SF 2277

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; providing for child 
  1.3             welfare reform; restricting release of certain 
  1.4             information; establishing citizen review panels; 
  1.5             clarifying jurisdiction; defining terms; imposing 
  1.6             duties; amending Minnesota Statutes 1996, sections 
  1.7             13.391; 256.01, subdivision 12, and by adding a 
  1.8             subdivision; 257.42; 257.43; 259.24, subdivision 1; 
  1.9             259.37, subdivision 2; 260.011, subdivision 2; 
  1.10            260.141, by adding a subdivision; 260.172, subdivision 
  1.11            1; 260.191, subdivision 1e; 260.221, as amended; and 
  1.12            626.556, subdivisions 10, 10h, 11a, and by adding a 
  1.13            subdivision; Minnesota Statutes 1997 Supplement, 
  1.14            sections 144.218, subdivision 2; 245A.03, subdivision 
  1.15            2; 245A.04, subdivisions 3b and 3d; 257.85, 
  1.16            subdivision 5; 259.22, subdivision 4; 259.47, 
  1.17            subdivision 3; 259.60, subdivision 2; 260.012; 
  1.18            260.015, subdivision 29; 260.191, subdivisions 1a and 
  1.19            3b; 260.241, subdivision 3; and 626.556, subdivisions 
  1.20            2, 10e, and 11. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1996, section 13.391, is 
  1.23  amended to read: 
  1.24     13.391 [VIDEOTAPES, AUDIOTAPES, AND PHOTOGRAPHS OF CHILD 
  1.25  ABUSE VICTIMS.] 
  1.26     (a) Notwithstanding section 13.04, subdivision 3, an 
  1.27  individual subject of data may not obtain: 
  1.28     (1) a copy of a videotape or audiotape in which a child 
  1.29  victim or alleged victim is alleging, explaining, denying, or 
  1.30  describing an act of physical or sexual abuse or neglect; or 
  1.31     (2) photographs depicting a child's injuries resulting from 
  1.32  physical or sexual abuse or neglect without a court order under 
  1.33  section 13.03, subdivision 6, or 611A.90.  The definitions of 
  2.1   physical abuse and sexual abuse in section 626.556, subdivision 
  2.2   2, apply to this section, except that abuse is not limited to 
  2.3   acts by a person responsible for the child's care or in a 
  2.4   significant relationship with the child or position of authority.
  2.5      (b) This section does not limit other rights of access to 
  2.6   data by an individual under section 13.04, subdivision 3, other 
  2.7   than the right to obtain a copy of the videotape, audiotape, or 
  2.8   photograph nor limit rights of access pursuant to discovery in a 
  2.9   court proceeding. 
  2.10     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.11  144.218, subdivision 2, is amended to read: 
  2.12     Subd. 2.  [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
  2.13  the adoption of a person who was born in a foreign country, the 
  2.14  court, upon evidence presented by the commissioner of human 
  2.15  services from information secured at the port of entry, or upon 
  2.16  evidence from other reliable sources, may make findings of fact 
  2.17  as to the date and place of birth and parentage.  Upon receipt 
  2.18  of certified copies of the court findings and the order or 
  2.19  decree of adoption or a certified copy of a decree issued under 
  2.20  section 259.60, the state registrar shall register a birth 
  2.21  certificate in the new name of the adopted person.  The 
  2.22  certified copies of the court findings and the order or, decree 
  2.23  of adoption, or decree issued under section 259.60 are 
  2.24  confidential, pursuant to section 13.02, subdivision 3, and 
  2.25  shall not be disclosed except pursuant to court order or section 
  2.26  144.1761.  The birth certificate shall state the place of birth 
  2.27  as specifically as possible, and that the certificate is not 
  2.28  evidence of United States citizenship. 
  2.29     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.30  245A.03, subdivision 2, is amended to read: 
  2.31     Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 
  2.32  245A.16 do not apply to: 
  2.33     (1) residential or nonresidential programs that are 
  2.34  provided to a person by an individual who is related unless the 
  2.35  residential program is a child foster care placement made by a 
  2.36  local social services agency or a licensed child-placing agency, 
  3.1   except as provided in subdivision 2a; 
  3.2      (2) nonresidential programs that are provided by an 
  3.3   unrelated individual to persons from a single related family; 
  3.4      (3) residential or nonresidential programs that are 
  3.5   provided to adults who do not abuse chemicals or who do not have 
  3.6   a chemical dependency, a mental illness, mental retardation or a 
  3.7   related condition, a functional impairment, or a physical 
  3.8   handicap; 
  3.9      (4) sheltered workshops or work activity programs that are 
  3.10  certified by the commissioner of economic security; 
  3.11     (5) programs for children enrolled in kindergarten to the 
  3.12  12th grade and prekindergarten special education in a school as 
  3.13  defined in section 120.101, subdivision 4, and programs serving 
  3.14  children in combined special education and regular 
  3.15  prekindergarten programs that are operated or assisted by the 
  3.16  commissioner of children, families, and learning; 
  3.17     (6) nonresidential programs primarily for children that 
  3.18  provide care or supervision, without charge for ten or fewer 
  3.19  days a year, and for periods of less than three hours a day 
  3.20  while the child's parent or legal guardian is in the same 
  3.21  building as the nonresidential program or present within another 
  3.22  building that is directly contiguous to the building in which 
  3.23  the nonresidential program is located; 
  3.24     (7) nursing homes or hospitals licensed by the commissioner 
  3.25  of health except as specified under section 245A.02; 
  3.26     (8) board and lodge facilities licensed by the commissioner 
  3.27  of health that provide services for five or more persons whose 
  3.28  primary diagnosis is mental illness who have refused an 
  3.29  appropriate residential program offered by a county agency.  
  3.30  This exclusion expires on July 1, 1990; 
  3.31     (9) homes providing programs for persons placed there by a 
  3.32  licensed agency for legal adoption, unless the adoption is not 
  3.33  completed within two years; 
  3.34     (10) programs licensed by the commissioner of corrections; 
  3.35     (11) recreation programs for children or adults that 
  3.36  operate for fewer than 40 calendar days in a calendar year or 
  4.1   programs operated by a park and recreation board of a city of 
  4.2   the first class whose primary purpose is to provide social and 
  4.3   recreational activities to school age children, provided the 
  4.4   program is approved by the park and recreation board; 
  4.5      (12) programs operated by a school as defined in section 
  4.6   120.101, subdivision 4, whose primary purpose is to provide 
  4.7   child care to school-age children, provided the program is 
  4.8   approved by the district's school board; 
  4.9      (13) Head Start nonresidential programs which operate for 
  4.10  less than 31 days in each calendar year; 
  4.11     (14) noncertified boarding care homes unless they provide 
  4.12  services for five or more persons whose primary diagnosis is 
  4.13  mental illness or mental retardation; 
  4.14     (15) nonresidential programs for nonhandicapped children 
  4.15  provided for a cumulative total of less than 30 days in any 
  4.16  12-month period; 
  4.17     (16) residential programs for persons with mental illness, 
  4.18  that are located in hospitals, until the commissioner adopts 
  4.19  appropriate rules; 
  4.20     (17) the religious instruction of school-age children; 
  4.21  Sabbath or Sunday schools; or the congregate care of children by 
  4.22  a church, congregation, or religious society during the period 
  4.23  used by the church, congregation, or religious society for its 
  4.24  regular worship; 
  4.25     (18) camps licensed by the commissioner of health under 
  4.26  Minnesota Rules, chapter 4630; 
  4.27     (19) mental health outpatient services for adults with 
  4.28  mental illness or children with emotional disturbance; 
  4.29     (20) residential programs serving school-age children whose 
  4.30  sole purpose is cultural or educational exchange, until the 
  4.31  commissioner adopts appropriate rules; 
  4.32     (21) unrelated individuals who provide out-of-home respite 
  4.33  care services to persons with mental retardation or related 
  4.34  conditions from a single related family for no more than 90 days 
  4.35  in a 12-month period and the respite care services are for the 
  4.36  temporary relief of the person's family or legal representative; 
  5.1      (22) respite care services provided as a home and 
  5.2   community-based service to a person with mental retardation or a 
  5.3   related condition, in the person's primary residence; 
  5.4      (23) community support services programs as defined in 
  5.5   section 245.462, subdivision 6, and family community support 
  5.6   services as defined in section 245.4871, subdivision 17; 
  5.7      (24) the placement of a child by a birth parent or legal 
  5.8   guardian in a preadoptive home for purposes of adoption as 
  5.9   authorized by section 259.47; or 
  5.10     (25) settings registered under chapter 144D which provide 
  5.11  home care services licensed by the commissioner of health to 
  5.12  fewer than seven adults. 
  5.13     For purposes of clause (6), a building is directly 
  5.14  contiguous to a building in which a nonresidential program is 
  5.15  located if it shares a common wall with the building in which 
  5.16  the nonresidential program is located or is attached to that 
  5.17  building by skyway, tunnel, atrium, or common roof. 
  5.18     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  5.19  245A.04, subdivision 3b, is amended to read: 
  5.20     Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
  5.21  individual who is the subject of the disqualification may 
  5.22  request a reconsideration of the disqualification.  
  5.23     The individual must submit the request for reconsideration 
  5.24  to the commissioner in writing.  A request for reconsideration 
  5.25  for an individual who has been sent a notice of disqualification 
  5.26  under subdivision 3a, paragraph (b), clause (1) or (2), must be 
  5.27  submitted within 30 calendar days of the disqualified 
  5.28  individual's receipt of the notice of disqualification.  A 
  5.29  request for reconsideration for an individual who has been sent 
  5.30  a notice of disqualification under subdivision 3a, paragraph 
  5.31  (b), clause (3), must be submitted within 15 calendar days of 
  5.32  the disqualified individual's receipt of the notice of 
  5.33  disqualification.  Removal of a disqualified individual from 
  5.34  direct contact shall be ordered if the individual does not 
  5.35  request reconsideration within the prescribed time, and for an 
  5.36  individual who submits a timely request for reconsideration, if 
  6.1   the disqualification is not set aside.  The individual must 
  6.2   present information showing that: 
  6.3      (1) the information the commissioner relied upon is 
  6.4   incorrect or inaccurate.  If the basis of a reconsideration 
  6.5   request is that a maltreatment determination or disposition 
  6.6   under section 626.556 or 626.557 is incorrect, and the 
  6.7   commissioner has issued a final order in an appeal of that 
  6.8   determination or disposition under section 256.045, the 
  6.9   commissioner's order is conclusive on the issue of maltreatment; 
  6.10  or 
  6.11     (2) the subject of the study does not pose a risk of harm 
  6.12  to any person served by the applicant or license holder. 
  6.13     (b) The commissioner may set aside the disqualification 
  6.14  under this section if the commissioner finds that the 
  6.15  information the commissioner relied upon is incorrect or the 
  6.16  individual does not pose a risk of harm to any person served by 
  6.17  the applicant or license holder.  In determining that an 
  6.18  individual does not pose a risk of harm, the commissioner shall 
  6.19  consider the consequences of the event or events that lead to 
  6.20  disqualification, whether there is more than one disqualifying 
  6.21  event, the vulnerability of the victim at the time of the event, 
  6.22  the time elapsed without a repeat of the same or similar event, 
  6.23  documentation of successful completion by the individual studied 
  6.24  of training or rehabilitation pertinent to the event, and any 
  6.25  other information relevant to reconsideration.  In reviewing a 
  6.26  disqualification under this section, the commissioner shall give 
  6.27  preeminent weight to the safety of each person to be served by 
  6.28  the license holder or applicant over the interests of the 
  6.29  license holder or applicant. 
  6.30     (c) Unless the information the commissioner relied on in 
  6.31  disqualifying an individual is incorrect, the commissioner may 
  6.32  not set aside the disqualification of an individual in 
  6.33  connection with a license to provide family day care for 
  6.34  children, foster care for children in the provider's own home, 
  6.35  or foster care or day care services for adults in the provider's 
  6.36  own home if: 
  7.1      (1) less than ten years have passed since the discharge of 
  7.2   the sentence imposed for the offense; and the individual has 
  7.3   been convicted of a violation of any offense listed in sections 
  7.4   609.20 (manslaughter in the first degree), 609.205 (manslaughter 
  7.5   in the second degree), criminal vehicular homicide under 609.21 
  7.6   (criminal vehicular homicide and injury), 609.215 (aiding 
  7.7   suicide or aiding attempted suicide), felony violations under 
  7.8   609.221 to 609.2231 (assault in the first, second, third, or 
  7.9   fourth degree), 609.713 (terroristic threats), 609.235 (use of 
  7.10  drugs to injure or to facilitate crime), 609.24 (simple 
  7.11  robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
  7.12  609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
  7.13  first or second degree), 609.71 (riot), burglary in the first or 
  7.14  second degree under 609.582 (burglary), 609.66 (dangerous 
  7.15  weapon), 609.665 (spring guns), 609.67 (machine guns and 
  7.16  short-barreled shotguns), 609.749 (harassment; stalking), 
  7.17  152.021 or 152.022 (controlled substance crime in the first or 
  7.18  second degree), 152.023, subdivision 1, clause (3) or (4), or 
  7.19  subdivision 2, clause (4) (controlled substance crime in the 
  7.20  third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
  7.21  (controlled substance crime in the fourth degree), 609.224, 
  7.22  subdivision 2, paragraph (c) (fifth-degree assault by a 
  7.23  caregiver against a vulnerable adult), 609.228 (great bodily 
  7.24  harm caused by distribution of drugs), 609.23 (mistreatment of 
  7.25  persons confined), 609.231 (mistreatment of residents or 
  7.26  patients), 609.2325 (criminal abuse of a vulnerable adult), 
  7.27  609.233 (criminal neglect of a vulnerable adult), 609.2335 
  7.28  (financial exploitation of a vulnerable adult), 609.234 (failure 
  7.29  to report), 609.265 (abduction), 609.2664 to 609.2665 
  7.30  (manslaughter of an unborn child in the first or second degree), 
  7.31  609.267 to 609.2672 (assault of an unborn child in the first, 
  7.32  second, or third degree), 609.268 (injury or death of an unborn 
  7.33  child in the commission of a crime), 617.293 (disseminating or 
  7.34  displaying harmful material to minors), 609.378 (neglect or 
  7.35  endangerment of a child), a gross misdemeanor offense under 
  7.36  609.377 (malicious punishment of a child), 609.72, subdivision 3 
  8.1   (disorderly conduct against a vulnerable adult); or an attempt 
  8.2   or conspiracy to commit any of these offenses, as each of these 
  8.3   offenses is defined in Minnesota Statutes; or an offense in any 
  8.4   other state, the elements of which are substantially similar to 
  8.5   the elements of any of the foregoing offenses; 
  8.6      (2) regardless of how much time has passed since the 
  8.7   discharge of the sentence imposed for the offense, the 
  8.8   individual was convicted of a violation of any offense listed in 
  8.9   sections 609.185 to 609.195 (murder in the first, second, or 
  8.10  third degree), 609.2661 to 609.2663 (murder of an unborn child 
  8.11  in the first, second, or third degree), a felony offense under 
  8.12  609.377 (malicious punishment of a child), 609.322 
  8.13  (solicitation, inducement, and promotion of prostitution), 
  8.14  609.323 (receiving profit derived from prostitution), 609.342 to 
  8.15  609.345 (criminal sexual conduct in the first, second, third, or 
  8.16  fourth degree), 609.352 (solicitation of children to engage in 
  8.17  sexual conduct), 617.246 (use of minors in a sexual 
  8.18  performance), 617.247 (possession of pictorial representations 
  8.19  of a minor), 609.365 (incest), a felony offense under 609.2242 
  8.20  and 609.2243 (domestic assault), a felony offense of spousal 
  8.21  abuse, a felony offense of child abuse or neglect, a felony 
  8.22  offense of a crime against children, or an attempt or conspiracy 
  8.23  to commit any of these offenses as defined in Minnesota 
  8.24  Statutes, or an offense in any other state, the elements of 
  8.25  which are substantially similar to any of the foregoing 
  8.26  offenses; 
  8.27     (3) within the seven years preceding the study, the 
  8.28  individual committed an act that constitutes maltreatment of a 
  8.29  child under section 626.556, subdivision 10e, and that resulted 
  8.30  in substantial bodily harm as defined in section 609.02, 
  8.31  subdivision 7a, or substantial mental or emotional harm as 
  8.32  supported by competent psychological or psychiatric evidence; or 
  8.33     (4) within the seven years preceding the study, the 
  8.34  individual was determined under section 626.557 to be the 
  8.35  perpetrator of a substantiated incident of maltreatment of a 
  8.36  vulnerable adult that resulted in substantial bodily harm as 
  9.1   defined in section 609.02, subdivision 7a, or substantial mental 
  9.2   or emotional harm as supported by competent psychological or 
  9.3   psychiatric evidence. 
