2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to children; providing for child welfare 1.3 reform; restricting release of certain information; 1.4 establishing citizen review panels; clarifying 1.5 jurisdiction; establishing programs for child abuse 1.6 and neglect assessments and investigations and 1.7 concurrent planning for permanent placement; defining 1.8 terms; imposing duties; expanding certain case plans; 1.9 providing for consideration of domestic abuse in child 1.10 protection risk assessments; authorizing rulemaking; 1.11 providing for sharing of certain data; changing 1.12 records retention requirements; requiring review and 1.13 audits; requiring task forces and a plan; 1.14 appropriating money; amending Minnesota Statutes 1996, 1.15 sections 144.226, subdivision 3; 245A.035, subdivision 1.16 4; 256.01, subdivision 12, and by adding a 1.17 subdivision; 257.42; 257.43; 259.24, subdivision 1; 1.18 259.37, subdivision 2; 260.011, subdivision 2; 1.19 260.141, by adding a subdivision; 260.172, subdivision 1.20 1; 260.191, subdivision 1e; 260.221, as amended; and 1.21 626.556, subdivision 10, and by adding subdivisions; 1.22 Minnesota Statutes 1997 Supplement, sections 144.218, 1.23 subdivision 2; 144.226, subdivision 4; 245A.03, 1.24 subdivision 2; 245A.04, subdivisions 3b and 3d; 1.25 256.82, subdivision 2; 257.071, subdivision 1d; 1.26 257.85, subdivision 5; 259.22, subdivision 4; 259.47, 1.27 subdivision 3; 259.58; 259.60, subdivision 2; 260.012; 1.28 260.015, subdivisions 2a and 29; 260.161, subdivision 1.29 2; 260.191, subdivisions 1, 1a, 3a, and 3b; 260.241, 1.30 subdivision 3; and 626.556, subdivisions 10e and 11c; 1.31 proposing coding for new law in Minnesota Statutes, 1.32 chapters 257; and 626. 1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.34 ARTICLE 1 1.35 ADOPTION AND SAFE FAMILIES 1.36 Section 1. Minnesota Statutes 1997 Supplement, section 1.37 144.218, subdivision 2, is amended to read: 1.38 Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for 1.39 the adoption of a person who was born in a foreign country, the 2.1 court, upon evidence presented by the commissioner of human 2.2 services from information secured at the port of entry, or upon 2.3 evidence from other reliable sources, may make findings of fact 2.4 as to the date and place of birth and parentage. Upon receipt 2.5 of certified copies of the court findings and the order or 2.6 decree of adoption or a certified copy of a decree issued under 2.7 section 259.60, the state registrar shall register a birth 2.8 certificate in the new name of the adopted person. The 2.9 certified copies of the court findings and the orderor, decree 2.10 of adoption, or decree issued under section 259.60 are 2.11 confidential, pursuant to section 13.02, subdivision 3, and 2.12 shall not be disclosed except pursuant to court order or section 2.13 144.1761. The birth certificate shall state the place of birth 2.14 as specifically as possible, and that the certificate is not 2.15 evidence of United States citizenship. 2.16 Sec. 2. Minnesota Statutes 1996, section 144.226, 2.17 subdivision 3, is amended to read: 2.18 Subd. 3. [BIRTH CERTIFICATE COPY SURCHARGE.] In addition 2.19 to any fee prescribed under subdivision 1, there shall be a 2.20 surcharge of $3 for each certified copy of a birth certificate, 2.21 and for a certification that the record cannot be found. The 2.22 local or state registrar shall forward this amount to the 2.23 commissioner of finance for deposit into the account for the 2.24 children's trust fund for the prevention of child abuse 2.25 established under section 119A.12. This surcharge shall not be 2.26 charged under those circumstances in which no fee for a 2.27 certified copy of a birth certificate is permitted under 2.28 subdivision 1, paragraph (a). Upon certification by the 2.29 commissioner of finance that the assets in that fund exceed 2.30 $20,000,000, this surcharge shall be discontinued. 2.31 Sec. 3. Minnesota Statutes 1997 Supplement, section 2.32 144.226, subdivision 4, is amended to read: 2.33 Subd. 4. [VITAL RECORDS SURCHARGE.] In addition to any fee 2.34 prescribed under subdivision 1, there is a nonrefundable 2.35 surcharge of $3 for each certified and noncertified birth or 2.36 death record, and for a certification that the record cannot be 3.1 found. The local or state registrar shall forward this amount 3.2 to the state treasurer to be deposited into the state government 3.3 special revenue fund. This surcharge shall not be charged under 3.4 those circumstances in which no fee for a birth or death record 3.5 is permitted under subdivision 1, paragraph (a). This surcharge 3.6 requirement expires June 30, 2002. 3.7 Sec. 4. Minnesota Statutes 1997 Supplement, section 3.8 245A.03, subdivision 2, is amended to read: 3.9 Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 3.10 245A.16 do not apply to: 3.11 (1) residential or nonresidential programs that are 3.12 provided to a person by an individual who is related unless the 3.13 residential program is a child foster care placement made by a 3.14 local social services agency or a licensed child-placing agency, 3.15 except as provided in subdivision 2a; 3.16 (2) nonresidential programs that are provided by an 3.17 unrelated individual to persons from a single related family; 3.18 (3) residential or nonresidential programs that are 3.19 provided to adults who do not abuse chemicals or who do not have 3.20 a chemical dependency, a mental illness, mental retardation or a 3.21 related condition, a functional impairment, or a physical 3.22 handicap; 3.23 (4) sheltered workshops or work activity programs that are 3.24 certified by the commissioner of economic security; 3.25 (5) programs for children enrolled in kindergarten to the 3.26 12th grade and prekindergarten special education in a school as 3.27 defined in section 120.101, subdivision 4, and programs serving 3.28 children in combined special education and regular 3.29 prekindergarten programs that are operated or assisted by the 3.30 commissioner of children, families, and learning; 3.31 (6) nonresidential programs primarily for children that 3.32 provide care or supervision, without charge for ten or fewer 3.33 days a year, and for periods of less than three hours a day 3.34 while the child's parent or legal guardian is in the same 3.35 building as the nonresidential program or present within another 3.36 building that is directly contiguous to the building in which 4.1 the nonresidential program is located; 4.2 (7) nursing homes or hospitals licensed by the commissioner 4.3 of health except as specified under section 245A.02; 4.4 (8) board and lodge facilities licensed by the commissioner 4.5 of health that provide services for five or more persons whose 4.6 primary diagnosis is mental illness who have refused an 4.7 appropriate residential program offered by a county agency. 4.8 This exclusion expires on July 1, 1990; 4.9 (9) homes providing programs for persons placed there by a 4.10 licensed agency for legal adoption, unless the adoption is not 4.11 completed within two years; 4.12 (10) programs licensed by the commissioner of corrections; 4.13 (11) recreation programs for children or adults that 4.14 operate for fewer than 40 calendar days in a calendar year or 4.15 programs operated by a park and recreation board of a city of 4.16 the first class whose primary purpose is to provide social and 4.17 recreational activities to school age children, provided the 4.18 program is approved by the park and recreation board; 4.19 (12) programs operated by a school as defined in section 4.20 120.101, subdivision 4, whose primary purpose is to provide 4.21 child care to school-age children, provided the program is 4.22 approved by the district's school board; 4.23 (13) Head Start nonresidential programs which operate for 4.24 less than 31 days in each calendar year; 4.25 (14) noncertified boarding care homes unless they provide 4.26 services for five or more persons whose primary diagnosis is 4.27 mental illness or mental retardation; 4.28 (15) nonresidential programs for nonhandicapped children 4.29 provided for a cumulative total of less than 30 days in any 4.30 12-month period; 4.31 (16) residential programs for persons with mental illness, 4.32 that are located in hospitals, until the commissioner adopts 4.33 appropriate rules; 4.34 (17) the religious instruction of school-age children; 4.35 Sabbath or Sunday schools; or the congregate care of children by 4.36 a church, congregation, or religious society during the period 5.1 used by the church, congregation, or religious society for its 5.2 regular worship; 5.3 (18) camps licensed by the commissioner of health under 5.4 Minnesota Rules, chapter 4630; 5.5 (19) mental health outpatient services for adults with 5.6 mental illness or children with emotional disturbance; 5.7 (20) residential programs serving school-age children whose 5.8 sole purpose is cultural or educational exchange, until the 5.9 commissioner adopts appropriate rules; 5.10 (21) unrelated individuals who provide out-of-home respite 5.11 care services to persons with mental retardation or related 5.12 conditions from a single related family for no more than 90 days 5.13 in a 12-month period and the respite care services are for the 5.14 temporary relief of the person's family or legal representative; 5.15 (22) respite care services provided as a home and 5.16 community-based service to a person with mental retardation or a 5.17 related condition, in the person's primary residence; 5.18 (23) community support services programs as defined in 5.19 section 245.462, subdivision 6, and family community support 5.20 services as defined in section 245.4871, subdivision 17; 5.21 (24) the placement of a child by a birth parent or legal 5.22 guardian in a preadoptive home for purposes of adoption as 5.23 authorized by section 259.47; or 5.24 (25) settings registered under chapter 144D which provide 5.25 home care services licensed by the commissioner of health to 5.26 fewer than seven adults. 5.27 For purposes of clause (6), a building is directly 5.28 contiguous to a building in which a nonresidential program is 5.29 located if it shares a common wall with the building in which 5.30 the nonresidential program is located or is attached to that 5.31 building by skyway, tunnel, atrium, or common roof. 5.32 Sec. 5. Minnesota Statutes 1996, section 245A.035, 5.33 subdivision 4, is amended to read: 5.34 Subd. 4. [APPLICANT STUDY.] When the county agency has 5.35 received the information required by section 245A.04, 5.36 subdivision 3, paragraph (b), the county agency shall begin an 6.1 applicant study according to the procedures in section 245A.04, 6.2 subdivision 3. The commissioner may issue an emergency license 6.3 upon recommendation of the county agency once the initial 6.4 inspection has been successfully completed and the information 6.5 necessary to begin the applicant background study has been 6.6 provided. If the county agency does not recommend that the 6.7 emergency license be granted, the agency shall notify the 6.8 relative in writing that the agency is recommending denial to 6.9 the commissioner; shall remove any child who has been placed in 6.10 the home prior to licensure; and shall inform the relative in 6.11 writing of the procedure to request review pursuant to 6.12 subdivision 6. An emergency license shall be effective until a 6.13 child foster care license is granted or denied, but shall in no 6.14 case remain in effect more than90120 days from the date of 6.15 placement. 6.16 Sec. 6. Minnesota Statutes 1997 Supplement, section 6.17 245A.04, subdivision 3b, is amended to read: 6.18 Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The 6.19 individual who is the subject of the disqualification may 6.20 request a reconsideration of the disqualification. 6.21 The individual must submit the request for reconsideration 6.22 to the commissioner in writing. A request for reconsideration 6.23 for an individual who has been sent a notice of disqualification 6.24 under subdivision 3a, paragraph (b), clause (1) or (2), must be 6.25 submitted within 30 calendar days of the disqualified 6.26 individual's receipt of the notice of disqualification. A 6.27 request for reconsideration for an individual who has been sent 6.28 a notice of disqualification under subdivision 3a, paragraph 6.29 (b), clause (3), must be submitted within 15 calendar days of 6.30 the disqualified individual's receipt of the notice of 6.31 disqualification. Removal of a disqualified individual from 6.32 direct contact shall be ordered if the individual does not 6.33 request reconsideration within the prescribed time, and for an 6.34 individual who submits a timely request for reconsideration, if 6.35 the disqualification is not set aside. The individual must 6.36 present information showing that: 7.1 (1) the information the commissioner relied upon is 7.2 incorrect or inaccurate. If the basis of a reconsideration 7.3 request is that a maltreatment determination or disposition 7.4 under section 626.556 or 626.557 is incorrect, and the 7.5 commissioner has issued a final order in an appeal of that 7.6 determination or disposition under section 256.045, the 7.7 commissioner's order is conclusive on the issue of maltreatment; 7.8 or 7.9 (2) the subject of the study does not pose a risk of harm 7.10 to any person served by the applicant or license holder. 