  9.4      In the case of any ground for disqualification under 
  9.5   clauses (1) to (4), if the act was committed by an individual 
  9.6   other than the applicant or license holder residing in the 
  9.7   applicant's or license holder's home, the applicant or license 
  9.8   holder may seek reconsideration when the individual who 
  9.9   committed the act no longer resides in the home.  
  9.10     The disqualification periods provided under clauses (1), 
  9.11  (3), and (4) are the minimum applicable disqualification 
  9.12  periods.  The commissioner may determine that an individual 
  9.13  should continue to be disqualified from licensure because the 
  9.14  license holder or applicant poses a risk of harm to a person 
  9.15  served by that individual after the minimum disqualification 
  9.16  period has passed. 
  9.17     (d) The commissioner shall respond in writing or by 
  9.18  electronic transmission to all reconsideration requests for 
  9.19  which the basis for the request is that the information relied 
  9.20  upon by the commissioner to disqualify is incorrect or 
  9.21  inaccurate within 30 working days of receipt of a request and 
  9.22  all relevant information.  If the basis for the request is that 
  9.23  the individual does not pose a risk of harm, the commissioner 
  9.24  shall respond to the request within 15 working days after 
  9.25  receiving the request for reconsideration and all relevant 
  9.26  information.  If the disqualification is set aside, the 
  9.27  commissioner shall notify the applicant or license holder in 
  9.28  writing or by electronic transmission of the decision. 
  9.29     (e) Except as provided in subdivision 3c, the 
  9.30  commissioner's decision to disqualify an individual, including 
  9.31  the decision to grant or deny a rescission or set aside a 
  9.32  disqualification under this section, is the final administrative 
  9.33  agency action and shall not be subject to further review in a 
  9.34  contested case under chapter 14 involving a negative licensing 
  9.35  appeal taken in response to the disqualification or involving an 
  9.36  accuracy and completeness appeal under section 13.04. 
 10.1      Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 10.2   245A.04, subdivision 3d, is amended to read: 
 10.3      Subd. 3d.  [DISQUALIFICATION.] When a background study 
 10.4   completed under subdivision 3 shows any of the following:  a 
 10.5   conviction of one or more crimes listed in clauses (1) to (4); 
 10.6   the individual has admitted to or a preponderance of the 
 10.7   evidence indicates the individual has committed an act or acts 
 10.8   that meet the definition of any of the crimes listed in clauses 
 10.9   (1) to (4); or an administrative determination listed under 
 10.10  clause (4), the individual shall be disqualified from any 
 10.11  position allowing direct contact with persons receiving services 
 10.12  from the license holder: 
 10.13     (1) regardless of how much time has passed since the 
 10.14  discharge of the sentence imposed for the offense, and unless 
 10.15  otherwise specified, regardless of the level of the conviction, 
 10.16  the individual was convicted of any of the following offenses:  
 10.17  sections 609.185 (murder in the first degree); 609.19 (murder in 
 10.18  the second degree); 609.195 (murder in the third degree); 
 10.19  609.2661 (murder of an unborn child in the first degree); 
 10.20  609.2662 (murder of an unborn child in the second degree); 
 10.21  609.2663 (murder of an unborn child in the third degree); 
 10.22  609.322 (solicitation, inducement, and promotion of 
 10.23  prostitution); 609.323 (receiving profit derived from 
 10.24  prostitution); 609.342 (criminal sexual conduct in the first 
 10.25  degree); 609.343 (criminal sexual conduct in the second degree); 
 10.26  609.344 (criminal sexual conduct in the third degree); 609.345 
 10.27  (criminal sexual conduct in the fourth degree); 609.352 
 10.28  (solicitation of children to engage in sexual conduct); 609.365 
 10.29  (incest); felony offense under 609.377 (malicious punishment of 
 10.30  a child); 617.246 (use of minors in sexual performance 
 10.31  prohibited); 617.247 (possession of pictorial representations of 
 10.32  minors); a felony offense under 609.2242 and 609.2243 (domestic 
 10.33  assault), a felony offense of spousal abuse, a felony offense of 
 10.34  child abuse or neglect, a felony offense of a crime against 
 10.35  children; or attempt or conspiracy to commit any of these 
 10.36  offenses as defined in Minnesota Statutes, or an offense in any 
 11.1   other state or country, where the elements are substantially 
 11.2   similar to any of the offenses listed in this clause; 
 11.3      (2) if less than 15 years have passed since the discharge 
 11.4   of the sentence imposed for the offense; and the individual has 
 11.5   received a felony conviction for a violation of any of these 
 11.6   offenses:  sections 609.20 (manslaughter in the first degree); 
 11.7   609.205 (manslaughter in the second degree); 609.21 (criminal 
 11.8   vehicular homicide and injury); 609.215 (suicide); 609.221 to 
 11.9   609.2231 (assault in the first, second, third, or fourth 
 11.10  degree); repeat offenses under 609.224 (assault in the fifth 
 11.11  degree); 609.2242 and 609.2243 (domestic assault; sentencing; 
 11.12  repeat domestic assault); repeat offenses under 609.3451 
 11.13  (criminal sexual conduct in the fifth degree); 609.713 
 11.14  (terroristic threats); 609.235 (use of drugs to injure or 
 11.15  facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
 11.16  robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 
 11.17  609.561 (arson in the first degree); 609.562 (arson in the 
 11.18  second degree); 609.563 (arson in the third degree); repeat 
 11.19  offenses under 617.23 (indecent exposure; penalties); repeat 
 11.20  offenses under 617.241 (obscene materials and performances; 
 11.21  distribution and exhibition prohibited; penalty); 609.71 (riot); 
 11.22  609.66 (dangerous weapons); 609.67 (machine guns and 
 11.23  short-barreled shotguns); 609.749 (harassment; stalking; 
 11.24  penalties); 609.228 (great bodily harm caused by distribution of 
 11.25  drugs); 609.2325 (criminal abuse of a vulnerable adult); 
 11.26  609.2664 (manslaughter of an unborn child in the first degree); 
 11.27  609.2665 (manslaughter of an unborn child in the second degree); 
 11.28  609.267 (assault of an unborn child in the first degree); 
 11.29  609.2671 (assault of an unborn child in the second degree); 
 11.30  609.268 (injury or death of an unborn child in the commission of 
 11.31  a crime); 609.378 (neglect or endangerment of a child); 609.324, 
 11.32  subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335 
 11.33  (financial exploitation of a vulnerable adult); 609.521 
 11.34  (possession of shoplifting gear); 609.582 (burglary); 609.625 
 11.35  (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 
 11.36  offering a forged check); 609.635 (obtaining signature by false 
 12.1   pretense); 609.27 (coercion); 609.275 (attempt to coerce); 
 12.2   609.687 (adulteration); 260.221 (grounds for termination of 
 12.3   parental rights); and chapter 152 (drugs; controlled 
 12.4   substance).  An attempt or conspiracy to commit any of these 
 12.5   offenses, as each of these offenses is defined in Minnesota 
 12.6   Statutes; or an offense in any other state or country, the 
 12.7   elements of which are substantially similar to the elements of 
 12.8   the offenses in this clause.  If the individual studied is 
 12.9   convicted of one of the felonies listed in this clause, but the 
 12.10  sentence is a gross misdemeanor or misdemeanor disposition, the 
 12.11  look-back period for the conviction is the period applicable to 
 12.12  the disposition, that is the period for gross misdemeanors or 
 12.13  misdemeanors; 
 12.14     (3) if less than ten years have passed since the discharge 
 12.15  of the sentence imposed for the offense; and the individual has 
 12.16  received a gross misdemeanor conviction for a violation of any 
 12.17  of the following offenses:  sections 609.224 (assault in the 
 12.18  fifth degree); 609.2242 and 609.2243 (domestic assault); 
 12.19  violation of an order for protection under 518B.01, subdivision 
 12.20  14; 609.3451 (criminal sexual conduct in the fifth degree); 
 12.21  repeat offenses under 609.746 (interference with privacy); 
 12.22  repeat offenses under 617.23 (indecent exposure); 617.241 
 12.23  (obscene materials and performances); 617.243 (indecent 
 12.24  literature, distribution); 617.293 (harmful materials; 
 12.25  dissemination and display to minors prohibited); 609.71 (riot); 
 12.26  609.66 (dangerous weapons); 609.749 (harassment; stalking; 
 12.27  penalties); 609.224, subdivision 2, paragraph (c) (assault in 
 12.28  the fifth degree by a caregiver against a vulnerable adult); 
 12.29  609.23 (mistreatment of persons confined); 609.231 (mistreatment 
 12.30  of residents or patients); 609.2325 (criminal abuse of a 
 12.31  vulnerable adult); 609.233 (criminal neglect of a vulnerable 
 12.32  adult); 609.2335 (financial exploitation of a vulnerable adult); 
 12.33  609.234 (failure to report maltreatment of a vulnerable adult); 
 12.34  609.72, subdivision 3 (disorderly conduct against a vulnerable 
 12.35  adult); 609.265 (abduction); 609.378 (neglect or endangerment of 
 12.36  a child); 609.377 (malicious punishment of a child); 609.324, 
 13.1   subdivision 1a (other prohibited acts; minor engaged in 
 13.2   prostitution); 609.33 (disorderly house); 609.52 (theft); 
 13.3   609.582 (burglary); 609.631 (check forgery; offering a forged 
 13.4   check); 609.275 (attempt to coerce); or an attempt or conspiracy 
 13.5   to commit any of these offenses, as each of these offenses is 
 13.6   defined in Minnesota Statutes; or an offense in any other state 
 13.7   or country, the elements of which are substantially similar to 
 13.8   the elements of any of the offenses listed in this clause.  If 
 13.9   the defendant is convicted of one of the gross misdemeanors 
 13.10  listed in this clause, but the sentence is a misdemeanor 
 13.11  disposition, the look-back period for the conviction is the 
 13.12  period applicable to misdemeanors; 
 13.13     (4) if less than seven years have passed since the 
 13.14  discharge of the sentence imposed for the offense; and the 
 13.15  individual has received a misdemeanor conviction for a violation 
 13.16  of any of the following offenses:  sections 609.224 (assault in 
 13.17  the fifth degree); 609.2242 (domestic assault); violation of an 
 13.18  order for protection under 518B.01 (Domestic Abuse Act); 
 13.19  violation of an order for protection under 609.3232 (protective 
 13.20  order authorized; procedures; penalties); 609.746 (interference 
 13.21  with privacy); 609.79 (obscene or harassing phone calls); 
 13.22  609.795 (letter, telegram, or package; opening; harassment); 
 13.23  617.23 (indecent exposure; penalties); 609.2672 (assault of an 
 13.24  unborn child in the third degree); 617.293 (harmful materials; 
 13.25  dissemination and display to minors prohibited); 609.66 
 13.26  (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
 13.27  exploitation of a vulnerable adult); 609.234 (failure to report 
 13.28  maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
 13.29  (coercion); or an attempt or conspiracy to commit any of these 
 13.30  offenses, as each of these offenses is defined in Minnesota 
 13.31  Statutes; or an offense in any other state or country, the 
 13.32  elements of which are substantially similar to the elements of 
 13.33  any of the offenses listed in this clause; failure to make 
 13.34  required reports under section 626.556, subdivision 3, or 
 13.35  626.557, subdivision 3, for incidents in which:  (i) the final 
 13.36  disposition under section 626.556 or 626.557 was substantiated 
 14.1   maltreatment, and (ii) the maltreatment was recurring or 
 14.2   serious; or substantiated serious or recurring maltreatment of a 
 14.3   minor under section 626.556 or of a vulnerable adult under 
 14.4   section 626.557 for which there is a preponderance of evidence 
 14.5   that the maltreatment occurred, and that the subject was 
 14.6   responsible for the maltreatment.  For the purposes of this 
 14.7   section, serious maltreatment means sexual abuse; maltreatment 
 14.8   resulting in death; or maltreatment resulting in serious injury 
 14.9   or harm which reasonably requires the care of a physician 
 14.10  whether or not the care of a physician was sought, including:; 
 14.11  or abuse resulting in serious injury.  For purposes of this 
 14.12  section, the following are deemed to be serious injuries: 
 14.13  bruises, bites, skin laceration or tissue damage; fractures; 
 14.14  dislocations; evidence of internal injuries; head injuries with 
 14.15  loss of consciousness; extensive second-degree or third-degree 
 14.16  burns and other burns for which complications are 
 14.17  present; extensive second-degree or third-degree frostbite, and 
 14.18  others for which complications are present; irreversible 
 14.19  mobility or avulsion of teeth; injuries to the eyeball; 
 14.20  ingestion of foreign substances and objects that are harmful; 
 14.21  near drowning; and heat exhaustion or sunstroke.  For the 
 14.22  purposes of this section, recurring maltreatment means more than 
 14.23  one incident of maltreatment for which there is a preponderance 
 14.24  of evidence that the maltreatment occurred, and that the subject 
 14.25  was responsible for the maltreatment. 
 14.26     Sec. 6.  Minnesota Statutes 1996, section 256.01, 
 14.27  subdivision 12, is amended to read: 
 14.28     Subd. 12.  [CHILD MORTALITY REVIEW PANEL.] (a) The 
 14.29  commissioner shall establish a child mortality review panel for 
 14.30  reviewing deaths of children in Minnesota, including deaths 
 14.31  attributed to maltreatment or in which maltreatment may be a 
 14.32  contributing cause, and for reviewing near fatalities as defined 
 14.33  in section 626.556, subdivision 11d.  The commissioners of 
 14.34  health, children, families, and learning, and public safety and 
 14.35  the attorney general shall each designate a representative to 
 14.36  the child mortality review panel.  Other panel members shall be 
 15.1   appointed by the commissioner, including a board-certified 
 15.2   pathologist and a physician who is a coroner or a medical 
 15.3   examiner.  The purpose of the panel shall be to make 
 15.4   recommendations to the state and to county agencies for 
 15.5   improving the child protection system, including modifications 
 15.6   in statute, rule, policy, and procedure. 
 15.7      (b) The commissioner may require a county agency to 
 15.8   establish a local child mortality review panel.  The 
 15.9   commissioner may establish procedures for conducting local 
 15.10  reviews and may require that all professionals with knowledge of 
 15.11  a child mortality case participate in the local review.  In this 
 15.12  section, "professional" means a person licensed to perform or a 
 15.13  person performing a specific service in the child protective 
 15.14  service system.  "Professional" includes law enforcement 
 15.15  personnel, social service agency attorneys, educators, and 
 15.16  social service, health care, and mental health care providers. 
 15.17     (c) If the commissioner of human services has reason to 
 15.18  believe that a child's death was caused by maltreatment or that 
 15.19  maltreatment was a contributing cause, the commissioner has 
 15.20  access to not public data under chapter 13 maintained by state 
 15.21  agencies, statewide systems, or political subdivisions that are 
 15.22  related to the child's death or circumstances surrounding the 
 15.23  care of the child.  The commissioner shall also have access to 
 15.24  records of private hospitals as necessary to carry out the 
 15.25  duties prescribed by this section.  Access to data under this 
 15.26  paragraph is limited to police investigative data; autopsy 
 15.27  records and coroner or medical examiner investigative data; 
 15.28  hospital, public health, or other medical records of the child; 
 15.29  hospital and other medical records of the child's parent that 
 15.30  relate to prenatal care; and records created by social service 
 15.31  agencies that provided services to the child or family within 
 15.32  three years preceding the child's death.  A state agency, 
 15.33  statewide system, or political subdivision shall provide the 
 15.34  data upon request of the commissioner.  Not public data may be 
 15.35  shared with members of the state or local child mortality review 
 15.36  panel in connection with an individual case. 
 16.1      (d) Notwithstanding the data's classification in the 
 16.2   possession of any other agency, data acquired by a local or 
 16.3   state child mortality review panel in the exercise of its duties 
 16.4   is protected nonpublic or confidential data as defined in 
 16.5   section 13.02, but may be disclosed as necessary to carry out 
 16.6   the purposes of the review panel.  The data is not subject to 
 16.7   subpoena or discovery.  The commissioner may disclose 
 16.8   conclusions of the review panel, but shall not disclose data 
 16.9   that was classified as confidential or private data on 
 16.10  decedents, under section 13.10, or private, confidential, or 
 16.11  protected nonpublic data in the disseminating agency, except 
 16.12  that the commissioner may disclose local social service agency 
 16.13  data as provided in section 626.556, subdivision 11d, on 
 16.14  individual cases involving a fatality or near fatality of a 
 16.15  person served by the local social service agency prior to the 
 16.16  date of death. 
 16.17     (e) A person attending a child mortality review panel 
 16.18  meeting shall not disclose what transpired at the meeting, 
 16.19  except to carry out the purposes of the mortality review panel.  
 16.20  The proceedings and records of the mortality review panel are 
 16.21  protected nonpublic data as defined in section 13.02, 
 16.22  subdivision 13, and are not subject to discovery or introduction 
 16.23  into evidence in a civil or criminal action against a 
 16.24  professional, the state or a county agency, arising out of the 
 16.25  matters the panel is reviewing.  Information, documents, and 
 16.26  records otherwise available from other sources are not immune 
 16.27  from discovery or use in a civil or criminal action solely 
 16.28  because they were presented during proceedings of the review 
 16.29  panel.  A person who presented information before the review 
 16.30  panel or who is a member of the panel shall not be prevented 
 16.31  from testifying about matters within the person's knowledge.  
 16.32  However, in a civil or criminal proceeding a person shall not be 
 16.33  questioned about the person's presentation of information to the 
 16.34  review panel or opinions formed by the person as a result of the 
 16.35  review meetings.  
 16.36     Sec. 7.  Minnesota Statutes 1996, section 256.01, is 
 17.1   amended by adding a subdivision to read: 
 17.2      Subd. 15.  [CITIZEN REVIEW PANELS.] (a) The commissioner 
 17.3   shall establish a minimum of three citizen review panels to 
 17.4   examine the policies and procedures of state and local welfare 
 17.5   agencies to evaluate the extent to which the agencies are 
 17.6   effectively discharging their child protection 
 17.7   responsibilities.  Local social service agencies shall cooperate 
 17.8   and work with the citizen review panels.  Where appropriate, the 
 17.9   panels may examine specific cases to evaluate the effectiveness 
 17.10  of child protection.  The panels must examine the extent to 
 17.11  which the state and local agencies are meeting the requirements 
 17.12  of the federal Child Abuse Prevention and Treatment Act and the 
 17.13  Reporting of Maltreatment of Minors Act.  Local mortality review 
 17.14  panels or child protection teams may carry out the duties of a 
 17.15  citizen review panel if membership meets or is expanded to meet 
 17.16  the requirements of this section. 
 17.17     (b) The panel membership must include volunteers who 
 17.18  broadly represent the community in which the panel is 
 17.19  established, including members who have expertise in the 
 17.20  prevention and treatment of child abuse and neglect. 
 17.21     (c) Access to data for specific case review under this 
 17.22  paragraph is limited to:  police investigative data; autopsy 
 17.23  records and coroner or medical examiner investigative data; 
 17.24  hospital, public health, or other medical records of the child; 
 17.25  hospital and other medical records of the child's parent that 
 17.26  relate to prenatal care; and records created by social service 
 17.27  agencies that provided services to the child or family.  A state 
 17.28  agency, statewide system, or political subdivision shall provide 
 17.29  the data upon request of the commissioner.  Not public data may 
 17.30  be shared with members of the state or local citizen review 
 17.31  panel in connection with an individual case. 
 17.32     (d) Notwithstanding the data's classification in the 
 17.33  possession of any other agency, data acquired by a local or 
 17.34  state citizen review panel in the exercise of its duties is 
 17.35  protected nonpublic or confidential data as defined in section 
 17.36  13.02, but may be disclosed as necessary to carry out the 
 18.1   purposes of the review panel.  The data is not subject to 
 18.2   subpoena or discovery.  The commissioner may disclose 
 18.3   conclusions of the review panel, but shall not disclose data 
 18.4   that was classified as confidential or private data.  
 18.5      (e) A person attending a citizen review panel meeting shall 
 18.6   not disclose what transpired at the meeting, except to carry out 
 18.7   the purposes of the review panel.  The proceedings and records 
 18.8   of the review panel are protected nonpublic data as defined in 
 18.9   section 13.02, subdivision 13, and are not subject to discovery 
 18.10  or introduction into evidence in a civil or criminal action 
 18.11  against a professional, the state, or county agency arising out 
 18.12  of the matters the panel is reviewing.  Information, documents, 
 18.13  and records otherwise available from other sources are not 
 18.14  immune from discovery or use in a civil or criminal action 
 18.15  solely because they were presented during proceedings of the 
 18.16  review panel.  A person who presented information before the 
 18.17  review panel or who is a member of the panel is not prevented 
 18.18  from testifying about matters within the person's knowledge.  
 18.19  However, in a civil or criminal proceeding, a person must not be 
 18.20  questioned about the person's presentation of information to the 
 18.21  review panel or opinions formed by the person as a result of the 
 18.22  review meetings. 
 18.23     Sec. 8.  Minnesota Statutes 1996, section 257.42, is 
 18.24  amended to read: 
 18.25     257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 
 18.26     The "appropriate public authorities" as used in article 3 
 18.27  of the interstate compact on the placement of children shall, 
 18.28  with reference to this state, mean the Minnesota department 
 18.29  commissioner of human services and said.  The department 
 18.30  commissioner of human services or the commissioner's delegate 
 18.31  shall receive and act with reference to notices required by said 
 18.32  article 3.  
 18.33     Sec. 9.  Minnesota Statutes 1996, section 257.43, is 
 18.34  amended to read: 
 18.35     257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.] 
 18.36     As used in paragraph (a) of article 5 of the interstate 
 19.1   compact on the placement of children, the phrase "appropriate 
 19.2   authority in the receiving state" with reference to this state 
 19.3   shall mean the commissioner of human services or the 
 19.4   commissioner's delegate.  
 19.5      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 19.6   257.85, subdivision 5, is amended to read: 
 19.7      Subd. 5.  [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A 
 19.8   relative custody assistance agreement will not be effective, 
 19.9   unless it is signed by the local agency and the relative 
 19.10  custodian no later than 30 days after the date of the order 
 19.11  establishing permanent legal and physical custody with the 
 19.12  relative, except that a local agency may enter into a relative 
 19.13  custody assistance agreement with a relative custodian more than 
 19.14  30 days after the date of the order if it certifies that the 
 19.15  delay in entering the agreement was through no fault of the 
 19.16  relative custodian.  There must be a separate agreement for each 
 19.17  child for whom the relative custodian is receiving relative 
 19.18  custody assistance. 
 19.19     (b) Regardless of when the relative custody assistance 
 19.20  agreement is signed by the local agency and relative custodian, 
 19.21  the effective date of the agreement shall be the first day of 
 19.22  the month following the date of the order establishing permanent 
 19.23  legal and physical custody or the date that the last party signs 
 19.24  the agreement, whichever occurs later. 
 19.25     (c) If MFIP-S is not the applicable program for a child at 
 19.26  the time that a relative custody assistance agreement is entered 
 19.27  on behalf of the child, when MFIP-S becomes the applicable 
 19.28  program, if the relative custodian had been receiving custody 
 19.29  assistance payments calculated based upon a different program, 
 19.30  the amount of relative custody assistance payment under 
 19.31  subdivision 7 shall be recalculated under the MFIP-S program. 
 19.32     (d) The relative custody assistance agreement shall be in a 
 19.33  form specified by the commissioner and shall include provisions 
 19.34  relating to the following: 
 19.35     (1) the responsibilities of all parties to the agreement; 
 19.36     (2) the payment terms, including the financial 
 20.1   circumstances of the relative custodian, the needs of the child, 
 20.2   the amount and calculation of the relative custody assistance 
 20.3   payments, and that the amount of the payments shall be 
 20.4   reevaluated annually; 
 20.5      (3) the effective date of the agreement, which shall also 
 20.6   be the anniversary date for the purpose of submitting the annual 
 20.7   affidavit under subdivision 8; 
 20.8      (4) that failure to submit the affidavit as required by 
 20.9   subdivision 8 will be grounds for terminating the agreement; 
 20.10     (5) the agreement's expected duration, which shall not 
 20.11  extend beyond the child's eighteenth birthday; 
 20.12     (6) any specific known circumstances that could cause the 
 20.13  agreement or payments to be modified, reduced, or terminated and 
 20.14  the relative custodian's appeal rights under subdivision 9; 
 20.15     (7) that the relative custodian must notify the local 
 20.16  agency within 30 days of any of the following: 
 20.17     (i) a change in the child's status; 
 20.18     (ii) a change in the relationship between the relative 
 20.19  custodian and the child; 
 20.20     (iii) a change in composition or level of income of the 
 20.21  relative custodian's family; 
 20.22     (iv) a change in eligibility or receipt of benefits under 
 20.23  AFDC, MFIP-S, or other assistance program; and 
 20.24     (v) any other change that could affect eligibility for or 
 20.25  amount of relative custody assistance; 
 20.26     (8) that failure to provide notice of a change as required 
 20.27  by clause (7) will be grounds for terminating the agreement; 
 20.28     (9) that the amount of relative custody assistance is 
 20.29  subject to the availability of state funds to reimburse the 
 20.30  local agency making the payments; 
 20.31     (10) that the relative custodian may choose to temporarily 
 20.32  stop receiving payments under the agreement at any time by 
 20.33  providing 30 days' notice to the local agency and may choose to 
 20.34  begin receiving payments again by providing the same notice but 
 20.35  any payments the relative custodian chooses not to receive are 
 20.36  forfeit; and 
 21.1      (11) that the local agency will continue to be responsible 
 21.2   for making relative custody assistance payments under the 
 21.3   agreement regardless of the relative custodian's place of 
 21.4   residence. 
 21.5      Sec. 11.  Minnesota Statutes 1997 Supplement, section 
 21.6   259.22, subdivision 4, is amended to read: 
 21.7      Subd. 4.  [TIME FOR FILING PETITION.] A petition shall be 
 21.8   filed not later than 24 12 months after a child is placed in a 
 21.9   prospective adoptive home.  If a petition is not filed by that 
 21.10  time, the agency that placed the child, or, in a direct adoptive 
 21.11  placement, the agency that is supervising the placement shall 
 21.12  file with the district court in the county where the prospective 
 21.13  adoptive parent resides a motion for an order and a report 
 21.14  recommending one of the following: 
 21.15     (1) that the time for filing a petition be extended because 
 21.16  of the child's special needs as defined under title IV-E of the 
 21.17  Social Security Act, United States Code, title 42, section 673; 
 21.18     (2) that, based on a written plan for completing filing of 
 21.19  the petition, including a specific timeline, to which the 
 21.20  prospective adoptive parents have agreed, the time for filing a 
 21.21  petition be extended long enough to complete the plan because 
 21.22  such an extension is in the best interests of the child and 
 21.23  additional time is needed for the child to adjust to the 
 21.24  adoptive home; or 
 21.25     (3) that the child be removed from the prospective adoptive 
 21.26  home. 
 21.27     The prospective adoptive parent must reimburse an agency 
 21.28  for the cost of preparing and filing the motion and report under 
 21.29  this section, unless the costs are reimbursed by the 
 21.30  commissioner under section 259.67 or 259.73. 
 21.31     Sec. 12.  Minnesota Statutes 1996, section 259.24, 
 21.32  subdivision 1, is amended to read: 
 21.33     Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
 21.34  without the consent of the child's parents and the child's 
 21.35  guardian, if there be one, except in the following instances: 
 21.36     (a) Consent shall not be required of a parent not entitled 
 22.1   to notice of the proceedings.  
 22.2      (b) Consent shall not be required of a parent who has 
 22.3   abandoned the child, or of a parent who has lost custody of the 
 22.4   child through a divorce decree or a decree of dissolution, and 
 22.5   upon whom notice has been served as required by section 259.49. 
 22.6      (c) Consent shall not be required of a parent whose 
 22.7   parental rights to the child have been terminated by a juvenile 
 22.8   court or who has lost custody of a child through a final 
 22.9   commitment of the juvenile court or through a decree in a prior 
 22.10  adoption proceeding. 
 22.11     (d) If there be no parent or guardian qualified to consent 
 22.12  to the adoption, the consent may be given by the commissioner. 
 22.13     (e) The commissioner or agency having authority to place a 
 22.14  child for adoption pursuant to section 259.25, subdivision 1, 
 22.15  shall have the exclusive right to consent to the adoption of 
 22.16  such child.  Notwithstanding any rule to the contrary, the 
 22.17  commissioner may delegate the right to consent to the adoption 
 22.18  or separation of siblings, if it is in the child's best 
 22.19  interest, to a local social services agency.  
 22.20     Sec. 13.  Minnesota Statutes 1996, section 259.37, 
 22.21  subdivision 2, is amended to read: 
 22.22     Subd. 2.  [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE 
 22.23  PARENTS.] An agency shall provide a disclosure statement written 
 22.24  in clear, plain language to be signed by the prospective 
 22.25  adoptive parents and birth parents, except that in intercountry 
 22.26  adoptions, the signatures of birth parents are not required.  