7.11 (b) The commissioner may set aside the disqualification 7.12 under this section if the commissioner finds that the 7.13 information the commissioner relied upon is incorrect or the 7.14 individual does not pose a risk of harm to any person served by 7.15 the applicant or license holder. In determining that an 7.16 individual does not pose a risk of harm, the commissioner shall 7.17 consider the consequences of the event or events that lead to 7.18 disqualification, whether there is more than one disqualifying 7.19 event, the vulnerability of the victim at the time of the event, 7.20 the time elapsed without a repeat of the same or similar event, 7.21 documentation of successful completion by the individual studied 7.22 of training or rehabilitation pertinent to the event, and any 7.23 other information relevant to reconsideration. In reviewing a 7.24 disqualification under this section, the commissioner shall give 7.25 preeminent weight to the safety of each person to be served by 7.26 the license holder or applicant over the interests of the 7.27 license holder or applicant. 7.28 (c) Unless the information the commissioner relied on in 7.29 disqualifying an individual is incorrect, the commissioner may 7.30 not set aside the disqualification of an individual in 7.31 connection with a license to provide family day care for 7.32 children, foster care for children in the provider's own home, 7.33 or foster care or day care services for adults in the provider's 7.34 own home if: 7.35 (1) less than ten years have passed since the discharge of 7.36 the sentence imposed for the offense; and the individual has 8.1 been convicted of a violation of any offense listed in sections 8.2 609.20 (manslaughter in the first degree), 609.205 (manslaughter 8.3 in the second degree), criminal vehicular homicide under 609.21 8.4 (criminal vehicular homicide and injury), 609.215 (aiding 8.5 suicide or aiding attempted suicide), felony violations under 8.6 609.221 to 609.2231 (assault in the first, second, third, or 8.7 fourth degree), 609.713 (terroristic threats), 609.235 (use of 8.8 drugs to injure or to facilitate crime), 609.24 (simple 8.9 robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 8.10 609.255 (false imprisonment), 609.561 or 609.562 (arson in the 8.11 first or second degree), 609.71 (riot), burglary in the first or 8.12 second degree under 609.582 (burglary), 609.66 (dangerous 8.13 weapon), 609.665 (spring guns), 609.67 (machine guns and 8.14 short-barreled shotguns), 609.749 (harassment; stalking), 8.15 152.021 or 152.022 (controlled substance crime in the first or 8.16 second degree), 152.023, subdivision 1, clause (3) or (4), or 8.17 subdivision 2, clause (4) (controlled substance crime in the 8.18 third degree), 152.024, subdivision 1, clause (2), (3), or (4) 8.19 (controlled substance crime in the fourth degree), 609.224, 8.20 subdivision 2, paragraph (c) (fifth-degree assault by a 8.21 caregiver against a vulnerable adult), 609.228 (great bodily 8.22 harm caused by distribution of drugs), 609.23 (mistreatment of 8.23 persons confined), 609.231 (mistreatment of residents or 8.24 patients), 609.2325 (criminal abuse of a vulnerable adult), 8.25 609.233 (criminal neglect of a vulnerable adult), 609.2335 8.26 (financial exploitation of a vulnerable adult), 609.234 (failure 8.27 to report), 609.265 (abduction), 609.2664 to 609.2665 8.28 (manslaughter of an unborn child in the first or second degree), 8.29 609.267 to 609.2672 (assault of an unborn child in the first, 8.30 second, or third degree), 609.268 (injury or death of an unborn 8.31 child in the commission of a crime), 617.293 (disseminating or 8.32 displaying harmful material to minors), 609.378 (neglect or 8.33 endangerment of a child), a gross misdemeanor offense under 8.34 609.377 (malicious punishment of a child), 609.72, subdivision 3 8.35 (disorderly conduct against a vulnerable adult); or an attempt 8.36 or conspiracy to commit any of these offenses, as each of these 9.1 offenses is defined in Minnesota Statutes; or an offense in any 9.2 other state, the elements of which are substantially similar to 9.3 the elements of any of the foregoing offenses; 9.4 (2) regardless of how much time has passed since the 9.5 discharge of the sentence imposed for the offense, the 9.6 individual was convicted of a violation of any offense listed in 9.7 sections 609.185 to 609.195 (murder in the first, second, or 9.8 third degree), 609.2661 to 609.2663 (murder of an unborn child 9.9 in the first, second, or third degree), a felony offense under 9.10 609.377 (malicious punishment of a child), 609.322 9.11 (solicitation, inducement, and promotion of prostitution), 9.12 609.323 (receiving profit derived from prostitution), 609.342 to 9.13 609.345 (criminal sexual conduct in the first, second, third, or 9.14 fourth degree), 609.352 (solicitation of children to engage in 9.15 sexual conduct), 617.246 (use of minors in a sexual 9.16 performance), 617.247 (possession of pictorial representations 9.17 of a minor), 609.365 (incest), a felony offense under 609.2242 9.18 and 609.2243 (domestic assault), a felony offense of spousal 9.19 abuse, a felony offense of child abuse or neglect, a felony 9.20 offense of a crime against children, or an attempt or conspiracy 9.21 to commit any of these offenses as defined in Minnesota 9.22 Statutes, or an offense in any other state, the elements of 9.23 which are substantially similar to any of the foregoing 9.24 offenses; 9.25 (3) within the seven years preceding the study, the 9.26 individual committed an act that constitutes maltreatment of a 9.27 child under section 626.556, subdivision 10e, and that resulted 9.28 in substantial bodily harm as defined in section 609.02, 9.29 subdivision 7a, or substantial mental or emotional harm as 9.30 supported by competent psychological or psychiatric evidence; or 9.31 (4) within the seven years preceding the study, the 9.32 individual was determined under section 626.557 to be the 9.33 perpetrator of a substantiated incident of maltreatment of a 9.34 vulnerable adult that resulted in substantial bodily harm as 9.35 defined in section 609.02, subdivision 7a, or substantial mental 9.36 or emotional harm as supported by competent psychological or 10.1 psychiatric evidence. 10.2 In the case of any ground for disqualification under 10.3 clauses (1) to (4), if the act was committed by an individual 10.4 other than the applicant or license holder residing in the 10.5 applicant's or license holder's home, the applicant or license 10.6 holder may seek reconsideration when the individual who 10.7 committed the act no longer resides in the home. 10.8 The disqualification periods provided under clauses (1), 10.9 (3), and (4) are the minimum applicable disqualification 10.10 periods. The commissioner may determine that an individual 10.11 should continue to be disqualified from licensure because the 10.12 license holder or applicant poses a risk of harm to a person 10.13 served by that individual after the minimum disqualification 10.14 period has passed. 10.15 (d) The commissioner shall respond in writing or by 10.16 electronic transmission to all reconsideration requests for 10.17 which the basis for the request is that the information relied 10.18 upon by the commissioner to disqualify is incorrect or 10.19 inaccurate within 30 working days of receipt of a request and 10.20 all relevant information. If the basis for the request is that 10.21 the individual does not pose a risk of harm, the commissioner 10.22 shall respond to the request within 15 working days after 10.23 receiving the request for reconsideration and all relevant 10.24 information. If the disqualification is set aside, the 10.25 commissioner shall notify the applicant or license holder in 10.26 writing or by electronic transmission of the decision. 10.27 (e) Except as provided in subdivision 3c, the 10.28 commissioner's decision to disqualify an individual, including 10.29 the decision to grant or deny a rescission or set aside a 10.30 disqualification under this section, is the final administrative 10.31 agency action and shall not be subject to further review in a 10.32 contested case under chapter 14 involving a negative licensing 10.33 appeal taken in response to the disqualification or involving an 10.34 accuracy and completeness appeal under section 13.04. 10.35 Sec. 7. Minnesota Statutes 1997 Supplement, section 10.36 245A.04, subdivision 3d, is amended to read: 11.1 Subd. 3d. [DISQUALIFICATION.] When a background study 11.2 completed under subdivision 3 shows any of the following: a 11.3 conviction of one or more crimes listed in clauses (1) to (4); 11.4 the individual has admitted to or a preponderance of the 11.5 evidence indicates the individual has committed an act or acts 11.6 that meet the definition of any of the crimes listed in clauses 11.7 (1) to (4); or an administrative determination listed under 11.8 clause (4), the individual shall be disqualified from any 11.9 position allowing direct contact with persons receiving services 11.10 from the license holder: 11.11 (1) regardless of how much time has passed since the 11.12 discharge of the sentence imposed for the offense, and unless 11.13 otherwise specified, regardless of the level of the conviction, 11.14 the individual was convicted of any of the following offenses: 11.15 sections 609.185 (murder in the first degree); 609.19 (murder in 11.16 the second degree); 609.195 (murder in the third degree); 11.17 609.2661 (murder of an unborn child in the first degree); 11.18 609.2662 (murder of an unborn child in the second degree); 11.19 609.2663 (murder of an unborn child in the third degree); 11.20 609.322 (solicitation, inducement, and promotion of 11.21 prostitution); 609.323 (receiving profit derived from 11.22 prostitution); 609.342 (criminal sexual conduct in the first 11.23 degree); 609.343 (criminal sexual conduct in the second degree); 11.24 609.344 (criminal sexual conduct in the third degree); 609.345 11.25 (criminal sexual conduct in the fourth degree); 609.352 11.26 (solicitation of children to engage in sexual conduct); 609.365 11.27 (incest); felony offense under 609.377 (malicious punishment of 11.28 a child); 617.246 (use of minors in sexual performance 11.29 prohibited); 617.247 (possession of pictorial representations of 11.30 minors); a felony offense under 609.2242 and 609.2243 (domestic 11.31 assault), a felony offense of spousal abuse, a felony offense of 11.32 child abuse or neglect, a felony offense of a crime against 11.33 children; or attempt or conspiracy to commit any of these 11.34 offenses as defined in Minnesota Statutes, or an offense in any 11.35 other state or country, where the elements are substantially 11.36 similar to any of the offenses listed in this clause; 12.1 (2) if less than 15 years have passed since the discharge 12.2 of the sentence imposed for the offense; and the individual has 12.3 received a felony conviction for a violation of any of these 12.4 offenses: sections 609.20 (manslaughter in the first degree); 12.5 609.205 (manslaughter in the second degree); 609.21 (criminal 12.6 vehicular homicide and injury); 609.215 (suicide); 609.221 to 12.7 609.2231 (assault in the first, second, third, or fourth 12.8 degree); repeat offenses under 609.224 (assault in the fifth 12.9 degree);609.2242 and 609.2243 (domestic assault; sentencing;12.10repeat domestic assault);repeat offenses under 609.3451 12.11 (criminal sexual conduct in the fifth degree); 609.713 12.12 (terroristic threats); 609.235 (use of drugs to injure or 12.13 facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 12.14 robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 12.15 609.561 (arson in the first degree); 609.562 (arson in the 12.16 second degree); 609.563 (arson in the third degree); repeat 12.17 offenses under 617.23 (indecent exposure; penalties); repeat 12.18 offenses under 617.241 (obscene materials and performances; 12.19 distribution and exhibition prohibited; penalty); 609.71 (riot); 12.20 609.66 (dangerous weapons); 609.67 (machine guns and 12.21 short-barreled shotguns); 609.749 (harassment; stalking; 12.22 penalties); 609.228 (great bodily harm caused by distribution of 12.23 drugs); 609.2325 (criminal abuse of a vulnerable adult); 12.24 609.2664 (manslaughter of an unborn child in the first degree); 12.25 609.2665 (manslaughter of an unborn child in the second degree); 12.26 609.267 (assault of an unborn child in the first degree); 12.27 609.2671 (assault of an unborn child in the second degree); 12.28 609.268 (injury or death of an unborn child in the commission of 12.29 a crime); 609.378 (neglect or endangerment of a child); 609.324, 12.30 subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335 12.31 (financial exploitation of a vulnerable adult); 609.521 12.32 (possession of shoplifting gear); 609.582 (burglary); 609.625 12.33 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 12.34 offering a forged check); 609.635 (obtaining signature by false 12.35 pretense); 609.27 (coercion); 609.275 (attempt to coerce); 12.36 609.687 (adulteration); 260.221 (grounds for termination of 13.1 parental rights); and chapter 152 (drugs; controlled 13.2 substance). An attempt or conspiracy to commit any of these 13.3 offenses, as each of these offenses is defined in Minnesota 13.4 Statutes; or an offense in any other state or country, the 13.5 elements of which are substantially similar to the elements of 13.6 the offenses in this clause. If the individual studied is 13.7 convicted of one of the felonies listed in this clause, but the 13.8 sentence is a gross misdemeanor or misdemeanor disposition, the 13.9 look-back period for the conviction is the period applicable to 13.10 the disposition, that is the period for gross misdemeanors or 13.11 misdemeanors; 13.12 (3) if less than ten years have passed since the discharge 13.13 of the sentence imposed for the offense; and the individual has 13.14 received a gross misdemeanor conviction for a violation of any 13.15 of the following offenses: sections 609.224 (assault in the 13.16 fifth degree); 609.2242 and 609.2243 (domestic assault); 13.17 violation of an order for protection under 518B.01, subdivision 13.18 14; 609.3451 (criminal sexual conduct in the fifth degree); 13.19 repeat offenses under 609.746 (interference with privacy); 13.20 repeat offenses under 617.23 (indecent exposure); 617.241 13.21 (obscene materials and performances); 617.243 (indecent 