 22.27  The disclosure statement must contain the following information: 
 22.28     (1) fees charged to the adoptive parent, including any 
 22.29  policy on sliding scale fees or fee waivers and an itemization 
 22.30  of the amount that will be charged for the adoption study, 
 22.31  counseling, postplacement services, family of origin searches, 
 22.32  birth parent expenses authorized under section 259.55, or any 
 22.33  other services; 
 22.34     (2) timeline for the adoptive parent to make fee payments; 
 22.35     (3) likelihood, given the circumstances of the prospective 
 22.36  adoptive parent and any specific program to which the 
 23.1   prospective adoptive parent is applying, that an adoptive 
 23.2   placement may be made and the estimated length of time for 
 23.3   making an adoptive placement.  These estimates must be based on 
 23.4   adoptive placements made with prospective parents in similar 
 23.5   circumstances applying to a similar program with the agency 
 23.6   during the immediately preceding three to five years.  If an 
 23.7   agency has not been in operation for at least three years, it 
 23.8   must provide summary data based on whatever adoptive placements 
 23.9   it has made and may include a statement about the kind of 
 23.10  efforts it will make to achieve an adoptive placement, including 
 23.11  a timetable it will follow in seeking a child.  The estimates 
 23.12  must include a statement that the agency cannot guarantee 
 23.13  placement of a child or a time by which a child will be placed; 
 23.14     (4) a statement of the services the agency will provide the 
 23.15  birth and adoptive parents; 
 23.16     (5) a statement prepared by the commissioner under section 
 23.17  259.39 that explains the child placement and adoption process 
 23.18  and the respective legal rights and responsibilities of the 
 23.19  birth parent and prospective adoptive parent during the process 
 23.20  including a statement that the prospective adoptive parent is 
 23.21  responsible for filing an adoption petition not later than 24 12 
 23.22  months after the child is placed in the prospective adoptive 
 23.23  home; 
 23.24     (6) a statement regarding any information the agency may 
 23.25  have about attorney referral services, or about obtaining 
 23.26  assistance with completing legal requirements for an adoption; 
 23.27  and 
 23.28     (7) an acknowledgment to be signed by the birth parent and 
 23.29  prospective adoptive parent that they have received, read, and 
 23.30  had the opportunity to ask questions of the agency about the 
 23.31  contents of the disclosure statement. 
 23.32     Sec. 14.  Minnesota Statutes 1997 Supplement, section 
 23.33  259.47, subdivision 3, is amended to read: 
 23.34     Subd. 3.  [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 
 23.35  is placed in a prospective adoptive home by a birth parent or 
 23.36  legal guardian, other than an agency, the placement must be 
 24.1   approved by the district court in the county where the 
 24.2   prospective adoptive parent resides.  An order under this 
 24.3   subdivision or subdivision 6 shall state that the prospective 
 24.4   adoptive parent's right to custody of the child is subject to 
 24.5   the birth parent's right to custody until the consents to the 
 24.6   child's adoption become irrevocable.  At the time of placement, 
 24.7   prospective adoptive parents must have for the child qualifying 
 24.8   existing coverage as defined in section 62L.02, subdivision 24, 
 24.9   or other similar comprehensive health care coverage.  The 
 24.10  preadoptive custody order must include any agreement reached 
 24.11  between the prospective adoptive parent and the birth parent 
 24.12  regarding authority to make decisions for medical care of the 
 24.13  child and responsibility for payment not provided by the 
 24.14  adoptive parent's existing health care coverage.  The 
 24.15  prospective adoptive parent must meet the residence requirements 
 24.16  of section 259.22, subdivision 1, and must file with the court 
 24.17  an affidavit of intent to remain a resident of the state for at 
 24.18  least three months after the child is placed in the prospective 
 24.19  adoptive home.  The prospective adoptive parent shall file with 
 24.20  the court a notice of intent to file an adoption petition and 
 24.21  submit a written motion seeking an order granting temporary 
 24.22  preadoptive custody.  The notice and motion required under this 
 24.23  subdivision may be considered by the court ex parte, without a 
 24.24  hearing.  The prospective adoptive parent shall serve a copy of 
 24.25  the notice and motion upon any parent whose consent is required 
 24.26  under section 259.24 or who is named in the affidavit required 
 24.27  under paragraph (b) if that person's mailing address is known.  
 24.28  The motion may be filed up to 60 days before the placement is to 
 24.29  be made and must include:  
 24.30     (1) the adoption study required under section 259.41; 
 24.31     (2) affidavits from the birth parents indicating their 
 24.32  support of the motion, or, if there is no affidavit from the 
 24.33  birth father, an affidavit from the birth mother under paragraph 
 24.34  (b); 
 24.35     (3) an itemized statement of expenses that have been paid 
 24.36  and an estimate of expenses that will be paid by the prospective 
 25.1   adoptive parents to the birth parents, any agency, attorney, or 
 25.2   other party in connection with the prospective adoption; 
 25.3      (4) the name of counsel for each party, if any; 
 25.4      (5) a statement that the birth parents: 
 25.5      (i) have provided the social and medical history required 
 25.6   under section 259.43 to the prospective adoptive parent; 
 25.7      (ii) have received the written statement of their legal 
 25.8   rights and responsibilities under section 259.39; and 
 25.9      (iii) have been notified of their right to receive 
 25.10  counseling under subdivision 4; and 
 25.11     (6) the name of the agency chosen by the adoptive parent to 
 25.12  supervise the adoptive placement and complete the postplacement 
 25.13  assessment required by section 259.53, subdivision 2. 
 25.14     The court shall review the expense statement submitted 
 25.15  under this subdivision to determine whether payments made or to 
 25.16  be made by the prospective adoptive parent are lawful and in 
 25.17  accordance with section 259.55, subdivision 1. 
 25.18     (b) If the birth mother submits the affidavit required in 
 25.19  paragraph (a), clause (2), but the birth father fails to do so, 
 25.20  the birth mother must submit an additional affidavit that 
 25.21  describes her good faith efforts or efforts made on her behalf 
 25.22  to identify and locate the birth father for purposes of securing 
 25.23  his consent.  In the following circumstances the birth mother 
 25.24  may instead submit an affidavit stating on which ground she is 
 25.25  exempt from making efforts to identify and locate the father: 
 25.26     (1) the child was conceived as the result of incest or 
 25.27  rape; 
 25.28     (2) efforts to locate the father by the affiant or anyone 
 25.29  acting on the affiant's behalf could reasonably result in 
 25.30  physical harm to the birth mother or child; or 
 25.31     (3) efforts to locate the father by the affiant or anyone 
 25.32  acting on the affiant's behalf could reasonably result in severe 
 25.33  emotional distress of the birth mother or child. 
 25.34     A court shall consider the motion for temporary preadoptive 
 25.35  custody within 30 days of receiving the motion or by the 
 25.36  anticipated placement date stated in the motion, whichever comes 
 26.1   sooner. 
 26.2      Sec. 15.  Minnesota Statutes 1997 Supplement, section 
 26.3   259.60, subdivision 2, is amended to read: 
 26.4      Subd. 2.  [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER; 
 26.5   DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in 
 26.6   paragraph (b), a person, whose adoption of a child under the 
 26.7   laws of a foreign country is valid in this state under 
 26.8   subdivision 1, may petition the district court in the county 
 26.9   where the adoptive parent resides for a decree confirming and 
 26.10  recognizing the adoption, changing the child's legal name, if 
 26.11  requested in the petition, and for authorizing the commissioner 
 26.12  of health to issue a new birth certificate for the 
 26.13  child pursuant to section 144.218, subdivision 2. 
 26.14     (b) A court shall issue the decree and birth 
 26.15  certificate described in paragraph (a) upon receipt of the 
 26.16  following documents: 
 26.17     (1) a petition by the adoptive parent requesting that the 
 26.18  court issue a Minnesota birth certificate, and stating that the 
 26.19  adoptive parent completed adoption of the child under the laws 
 26.20  of a foreign country and that the adoption is valid in this 
 26.21  state under subdivision 1 and requesting that the court issue a 
 26.22  decree confirming and recognizing the adoption, changing the 
 26.23  child's legal name, if desired, and authorizing the commissioner 
 26.24  of health to issue a new birth certificate for the child 
 26.25  pursuant to section 144.218, subdivision 2.  The petition must 
 26.26  be in the form of a signed, sworn, and notarized statement; 
 26.27     (2) a copy of the child's original birth certificate, if 
 26.28  available; 
 26.29     (3) a copy of the final adoption certificate or equivalent 
 26.30  as issued by the foreign jurisdiction; 
 26.31     (4) a copy of the child's passport including the United 
 26.32  States visa indicating IR-3 immigration status; and 
 26.33     (5) certified English translations of any of the documents 
 26.34  in clauses (2) to (4) that are not written in the English 
 26.35  language. 
 26.36     (c) Upon issuing a decree pursuant to this section, the 
 27.1   court shall forward to the commissioners of health and human 
 27.2   services a copy of the decree.  The court shall also complete 
 27.3   and forward to the commissioner of health the certificate of 
 27.4   adoption, unless another form has been specified by the 
 27.5   commissioner of health. 
 27.6      Sec. 16.  Minnesota Statutes 1996, section 260.011, 
 27.7   subdivision 2, is amended to read: 
 27.8      Subd. 2.  (a) The paramount consideration in all 
 27.9   proceedings concerning a child alleged or found to be in need of 
 27.10  protection or services is the health, safety, and best interests 
 27.11  of the child.  In proceedings involving an American Indian 
 27.12  child, as defined in section 257.351, subdivision 6, the best 
 27.13  interests of the child must be determined consistent with 
 27.14  sections 257.35 to 257.3579 and the Indian Child Welfare Act, 
 27.15  United States Code, title 25, sections 1901 to 1923.  The 
 27.16  purpose of the laws relating to juvenile courts is to secure for 
 27.17  each child alleged or adjudicated in need of protection or 
 27.18  services and under the jurisdiction of the court, the care and 
 27.19  guidance, preferably in the child's own home, as will best serve 
 27.20  the spiritual, emotional, mental, and physical welfare of the 
 27.21  child; to provide judicial procedures which protect the welfare 
 27.22  of the child; to preserve and strengthen the child's family ties 
 27.23  whenever possible and in the child's best interests, removing 
 27.24  the child from the custody of parents only when the child's 
 27.25  welfare or safety cannot be adequately safeguarded without 
 27.26  removal; and, when removal from the child's own family is 
 27.27  necessary and in the child's best interests, to secure for the 
 27.28  child custody, care and discipline as nearly as possible 
 27.29  equivalent to that which should have been given by the parents.  
 27.30     (b) The purpose of the laws relating to termination of 
 27.31  parental rights is to ensure that: 
 27.32     (1) reasonable efforts have been made by the social service 
 27.33  agency to reunite the child with the child's parents in a 
 27.34  placement that is safe and permanent; and 
 27.35     (2) if placement with the parents is not reasonably 
 27.36  foreseeable, to secure for the child a safe and permanent 
 28.1   placement, preferably with adoptive parents. 
 28.2      Nothing in this section requires reasonable efforts to be 
 28.3   made in circumstances where the court has determined that the 
 28.4   child has been subjected to egregious harm or the parental 
 28.5   rights of the parent to a sibling have been involuntarily 
 28.6   terminated. 
 28.7      The paramount consideration in all proceedings for the 
 28.8   termination of parental rights is the best interests of the 
 28.9   child.  In proceedings involving an American Indian child, as 
 28.10  defined in section 257.351, subdivision 6, the best interests of 
 28.11  the child must be determined consistent with the Indian Child 
 28.12  Welfare Act of 1978, United States Code, title 25, section 1901, 
 28.13  et seq.  
 28.14     (c) The purpose of the laws relating to children alleged or 
 28.15  adjudicated to be delinquent is to promote the public safety and 
 28.16  reduce juvenile delinquency by maintaining the integrity of the 
 28.17  substantive law prohibiting certain behavior and by developing 
 28.18  individual responsibility for lawful behavior.  This purpose 
 28.19  should be pursued through means that are fair and just, that 
 28.20  recognize the unique characteristics and needs of children, and 
 28.21  that give children access to opportunities for personal and 
 28.22  social growth.  
 28.23     (d) The laws relating to juvenile courts shall be liberally 
 28.24  construed to carry out these purposes.  
 28.25     Sec. 17.  Minnesota Statutes 1997 Supplement, section 
 28.26  260.012, is amended to read: 
 28.27     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 28.28  REUNIFICATION; REASONABLE EFFORTS.] 
 28.29     (a) If a child in need of protection or services is under 
 28.30  the court's jurisdiction, the court shall ensure that reasonable 
 28.31  efforts including culturally appropriate services by the social 
 28.32  service agency are made to prevent placement or to eliminate the 
 28.33  need for removal and to reunite the child with the child's 
 28.34  family at the earliest possible time, consistent with the best 
 28.35  interests, safety, and protection of the child.  The court may, 
 28.36  upon motion and hearing, order the cessation of reasonable 
 29.1   efforts if the court finds that provision of services or further 
 29.2   services for the purpose of rehabilitation and reunification is 
 29.3   futile and therefore unreasonable under the circumstances.  In 
 29.4   determining reasonable efforts to be made with respect to a 
 29.5   child and in making such reasonable efforts, the child's health 
 29.6   and safety must be of paramount concern.  Reasonable efforts are 
 29.7   not required if the court determines that the parent has 
 29.8   subjected the child to egregious harm as defined in section 
 29.9   260.015, subdivision 29, or the parental rights of the parent to 
 29.10  a sibling have been terminated involuntarily.  If reasonable 
 29.11  efforts are not made under this section, a permanency hearing 
 29.12  must be held or a termination of parental rights petition filed 
 29.13  within 30 days of the determination.  In the case of an Indian 
 29.14  child, in proceedings under sections 260.172, 260.191, and 
 29.15  260.221 the juvenile court must make findings and conclusions 
 29.16  consistent with the Indian Child Welfare Act of 1978, United 
 29.17  States Code, title 25, section 1901 et seq., as to the provision 
 29.18  of active efforts.  If a child is under the court's delinquency 
 29.19  jurisdiction, it shall be the duty of the court to ensure that 
 29.20  reasonable efforts are made to reunite the child with the 
 29.21  child's family at the earliest possible time, consistent with 
 29.22  the best interests of the child and the safety of the public. 
 29.23     (b) "Reasonable efforts" means the exercise of due 
 29.24  diligence by the responsible social service agency to use 
 29.25  appropriate and available services to meet the needs of the 
 29.26  child and the child's family in order to prevent removal of the 
 29.27  child from the child's family; or upon removal, services to 
 29.28  eliminate the need for removal and reunite the family.  Services 
 29.29  may include those listed under section 256F.07, subdivision 3, 
 29.30  and other appropriate services available in the community.  The 
 29.31  social service agency has the burden of demonstrating that it 
 29.32  has made reasonable efforts or that provision of services or 
 29.33  further services for the purpose of rehabilitation and 
 29.34  reunification is futile and therefore unreasonable under the 
 29.35  circumstances.  Reunification of a surviving child with a parent 
 29.36  is not required if the parent has been convicted of: 
 30.1      (1) a violation of, or an attempt or conspiracy to commit a 
 30.2   violation of, sections 609.185 to 609.20; 609.222, subdivision 
 30.3   2; or 609.223 in regard to another child of the parent; 
 30.4      (2) a violation of section 609.222, subdivision 2; or 
 30.5   609.223, in regard to the surviving child; or 
 30.6      (3) a violation of, or an attempt or conspiracy to commit a 
 30.7   violation of, United States Code, title 18, section 1111(a) or 
 30.8   1112(a), in regard to another child of the parent. 