13.22 literature, distribution); 617.293 (harmful materials; 13.23 dissemination and display to minors prohibited); 609.71 (riot); 13.24 609.66 (dangerous weapons); 609.749 (harassment; stalking; 13.25 penalties); 609.224, subdivision 2, paragraph (c) (assault in 13.26 the fifth degree by a caregiver against a vulnerable adult); 13.27 609.23 (mistreatment of persons confined); 609.231 (mistreatment 13.28 of residents or patients); 609.2325 (criminal abuse of a 13.29 vulnerable adult); 609.233 (criminal neglect of a vulnerable 13.30 adult); 609.2335 (financial exploitation of a vulnerable adult); 13.31 609.234 (failure to report maltreatment of a vulnerable adult); 13.32 609.72, subdivision 3 (disorderly conduct against a vulnerable 13.33 adult); 609.265 (abduction); 609.378 (neglect or endangerment of 13.34 a child); 609.377 (malicious punishment of a child); 609.324, 13.35 subdivision 1a (other prohibited acts; minor engaged in 13.36 prostitution); 609.33 (disorderly house); 609.52 (theft); 14.1 609.582 (burglary); 609.631 (check forgery; offering a forged 14.2 check); 609.275 (attempt to coerce); or an attempt or conspiracy 14.3 to commit any of these offenses, as each of these offenses is 14.4 defined in Minnesota Statutes; or an offense in any other state 14.5 or country, the elements of which are substantially similar to 14.6 the elements of any of the offenses listed in this clause. If 14.7 the defendant is convicted of one of the gross misdemeanors 14.8 listed in this clause, but the sentence is a misdemeanor 14.9 disposition, the look-back period for the conviction is the 14.10 period applicable to misdemeanors; 14.11 (4) if less than seven years have passed since the 14.12 discharge of the sentence imposed for the offense; and the 14.13 individual has received a misdemeanor conviction for a violation 14.14 of any of the following offenses: sections 609.224 (assault in 14.15 the fifth degree); 609.2242 (domestic assault); violation of an 14.16 order for protection under 518B.01 (Domestic Abuse Act); 14.17 violation of an order for protection under 609.3232 (protective 14.18 order authorized; procedures; penalties); 609.746 (interference 14.19 with privacy); 609.79 (obscene or harassing phone calls); 14.20 609.795 (letter, telegram, or package; opening; harassment); 14.21 617.23 (indecent exposure; penalties); 609.2672 (assault of an 14.22 unborn child in the third degree); 617.293 (harmful materials; 14.23 dissemination and display to minors prohibited); 609.66 14.24 (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 14.25 exploitation of a vulnerable adult); 609.234 (failure to report 14.26 maltreatment of a vulnerable adult); 609.52 (theft); 609.27 14.27 (coercion); or an attempt or conspiracy to commit any of these 14.28 offenses, as each of these offenses is defined in Minnesota 14.29 Statutes; or an offense in any other state or country, the 14.30 elements of which are substantially similar to the elements of 14.31 any of the offenses listed in this clause; failure to make 14.32 required reports under section 626.556, subdivision 3, or 14.33 626.557, subdivision 3, for incidents in which: (i) the final 14.34 disposition under section 626.556 or 626.557 was substantiated 14.35 maltreatment, and (ii) the maltreatment was recurring or 14.36 serious; or substantiated serious or recurring maltreatment of a 15.1 minor under section 626.556 or of a vulnerable adult under 15.2 section 626.557 for which there is a preponderance of evidence 15.3 that the maltreatment occurred, and that the subject was 15.4 responsible for the maltreatment. For the purposes of this 15.5 section, serious maltreatment means sexual abuse; maltreatment 15.6 resulting in death; or maltreatment resulting in serious injury 15.7 or harm which reasonably requires the care of a physician 15.8 whether or not the care of a physician was sought, including:; 15.9 or abuse resulting in serious injury. For purposes of this 15.10 section, abuse resulting in serious injury means: bruises, 15.11 bites, skin laceration or tissue damage; fractures; 15.12 dislocations; evidence of internal injuries; head injuries with 15.13 loss of consciousness; extensive second-degree or third-degree 15.14 burns and other burns for which complications are 15.15 present; extensive second-degree or third-degree frostbite, and 15.16 others for which complications are present; irreversible 15.17 mobility or avulsion of teeth; injuries to the eyeball; 15.18 ingestion of foreign substances and objects that are harmful; 15.19 near drowning; and heat exhaustion or sunstroke. For purposes 15.20 of this section, "care of a physician" is treatment received or 15.21 ordered by a physician, but does not include diagnostic testing, 15.22 assessment, or observation. For the purposes of this section, 15.23 recurring maltreatment means more than one incident of 15.24 maltreatment for which there is a preponderance of evidence that 15.25 the maltreatment occurred, and that the subject was responsible 15.26 for the maltreatment. 15.27 Sec. 8. Minnesota Statutes 1996, section 256.01, 15.28 subdivision 12, is amended to read: 15.29 Subd. 12. [CHILD MORTALITY REVIEW PANEL.] (a) The 15.30 commissioner shall establish a child mortality review panelfor15.31reviewingto review deaths of children in Minnesota, including 15.32 deaths attributed to maltreatment or in which maltreatment may 15.33 be a contributing cause and to review near fatalities as defined 15.34 in section 626.556, subdivision 11d. The commissioners of 15.35 health, children, families, and learning, and public safety and 15.36 the attorney general shall each designate a representative to 16.1 the child mortality review panel. Other panel members shall be 16.2 appointed by the commissioner, including a board-certified 16.3 pathologist and a physician who is a coroner or a medical 16.4 examiner. The purpose of the panel shall be to make 16.5 recommendations to the state and to county agencies for 16.6 improving the child protection system, including modifications 16.7 in statute, rule, policy, and procedure. 16.8 (b) The commissioner may require a county agency to 16.9 establish a local child mortality review panel. The 16.10 commissioner may establish procedures for conducting local 16.11 reviews and may require that all professionals with knowledge of 16.12 a child mortality case participate in the local review. In this 16.13 section, "professional" means a person licensed to perform or a 16.14 person performing a specific service in the child protective 16.15 service system. "Professional" includes law enforcement 16.16 personnel, social service agency attorneys, educators, and 16.17 social service, health care, and mental health care providers. 16.18 (c) If the commissioner of human services has reason to 16.19 believe that a child's death was caused by maltreatment or that 16.20 maltreatment was a contributing cause, the commissioner has 16.21 access to not public data under chapter 13 maintained by state 16.22 agencies, statewide systems, or political subdivisions that are 16.23 related to the child's death or circumstances surrounding the 16.24 care of the child. The commissioner shall also have access to 16.25 records of private hospitals as necessary to carry out the 16.26 duties prescribed by this section. Access to data under this 16.27 paragraph is limited to police investigative data; autopsy 16.28 records and coroner or medical examiner investigative data; 16.29 hospital, public health, or other medical records of the child; 16.30 hospital and other medical records of the child's parent that 16.31 relate to prenatal care; and records created by social service 16.32 agencies that provided services to the child or family within 16.33 three years preceding the child's death. A state agency, 16.34 statewide system, or political subdivision shall provide the 16.35 data upon request of the commissioner. Not public data may be 16.36 shared with members of the state or local child mortality review 17.1 panel in connection with an individual case. 17.2 (d) Notwithstanding the data's classification in the 17.3 possession of any other agency, data acquired by a local or 17.4 state child mortality review panel in the exercise of its duties 17.5 is protected nonpublic or confidential data as defined in 17.6 section 13.02, but may be disclosed as necessary to carry out 17.7 the purposes of the review panel. The data is not subject to 17.8 subpoena or discovery. The commissioner may disclose 17.9 conclusions of the review panel, but shall not disclose data 17.10 that was classified as confidential or private data on 17.11 decedents, under section 13.10, or private, confidential, or 17.12 protected nonpublic data in the disseminating agency, except 17.13 that the commissioner may disclose local social service agency 17.14 data as provided in section 626.556, subdivision 11d, on 17.15 individual cases involving a fatality or near fatality of a 17.16 person served by the local social service agency prior to the 17.17 date of death. 17.18 (e) A person attending a child mortality review panel 17.19 meeting shall not disclose what transpired at the meeting, 17.20 except to carry out the purposes of the mortality review panel. 17.21 The proceedings and records of the mortality review panel are 17.22 protected nonpublic data as defined in section 13.02, 17.23 subdivision 13, and are not subject to discovery or introduction 17.24 into evidence in a civil or criminal action against a 17.25 professional, the state or a county agency, arising out of the 17.26 matters the panel is reviewing. Information, documents, and 17.27 records otherwise available from other sources are not immune 17.28 from discovery or use in a civil or criminal action solely 17.29 because they were presented during proceedings of the review 17.30 panel. A person who presented information before the review 17.31 panel or who is a member of the panel shall not be prevented 17.32 from testifying about matters within the person's knowledge. 17.33 However, in a civil or criminal proceeding a person shall not be 17.34 questioned about the person's presentation of information to the 17.35 review panel or opinions formed by the person as a result of the 17.36 review meetings. 18.1 Sec. 9. Minnesota Statutes 1996, section 256.01, is 18.2 amended by adding a subdivision to read: 18.3 Subd. 15. [CITIZEN REVIEW PANELS.] (a) The commissioner 18.4 shall establish a minimum of three citizen review panels to 18.5 examine the policies and procedures of state and local welfare 18.6 agencies to evaluate the extent to which the agencies are 18.7 effectively discharging their child protection 18.8 responsibilities. Local social service agencies shall cooperate 18.9 and work with the citizen review panels. Where appropriate, the 18.10 panels may examine specific cases to evaluate the effectiveness 18.11 of child protection activities. The panels must examine the 18.12 extent to which the state and local agencies are meeting the 18.13 requirements of the federal Child Abuse Prevention and Treatment 18.14 Act and the Reporting of Maltreatment of Minors Act. The 18.15 commissioner may authorize mortality review panels or child 18.16 protection teams to carry out the duties of a citizen review 18.17 panel if membership meets or is expanded to meet the 18.18 requirements of this section. 18.19 (b) The panel membership must include volunteers who 18.20 broadly represent the community in which the panel is 18.21 established, including members who have expertise in the 18.22 prevention and treatment of child abuse and neglect, child 18.23 protection advocates, and representatives of the councils of 18.24 color and ombudsperson for families. 18.25 (c) A citizen review panel has access to the following data 18.26 for specific case review under this paragraph: police 18.27 investigative data; autopsy records and coroner or medical 18.28 examiner investigative data; hospital, public health, or other 18.29 medical records of the child; hospital and other medical records 18.30 of the child's parent that relate to prenatal care; records 18.31 created by social service agencies that provided services to the 18.32 child or family; and personnel data related to an employee's 18.33 performance in discharging child protection responsibilities. A 18.34 state agency, statewide system, or political subdivision shall 18.35 provide the data upon request of the commissioner. Not public 18.36 data may be shared with members of the state or local citizen 19.1 review panel in connection with an individual case. 19.2 (d) Notwithstanding the data's classification in the 19.3 possession of any other agency, data acquired by a local or 19.4 state citizen review panel in the exercise of its duties are 19.5 protected nonpublic or confidential data as defined in section 19.6 13.02, but may be disclosed as necessary to carry out the 19.7 purposes of the review panel. The data are not subject to 19.8 subpoena or discovery. The commissioner may disclose 19.9 conclusions of the review panel, but may not disclose data on 19.10 individuals that were classified as confidential or private data 19.11 on individuals in the possession of the state agency, statewide 19.12 system, or political subdivision from which the data were 19.13 received, except that the commissioner may disclose local social 19.14 service agency data as provided in section 626.556, subdivision 19.15 11d, on individual cases involving a fatality or near fatality 19.16 of a person served by the local social service agency prior to 19.17 the date of death. 