 30.9      (c) The juvenile court, in proceedings under sections 
 30.10  260.172, 260.191, and 260.221 shall make findings and 
 30.11  conclusions as to the provision of reasonable efforts.  When 
 30.12  determining whether reasonable efforts have been made, the court 
 30.13  shall consider whether services to the child and family were: 
 30.14     (1) relevant to the safety and protection of the child; 
 30.15     (2) adequate to meet the needs of the child and family; 
 30.16     (3) culturally appropriate; 
 30.17     (4) available and accessible; 
 30.18     (5) consistent and timely; and 
 30.19     (6) realistic under the circumstances. 
 30.20     In the alternative, the court may determine that provision 
 30.21  of services or further services for the purpose of 
 30.22  rehabilitation is futile and therefore unreasonable under the 
 30.23  circumstances or that reasonable efforts are not required as 
 30.24  provided in paragraph (a). 
 30.25     (d) This section does not prevent out-of-home placement for 
 30.26  treatment of a child with a mental disability when the child's 
 30.27  diagnostic assessment or individual treatment plan indicates 
 30.28  that appropriate and necessary treatment cannot be effectively 
 30.29  provided outside of a residential or inpatient treatment program.
 30.30     (e) If continuation of reasonable efforts described in 
 30.31  paragraph (b) is determined to be inconsistent with the 
 30.32  permanency plan for the child, reasonable efforts must be made 
 30.33  to place the child in a timely manner in accordance with the 
 30.34  permanency plan and to complete whatever steps are necessary to 
 30.35  finalize the permanency plan for the child.  
 30.36     (f) Reasonable efforts to place a child for adoption or 
 31.1   with a legal guardian may be made concurrently with reasonable 
 31.2   efforts as described in paragraphs (a) and (b). 
 31.3      Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 31.4   260.015, subdivision 29, is amended to read: 
 31.5      Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 31.6   infliction of bodily harm to a child or neglect of a child which 
 31.7   demonstrates a grossly inadequate ability to provide minimally 
 31.8   adequate parental care.  The egregious harm need not have 
 31.9   occurred in the state or in the county where a termination of 
 31.10  parental rights action is otherwise properly venued.  Egregious 
 31.11  harm includes, but is not limited to: 
 31.12     (1) conduct towards a child that constitutes a violation of 
 31.13  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 31.14  any other similar law of any other state; 
 31.15     (2) the infliction of "substantial bodily harm" to a child, 
 31.16  as defined in section 609.02, subdivision 8; 
 31.17     (3) conduct towards a child that constitutes felony 
 31.18  malicious punishment of a child under section 609.377; 
 31.19     (4) conduct towards a child that constitutes felony 
 31.20  unreasonable restraint of a child under section 609.255, 
 31.21  subdivision 3; 
 31.22     (5) conduct towards a child that constitutes felony neglect 
 31.23  or endangerment of a child under section 609.378; 
 31.24     (6) conduct towards a child that constitutes assault under 
 31.25  section 609.221, 609.222, or 609.223; 
 31.26     (7) conduct towards a child that constitutes solicitation, 
 31.27  inducement, or promotion of prostitution under section 609.322; 
 31.28     (8) conduct towards a child that constitutes receiving 
 31.29  profit derived from prostitution under section 609.323; or 
 31.30     (9) conduct toward a child that constitutes a violation of 
 31.31  murder or voluntary manslaughter as defined by United States 
 31.32  Code, title 18, section 1111(a) or 1112(a); or 
 31.33     (10) conduct toward a child that constitutes aiding or 
 31.34  abetting, attempting, conspiring, or soliciting to commit a 
 31.35  murder or voluntary manslaughter that constitutes a violation of 
 31.36  United States Code, title 18, section 1111(a) or 1112(a). 
 32.1      Sec. 19.  Minnesota Statutes 1996, section 260.141, is 
 32.2   amended by adding a subdivision to read: 
 32.3      Subd. 4.  [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 
 32.4   AND RELATIVES.] The foster parents, if any, of a child and any 
 32.5   preadoptive parent or relative providing care for the child must 
 32.6   be provided notice of and an opportunity to be heard in any 
 32.7   review or hearing to be held with respect to the child.  Any 
 32.8   other relative may also request, and shall be granted, a notice 
 32.9   and the opportunity to be heard under this section.  This 
 32.10  section must not be construed to require that any foster parent, 
 32.11  preadoptive parent, or relative providing care for the child be 
 32.12  made a party to such a review or hearing solely on the basis of 
 32.13  such notice and opportunity to be heard.  
 32.14     Sec. 20.  Minnesota Statutes 1996, section 260.172, 
 32.15  subdivision 1, is amended to read: 
 32.16     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 32.17  a child was taken into custody under section 260.165, 
 32.18  subdivision 1, clause (a) or (c)(2), the court shall hold a 
 32.19  hearing within 72 hours of the time the child was taken into 
 32.20  custody, excluding Saturdays, Sundays, and holidays, to 
 32.21  determine whether the child should continue in custody.  
 32.22     (b) In all other cases, the court shall hold a detention 
 32.23  hearing: 
 32.24     (1) within 36 hours of the time the child was taken into 
 32.25  custody, excluding Saturdays, Sundays, and holidays, if the 
 32.26  child is being held at a juvenile secure detention facility or 
 32.27  shelter care facility; or 
 32.28     (2) within 24 hours of the time the child was taken into 
 32.29  custody, excluding Saturdays, Sundays, and holidays, if the 
 32.30  child is being held at an adult jail or municipal lockup.  
 32.31     (c) Unless there is reason to believe that the child would 
 32.32  endanger self or others, not return for a court hearing, run 
 32.33  away from the child's parent, guardian, or custodian or 
 32.34  otherwise not remain in the care or control of the person to 
 32.35  whose lawful custody the child is released, or that the child's 
 32.36  health or welfare would be immediately endangered, the child 
 33.1   shall be released to the custody of a parent, guardian, 
 33.2   custodian, or other suitable person, subject to reasonable 
 33.3   conditions of release including, but not limited to, a 
 33.4   requirement that the child undergo a chemical use assessment as 
 33.5   provided in section 260.151, subdivision 1.  In determining 
 33.6   whether the child's health or welfare would be immediately 
 33.7   endangered, the court shall consider whether the child would 
 33.8   reside with a perpetrator of domestic child abuse. In a 
 33.9   proceeding regarding a child in need of protection or services, 
 33.10  the court, before determining whether a child should continue in 
 33.11  custody, shall also make a determination, consistent with 
 33.12  section 260.012 as to whether reasonable efforts, or in the case 
 33.13  of an Indian child, active efforts, according to the Indian 
 33.14  Child Welfare Act of 1978, United States Code, title 25, section 
 33.15  1912(d), were made to prevent placement or to reunite the child 
 33.16  with the child's family, or that reasonable efforts were not 
 33.17  possible.  The court shall also determine whether there are 
 33.18  available services that would prevent the need for further 
 33.19  detention. 
 33.20     If the court finds the social services agency's preventive 
 33.21  or reunification efforts have not been reasonable but further 
 33.22  preventive or reunification efforts could not permit the child 
 33.23  to safely remain at home, the court may nevertheless authorize 
 33.24  or continue the removal of the child. 
 33.25     The court may determine at the detention hearing, or at any 
 33.26  time prior to an adjudicatory hearing, that the reasonable 
 33.27  efforts are not required because the facts, if proved, will 
 33.28  demonstrate that the parent has subjected the child to egregious 
 33.29  harm as defined in section 260.015, subdivision 29, or the 
 33.30  parental rights of the parent to a sibling of the child have 
 33.31  been terminated involuntarily.  
 33.32     Sec. 21.  Minnesota Statutes 1997 Supplement, section 
 33.33  260.191, subdivision 1a, is amended to read: 
 33.34     Subd. 1a.  [WRITTEN FINDINGS.] Any order for a disposition 
 33.35  authorized under this section shall contain written findings of 
 33.36  fact to support the disposition ordered, and shall also set 
 34.1   forth in writing the following information: 
 34.2      (a) Why the best interests of the child are served by the 
 34.3   disposition ordered; 
 34.4      (b) What alternative dispositions were considered by the 
 34.5   court and why such dispositions were not appropriate in the 
 34.6   instant case; 
 34.7      (c) How the court's disposition complies with the 
 34.8   requirements of section 260.181, subdivision 3; and 
 34.9      (d) Whether reasonable efforts consistent with section 
 34.10  260.012 were made to prevent or eliminate the necessity of the 
 34.11  child's removal and to reunify the family after removal.  The 
 34.12  court's findings must include a brief description of what 
 34.13  preventive and reunification efforts were made and why further 
 34.14  efforts could not have prevented or eliminated the necessity of 
 34.15  removal or that reasonable efforts were not required under 
 34.16  section 260.012 or 260.172, subdivision 1. 
 34.17     If the court finds that the social services agency's 
 34.18  preventive or reunification efforts have not been reasonable but 
 34.19  that further preventive or reunification efforts could not 
 34.20  permit the child to safely remain at home, the court may 
 34.21  nevertheless authorize or continue the removal of the child. 
 34.22     Sec. 22.  Minnesota Statutes 1996, section 260.191, 
 34.23  subdivision 1e, is amended to read: 
 34.24     Subd. 1e.  [CASE PLAN.] For each disposition ordered, the 
 34.25  court shall order the appropriate agency to prepare a written 
 34.26  case plan developed after consultation with any foster parents, 
 34.27  and consultation with and participation by the child and the 
 34.28  child's parent, guardian, or custodian, guardian ad litem, and 
 34.29  tribal representative if the tribe has intervened.  The case 
 34.30  plan shall comply with the requirements of section 257.071, 
 34.31  where applicable.  The case plan shall, among other matters, 
 34.32  specify the actions to be taken by the child and the child's 
 34.33  parent, guardian, foster parent, or custodian to ensure the 
 34.34  child's safety and to comply with the court's disposition order, 
 34.35  and the services to be offered and provided by the agency to the 
 34.36  child and the child's parent, guardian, or custodian.  The court 
 35.1   shall review the case plan and, upon approving it, incorporate 
 35.2   the plan into its disposition order.  The court may review and 
 35.3   modify the terms of the case plan in the manner provided in 
 35.4   subdivision 2.  For each disposition ordered, the written case 
 35.5   plan shall specify what reasonable efforts shall be provided to 
 35.6   the family.  The case plan must include a discussion of: 
 35.7      (1) the availability of appropriate prevention and 
 35.8   reunification services for the family to safely prevent the 
 35.9   removal of the child from the home or to safely reunify the 
 35.10  child with the family after removal; 
 35.11     (2) any services or resources that were requested by the 
 35.12  child or the child's parent, guardian, foster parent, or 
 35.13  custodian since the date of initial adjudication, and whether 
 35.14  those services or resources were provided or the basis for 
 35.15  denial of the services or resources; 
 35.16     (3) the need of the child and family for care, treatment, 
 35.17  or rehabilitation; 
 35.18     (4) the need for participation by the parent, guardian, or 
 35.19  custodian in the plan of care for the child; 
 35.20     (5) the visitation rights and obligations of the parent or 
 35.21  other relatives, as defined in section 260.181, subdivision 3, 
 35.22  during any period when the child is placed outside the home; and 
 35.23     (6) a description of any services that could safely prevent 
 35.24  placement or reunify the family if such services were available. 
 35.25     A party has a right to request a court review of the 
 35.26  reasonableness of the case plan upon a showing of a substantial 
 35.27  change of circumstances. 
 35.28     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 35.29  260.191, subdivision 3b, is amended to read: 
 35.30     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 35.31  PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 
 35.32  to determine the permanent status of a child not later than 12 
 35.33  months after the child is placed out of the home of the parent. 
 35.34     For purposes of this subdivision, the date of the child's 
 35.35  placement out of the home of the parent is the earlier of the 
 35.36  first court-ordered placement or the first court-approved 
 36.1   placement under section 257.071, subdivision 3, of a child who 
 36.2   had been in voluntary placement 60 days after the date on which 
 36.3   the child has been voluntarily placed out of the home. 
 36.4      For purposes of this subdivision, 12 months is calculated 
 36.5   as follows: 
 36.6      (1) during the pendency of a petition alleging that a child 
 36.7   is in need of protection or services, all time periods when a 
 36.8   child is placed out of the home of the parent are cumulated; 
 36.9      (2) if a child has been placed out of the home of the 
 36.10  parent within the previous five years in connection with one or 
 36.11  more prior petitions for a child in need of protection or 
 36.12  services, the lengths of all prior time periods when the child 
 36.13  was placed out of the home within the previous five years and 
 36.14  under the current petition, are cumulated.  If a child under 
 36.15  this clause has been out of the home for 12 months or more, the 
 36.16  court, if it is in the best interests of the child, may extend 
 36.17  the total time the child may continue out of the home under the 
 36.18  current petition up to an additional six months before making a 
 36.19  permanency determination.  
 36.20     (b) Not later than ten days prior to this hearing, the 
 36.21  responsible social service agency shall file pleadings to 
 36.22  establish the basis for the permanent placement determination.  
 36.23  Notice of the hearing and copies of the pleadings must be 
 36.24  provided pursuant to section 260.141.  If a termination of 
 36.25  parental rights petition is filed before the date required for 
 36.26  the permanency planning determination, no hearing need be 
 36.27  conducted under this subdivision.  The court shall determine 
 36.28  whether the child is to be returned home or, if not, what 
 36.29  permanent placement is consistent with the child's best 
 36.30  interests.  The "best interests of the child" means all relevant 
 36.31  factors to be considered and evaluated. 
 36.32     (c) If the child is not returned to the home, the 
 36.33  dispositions available for permanent placement determination are:
 36.34     (1) permanent legal and physical custody to a relative in 
 36.35  the best interests of the child.  In transferring permanent 
 36.36  legal and physical custody to a relative, the juvenile court 
 37.1   shall follow the standards and procedures applicable under 
 37.2   chapter 257 or 518.  An order establishing permanent legal or 
 37.3   physical custody under this subdivision must be filed with the 
 37.4   family court.  A transfer of legal and physical custody includes 
 37.5   responsibility for the protection, education, care, and control 
 37.6   of the child and decision making on behalf of the child.  The 
 37.7   social service agency may petition on behalf of the proposed 
 37.8   custodian; 
 37.9      (2) termination of parental rights and adoption; the social 
 37.10  service agency shall file a petition for termination of parental 
 37.11  rights under section 260.231 and all the requirements of 
 37.12  sections 260.221 to 260.245 remain applicable.  An adoption 
 37.13  completed subsequent to a determination under this subdivision 
 37.14  may include an agreement for communication or contact under 
 37.15  section 259.58; or 
 37.16     (3) long-term foster care; transfer of legal custody and 
 37.17  adoption are preferred permanency options for a child who cannot 
 37.18  return home.  The court may order a child into long-term foster 
 37.19  care only if it finds that neither an award of legal and 
 37.20  physical custody to a relative, nor termination of parental 
 37.21  rights nor adoption is in the child's best interests.  Further, 
 37.22  the court may only order long-term foster care for the child 
 37.23  under this section if it finds the following: 
 37.24     (i) the child has reached age 12 and reasonable efforts by 
 37.25  the responsible social service agency have failed to locate an 
 37.26  adoptive family for the child; or 
 37.27     (ii) the child is a sibling of a child described in clause 
 37.28  (i) and the siblings have a significant positive relationship 
 37.29  and are ordered into the same long-term foster care home; or 
 37.30     (4) foster care for a specified period of time may be 
 37.31  ordered only if: 
 37.32     (i) the sole basis for an adjudication that a child is in 
 37.33  need of protection or services is that the child is a runaway, 
 37.34  is an habitual truant, or committed a delinquent act before age 
 37.35  ten; and 
 37.36     (ii) the court finds that foster care for a specified 
 38.1   period of time is in the best interests of the child. 
 38.2      (d) In ordering a permanent placement of a child, the court 
 38.3   must be governed by the best interests of the child, including a 
 38.4   review of the relationship between the child and relatives and 
 38.5   the child and other important persons with whom the child has 
 38.6   resided or had significant contact. 
 38.7      (e) Once a permanent placement determination has been made 
 38.8   and permanent placement has been established, further court 
 38.9   reviews and dispositional hearings are only necessary if the 
 38.10  placement is made under paragraph (c), clause (4), review is 
 38.11  otherwise required by federal law, an adoption has not yet been 
 38.12  finalized, or there is a disruption of the permanent or 
 38.13  long-term placement.  
 38.14     (f) An order under this subdivision must include the 
 38.15  following detailed findings: 
 38.16     (1) how the child's best interests are served by the order; 
 38.17     (2) the nature and extent of the responsible social service 
 38.18  agency's reasonable efforts, or, in the case of an Indian child, 
 38.19  active efforts, to reunify the child with the parent or parents; 
 38.20     (3) the parent's or parents' efforts and ability to use 
 38.21  services to correct the conditions which led to the out-of-home 
 38.22  placement; 
 38.23     (4) whether the conditions which led to the out-of-home 
 38.24  placement have been corrected so that the child can return home; 
 38.25  and 
 38.26     (5) if the child cannot be returned home, whether there is 
 38.27  a substantial probability of the child being able to return home 
 38.28  in the next six months.  
 38.29     (g) An order for permanent legal and physical custody of a 
 38.30  child may be modified under sections 518.18 and 518.185.  The 
 38.31  social service agency is a party to the proceeding and must 
 38.32  receive notice.  An order for long-term foster care is 
 38.33  reviewable upon motion and a showing by the parent of a 
 38.34  substantial change in the parent's circumstances such that the 
 38.35  parent could provide appropriate care for the child and that 
 38.36  removal of the child from the child's permanent placement and 
 39.1   the return to the parent's care would be in the best interest of 
 39.2   the child. 
 39.3      Sec. 24.  Minnesota Statutes 1996, section 260.221, as 
 39.4   amended by Laws 1997, chapters 218, sections 10 and 11, and 239, 
 39.5   article 6, section 30, is amended to read: 
 39.6      260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.] 
 39.7      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 39.8   court may upon petition, terminate all rights of a parent to a 
 39.9   child: 
 39.10     (a) with the written consent of a parent who for good cause 
 39.11  desires to terminate parental rights; or 
 39.12     (b) if it finds that one or more of the following 
 39.13  conditions exist: 
 39.14     (1) that the parent has abandoned the child; or 
 39.15     (2) that the parent has substantially, continuously, or 
 39.16  repeatedly refused or neglected to comply with the duties 
 39.17  imposed upon that parent by the parent and child relationship, 
 39.18  including but not limited to providing the child with necessary 
 39.19  food, clothing, shelter, education, and other care and control 
 39.20  necessary for the child's physical, mental, or emotional health 
 39.21  and development, if the parent is physically and financially 
 39.22  able, and reasonable efforts by the social service agency have 
 39.23  failed to correct the conditions that formed the basis of the 
 39.24  petition; or 
 39.25     (3) that a parent has been ordered to contribute to the 
 39.26  support of the child or financially aid in the child's birth and 
 39.27  has continuously failed to do so without good cause.  This 
 39.28  clause shall not be construed to state a grounds for termination 
 39.29  of parental rights of a noncustodial parent if that parent has 
 39.30  not been ordered to or cannot financially contribute to the 
 39.31  support of the child or aid in the child's birth; or 
 39.32     (4) that a parent is palpably unfit to be a party to the 
 39.33  parent and child relationship because of a consistent pattern of 
 39.34  specific conduct before the child or of specific conditions 
 39.35  directly relating to the parent and child relationship either of 
 39.36  which are determined by the court to be of a duration or nature 
 40.1   that renders the parent unable, for the reasonably foreseeable 
 40.2   future, to care appropriately for the ongoing physical, mental, 
 40.3   or emotional needs of the child.  It is presumed that a parent 
 40.4   is palpably unfit to be a party to the parent and child 
 40.5   relationship upon a showing that: 
 40.6      (i) the child was adjudicated in need of protection or 
 40.7   services due to circumstances described in section 260.015, 
 40.8   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 40.9      (ii) the parent's parental rights to one or more other 
 40.10  children were involuntarily terminated under clause (1), (2), 
 40.11  (4), or (7), or under clause (5) if the child was initially 
 40.12  determined to be in need of protection or services due to 
 40.13  circumstances described in section 260.015, subdivision 2a, 
 40.14  clause (1), (2), (3), (5), or (8); or 
 40.15     (5) that following upon a determination of neglect or 
 40.16  dependency, or of a child's need for protection or services, 
 40.17  reasonable efforts, under the direction of the court, have 
 40.18  failed to correct the conditions leading to the determination.  
 40.19  It is presumed that reasonable efforts under this clause have 
 40.20  failed upon a showing that: 
 40.21     (i) a child has resided out of the parental home under 
 40.22  court order for a cumulative period of more than one year within 
 40.23  a five-year period following an adjudication of dependency, 
 40.24  neglect, need for protection or services under section 260.015, 
 40.25  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
 40.26  neglected and in foster care, and an order for disposition under 
 40.27  section 260.191, including adoption of the case plan required by 
 40.28  section 257.071; 
 40.29     (ii) conditions leading to the determination will not be 
 40.30  corrected within the reasonably foreseeable future.  It is 
 40.31  presumed that conditions leading to a child's out-of-home 
 40.32  placement will not be corrected in the reasonably foreseeable 
 40.33  future upon a showing that the parent or parents have not 
 40.34  substantially complied with the court's orders and a reasonable 
 40.35  case plan, and the conditions which led to the out-of-home 
 40.36  placement have not been corrected; and 
 41.1      (iii) reasonable efforts have been made by the social 
 41.2   service agency to rehabilitate the parent and reunite the family.
 41.3      This clause does not prohibit the termination of parental 
 41.4   rights prior to one year after a child has been placed out of 
 41.5   the home.  
 41.6      It is also presumed that reasonable efforts have failed 
 41.7   under this clause upon a showing that: 
 41.8      (i) the parent has been diagnosed as chemically dependent 
 41.9   by a professional certified to make the diagnosis; 
 41.10     (ii) the parent has been required by a case plan to 
 41.11  participate in a chemical dependency treatment program; 
 41.12     (iii) the treatment programs offered to the parent were 
 41.13  culturally, linguistically, and clinically appropriate; 
 41.14     (iv) the parent has either failed two or more times to 
 41.15  successfully complete a treatment program or has refused at two 
 41.16  or more separate meetings with a caseworker to participate in a 
 41.17  treatment program; and 
 41.18     (v) the parent continues to abuse chemicals.  
 41.19  Provided, that this presumption applies only to parents required 
 41.20  by a case plan to participate in a chemical dependency treatment 
 41.21  program on or after July 1, 1990; or 
 41.22     (6) that a child has experienced egregious harm in the 
 41.23  parent's care which is of a nature, duration, or chronicity that 
 41.24  indicates a lack of regard for the child's well-being, such that 
 41.25  a reasonable person would believe it contrary to the best 
 41.26  interest of the child or of any child to be in the parent's 
 41.27  care; or 
 41.28     (7) that in the case of a child born to a mother who was 
 41.29  not married to the child's father when the child was conceived 
 41.30  nor when the child was born the person is not entitled to notice 
 41.31  of an adoption hearing under section 259.49 and the person has 
 41.32  not registered with the putative fathers' adoption registry 
 41.33  under section 259.52; or 
 41.34     (8) that the child is neglected and in foster care; or 
 41.35     (9) that the parent has been convicted of a crime listed in 
 41.36  section 260.012, paragraph (b), clauses (1) to (3). 
 42.1      In an action involving an American Indian child, sections 
 42.2   257.35 to 257.3579 and the Indian Child Welfare Act, United 
 42.3   States Code, title 25, sections 1901 to 1923, control to the 
 42.4   extent that the provisions of this section are inconsistent with 
 42.5   those laws. 
 42.6      Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
 42.7   subdivision 1, paragraph (b), clause (1): 
 42.8      (a) Abandonment is presumed when: 
 42.9      (1) the parent has had no contact with the child on a 
 42.10  regular basis and not demonstrated consistent interest in the 
 42.11  child's well-being for six months; and 
 42.12     (2) the social service agency has made reasonable efforts 
 42.13  to facilitate contact, unless the parent establishes that an 
 42.14  extreme financial or physical hardship or treatment for mental 
 42.15  disability or chemical dependency or other good cause prevented 
 42.16  the parent from making contact with the child.  This presumption 
 42.17  does not apply to children whose custody has been determined 
 42.18  under chapter 257 or 518.  The court is not prohibited from 
 42.19  finding abandonment in the absence of this presumption; or 
 42.20     (2) the child is an infant under one year of age and has 
 42.21  been deserted by the parent with the intent not to return to 
 42.22  care for the child. 
 42.23     (b) The following are prima facie evidence of abandonment 
 42.24  where adoption proceedings are pending and there has been a 
 42.25  showing that the person was not entitled to notice of an 
 42.26  adoption proceeding under section 259.49: 
 42.27     (1) failure to register with the putative fathers' adoption 
 42.28  registry under section 259.52; or 
 42.29     (2) if the person registered with the putative fathers' 
 42.30  adoption registry under section 259.52: 
 42.31     (i) filing a denial of paternity within 30 days of receipt 
 42.32  of notice under section 259.52, subdivision 8; 
 42.33     (ii) failing to timely file an intent to claim parental 
 42.34  rights with entry of appearance form within 30 days of receipt 
 42.35  of notice under section 259.52, subdivision 10; or 
 42.36     (iii) timely filing an intent to claim parental rights with 
 43.1   entry of appearance form within 30 days of receipt of notice 
 43.2   under section 259.52, subdivision 10, but failing to initiate a 
 43.3   paternity action within 30 days of receiving the putative 
 43.4   fathers' adoption registry notice where there has been no 
 43.5   showing of good cause for the delay. 
 43.6      Subd. 1b.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] The 
 43.7   county attorney shall file a termination of parental rights 
 43.8   petition within 30 days of a child's placement in out-of-home 
 43.9   care if the child has been subjected to egregious harm as 
 43.10  defined in section 260.015, subdivision 29, is the sibling of 
 43.11  another child of the parent who was subjected to egregious harm, 
 43.12  or is an abandoned infant.  The local social services agency 
 43.13  shall concurrently identify, recruit, process, and approve an 
 43.14  adoptive family for the child.  If such a petition has been 
 43.15  filed by another party the local social services agency shall 
 43.16  seek to be joined as a party to the petition. 
 43.17     This requirement does not apply if it is determined that a 
 43.18  transfer of permanent legal and physical custody to a relative 
 43.19  is in the best interest of the child or there is a compelling 
 43.20  reason documented by the local social services agency and 
 43.21  available for court review for determining that filing such a 
 43.22  petition would not be in the best interest of the child. 
 43.23     Subd. 1c.  [CURRENT FOSTER CARE CHILDREN.] The county 
 43.24  attorney shall file a termination of parental rights petition or 
 43.25  other permanent proceeding under section 260.191, subdivision 
 43.26  3b, for all children determined to be in need of protection or 
 43.27  services who are placed in out-of-home care for reasons other 
 43.28  than care or treatment of the child's disability, and who are in 
 43.29  out-of-home placement on the day following final enactment of 
 43.30  this section, and have been in out-of-home care for 15 of the 
 43.31  most recent 22 months.  
 43.32     Subd. 2.  [ADOPTIVE PARENT.] For purposes of subdivision 1, 
 43.33  clause (a), an adoptive parent may not terminate parental rights 
 43.34  to an adopted child for a reason that would not apply to a birth 
 43.35  parent seeking termination of parental rights to a child under 
 43.36  subdivision 1, clause (a). 
 44.1      Subd. 3.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
 44.2   subdivision 1, clause (b), no prior judicial finding of 
 44.3   dependency, neglect, need for protection or services, or 
 44.4   neglected and in foster care is required, except as provided in 
 44.5   subdivision 1, clause (b), item (5). 
 44.6      Subd. 4.  [BEST INTERESTS OF CHILD PARAMOUNT.] In any 
 44.7   proceeding under this section, the best interests of the child 
 44.8   must be the paramount consideration, provided that the 
 44.9   conditions in subdivision 1, clause (a), or at least one 
 44.10  condition in subdivision 1, clause (b), are found by the court.  
 44.11  In proceedings involving an American Indian child, as defined in 
 44.12  section 257.351, subdivision 6, the best interests of the child 
 44.13  must be determined consistent with the Indian Child Welfare Act 
 44.14  of 1978, United States Code, title 25, section 1901, et seq.  
 44.15  Where the interests of parent and child conflict, the interests 
 44.16  of the child are paramount.  
 44.17     Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 44.18  proceeding under this section, the court shall make specific 
 44.19  findings: 
 44.20     (1) regarding the nature and extent of efforts made by the 
 44.21  social service agency to rehabilitate the parent and reunite the 
 44.22  family; 
 44.23     (2) that provision of services or further services for the 
 44.24  purpose of rehabilitation and reunification is futile and 
 44.25  therefore unreasonable under the circumstances; or 
 44.26     (3) that reasonable efforts at reunification is are not 
 44.27  required because the parent has been convicted of a crime listed 
 44.28  in section 260.012, paragraph (b), clauses (1) to (3) as 
 44.29  provided under section 260.012. 
 44.30     Sec. 25.  Minnesota Statutes 1997 Supplement, section 
 44.31  260.241, subdivision 3, is amended to read: 
 44.32     Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
 44.33  certified copy of the findings and the order terminating 
 44.34  parental rights, and a summary of the court's information 
 44.35  concerning the child shall be furnished by the court to the 
 44.36  commissioner or the agency to which guardianship is 
 45.1   transferred.  The orders shall be on a document separate from 
 45.2   the findings.  The court shall furnish the individual to whom 
 45.3   guardianship is transferred a copy of the order terminating 
 45.4   parental rights. 
 45.5      (b) The court shall retain jurisdiction in a case where 
 45.6   adoption is the intended permanent placement disposition.  The 
 45.7   guardian ad litem and counsel for the child shall continue on 
 45.8   the case until an adoption decree is entered.  A hearing must be 
 45.9   held every 90 days following termination of parental rights for 
 45.10  the court to review progress toward an adoptive placement and 
 45.11  the specific recruitment efforts the agency has taken to find an 
 45.12  adoptive family or other placement living arrangement for the 
 45.13  child and to finalize the adoption or other permanency plan. 