19.18 (e) A person attending a citizen review panel meeting may 19.19 not disclose what transpired at the meeting, except to carry out 19.20 the purposes of the review panel. The proceedings and records 19.21 of the review panel are protected nonpublic data as defined in 19.22 section 13.02, subdivision 13, and are not subject to discovery 19.23 or introduction into evidence in a civil or criminal action 19.24 against a professional, the state, or county agency arising out 19.25 of the matters the panel is reviewing. Information, documents, 19.26 and records otherwise available from other sources are not 19.27 immune from discovery or use in a civil or criminal action 19.28 solely because they were presented during proceedings of the 19.29 review panel. A person who presented information before the 19.30 review panel or who is a member of the panel is not prevented 19.31 from testifying about matters within the person's knowledge. 19.32 However, in a civil or criminal proceeding, a person must not be 19.33 questioned about the person's presentation of information to the 19.34 review panel or opinions formed by the person as a result of the 19.35 review panel meetings. 19.36 Sec. 10. Minnesota Statutes 1997 Supplement, section 20.1 256.82, subdivision 2, is amended to read: 20.2 Subd. 2. [FOSTER CARE MAINTENANCE PAYMENTS.] 20.3 Notwithstanding subdivision 1, for the purposes of foster care 20.4 maintenance payments under title IV-E of the federal Social 20.5 Security Act, United States Code, title 42, sections 670 to 676, 20.6 during the period beginning July 1, 1985, and ending December 20.7 31, 1985, the county paying the maintenance costs shall be 20.8 reimbursed for the costs from those federal funds available for 20.9 that purpose together with an amount of state funds equal to a 20.10 percentage of the difference between the total cost and the 20.11 federal funds made available for payment. This percentage shall 20.12 not exceed the percentage specified in subdivision 1 for the aid 20.13 to families with dependent children program. In the event that 20.14 the state appropriation for this purpose is less than the state 20.15 percentage set in subdivision 1, the reimbursement shall be 20.16 ratably reduced to the county. Beginning January 1, 1986, for 20.17 the purpose of foster care maintenance payments under title IV-E 20.18 of the Social Security Act, United States Code, title 42, 20.19 sections 670 to 676, the county paying the maintenance costs 20.20 must be reimbursed for the costs from the federal money 20.21 available for the purpose. Beginning July 1, 1997, for the 20.22 purposes of determining a child's eligibility under title IV-E 20.23 of the Social Security Act, the placing agency shall use AFDC 20.24 requirements in effect onJune 1, 1995July 16, 1996. 20.25 Sec. 11. Minnesota Statutes 1997 Supplement, section 20.26 257.071, subdivision 1d, is amended to read: 20.27 Subd. 1d. [RELATIVE SEARCH; NATURE.] (a) Within six months 20.28 after a child is initially placed in a residential facility, the 20.29 local social service agency shall identify any relatives of the 20.30 child and notify them of the need for a foster care home for the 20.31 child and of the possibility of the need for a permanent 20.32 out-of-home placement of the child, and. Relatives should also 20.33 be notified that a decision not to be a placement resource at 20.34 the beginning of the case may affect the relative'srightbeing 20.35 considered to have the child placed with that relative later. 20.36 The relatives must be notified that they must keep the local 21.1 social service agency informed of their current address in order 21.2 to receive noticeof anythat a permanent placementhearingis 21.3 being sought for the child. A relative who fails to provide a 21.4 current address to the local social service agency forfeits the 21.5 right to notice of the possibility of permanent placement. 21.6 (b) Unless relieved of this duty by the court because the 21.7 child is placed with an appropriate relative who wishes to 21.8 provide a permanent home for the child, when the agency 21.9 determines that it is necessary to prepare for the permanent 21.10 placement determination hearing, or in anticipation of filing a 21.11 termination of parental rights petition, the agency shall send 21.12 notice to the relatives, any adult with whom the child is 21.13 currently residing, any adult with whom the child has resided 21.14 for one year or longer in the past, and any adults who have 21.15 maintained a relationship or exercised visitation with the child 21.16 as identified in the agency case plan. The notice must state 21.17 that a permanent home is sought for the child and that the 21.18 individuals receiving the notice may indicate to the agency 21.19 their interest in providing a permanent home.The notice must21.20contain an advisory that if the relative chooses not to be a21.21placement resource at the beginning of the case, this may affect21.22the relative's rights to have the child placed with that21.23relative permanently later on.The notice must state that 21.24 within 30 days of receipt of the notice an individual receiving 21.25 the notice must indicate to the agency the individual's interest 21.26 in providing a permanent home for the child or that the 21.27 individual may lose the opportunity to be considered for a 21.28 permanent placement. This notice need not be sent if the child 21.29 is placed with an appropriate relative who wishes to provide a 21.30 permanent home for the child. 21.31 Sec. 12. Minnesota Statutes 1996, section 257.42, is 21.32 amended to read: 21.33 257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 21.34 The "appropriate public authorities" as used in article 3 21.35 of the interstate compact on the placement of children shall, 21.36 with reference to this state, mean theMinnesota department22.1 commissioner of human servicesand said department. The 22.2 commissioner of human services or the commissioner's delegate 22.3 shall receive and act with reference to notices required by said 22.4 article 3. 22.5 Sec. 13. Minnesota Statutes 1996, section 257.43, is 22.6 amended to read: 22.7 257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.] 22.8 As used in paragraph (a) of article 5 of the interstate 22.9 compact on the placement of children, the phrase "appropriate 22.10 authority in the receiving state" with reference to this state 22.11 shall mean the commissioner of human services or the 22.12 commissioner's delegate. 22.13 Sec. 14. Minnesota Statutes 1997 Supplement, section 22.14 257.85, subdivision 5, is amended to read: 22.15 Subd. 5. [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A 22.16 relative custody assistance agreement will not be effective, 22.17 unless it is signed by the local agency and the relative 22.18 custodian no later than 30 days after the date of the order 22.19 establishing permanent legal and physical custody with the 22.20 relative, except that a local agency may enter into a relative 22.21 custody assistance agreement with a relative custodian more than 22.22 30 days after the date of the order if it certifies that the 22.23 delay in entering the agreement was through no fault of the 22.24 relative custodian. There must be a separate agreement for each 22.25 child for whom the relative custodian is receiving relative 22.26 custody assistance. 22.27 (b) Regardless of when the relative custody assistance 22.28 agreement is signed by the local agency and relative custodian, 22.29 the effective date of the agreement shall bethe first day of22.30the month followingthe date of the order establishing permanent 22.31 legal and physical custodyor the date that the last party signs22.32the agreement, whichever occurs later. 22.33 (c) If MFIP-S is not the applicable program for a child at 22.34 the time that a relative custody assistance agreement is entered 22.35 on behalf of the child, when MFIP-S becomes the applicable 22.36 program, if the relative custodian had been receiving custody 23.1 assistance payments calculated based upon a different program, 23.2 the amount of relative custody assistance payment under 23.3 subdivision 7 shall be recalculated under the MFIP-S program. 23.4 (d) The relative custody assistance agreement shall be in a 23.5 form specified by the commissioner and shall include provisions 23.6 relating to the following: 23.7 (1) the responsibilities of all parties to the agreement; 23.8 (2) the payment terms, including the financial 23.9 circumstances of the relative custodian, the needs of the child, 23.10 the amount and calculation of the relative custody assistance 23.11 payments, and that the amount of the payments shall be 23.12 reevaluated annually; 23.13 (3) the effective date of the agreement, which shall also 23.14 be the anniversary date for the purpose of submitting the annual 23.15 affidavit under subdivision 8; 23.16 (4) that failure to submit the affidavit as required by 23.17 subdivision 8 will be grounds for terminating the agreement; 23.18 (5) the agreement's expected duration, which shall not 23.19 extend beyond the child's eighteenth birthday; 23.20 (6) any specific known circumstances that could cause the 23.21 agreement or payments to be modified, reduced, or terminated and 23.22 the relative custodian's appeal rights under subdivision 9; 23.23 (7) that the relative custodian must notify the local 23.24 agency within 30 days of any of the following: 23.25 (i) a change in the child's status; 23.26 (ii) a change in the relationship between the relative 23.27 custodian and the child; 23.28 (iii) a change in composition or level of income of the 23.29 relative custodian's family; 23.30 (iv) a change in eligibility or receipt of benefits under 23.31 AFDC, MFIP-S, or other assistance program; and 23.32 (v) any other change that could affect eligibility for or 23.33 amount of relative custody assistance; 23.34 (8) that failure to provide notice of a change as required 23.35 by clause (7) will be grounds for terminating the agreement; 23.36 (9) that the amount of relative custody assistance is 24.1 subject to the availability of state funds to reimburse the 24.2 local agency making the payments; 24.3 (10) that the relative custodian may choose to temporarily 24.4 stop receiving payments under the agreement at any time by 24.5 providing 30 days' notice to the local agency and may choose to 24.6 begin receiving payments again by providing the same notice but 24.7 any payments the relative custodian chooses not to receive are 24.8 forfeit; and 24.9 (11) that the local agency will continue to be responsible 24.10 for making relative custody assistance payments under the 24.11 agreement regardless of the relative custodian's place of 24.12 residence. 24.13 Sec. 15. Minnesota Statutes 1997 Supplement, section 24.14 259.22, subdivision 4, is amended to read: 24.15 Subd. 4. [TIME FOR FILING PETITION.] A petition shall be 24.16 filed not later than2412 months after a child is placed in a 24.17 prospective adoptive home. If a petition is not filed by that 24.18 time, the agency that placed the child, or, in a direct adoptive 24.19 placement, the agency that is supervising the placement shall 24.20 file with the district court in the county where the prospective 24.21 adoptive parent resides a motion for an order and a report 24.22 recommending one of the following: 24.23 (1) that the time for filing a petition be extended because 24.24 of the child's special needs as defined under title IV-E of the 24.25 Social Security Act, United States Code, title 42, section 673; 24.26 (2) that, based on a written plan for completing filing of 24.27 the petition, including a specific timeline, to which the 24.28 prospective adoptive parents have agreed, the time for filing a 24.29 petition be extended long enough to complete the plan because 24.30 such an extension is in the best interests of the child and 24.31 additional time is needed for the child to adjust to the 24.32 adoptive home; or 24.33 (3) that the child be removed from the prospective adoptive 24.34 home. 24.35 The prospective adoptive parent must reimburse an agency 24.36 for the cost of preparing and filing the motion and report under 25.1 this section, unless the costs are reimbursed by the 25.2 commissioner under section 259.67 or 259.73. 25.3 Sec. 16. Minnesota Statutes 1996, section 259.24, 25.4 subdivision 1, is amended to read: 25.5 Subdivision 1. [EXCEPTIONS.] No child shall be adopted 25.6 without the consent of the child's parents and the child's 25.7 guardian, if there be one, except in the following instances: 25.8 (a) Consent shall not be required of a parent not entitled 25.9 to notice of the proceedings. 25.10 (b) Consent shall not be required of a parent who has 25.11 abandoned the child, or of a parent who has lost custody of the 25.12 child through a divorce decree or a decree of dissolution, and 25.13 upon whom notice has been served as required by section 259.49. 25.14 (c) Consent shall not be required of a parent whose 25.15 parental rights to the child have been terminated by a juvenile 25.16 court or who has lost custody of a child through a final 25.17 commitment of the juvenile court or through a decree in a prior 25.18 adoption proceeding. 25.19 (d) If there be no parent or guardian qualified to consent 25.20 to the adoption, the consent may be given by the commissioner. 25.21 (e) The commissioner or agency having authority to place a 25.22 child for adoption pursuant to section 259.25, subdivision 1, 25.23 shall have the exclusive right to consent to the adoption of 25.24 such child. Notwithstanding any rule to the contrary, the 25.25 commissioner may delegate the right to consent to the adoption 25.26 or separation of siblings, if it is in the child's best 25.27 interest, to a local social services agency. 25.28 Sec. 17. Minnesota Statutes 1996, section 259.37, 25.29 subdivision 2, is amended to read: 25.30 Subd. 2. [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE 25.31 PARENTS.] An agency shall provide a disclosure statement written 25.32 in clear, plain language to be signed by the prospective 25.33 adoptive parents and birth parents, except that in intercountry 25.34 adoptions, the signatures of birth parents are not required. 25.35 The disclosure statement must contain the following information: 25.36 (1) fees charged to the adoptive parent, including any 26.1 policy on sliding scale fees or fee waivers and an itemization 26.2 of the amount that will be charged for the adoption study, 26.3 counseling, postplacement services, family of origin searches, 26.4 birth parent expenses authorized under section 259.55, or any 26.5 other services; 26.6 (2) timeline for the adoptive parent to make fee payments; 26.7 (3) likelihood, given the circumstances of the prospective 26.8 adoptive parent and any specific program to which the 26.9 prospective adoptive parent is applying, that an adoptive 26.10 placement may be made and the estimated length of time for 26.11 making an adoptive placement. These estimates must be based on 26.12 adoptive placements made with prospective parents in similar 26.13 circumstances applying to a similar program with the agency 26.14 during the immediately preceding three to five years. If an 26.15 agency has not been in operation for at least three years, it 26.16 must provide summary data based on whatever adoptive placements 26.17 it has made and may include a statement about the kind of 26.18 efforts it will make to achieve an adoptive placement, including 26.19 a timetable it will follow in seeking a child. The estimates 26.20 must include a statement that the agency cannot guarantee 26.21 placement of a child or a time by which a child will be placed; 26.22 (4) a statement of the services the agency will provide the 26.23 birth and adoptive parents; 26.24 (5) a statement prepared by the commissioner under section 26.25 259.39 that explains the child placement and adoption process 26.26 and the respective legal rights and responsibilities of the 26.27 birth parent and prospective adoptive parent during the process 26.28 including a statement that the prospective adoptive parent is 26.29 responsible for filing an adoption petition not later than2412 26.30 months after the child is placed in the prospective adoptive 26.31 home; 26.32 (6) a statement regarding any information the agency may 26.33 have about attorney referral services, or about obtaining 26.34 assistance with completing legal requirements for an adoption; 26.35 and 26.36 (7) an acknowledgment to be signed by the birth parent and 27.1 prospective adoptive parent that they have received, read, and 27.2 had the opportunity to ask questions of the agency about the 27.3 contents of the disclosure statement. 27.4 Sec. 18. Minnesota Statutes 1997 Supplement, section 27.5 259.47, subdivision 3, is amended to read: 27.6 Subd. 3. [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 27.7 is placed in a prospective adoptive home by a birth parent or 27.8 legal guardian, other than an agency, the placement must be 27.9 approved by the district court in the county where the 27.10 prospective adoptive parent resides. An order under this 27.11 subdivision or subdivision 6 shall state that the prospective 27.12 adoptive parent's right to custody of the child is subject to 27.13 the birth parent's right to custody until the consents to the 27.14 child's adoption become irrevocable. At the time of placement, 27.15 prospective adoptive parents must have for the child qualifying 27.16 existing coverage as defined in section 62L.02, subdivision 24, 27.17 or other similar comprehensive health care coverage. The 27.18 preadoptive custody order must include any agreement reached 27.19 between the prospective adoptive parent and the birth parent 27.20 regarding authority to make decisions for medical care of the 27.21 child and responsibility for payment not provided by the 27.22 adoptive parent's existing health care coverage. The 27.23 prospective adoptive parent must meet the residence requirements 27.24 of section 259.22, subdivision 1, and must file with the court 27.25 an affidavit of intent to remain a resident of the state for at 27.26 least three months after the child is placed in the prospective 27.27 adoptive home. The prospective adoptive parent shall file with 27.28 the court a notice of intent to file an adoption petition and 27.29 submit a written motion seeking an order granting temporary 27.30 preadoptive custody. The notice and motion required under this 27.31 subdivision may be considered by the court ex parte, without a 27.32 hearing. The prospective adoptive parent shall serve a copy of 27.33 the notice and motion upon any parent whose consent is required 27.34 under section 259.24 or who is named in the affidavit required 27.35 under paragraph (b) if that person's mailing address is known. 27.36 The motion may be filed up to 60 days before the placement is to 28.1 be made and must include: 28.2 (1) the adoption study required under section 259.41; 28.3 (2) affidavits from the birth parents indicating their 28.4 support of the motion, or, if there is no affidavit from the 28.5 birth father, an affidavit from the birth mother under paragraph 28.6 (b); 28.7 (3) an itemized statement of expenses that have been paid 28.8 and an estimate of expenses that will be paid by the prospective 28.9 adoptive parents to the birth parents, any agency, attorney, or 28.10 other party in connection with the prospective adoption; 28.11 (4) the name of counsel for each party, if any; 28.12 (5) a statement that the birth parents: 28.13 (i) have provided the social and medical history required 28.14 under section 259.43 to the prospective adoptive parent; 28.15 (ii) have received the written statement of their legal 28.16 rights and responsibilities under section 259.39; and 28.17 (iii) have been notified of their right to receive 28.18 counseling under subdivision 4; and 28.19 (6) the name of the agency chosen by the adoptive parent to 28.20 supervise the adoptive placement and complete the postplacement 28.21 assessment required by section 259.53, subdivision 2. 28.22 The court shall review the expense statement submitted 28.23 under this subdivision to determine whether payments made or to 28.24 be made by the prospective adoptive parent are lawful and in 28.25 accordance with section 259.55, subdivision 1. 28.26 (b) If the birth mother submits the affidavit required in 28.27 paragraph (a), clause (2), but the birth father fails to do so, 28.28 the birth mother must submit an additional affidavit that 28.29 describes her good faith efforts or efforts made on her behalf 28.30 to identify and locate the birth father for purposes of securing 28.31 his consent. In the following circumstances the birth mother 28.32 may instead submit an affidavit stating on which ground she is 28.33 exempt from making efforts to identify and locate the father: 28.34 (1) the child was conceived as the result of incest or 28.35 rape; 28.36 (2) efforts to locate the father by the affiant or anyone 29.1 acting on the affiant's behalf could reasonably result in 29.2 physical harm to the birth mother or child; or 29.3 (3) efforts to locate the father by the affiant or anyone 29.4 acting on the affiant's behalf could reasonably result in severe 29.5 emotional distress of the birth mother or child. 29.6 A court shall consider the motion for temporary preadoptive 29.7 custody within 30 days of receiving the motion or by the 29.8 anticipated placement date stated in the motion, whichever comes 29.9 sooner. 29.10 Sec. 19. Minnesota Statutes 1997 Supplement, section 29.11 259.58, is amended to read: 29.12 259.58 [COMMUNICATION OR CONTACT AGREEMENTS.] 29.13 Adoptive parents and a birth relative may enter an 29.14 agreement regarding communication with or contact between an 29.15 adopted minor, adoptive parents, and a birth relative under this 29.16 section. An agreement may be entered between: 29.17 (1) adoptive parents and a birth parent; 29.18 (2) adoptive parents andaany other birth relative with 29.19 whom the child resided before being adopted; or 29.20(2)(3) adoptive parents and any other birth relative if 29.21 the child is adopted by a birth relative upon the death of both 29.22 birth parents. 29.23 For purposes of this section, "birth relative" means a 29.24 parent, stepparent, grandparent, brother, sister, uncle, or aunt 29.25 of a minor adoptee. This relationship may be by blood or 29.26 marriage. For an Indian child, birth relative includes members 29.27 of the extended family as defined by the law or custom of the 29.28 Indian child's tribe or, in the absence of laws or custom, 29.29 nieces, nephews, or first or second cousins, as provided in the 29.30 Indian Child Welfare Act, United States Code, title 25, section 29.31 1903. 29.32 (a) An agreement regarding communication with or contact 29.33 between minor adoptees, adoptive parents, and a birth relative 29.34 is not legally enforceable unless the terms of the agreement are 29.35 contained in a written court order entered in accordance with 29.36 this section. An order must be sought at the same time a 30.1 petition for adoption is filed. The court shall not enter a 30.2 proposed order unless the terms of the order have been approved 30.3 in writing by the prospective adoptive parents, a birth relative 30.4 who desires to be a party to the agreement, and, if the child is 30.5 in the custody of or under the guardianship of an agency, a 30.6 representative of the agency. An agreement under this section 30.7 need not disclose the identity of the parties to be legally 30.8 enforceable. The court shall not enter a proposed order unless 30.9 the court finds that the communication or contact between the 30.10 minor adoptee, the adoptive parents, and a birth relative as 30.11 agreed upon and contained in the proposed order would be in the 30.12 minor adoptee's best interests. 30.13 (b) Failure to comply with the terms of an agreed order 30.14 regarding communication or contact that has been entered by the 30.15 court under this section is not grounds for: 30.16 (1) setting aside an adoption decree; or 30.17 (2) revocation of a written consent to an adoption after 30.18 that consent has become irrevocable. 30.19 (c) An agreed order entered under this section may be 30.20 enforced by filing a petition or motion with the family court 30.21 that includes a certified copy of the order granting the 30.22 communication, contact, or visitation, but only if the petition 30.23 or motion is accompanied by an affidavit that the parties have 30.24 mediated or attempted to mediate any dispute under the agreement 30.25 or that the parties agree to a proposed modification. The 30.26 prevailing party may be awarded reasonable attorney's fees and 30.27 costs. The court shall not modify an agreed order under this 30.28 section unless it finds that the modification is necessary to 30.29 serve the best interests of the minor adoptee, and: 30.30 (1) the modification is agreed to by the adoptive parent 30.31 and the birth relative; or 30.32 (2) exceptional circumstances have arisen since the agreed 30.33 order was entered that justify modification of the order. 30.34 Sec. 20. Minnesota Statutes 1997 Supplement, section 30.35 259.60, subdivision 2, is amended to read: 30.36 Subd. 2. [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER; 31.1 DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in 31.2 paragraph (b), a person, whose adoption of a child under the 31.3 laws of a foreign country is valid in this state under 31.4 subdivision 1, may petition the district court in the county 31.5 where the adoptive parent resides for a decree confirming and 31.6 recognizing the adoption, changing the child's legal name, if 31.7 requested in the petition, andforauthorizing the commissioner 31.8 of health to issue a new birth certificate for the child under 31.9 section 144.218, subdivision 2. 31.10 (b) A court shall issue the decreeand birth31.11certificatedescribed in paragraph (a) upon receipt of the 31.12 following documents: 31.13 (1) a petition by the adoptive parentrequesting that the31.14court issue a Minnesota birth certificate, andstating that the 31.15 adoptive parent completed adoption of the child under the laws 31.16 of a foreign country and that the adoption is valid in this 31.17 state under subdivision 1 and requesting that the court issue a 31.18 decree confirming and recognizing the adoption, changing the 31.19 child's legal name, if desired, and authorizing the commissioner 31.20 of health to issue a new birth certificate for the child under 31.21 section 144.218, subdivision 2. The petition must be in the 31.22 form of a signed, sworn, and notarized statement; 31.23 (2) a copy of the child's original birth certificate, if 31.24 available; 31.25 (3) a copy of the final adoption certificate or equivalent 31.26 as issued by the foreign jurisdiction; 31.27 (4) a copy of the child's passport including the United 31.28 States visa indicating IR-3 immigration status; and 31.29 (5) certified English translations of any of the documents 31.30 in clauses (2) to (4) that are not written in the English 31.31 language. 31.32 (c) Upon issuing a decree under this section, the court 31.33 shall forward to the commissioners of health and human services 31.34 a copy of the decree. The court shall also complete and forward 31.35 to the commissioner of health the certificate of adoption, 31.36 unless another form has been specified by the commissioner of 32.1 health. 