 45.14     (c) The court shall retain jurisdiction in a case where 
 45.15  long-term foster care is the permanent disposition.  The 
 45.16  guardian ad litem and counsel for the child must be dismissed 
 45.17  from the case on the effective date of the permanent placement 
 45.18  order.  However, the foster parent and the child, if of 
 45.19  sufficient age, must be informed how they may contact a guardian 
 45.20  ad litem if the matter is subsequently returned to court. 
 45.21     Sec. 26.  Minnesota Statutes 1997 Supplement, section 
 45.22  626.556, subdivision 2, is amended to read: 
 45.23     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 45.24  following terms have the meanings given them unless the specific 
 45.25  content indicates otherwise: 
 45.26     (a) "Sexual abuse" means the subjection of a child by a 
 45.27  person responsible for the child's care, by a person who has a 
 45.28  significant relationship to the child, as defined in section 
 45.29  609.341, or by a person in a position of authority, as defined 
 45.30  in section 609.341, subdivision 10, to any act which constitutes 
 45.31  a violation of section 609.342, 609.343, 609.344, or 609.345.  
 45.32  Sexual abuse also includes any act which involves a minor which 
 45.33  constitutes a violation of sections 609.321 to 609.324 or 
 45.34  617.246.  Sexual abuse includes threatened sexual abuse.  
 45.35     (b) "Person responsible for the child's care" means (1) an 
 45.36  individual functioning within the family unit and having 
 46.1   responsibilities for the care of the child such as a parent, 
 46.2   guardian, or other person having similar care responsibilities, 
 46.3   or (2) an individual functioning outside the family unit and 
 46.4   having responsibilities for the care of the child such as a 
 46.5   teacher, school administrator, or other lawful custodian of a 
 46.6   child having either full-time or short-term care 
 46.7   responsibilities including, but not limited to, day care, 
 46.8   babysitting whether paid or unpaid, counseling, teaching, and 
 46.9   coaching.  
 46.10     (c) "Neglect" means failure by a person responsible for a 
 46.11  child's care to supply a child with necessary food, clothing, 
 46.12  shelter or medical care when reasonably able to do so, failure 
 46.13  to protect a child from conditions or actions which imminently 
 46.14  and seriously endanger the child's physical or mental health 
 46.15  when reasonably able to do so, or failure to take steps to 
 46.16  ensure that a child is educated in accordance with state law. 
 46.17  Nothing in this section shall be construed to mean that a child 
 46.18  is neglected solely because the child's parent, guardian, or 
 46.19  other person responsible for the child's care in good faith 
 46.20  selects and depends upon spiritual means or prayer for treatment 
 46.21  or care of disease or remedial care of the child in lieu of 
 46.22  medical care; except that a parent, guardian, or caretaker, or a 
 46.23  person mandated to report pursuant to subdivision 3, has a duty 
 46.24  to report if a lack of medical care may cause serious danger to 
 46.25  the child's health.  This section does not impose upon persons, 
 46.26  not otherwise legally responsible for providing a child with 
 46.27  necessary food, clothing, shelter, education, or medical care, a 
 46.28  duty to provide that care. Neglect includes prenatal exposure to 
 46.29  a controlled substance, as defined in section 253B.02, 
 46.30  subdivision 2, used by the mother for a nonmedical purpose, as 
 46.31  evidenced by withdrawal symptoms in the child at birth, results 
 46.32  of a toxicology test performed on the mother at delivery or the 
 46.33  child at birth, or medical effects or developmental delays 
 46.34  during the child's first year of life that medically indicate 
 46.35  prenatal exposure to a controlled substance.  Neglect also means 
 46.36  "medical neglect" as defined in section 260.015, subdivision 2a, 
 47.1   clause (5). 
 47.2      (d) "Physical abuse" means any physical or mental injury, 
 47.3   or threatened injury, inflicted by a person responsible for the 
 47.4   child's care on a child other than by accidental means, or any 
 47.5   physical or mental injury that cannot reasonably be explained by 
 47.6   the child's history of injuries, or any aversive and deprivation 
 47.7   procedures that have not been authorized under section 245.825.  
 47.8      (e) "Report" means any report received by the local welfare 
 47.9   agency, police department, or county sheriff pursuant to this 
 47.10  section. 
 47.11     (f) "Facility" means a day care facility, residential 
 47.12  facility, agency, hospital, sanitarium, or other facility or 
 47.13  institution required to be licensed pursuant to sections 144.50 
 47.14  to 144.58, 241.021, or 245A.01 to 245A.16.  
 47.15     (g) "Operator" means an operator or agency as defined in 
 47.16  section 245A.02.  
 47.17     (h) "Commissioner" means the commissioner of human services.
 47.18     (i) "Assessment" includes authority to interview the child, 
 47.19  the person or persons responsible for the child's care, the 
 47.20  alleged perpetrator, and any other person with knowledge of the 
 47.21  abuse or neglect for the purpose of gathering the facts, 
 47.22  assessing the risk to the child, and formulating a plan.  
 47.23     (j) "Practice of social services," for the purposes of 
 47.24  subdivision 3, includes but is not limited to employee 
 47.25  assistance counseling and the provision of guardian ad litem and 
 47.26  visitation expeditor services.  
 47.27     (k) "Mental injury" means an injury to the psychological 
 47.28  capacity or emotional stability of a child as evidenced by an 
 47.29  observable or substantial impairment in the child's ability to 
 47.30  function within a normal range of performance and behavior with 
 47.31  due regard to the child's culture.  
 47.32     (l) "Threatened injury" means a statement, overt act, 
 47.33  condition, or status that represents a substantial risk of 
 47.34  physical or sexual abuse or mental injury. 
 47.35     (m) "Domestic abuse/exposure to violence cases" means the 
 47.36  following, if committed against a family or household member by 
 48.1   a family or household member: 
 48.2      (1) physical harm, bodily injury, or assault; 
 48.3      (2) the infliction of fear of imminent physical harm, 
 48.4   bodily injury, or assault; or 
 48.5      (3) terroristic threats, within the meaning of section 
 48.6   609.713, subdivision 1, or criminal sexual conduct, within the 
 48.7   meaning of section 609.342, 609.343, 609.344, or 609.345. 
 48.8      (n) "Family or household members" means: 
 48.9      (1) spouses and former spouses; 
 48.10     (2) parents and children; 
 48.11     (3) persons related by blood; 
 48.12     (4) persons who are presently residing together or who have 
 48.13  resided together in the past; 
 48.14     (5) persons who have a child in common, regardless of 
 48.15  whether they have been married or have lived together at any 
 48.16  time; 
 48.17     (6) a man and woman if the woman is pregnant and the man is 
 48.18  alleged to be the father, regardless of whether they have been 
 48.19  married or have lived together at any time; and 
 48.20     (7) persons involved in a significant romantic or sexual 
 48.21  relationship. 
 48.22     Sec. 27.  Minnesota Statutes 1996, section 626.556, 
 48.23  subdivision 10, is amended to read: 
 48.24     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
 48.25  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
 48.26  alleges neglect, physical abuse, or sexual abuse, or domestic 
 48.27  abuse/exposure to violence by a parent, guardian, or individual 
 48.28  functioning within the family unit as a person responsible for 
 48.29  the child's care, the local welfare agency shall immediately 
 48.30  conduct an assessment and offer protective social services for 
 48.31  purposes of preventing further abuses, safeguarding and 
 48.32  enhancing the welfare of the abused or neglected minor, and 
 48.33  preserving family life whenever possible.  If the report alleges 
 48.34  a violation of a criminal statute involving sexual abuse, 
 48.35  physical abuse, or neglect or endangerment, under section 
 48.36  609.378, the local law enforcement agency and local welfare 
 49.1   agency shall coordinate the planning and execution of their 
 49.2   respective investigation and assessment efforts to avoid a 
 49.3   duplication of fact-finding efforts and multiple interviews.  
 49.4   Each agency shall prepare a separate report of the results of 
 49.5   its investigation.  In cases of alleged child maltreatment 
 49.6   resulting in death, the local agency may rely on the 
 49.7   fact-finding efforts of a law enforcement investigation to make 
 49.8   a determination of whether or not maltreatment occurred.  When 
 49.9   necessary the local welfare agency shall seek authority to 
 49.10  remove the child from the custody of a parent, guardian, or 
 49.11  adult with whom the child is living.  In performing any of these 
 49.12  duties, the local welfare agency shall maintain appropriate 
 49.13  records.  
 49.14     (b) When a local agency receives a report or otherwise has 
 49.15  information indicating that a child who is a client, as defined 
 49.16  in section 245.91, has been the subject of physical abuse, 
 49.17  sexual abuse, or neglect at an agency, facility, or program as 
 49.18  defined in section 245.91, it shall, in addition to its other 
 49.19  duties under this section, immediately inform the ombudsman 
 49.20  established under sections 245.91 to 245.97. 
 49.21     (c) Authority of the local welfare agency responsible for 
 49.22  assessing the child abuse or neglect report and of the local law 
 49.23  enforcement agency for investigating the alleged abuse or 
 49.24  neglect includes, but is not limited to, authority to interview, 
 49.25  without parental consent, the alleged victim and any other 
 49.26  minors who currently reside with or who have resided with the 
 49.27  alleged offender.  The interview may take place at school or at 
 49.28  any facility or other place where the alleged victim or other 
 49.29  minors might be found or the child may be transported to, and 
 49.30  the interview conducted at, a place appropriate for the 
 49.31  interview of a child designated by the local welfare agency or 
 49.32  law enforcement agency.  The interview may take place outside 
 49.33  the presence of the alleged offender or parent, legal custodian, 
 49.34  guardian, or school official.  Except as provided in this 
 49.35  paragraph, the parent, legal custodian, or guardian shall be 
 49.36  notified by the responsible local welfare or law enforcement 
 50.1   agency no later than the conclusion of the investigation or 
 50.2   assessment that this interview has occurred.  Notwithstanding 
 50.3   rule 49.02 of the Minnesota rules of procedure for juvenile 
 50.4   courts, the juvenile court may, after hearing on an ex parte 
 50.5   motion by the local welfare agency, order that, where reasonable 
 50.6   cause exists, the agency withhold notification of this interview 
 50.7   from the parent, legal custodian, or guardian.  If the interview 
 50.8   took place or is to take place on school property, the order 
 50.9   shall specify that school officials may not disclose to the 
 50.10  parent, legal custodian, or guardian the contents of the 
 50.11  notification of intent to interview the child on school 
 50.12  property, as provided under this paragraph, and any other 
 50.13  related information regarding the interview that may be a part 
 50.14  of the child's school record.  A copy of the order shall be sent 
 50.15  by the local welfare or law enforcement agency to the 
 50.16  appropriate school official. 
 50.17     (d) When the local welfare or local law enforcement agency 
 50.18  determines that an interview should take place on school 
 50.19  property, written notification of intent to interview the child 
 50.20  on school property must be received by school officials prior to 
 50.21  the interview.  The notification shall include the name of the 
 50.22  child to be interviewed, the purpose of the interview, and a 
 50.23  reference to the statutory authority to conduct an interview on 
 50.24  school property.  For interviews conducted by the local welfare 
 50.25  agency, the notification shall be signed by the chair of the 
 50.26  local social services agency or the chair's designee.  The 
 50.27  notification shall be private data on individuals subject to the 
 50.28  provisions of this paragraph.  School officials may not disclose 
 50.29  to the parent, legal custodian, or guardian the contents of the 
 50.30  notification or any other related information regarding the 
 50.31  interview until notified in writing by the local welfare or law 
 50.32  enforcement agency that the investigation or assessment has been 
 50.33  concluded.  Until that time, the local welfare or law 
 50.34  enforcement agency shall be solely responsible for any 
 50.35  disclosures regarding the nature of the assessment or 
 50.36  investigation.  
 51.1      Except where the alleged offender is believed to be a 
 51.2   school official or employee, the time and place, and manner of 
 51.3   the interview on school premises shall be within the discretion 
 51.4   of school officials, but the local welfare or law enforcement 
 51.5   agency shall have the exclusive authority to determine who may 
 51.6   attend the interview.  The conditions as to time, place, and 
 51.7   manner of the interview set by the school officials shall be 
 51.8   reasonable and the interview shall be conducted not more than 24 
 51.9   hours after the receipt of the notification unless another time 
 51.10  is considered necessary by agreement between the school 
 51.11  officials and the local welfare or law enforcement agency.  
 51.12  Where the school fails to comply with the provisions of this 
 51.13  paragraph, the juvenile court may order the school to comply.  
 51.14  Every effort must be made to reduce the disruption of the 
 51.15  educational program of the child, other students, or school 
 51.16  staff when an interview is conducted on school premises.  
 51.17     (e) Where the alleged offender or a person responsible for 
 51.18  the care of the alleged victim or other minor prevents access to 
 51.19  the victim or other minor by the local welfare agency, the 
 51.20  juvenile court may order the parents, legal custodian, or 
 51.21  guardian to produce the alleged victim or other minor for 
 51.22  questioning by the local welfare agency or the local law 
 51.23  enforcement agency outside the presence of the alleged offender 
 51.24  or any person responsible for the child's care at reasonable 
 51.25  places and times as specified by court order.  
 51.26     (f) Before making an order under paragraph (e), the court 
 51.27  shall issue an order to show cause, either upon its own motion 
 51.28  or upon a verified petition, specifying the basis for the 
 51.29  requested interviews and fixing the time and place of the 
 51.30  hearing.  The order to show cause shall be served personally and 
 51.31  shall be heard in the same manner as provided in other cases in 
 51.32  the juvenile court.  The court shall consider the need for 
 51.33  appointment of a guardian ad litem to protect the best interests 
 51.34  of the child.  If appointed, the guardian ad litem shall be 
 51.35  present at the hearing on the order to show cause.  
 51.36     (g) The commissioner, the ombudsman for mental health and 
 52.1   mental retardation, the local welfare agencies responsible for 
 52.2   investigating reports, and the local law enforcement agencies 
 52.3   have the right to enter facilities as defined in subdivision 2 
 52.4   and to inspect and copy the facility's records, including 
 52.5   medical records, as part of the investigation.  Notwithstanding 
 52.6   the provisions of chapter 13, they also have the right to inform 
 52.7   the facility under investigation that they are conducting an 
 52.8   investigation, to disclose to the facility the names of the 
 52.9   individuals under investigation for abusing or neglecting a 
 52.10  child, and to provide the facility with a copy of the report and 
 52.11  the investigative findings. 
 52.12     (h) The local welfare agency shall collect available and 
 52.13  relevant information to ascertain whether maltreatment occurred 
 52.14  and whether protective services are needed.  Information 
 52.15  collected includes, when relevant, information with regard to 
 52.16  the person reporting the alleged maltreatment, including the 
 52.17  nature of the reporter's relationship to the child and to the 
 52.18  alleged offender, and the basis of the reporter's knowledge for 
 52.19  the report; the child allegedly being maltreated; the alleged 
 52.20  offender; the child's caretaker; and other collateral sources 
 52.21  having relevant information related to the alleged 
 52.22  maltreatment.  The local welfare agency may make a determination 
 52.23  of no maltreatment early in an assessment, and close the case 
 52.24  and retain immunity, if the collected information shows no basis 
 52.25  for a full assessment or investigation. 