32.2 Sec. 21. Minnesota Statutes 1996, section 260.011, 32.3 subdivision 2, is amended to read: 32.4 Subd. 2. (a) The paramount consideration in all 32.5 proceedings concerning a child alleged or found to be in need of 32.6 protection or services is the health, safety, and best interests 32.7 of the child. In proceedings involving an American Indian 32.8 child, as defined in section 257.351, subdivision 6, the best 32.9 interests of the child must be determined consistent with 32.10 sections 257.35 to 257.3579 and the Indian Child Welfare Act, 32.11 United States Code, title 25, sections 1901 to 1923. The 32.12 purpose of the laws relating to juvenile courts is to secure for 32.13 each child alleged or adjudicated in need of protection or 32.14 services and under the jurisdiction of the court, the care and 32.15 guidance, preferably in the child's own home, as will best serve 32.16 the spiritual, emotional, mental, and physical welfare of the 32.17 child; to provide judicial procedures which protect the welfare 32.18 of the child; to preserve and strengthen the child's family ties 32.19 whenever possible and in the child's best interests, removing 32.20 the child from the custody of parents only when the child's 32.21 welfare or safety cannot be adequately safeguarded without 32.22 removal; and, when removal from the child's own family is 32.23 necessary and in the child's best interests, to secure for the 32.24 child custody, care and discipline as nearly as possible 32.25 equivalent to that which should have been given by the parents. 32.26 (b) The purpose of the laws relating to termination of 32.27 parental rights is to ensure that: 32.28 (1) reasonable efforts have been made by the social service 32.29 agency to reunite the child with the child's parents in a 32.30 placement that is safe and permanent; and 32.31 (2) if placement with the parents is not reasonably 32.32 foreseeable, to secure for the child a safe and permanent 32.33 placement, preferably with adoptive parents. 32.34 Nothing in this section requires reasonable efforts to be 32.35 made in circumstances where the court has determined that the 32.36 child has been subjected to egregious harm or the parental 33.1 rights of the parent to a sibling have been involuntarily 33.2 terminated. 33.3 The paramount consideration in all proceedings for the 33.4 termination of parental rights is the best interests of the 33.5 child. In proceedings involving an American Indian child, as 33.6 defined in section 257.351, subdivision 6, the best interests of 33.7 the child must be determined consistent with the Indian Child 33.8 Welfare Act of 1978, United States Code, title 25, section 1901, 33.9 et seq. 33.10 (c) The purpose of the laws relating to children alleged or 33.11 adjudicated to be delinquent is to promote the public safety and 33.12 reduce juvenile delinquency by maintaining the integrity of the 33.13 substantive law prohibiting certain behavior and by developing 33.14 individual responsibility for lawful behavior. This purpose 33.15 should be pursued through means that are fair and just, that 33.16 recognize the unique characteristics and needs of children, and 33.17 that give children access to opportunities for personal and 33.18 social growth. 33.19 (d) The laws relating to juvenile courts shall be liberally 33.20 construed to carry out these purposes. 33.21 Sec. 22. Minnesota Statutes 1997 Supplement, section 33.22 260.012, is amended to read: 33.23 260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 33.24 REUNIFICATION; REASONABLE EFFORTS.] 33.25 (a) If a child in need of protection or services is under 33.26 the court's jurisdiction, the court shall ensure that reasonable 33.27 efforts including culturally appropriate services by the social 33.28 service agency are made to prevent placement or to eliminate the 33.29 need for removal and to reunite the child with the child's 33.30 family at the earliest possible time, consistent with the best 33.31 interests, safety, and protection of the child. The court may, 33.32 upon motion and hearing, order the cessation of reasonable 33.33 efforts if the court finds that provision of services or further 33.34 services for the purpose of rehabilitation and reunification is 33.35 futile and therefore unreasonable under the circumstances. In 33.36 determining reasonable efforts to be made with respect to a 34.1 child and in making those reasonable efforts, the child's health 34.2 and safety must be of paramount concern. Reasonable efforts are 34.3 not required if the court determines that: 34.4 (1) a termination of parental rights petition has been 34.5 filed stating a prima facie case that the parent has subjected 34.6 the child to egregious harm as defined in section 260.015, 34.7 subdivision 29, or the parental rights of the parent to a 34.8 sibling have been terminated involuntarily; or 34.9 (2) a determination not to proceed with a termination of 34.10 parental rights petition on these grounds was made under section 34.11 260.221, subdivision 1b, paragraph (b), and a permanency hearing 34.12 is held within 30 days of the determination. 34.13 In the case of an Indian child, in proceedings under sections 34.14 260.172, 260.191, and 260.221 the juvenile court must make 34.15 findings and conclusions consistent with the Indian Child 34.16 Welfare Act of 1978, United States Code, title 25, section 1901 34.17 et seq., as to the provision of active efforts. If a child is 34.18 under the court's delinquency jurisdiction, it shall be the duty 34.19 of the court to ensure that reasonable efforts are made to 34.20 reunite the child with the child's family at the earliest 34.21 possible time, consistent with the best interests of the child 34.22 and the safety of the public. 34.23 (b) "Reasonable efforts" means the exercise of due 34.24 diligence by the responsible social service agency to use 34.25 appropriate and available services to meet the needs of the 34.26 child and the child's family in order to prevent removal of the 34.27 child from the child's family; or upon removal, services to 34.28 eliminate the need for removal and reunite the family. Services 34.29 may include those listed under section 256F.07, subdivision 3, 34.30 and other appropriate services available in the community. The 34.31 social service agency has the burden of demonstrating that it 34.32 has made reasonable efforts or that provision of services or 34.33 further services for the purpose of rehabilitation and 34.34 reunification is futile and therefore unreasonable under the 34.35 circumstances. Reunification of a surviving child with a parent 34.36 is not required if the parent has been convicted of: 35.1 (1) a violation of, or an attempt or conspiracy to commit a 35.2 violation of, sections 609.185 to 609.20; 609.222, subdivision 35.3 2; or 609.223 in regard to another child of the parent; 35.4 (2) a violation of section 609.222, subdivision 2; or 35.5 609.223, in regard to the surviving child; or 35.6 (3) a violation of, or an attempt or conspiracy to commit a 35.7 violation of, United States Code, title 18, section 1111(a) or 35.8 1112(a), in regard to another child of the parent. 35.9 (c) The juvenile court, in proceedings under sections 35.10 260.172, 260.191, and 260.221 shall make findings and 35.11 conclusions as to the provision of reasonable efforts. When 35.12 determining whether reasonable efforts have been made, the court 35.13 shall consider whether services to the child and family were: 35.14 (1) relevant to the safety and protection of the child; 35.15 (2) adequate to meet the needs of the child and family; 35.16 (3) culturally appropriate; 35.17 (4) available and accessible; 35.18 (5) consistent and timely; and 35.19 (6) realistic under the circumstances. 35.20 In the alternative, the court may determine that provision 35.21 of services or further services for the purpose of 35.22 rehabilitation is futile and therefore unreasonable under the 35.23 circumstances or that reasonable efforts are not required as 35.24 provided in paragraph (a). 35.25 (d) This section does not prevent out-of-home placement for 35.26 treatment of a child with a mental disability when the child's 35.27 diagnostic assessment or individual treatment plan indicates 35.28 that appropriate and necessary treatment cannot be effectively 35.29 provided outside of a residential or inpatient treatment program. 35.30 (e) If continuation of reasonable efforts described in 35.31 paragraph (b) is determined to be inconsistent with the 35.32 permanency plan for the child, reasonable efforts must be made 35.33 to place the child in a timely manner in accordance with the 35.34 permanency plan and to complete whatever steps are necessary to 35.35 finalize the permanency plan for the child. 35.36 (f) Reasonable efforts to place a child for adoption or in 36.1 another permanent placement may be made concurrently with 36.2 reasonable efforts as described in paragraphs (a) and (b). 36.3 Effective July 1, 1999, concurrent permanency planning must be 36.4 done along with reasonable efforts described in paragraphs (a) 36.5 and (b), as provided in article 3, section 1. 36.6 Sec. 23. Minnesota Statutes 1997 Supplement, section 36.7 260.015, subdivision 2a, is amended to read: 36.8 Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] 36.9 "Child in need of protection or services" means a child who is 36.10 in need of protection or services because the child: 36.11 (1) is abandoned or without parent, guardian, or custodian; 36.12 (2)(i) has been a victim of physical or sexual abuse, (ii) 36.13 resides with or has resided with a victim of domestic child 36.14 abuse as defined in subdivision 24, (iii) resides with or would 36.15 reside with a perpetrator of domestic child abuse or child abuse 36.16 as defined in subdivision 28, or (iv) is a victim of emotional 36.17 maltreatment as defined in subdivision 5a; 36.18 (3) is without necessary food, clothing, shelter, 36.19 education, or other required care for the child's physical or 36.20 mental health or morals because the child's parent, guardian, or 36.21 custodian is unable or unwilling to provide that care; 36.22 (4) is without the special care made necessary by a 36.23 physical, mental, or emotional condition because the child's 36.24 parent, guardian, or custodian is unable or unwilling to provide 36.25 that care; 36.26 (5) is medically neglected, which includes, but is not 36.27 limited to, the withholding of medically indicated treatment 36.28 from a disabled infant with a life-threatening condition. The 36.29 term "withholding of medically indicated treatment" means the 36.30 failure to respond to the infant's life-threatening conditions 36.31 by providing treatment, including appropriate nutrition, 36.32 hydration, and medication which, in the treating physician's or 36.33 physicians' reasonable medical judgment, will be most likely to 36.34 be effective in ameliorating or correcting all conditions, 36.35 except that the term does not include the failure to provide 36.36 treatment other than appropriate nutrition, hydration, or 37.1 medication to an infant when, in the treating physician's or 37.2 physicians' reasonable medical judgment: 37.3 (i) the infant is chronically and irreversibly comatose; 37.4 (ii) the provision of the treatment would merely prolong 37.5 dying, not be effective in ameliorating or correcting all of the 37.6 infant's life-threatening conditions, or otherwise be futile in 37.7 terms of the survival of the infant; or 37.8 (iii) the provision of the treatment would be virtually 37.9 futile in terms of the survival of the infant and the treatment 37.10 itself under the circumstances would be inhumane; 37.11 (6) is one whose parent, guardian, or other custodian for 37.12 good cause desires to be relieved of the child's care and 37.13 custody; 37.14 (7) has been placed for adoption or care in violation of 37.15 law; 37.16 (8) is without proper parental care because of the 37.17 emotional, mental, or physical disability, or state of 37.18 immaturity of the child's parent, guardian, or other custodian; 37.19 (9) is one whose behavior, condition, or environment is 37.20 such as to be injurious or dangerous to the child or others. An 37.21 injurious or dangerous environment may include, but is not 37.22 limited to, the exposure of a child to criminal activity in the 37.23 child's home; 37.24 (10) has engaged in prostitution as defined in section 37.25 609.321, subdivision 9; 37.26(10)(11) has committed a delinquent act before becoming 37.27 ten years old; 37.28(11)(12) is a runaway; 37.29(12)(13) is an habitual truant; 37.30(13)(14) has been found incompetent to proceed or has been 37.31 found not guilty by reason of mental illness or mental 37.32 deficiency in connection with a delinquency proceeding, a 37.33 certification under section 260.125, an extended jurisdiction 37.34 juvenile prosecution, or a proceeding involving a juvenile petty 37.35 offense; 37.36(14)(15) is one whose custodial parent's parental rights 38.1 to another child have been involuntarily terminated within the 38.2 past five years; or 38.3(15)(16) has been found by the court to have committed 38.4 domestic abuse perpetrated by a minor under Laws 1997, chapter 38.5 239, article 10, sections 2 to 26, has been ordered excluded 38.6 from the child's parent's home by an order for protection/minor 38.7 respondent, and the parent or guardian is either unwilling or 38.8 unable to provide an alternative safe living arrangement for the 38.9 child. 38.10 Sec. 24. Minnesota Statutes 1997 Supplement, section 38.11 260.015, subdivision 29, is amended to read: 38.12 Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the 38.13 infliction of bodily harm to a child or neglect of a child which 38.14 demonstrates a grossly inadequate ability to provide minimally 38.15 adequate parental care. The egregious harm need not have 38.16 occurred in the state or in the county where a termination of 38.17 parental rights action is otherwise properly venued. Egregious 38.18 harm includes, but is not limited to: 38.19 (1) conduct towards a child that constitutes a violation of 38.20 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 38.21 any other similar law of any other state; 38.22 (2) the infliction of "substantial bodily harm" to a child, 38.23 as defined in section 609.02, subdivision 8; 38.24 (3) conduct towards a child that constitutes felony 38.25 malicious punishment of a child under section 609.377; 38.26 (4) conduct towards a child that constitutes felony 38.27 unreasonable restraint of a child under section 609.255, 38.28 subdivision 3; 38.29 (5) conduct towards a child that constitutes felony neglect 38.30 or endangerment of a child under section 609.378; 38.31 (6) conduct towards a child that constitutes assault under 38.32 section 609.221, 609.222, or 609.223; 38.33 (7) conduct towards a child that constitutes solicitation, 38.34 inducement, or promotion of prostitution under section 609.322; 38.35 (8) conduct towards a child that constitutes receiving 38.36 profit derived from prostitution under section 609.323;or39.1 (9) conduct toward a child that constitutesa violation of39.2 murder or voluntary manslaughter as defined by United States 39.3 Code, title 18, section 1111(a) or 1112(a); or 39.4 (10) conduct toward a child that constitutes aiding or 39.5 abetting, attempting, conspiring, or soliciting to commit a 39.6 murder or voluntary manslaughter that constitutes a violation of 39.7 United States Code, title 18, section 1111(a) or 1112(a). 39.8 Sec. 25. Minnesota Statutes 1996, section 260.141, is 39.9 amended by adding a subdivision to read: 39.10 Subd. 4. [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 39.11 AND RELATIVES.] The foster parents, if any, of a child and any 39.12 preadoptive parent or relative providing care for the child must 39.13 be provided notice of and an opportunity to be heard in any 39.14 review or hearing to be held with respect to the child. Any 39.15 other relative may also request, and must be granted, a notice 39.16 and the opportunity to be heard under this section. This 39.17 subdivision does not require that a foster parent, preadoptive 39.18 parent, or relative providing care for the child be made a party 39.19 to a review or hearing solely on the basis of the notice and 39.20 opportunity to be heard. 39.21 Sec. 26. Minnesota Statutes 1997 Supplement, section 39.22 260.161, subdivision 2, is amended to read: 39.23 Subd. 2. [PUBLIC INSPECTION OF RECORDS.]Except as39.24otherwise provided in this section, and except for(a) Legal 39.25 records arising from proceedings or portions of proceedings that 39.26 are public under section 260.155, subdivision 1, are open to 39.27 public inspection. 39.28 (b) The following records from proceedings or portions of 39.29 proceedings involving a child in need of protection or services 39.30 that are open to the public as authorized by supreme court order 39.31 and court rules are accessible to the public unless the court 39.32 determines that access should be restricted because of the 39.33 intensely personal nature of the information: 39.34 (1) the summons and petition; 39.35 (2) affidavits of publication and service; 39.36 (3) certificates of representation; 40.1 (4) court orders; 40.2 (5) hearing and trial notices, witness lists, and 40.3 subpoenas; 40.4 (6) motions and legal memoranda; 40.5 (7) exhibits introduced at hearings or trial that are not 40.6 inaccessible under paragraph (c); 40.7 (8) birth certificates; and 40.8 (9) all other documents not listed as inaccessible to the 40.9 public under paragraph (c). 40.10 (c) The following records are not accessible to the public 40.11 under paragraph (b): 40.12 (1) written, audiotaped, or videotaped information from the 40.13 social service agency, except to the extent the information 40.14 appears in the petition, court orders, or other documents that 40.15 are accessible under paragraph (b); 40.16 (2) child protection intake or screening notes; 40.17 (3) documents identifying reporters of maltreatment, unless 40.18 the names and other identifying information are redacted; 40.19 (4) guardian ad litem reports; 40.20 (5) victim statements and addresses and telephone numbers; 40.21 (6) documents identifying nonparty witnesses under the age 40.22 of 18, unless the names and other identifying information are 40.23 redacted; 40.24 (7) transcripts of testimony taken during closed hearing; 40.25 (8) fingerprinting materials; 40.26 (9) psychological, psychiatric, and chemical dependency 40.27 evaluations; 40.28 (10) presentence evaluations of juveniles and probation 40.29 reports; 40.30 (11) medical records and test results; 40.31 (12) reports issued by sexual predator programs; 40.32 (13) diversion records of juveniles; and 40.33 (14) any document which the court, upon its own motion or 40.34 upon motion of a party, orders inaccessible to serve the best 40.35 interests of the child. 40.36 In addition, records that are accessible to the public 41.1 under paragraph (b) become inaccessible to the public if one 41.2 year has elapsed since either the proceeding was dismissed or 41.3 the court's jurisdiction over the matter was terminated. 41.4 (d) Except as otherwise provided by this section, none of 41.5 the records of the juvenile court and none of the records 41.6 relating to an appeal from a nonpublic juvenile court 41.7 proceeding, except the written appellate opinion, shall be open 41.8 to public inspection or their contents disclosed except (a) by 41.9 order of a court, (b) as required by sections 245A.04, 611A.03, 41.10 611A.04, 611A.06, and 629.73, or (c) the name of a juvenile who 41.11 is the subject of a delinquency petition shall be released to 41.12 the victim of the alleged delinquent act upon the victim's 41.13 request; unless it reasonably appears that the request is 41.14 prompted by a desire on the part of the requester to engage in 41.15 unlawful activities. The records of juvenile probation officers 41.16 and county home schools are records of the court for the 41.17 purposes of this subdivision. Court services data relating to 41.18 delinquent acts that are contained in records of the juvenile 41.19 court may be released as allowed under section 13.84, 41.20 subdivision 5a. This subdivision applies to all proceedings 41.21 under this chapter, including appeals from orders of the 41.22 juvenile court, except that this subdivision does not apply to 41.23 proceedings under section 260.255, 260.261, or 260.315 when the 41.24 proceeding involves an adult defendant. The court shall 41.25 maintain the confidentiality of adoption files and records in 41.26 accordance with the provisions of laws relating to adoptions. 41.27 In juvenile court proceedings any report or social history 41.28 furnished to the court shall be open to inspection by the 41.29 attorneys of record and the guardian ad litem a reasonable time 41.30 before it is used in connection with any proceeding before the 41.31 court. 41.32 (e) When a judge of a juvenile court, or duly authorized 41.33 agent of the court, determines under a proceeding under this 41.34 chapter that a child has violated a state or local law, 41.35 ordinance, or regulation pertaining to the operation of a motor 41.36 vehicle on streets and highways, except parking violations, the 42.1 judge or agent shall immediately report the violation to the 42.2 commissioner of public safety. The report must be made on a 42.3 form provided by the department of public safety and must 42.4 contain the information required under section 169.95. 42.5 Sec. 27. Minnesota Statutes 1996, section 260.172, 42.6 subdivision 1, is amended to read: 42.7 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If 42.8 a child was taken into custody under section 260.165, 42.9 subdivision 1, clause (a) or (c)(2), the court shall hold a 42.10 hearing within 72 hours of the time the child was taken into 42.11 custody, excluding Saturdays, Sundays, and holidays, to 42.12 determine whether the child should continue in custody. 42.13 (b) In all other cases, the court shall hold a detention 42.14 hearing: 42.15 (1) within 36 hours of the time the child was taken into 42.16 custody, excluding Saturdays, Sundays, and holidays, if the 42.17 child is being held at a juvenile secure detention facility or 42.18 shelter care facility; or 42.19 (2) within 24 hours of the time the child was taken into 42.20 custody, excluding Saturdays, Sundays, and holidays, if the 42.21 child is being held at an adult jail or municipal lockup. 42.22 (c) Unless there is reason to believe that the child would 42.23 endanger self or others, not return for a court hearing, run 42.24 away from the child's parent, guardian, or custodian or 42.25 otherwise not remain in the care or control of the person to 42.26 whose lawful custody the child is released, or that the child's 42.27 health or welfare would be immediately endangered, the child 42.28 shall be released to the custody of a parent, guardian, 42.29 custodian, or other suitable person, subject to reasonable 42.30 conditions of release including, but not limited to, a 42.31 requirement that the child undergo a chemical use assessment as 42.32 provided in section 260.151, subdivision 1. In determining 42.33 whether the child's health or welfare would be immediately 42.34 endangered, the court shall consider whether the child would 42.35 reside with a perpetrator of domestic child abuse. In a 42.36 proceeding regarding a child in need of protection or services, 43.1 the court, before determining whether a child should continue in 43.2 custody, shall also make a determination, consistent with 43.3 section 260.012 as to whether reasonable efforts, or in the case 43.4 of an Indian child, active efforts, according to the Indian 43.5 Child Welfare Act of 1978, United States Code, title 25, section 43.6 1912(d), were made to prevent placement or to reunite the child 43.7 with the child's family, or that reasonable efforts were not 43.8 possible. The court shall also determine whether there are 43.9 available services that would prevent the need for further 43.10 detention. 43.11 If the court finds the social services agency's preventive 43.12 or reunification efforts have not been reasonable but further 43.13 preventive or reunification efforts could not permit the child 43.14 to safely remain at home, the court may nevertheless authorize 43.15 or continue the removal of the child. 43.16 The court may determine at the detention hearing, or at any 43.17 time prior to an adjudicatory hearing, that reasonable efforts 43.18 are not required because the facts, if proved, will demonstrate 43.19 that the parent has subjected the child to egregious harm as 43.20 defined in section 260.015, subdivision 29, or the parental 43.21 rights of the parent to a sibling of the child have been 43.22 terminated involuntarily. 43.23 Sec. 28. Minnesota Statutes 1997 Supplement, section 43.24 260.191, subdivision 1, is amended to read: 43.25 Subdivision 1. [DISPOSITIONS.] (a) If the court finds that 43.26 the child is in need of protection or services or neglected and 43.27 in foster care, it shall enter an order making any of the 43.28 following dispositions of the case: 43.29 (1) place the child under the protective supervision of the 43.30 local social services agency or child-placing agency in the 43.31 child's own home under conditions prescribed by the court 43.32 directed to the correction of the child's need for protection or 43.33 services; 43.34 (2) transfer legal custody to one of the following: 43.35 (i) a child-placing agency; or 43.36 (ii) the local social services agency. 44.1 In placing a child whose custody has been transferred under 44.2 this paragraph, the agencies shall follow the order of 44.3 preference stated in section 260.181, subdivision 3; 44.4 (3) if the child is in need of special treatment and care 44.5 for reasons of physical or mental health, the court may order 44.6 the child's parent, guardian, or custodian to provide it. If 44.7 the parent, guardian, or custodian fails or is unable to provide 44.8 this treatment or care, the court may order it provided. The 44.9 court shall not transfer legal custody of the child for the 44.10 purpose of obtaining special treatment or care solely because 44.11 the parent is unable to provide the treatment or care. If the 44.12 court's order for mental health treatment is based on a 44.13 diagnosis made by a treatment professional, the court may order 44.14 that the diagnosing professional not provide the treatment to 44.15 the child if it finds that such an order is in the child's best 44.16 interests; or 44.17 (4) if the court believes that the child has sufficient 44.18 maturity and judgment and that it is in the best interests of 44.19 the child, the court may order a child 16 years old or older to 44.20 be allowed to live independently, either alone or with others as 44.21 approved by the court under supervision the court considers 44.22 appropriate, if the county board, after consultation with the 44.23 court, has specifically authorized this dispositional 44.24 alternative for a child. 