 52.26     Information relevant to the assessment or investigation 
 52.27  must be asked for, and may include: 
 52.28     (1) the child's sex and age, prior reports of maltreatment, 
 52.29  information relating to developmental functioning, credibility 
 52.30  of the child's statement, and whether the information provided 
 52.31  under this clause is consistent with other information collected 
 52.32  during the course of the assessment or investigation; 
 52.33     (2) the alleged offender's age, a record check for prior 
 52.34  reports of maltreatment, and criminal charges and convictions.  
 52.35  The local welfare agency must provide the alleged offender with 
 52.36  an opportunity to make a statement.  The alleged offender may 
 53.1   submit supporting documentation relevant to the assessment or 
 53.2   investigation; 
 53.3      (3) collateral source information regarding the alleged 
 53.4   maltreatment and care of the child.  Collateral information 
 53.5   includes, when relevant:  (i) a medical examination of the 
 53.6   child; (ii) prior medical records relating to the alleged 
 53.7   maltreatment or the care of the child and an interview with the 
 53.8   treating professionals; and (iii) interviews with the child's 
 53.9   caretakers, including the child's parent, guardian, foster 
 53.10  parent, child care provider, teachers, counselors, family 
 53.11  members, relatives, and other persons who may have knowledge 
 53.12  regarding the alleged maltreatment and the care of the child. 
 53.13     Nothing in this paragraph precludes the local welfare 
 53.14  agency from collecting other relevant information necessary to 
 53.15  conduct the assessment or investigation.  Notwithstanding the 
 53.16  data's classification in the possession of any other agency, 
 53.17  data acquired by the local welfare agency during the course of 
 53.18  the assessment or investigation are private data on individuals 
 53.19  and must be maintained in accordance with subdivision 11. 
 53.20     (i) In the initial stages of an assessment or 
 53.21  investigation, the local welfare agency shall conduct a 
 53.22  face-to-face observation of the child reported to be maltreated 
 53.23  and a face-to-face interview of the alleged offender.  The 
 53.24  interview with the alleged offender may be postponed if it would 
 53.25  jeopardize an active law enforcement investigation. 
 53.26     (j) The local welfare agency shall use a question and 
 53.27  answer interviewing format with questioning as nondirective as 
 53.28  possible to elicit spontaneous responses.  The following 
 53.29  interviewing methods and procedures must be used whenever 
 53.30  possible when collecting information: 
 53.31     (1) audio recordings of all interviews with witnesses and 
 53.32  collateral sources; and 
 53.33     (2) in cases of alleged sexual abuse, audio-video 
 53.34  recordings of each interview with the alleged victim and child 
 53.35  witnesses. 
 53.36     Sec. 28.  Minnesota Statutes 1997 Supplement, section 
 54.1   626.556, subdivision 10e, is amended to read: 
 54.2      Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 54.3   assessment or investigation it conducts, the local welfare 
 54.4   agency shall make two determinations:  first, whether 
 54.5   maltreatment has occurred; and second, whether child protective 
 54.6   services are needed.  When maltreatment is determined in an 
 54.7   investigation involving a facility, the investigating agency 
 54.8   shall also determine whether the facility or individual was 
 54.9   responsible for the maltreatment using the mitigating factors in 
 54.10  paragraph (d).  Determinations under this subdivision must be 
 54.11  made based on a preponderance of the evidence. 
 54.12     (a) For the purposes of this subdivision, "maltreatment" 
 54.13  means any of the following acts or omissions committed by a 
 54.14  person responsible for the child's care: 
 54.15     (1) physical abuse as defined in subdivision 2, paragraph 
 54.16  (d); 
 54.17     (2) neglect as defined in subdivision 2, paragraph (c); 
 54.18     (3) sexual abuse as defined in subdivision 2, paragraph 
 54.19  (a); or 
 54.20     (4) mental injury as defined in subdivision 2, paragraph 
 54.21  (k); or 
 54.22     (5) domestic abuse/exposure to violence as defined in 
 54.23  subdivision 2, paragraph (m). 
 54.24     (b) For the purposes of this subdivision, a determination 
 54.25  that child protective services are needed means that the local 
 54.26  welfare agency has documented conditions during the assessment 
 54.27  or investigation sufficient to cause a child protection worker, 
 54.28  as defined in section 626.559, subdivision 1, to conclude that a 
 54.29  child is at significant risk of maltreatment if protective 
 54.30  intervention is not provided and that the individuals 
 54.31  responsible for the child's care have not taken or are not 
 54.32  likely to take actions to protect the child from maltreatment or 
 54.33  risk of maltreatment. 
 54.34     (c) This subdivision does not mean that maltreatment has 
 54.35  occurred solely because the child's parent, guardian, or other 
 54.36  person responsible for the child's care in good faith selects 
 55.1   and depends upon spiritual means or prayer for treatment or care 
 55.2   of disease or remedial care of the child, in lieu of medical 
 55.3   care.  However, if lack of medical care may result in serious 
 55.4   danger to the child's health, the local welfare agency may 
 55.5   ensure that necessary medical services are provided to the child.
 55.6      (d) When determining whether the facility or individual is 
 55.7   the responsible party for determined maltreatment in a facility, 
 55.8   the investigating agency shall consider at least the following 
 55.9   mitigating factors: 
 55.10     (1) whether the actions of the facility or the individual 
 55.11  caregivers were according to, and followed the terms of, an 
 55.12  erroneous physician order, prescription, individual care plan, 
 55.13  or directive; however, this is not a mitigating factor when the 
 55.14  facility or caregiver was responsible for the issuance of the 
 55.15  erroneous order, prescription, individual care plan, or 
 55.16  directive or knew or should have known of the errors and took no 
 55.17  reasonable measures to correct the defect before administering 
 55.18  care; 
 55.19     (2) comparative responsibility between the facility, other 
 55.20  caregivers, and requirements placed upon an employee, including 
 55.21  the facility's compliance with related regulatory standards and 
 55.22  the adequacy of facility policies and procedures, facility 
 55.23  training, an individual's participation in the training, the 
 55.24  caregiver's supervision, and facility staffing levels and the 
 55.25  scope of the individual employee's authority and discretion; and 
 55.26     (3) whether the facility or individual followed 
 55.27  professional standards in exercising professional judgment. 
 55.28     Sec. 29.  Minnesota Statutes 1996, section 626.556, 
 55.29  subdivision 10h, is amended to read: 
 55.30     Subd. 10h.  [CHILD ABUSE DATA; RELEASE TO FAMILY COURT 
 55.31  SERVICES.] The responsible authority or its designee of a local 
 55.32  welfare agency may release private or confidential data on an 
 55.33  active case involving assessment or investigation of actions 
 55.34  that are defined as sexual abuse, physical abuse, or neglect, or 
 55.35  domestic abuse/exposure to violence under this section to a 
 55.36  court services agency if: 
 56.1      (1) the court services agency has an active case involving 
 56.2   a common client or clients who are the subject of the data; and 
 56.3      (2) the data are necessary for the court services agency to 
 56.4   effectively process the court services' case, including 
 56.5   investigating or performing other duties relating to the case 
 56.6   required by law. 
 56.7      The data disclosed under this subdivision may be used only 
 56.8   for purposes of the active court services case described in 
 56.9   clause (1) and may not be further disclosed to any other person 
 56.10  or agency, except as authorized by law. 
 56.11     Sec. 30.  Minnesota Statutes 1997 Supplement, section 
 56.12  626.556, subdivision 11, is amended to read: 
 56.13     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 56.14  (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 56.15  concerning individuals maintained by a local welfare agency 
 56.16  under this section, including any written reports filed under 
 56.17  subdivision 7, shall be private data on individuals, except 
 56.18  insofar as copies of reports are required by subdivision 7 to be 
 56.19  sent to the local police department or the county sheriff.  
 56.20  Reports maintained by any police department or the county 
 56.21  sheriff shall be private data on individuals except the reports 
 56.22  shall be made available to the investigating, petitioning, or 
 56.23  prosecuting authority, including county medical examiners or 
 56.24  county coroners.  Section 13.82, subdivisions 5, 5a, and 5b, 
 56.25  apply to law enforcement data other than the reports.  The local 
 56.26  social services agency shall make available to the 
 56.27  investigating, petitioning, or prosecuting authority, including 
 56.28  county medical examiners or county coroners or their 
 56.29  professional delegates, any records which contain information 
 56.30  relating to a specific incident of neglect or abuse which is 
 56.31  under investigation, petition, or prosecution and information 
 56.32  relating to any prior incidents of neglect or abuse involving 
 56.33  any of the same persons.  The records shall be collected and 
 56.34  maintained in accordance with the provisions of chapter 13.  In 
 56.35  conducting investigations and assessments pursuant to this 
 56.36  section, the notice required by section 13.04, subdivision 2, 
 57.1   need not be provided to a minor under the age of ten who is the 
 57.2   alleged victim of abuse or, neglect, or domestic abuse/exposure 
 57.3   to violence.  An individual subject of a record shall have 
 57.4   access to the record in accordance with those sections, except 
 57.5   that the name of the reporter shall be confidential while the 
 57.6   report is under assessment or investigation except as otherwise 
 57.7   permitted by this subdivision.  Any person conducting an 
 57.8   investigation or assessment under this section who intentionally 
 57.9   discloses the identity of a reporter prior to the completion of 
 57.10  the investigation or assessment is guilty of a misdemeanor.  
 57.11  After the assessment or investigation is completed, the name of 
 57.12  the reporter shall be confidential.  The subject of the report 
 57.13  may compel disclosure of the name of the reporter only with the 
 57.14  consent of the reporter or upon a written finding by the court 
 57.15  that the report was false and that there is evidence that the 
 57.16  report was made in bad faith.  This subdivision does not alter 
 57.17  disclosure responsibilities or obligations under the rules of 
 57.18  criminal procedure. 
 57.19     (b) Upon request of the legislative auditor, data on 
 57.20  individuals maintained under this section must be released to 
 57.21  the legislative auditor in order for the auditor to fulfill the 
 57.22  auditor's duties under section 3.971.  The auditor shall 
 57.23  maintain the data in accordance with chapter 13. 
 57.24     Sec. 31.  Minnesota Statutes 1996, section 626.556, 
 57.25  subdivision 11a, is amended to read: 
 57.26     Subd. 11a.  [DISCLOSURE OF INFORMATION NOT REQUIRED IN 
 57.27  CERTAIN CASES.] When interviewing a minor under subdivision 10, 
 57.28  an individual does not include the parent or guardian of the 
 57.29  minor for purposes of section 13.04, subdivision 2, when the 
 57.30  parent or guardian is the alleged perpetrator of the abuse or, 
 57.31  neglect, or domestic abuse/exposure to violence.  
 57.32     Sec. 32.  Minnesota Statutes 1996, section 626.556, is 
 57.33  amended by adding a subdivision to read: 
 57.34     Subd. 11d.  [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY 
 57.35  CASES.] (a) The definitions in this paragraph apply to this 
 57.36  section. 
 58.1      (1) "Child fatality" means the death of a child from 
 58.2   suspected abuse, neglect, or maltreatment. 
 58.3      (2) "Near fatality" means a case in which a physician 
 58.4   determines that a child is in serious or critical condition as 
 58.5   the result of sickness or injury caused by suspected abuse, 
 58.6   neglect, or maltreatment. 
 58.7      (3) "Findings and information" means a written summary 
 58.8   described in paragraph (c) of actions taken or services rendered 
 58.9   by a local social services agency following receipt of a report. 
 58.10     (b) Notwithstanding any other provision of law and subject 
 58.11  to the provisions of this subdivision, a public agency shall 
 58.12  disclose to the public, upon request, the findings and 
 58.13  information related to a child fatality or near fatality if: 
 58.14     (1) a person is criminally charged with having caused the 
 58.15  child fatality or near fatality; or 
 58.16     (2) a county attorney certifies that a person would have 
 58.17  been charged with having caused the child fatality or near 
 58.18  fatality but for that person's prior death. 
 58.19     (c) Findings and information disclosed pursuant to this 
 58.20  subdivision shall consist of a written summary that includes any 
 58.21  of the following information the agency is able to provide: 
 58.22     (1) the dates, outcomes, and results of any actions taken 
 58.23  or services rendered; 
 58.24     (2) the results of any review of the state child mortality 
 58.25  review panel, a local child mortality review panel, a local 
 58.26  community child protection team, or any public agency; and 
 58.27     (3) confirmation of the receipt of all reports, accepted or 
 58.28  not accepted, by the local welfare agency for assessment of 
 58.29  suspected child abuse, neglect, or maltreatment, including 
 58.30  confirmation that investigations were conducted, the results of 
 58.31  the investigations, a description of the conduct of the most 
 58.32  recent investigation and the services rendered, and a statement 
 58.33  of basis for the agency's determination. 
 58.34     (d) Nothing in this subdivision authorizes access to the 
 58.35  confidential records in the custody of a local social services 
 58.36  agency, or the disclosure to the public of the records or 
 59.1   content of any psychiatric, psychological, therapeutic 
 59.2   evaluations, or the disclosure of information that would reveal 
 59.3   the identities of persons who provided information related to 
 59.4   suspected abuse, neglect, or maltreatment of the child. 
 59.5      (e) Within five working days from the receipt of a request 
 59.6   for findings and information related to a child fatality or near 
 59.7   fatality, a local agency shall consult with the appropriate 
 59.8   county attorney and provide the findings and information unless 
 59.9   the agency has a reasonable belief that the release of the 
 59.10  information:  
 59.11     (1) is not authorized by paragraphs (a) and (b); 
 59.12     (2) is likely to cause mental, emotional, or physical harm 
 59.13  or danger to a minor child residing in the deceased or injured 
 59.14  child's household or is a child who is the sibling of the 
 59.15  deceased or injured child; 
 59.16     (3) is likely to jeopardize the state's ability to 
 59.17  prosecute the defendant; 
 59.18     (4) is likely to jeopardize the defendant's right to a fair 
 59.19  trial; 
 59.20     (5) is the subject of an ongoing or future criminal 
 59.21  investigation or prosecution; 
 59.22     (6) is not authorized by federal law and regulations; or 
 59.23     (7) could result in physical or emotional harm to an 
 59.24  individual. 
 59.25     (f) A person whose request is denied may apply to the 
 59.26  appropriate court for an order compelling disclosure of the 
 59.27  findings and information of the public agency.  The application 
 59.28  must set forth, with reasonable particularity, factors 
 59.29  supporting the application.  The court has jurisdiction to issue 
 59.30  such orders.  Actions under this section must be set down for 
 59.31  immediate hearing, and subsequent proceedings in those actions 
 59.32  must be accorded priority by the appellate courts.  After the 
 59.33  court has reviewed the specific findings and information, in 
 59.34  camera, the court shall issue an order compelling disclosure 
 59.35  unless the court finds that one or more of the circumstances in 
 59.36  paragraph (e) exists. 
 60.1      (g) A public agency or its employees acting in good faith 
 60.2   in disclosing or declining to disclose information under this 
 60.3   section are immune from criminal or civil liability that might 
 60.4   otherwise be incurred or imposed for that action. 
 60.5      Sec. 33.  [EFFECTIVE DATE.] 
 60.6      The effective date of sections 1 to 32 shall be the day 
 60.7   following final enactment.