44.25 (b) If the child was adjudicated in need of protection or 44.26 services because the child is a runaway or habitual truant, the 44.27 court may order any of the following dispositions in addition to 44.28 or as alternatives to the dispositions authorized under 44.29 paragraph (a): 44.30 (1) counsel the child or the child's parents, guardian, or 44.31 custodian; 44.32 (2) place the child under the supervision of a probation 44.33 officer or other suitable person in the child's own home under 44.34 conditions prescribed by the court, including reasonable rules 44.35 for the child's conduct and the conduct of the parents, 44.36 guardian, or custodian, designed for the physical, mental, and 45.1 moral well-being and behavior of the child; or with the consent 45.2 of the commissioner of corrections, place the child in a group 45.3 foster care facility which is under the commissioner's 45.4 management and supervision; 45.5 (3) subject to the court's supervision, transfer legal 45.6 custody of the child to one of the following: 45.7 (i) a reputable person of good moral character. No person 45.8 may receive custody of two or more unrelated children unless 45.9 licensed to operate a residential program under sections 245A.01 45.10 to 245A.16; or 45.11 (ii) a county probation officer for placement in a group 45.12 foster home established under the direction of the juvenile 45.13 court and licensed pursuant to section 241.021; 45.14 (4) require the child to pay a fine of up to $100. The 45.15 court shall order payment of the fine in a manner that will not 45.16 impose undue financial hardship upon the child; 45.17 (5) require the child to participate in a community service 45.18 project; 45.19 (6) order the child to undergo a chemical dependency 45.20 evaluation and, if warranted by the evaluation, order 45.21 participation by the child in a drug awareness program or an 45.22 inpatient or outpatient chemical dependency treatment program; 45.23 (7) if the court believes that it is in the best interests 45.24 of the child and of public safety that the child's driver's 45.25 license or instruction permit be canceled, the court may order 45.26 the commissioner of public safety to cancel the child's license 45.27 or permit for any period up to the child's 18th birthday. If 45.28 the child does not have a driver's license or permit, the court 45.29 may order a denial of driving privileges for any period up to 45.30 the child's 18th birthday. The court shall forward an order 45.31 issued under this clause to the commissioner, who shall cancel 45.32 the license or permit or deny driving privileges without a 45.33 hearing for the period specified by the court. At any time 45.34 before the expiration of the period of cancellation or denial, 45.35 the court may, for good cause, order the commissioner of public 45.36 safety to allow the child to apply for a license or permit, and 46.1 the commissioner shall so authorize; 46.2 (8) order that the child's parent or legal guardian deliver 46.3 the child to school at the beginning of each school day for a 46.4 period of time specified by the court; or 46.5 (9) require the child to perform any other activities or 46.6 participate in any other treatment programs deemed appropriate 46.7 by the court. 46.8 To the extent practicable, the court shall enter a 46.9 disposition order the same day it makes a finding that a child 46.10 is in need of protection or services or neglected and in foster 46.11 care, but in no event more than 15 days after the finding unless 46.12 the court finds that the best interests of the child will be 46.13 served by granting a delay. If the child was under eight years 46.14 of age at the time the petition was filed, the disposition order 46.15 must be entered within ten days of the finding and the court may 46.16 not grant a delay unless good cause is shown and the court finds 46.17 the best interests of the child will be served by the delay. 46.18 (c) If a child who is 14 years of age or older is 46.19 adjudicated in need of protection or services because the child 46.20 is a habitual truant and truancy procedures involving the child 46.21 were previously dealt with by a school attendance review board 46.22 or county attorney mediation program under section 260A.06 or 46.23 260A.07, the court shall order a cancellation or denial of 46.24 driving privileges under paragraph (b), clause (7), for any 46.25 period up to the child's 18th birthday. 46.26 (d) In the case of a child adjudicated in need of 46.27 protection or services because the child has committed domestic 46.28 abuse and been ordered excluded from the child's parent's home, 46.29 the court shall dismiss jurisdiction if the court, at any time, 46.30 finds the parent is able or willing to provide an alternative 46.31 safe living arrangement for the child, as defined in Laws 1997, 46.32 chapter 239, article 10, section 2. 46.33 Sec. 29. Minnesota Statutes 1997 Supplement, section 46.34 260.191, subdivision 1a, is amended to read: 46.35 Subd. 1a. [WRITTEN FINDINGS.] Any order for a disposition 46.36 authorized under this section shall contain written findings of 47.1 fact to support the disposition ordered, and shall also set 47.2 forth in writing the following information: 47.3 (a) Why the best interests of the child are served by the 47.4 disposition ordered; 47.5 (b) What alternative dispositions were considered by the 47.6 court and why such dispositions were not appropriate in the 47.7 instant case; 47.8 (c) How the court's disposition complies with the 47.9 requirements of section 260.181, subdivision 3; and 47.10 (d) Whether reasonable efforts consistent with section 47.11 260.012 were made to prevent or eliminate the necessity of the 47.12 child's removal and to reunify the family after removal. The 47.13 court's findings must include a brief description of what 47.14 preventive and reunification efforts were made and why further 47.15 efforts could not have prevented or eliminated the necessity of 47.16 removal or that reasonable efforts were not required under 47.17 section 260.012 or 260.172, subdivision 1. 47.18 If the court finds that the social services agency's 47.19 preventive or reunification efforts have not been reasonable but 47.20 that further preventive or reunification efforts could not 47.21 permit the child to safely remain at home, the court may 47.22 nevertheless authorize or continue the removal of the child. 47.23 Sec. 30. Minnesota Statutes 1997 Supplement, section 47.24 260.191, subdivision 3a, is amended to read: 47.25 Subd. 3a. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 47.26 the court places a child in a residential facility, as defined 47.27 in section 257.071, subdivision 1, the court shall review the 47.28 out-of-home placement at least every six months to determine 47.29 whether continued out-of-home placement is necessary and 47.30 appropriate or whether the child should be returned home. The 47.31 court shall review agency efforts pursuant to section 257.072, 47.32 subdivision 1, and order that the efforts continue if the agency 47.33 has failed to perform the duties under that section. The court 47.34 shall review the case plan and may modify the case plan as 47.35 provided under subdivisions 1e and 2. If the court orders 47.36 continued out-of-home placement, the court shall notify the 48.1 parents of the provisions of subdivision 3b. 48.2 (b) When the court determines that a permanent placement 48.3 hearing is necessary because there is a likelihood that the 48.4 child will not return to a parent's care, the court may 48.5 authorize the agency with custody of the child to send the 48.6 notice provided inthis paragraph to any adult with whom the48.7child is currently residing, any adult with whom the child has48.8resided for one year or longer in the past, any adult who has48.9maintained a relationship or exercised visitation with the child48.10as identified in the agency case plan for the child or48.11demonstrated an interest in the child, and any relative who has48.12provided a current address to the local social service agency.48.13This notice must not be provided to a parent whose parental48.14rights to the child have been terminated under section 260.221,48.15subdivision 1. The notice must state that a permanent home is48.16sought for the child and that individuals receiving the notice48.17may indicate to the agency within 30 days their interest in48.18providing a permanent homesection 257.071, subdivision 1d, 48.19 paragraph (b), or may modify the requirements of the agency 48.20 under section 257.071, subdivision 1d, paragraph (b), or may 48.21 completely relieve the responsible social service agency of the 48.22 requirements of section 257.071, subdivision 1d, paragraph (b), 48.23 when the child is placed with an appropriate relative who wishes 48.24 to provide a permanent home for the child. The actions ordered 48.25 by the court under this section must be consistent with the best 48.26 interests, safety, and welfare of the child. 48.27 Sec. 31. Minnesota Statutes 1997 Supplement, section 48.28 260.191, subdivision 3b, is amended to read: 48.29 Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 48.30 PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 48.31 to determine the permanent status of a child not later than 12 48.32 months after the child is placed out of the home of the parent, 48.33 except that if the child was under eight years of age at the 48.34 time the petition was filed, the hearing must be conducted no 48.35 later than six months after the child is placed out of the home 48.36 of the parent. 49.1 For purposes of this subdivision, the date of the child's 49.2 placement out of the home of the parent is the earlier of the 49.3 first court-ordered placement orthe first court-approved49.4placement under section 257.071, subdivision 3, of a child who49.5had been in voluntary placement60 days after the date on which 49.6 the child has been voluntarily placed out of the home. 49.7 For purposes of this subdivision, 12 months is calculated 49.8 as follows: 49.9 (1) during the pendency of a petition alleging that a child 49.10 is in need of protection or services, all time periods when a 49.11 child is placed out of the home of the parent are cumulated; 49.12 (2) if a child has been placed out of the home of the 49.13 parent within the previous five years in connection with one or 49.14 more prior petitions for a child in need of protection or 49.15 services, the lengths of all prior time periods when the child 49.16 was placed out of the home within the previous five years and 49.17 under the current petition, are cumulated. If a child under 49.18 this clause has been out of the home for 12 months or more, the 49.19 court, if it is in the best interests of the child, may extend 49.20 the total time the child may continue out of the home under the 49.21 current petition up to an additional six months before making a 49.22 permanency determination. 49.23 (b) Not later than ten days prior to this hearing, the 49.24 responsible social service agency shall file pleadings to 49.25 establish the basis for the permanent placement determination. 49.26 Notice of the hearing and copies of the pleadings must be 49.27 provided pursuant to section 260.141. If a termination of 49.28 parental rights petition is filed before the date required for 49.29 the permanency planning determination, no hearing need be 49.30 conducted under this subdivision. The court shall determine 49.31 whether the child is to be returned home or, if not, what 49.32 permanent placement is consistent with the child's best 49.33 interests. The "best interests of the child" means all relevant 49.34 factors to be considered and evaluated. 49.35 (c) At a hearing under this subdivision, if the child was 49.36 under eight years of age at the time the petition was filed 50.1 alleging the child in need of protection or services, the court 50.2 shall review the progress of the case and the case plan, 50.3 including the provision of services. The court may order the 50.4 local social service agency to show cause why it should not file 50.5 a termination of parental rights petition. Cause may include, 50.6 but is not limited to, the following conditions: 50.7 (1) the parents or guardians have maintained regular 50.8 contact with the child, the parents are complying with the 50.9 court-ordered case plan, and the child would benefit from 50.10 continuing this relationship; 50.11 (2) grounds for termination under section 260.221 do not 50.12 exist; or 50.13 (3) the permanent plan for the child is transfer of 50.14 permanent legal and physical custody to a relative. 50.15 (d) If the child is not returned to the home, the 50.16 dispositions available for permanent placement determination are: 50.17 (1) permanent legal and physical custody to a relative in 50.18 the best interests of the child. In transferring permanent 50.19 legal and physical custody to a relative, the juvenile court 50.20 shall follow the standards and procedures applicable under 50.21 chapter 257 or 518. An order establishing permanent legal or 50.22 physical custody under this subdivision must be filed with the 50.23 family court. A transfer of legal and physical custody includes 50.24 responsibility for the protection, education, care, and control 50.25 of the child and decision making on behalf of the child. The 50.26 social service agency may petition on behalf of the proposed 50.27 custodian; 50.28 (2) termination of parental rights and adoption; the social 50.29 service agency shall file a petition for termination of parental 50.30 rights under section 260.231 and all the requirements of 50.31 sections 260.221 to 260.245 remain applicable. An adoption 50.32 completed subsequent to a determination under this subdivision 50.33 may include an agreement for communication or contact under 50.34 section 259.58; or 50.35 (3) long-term foster care; transfer of legal custody and 50.36 adoption are preferred permanency options for a child who cannot 51.1 return home. The court may order a child into long-term foster 51.2 care only if it finds that neither an award of legal and 51.3 physical custody to a relative, nor termination of parental 51.4 rights nor adoption is in the child's best interests. Further, 51.5 the court may only order long-term foster care for the child 51.6 under this section if it finds the following: 51.7 (i) the child has reached age 12 and reasonable efforts by 51.8 the responsible social service agency have failed to locate an 51.9 adoptive family for the child; or 51.10 (ii) the child is a sibling of a child described in clause 51.11 (i) and the siblings have a significant positive relationship 51.12 and are ordered into the same long-term foster care home; or 51.13 (4) foster care for a specified period of time may be 51.14 ordered only if: 51.15 (i) the sole basis for an adjudication that a child is in 51.16 need of protection or services is that the child is a runaway, 51.17 is an habitual truant, or committed a delinquent act before age 51.18 ten; and 51.19 (ii) the court finds that foster care for a specified 51.20 period of time is in the best interests of the child. 51.21(d)(e) In ordering a permanent placement of a child, the 51.22 court must be governed by the best interests of the child, 51.23 including a review of the relationship between the child and 51.24 relatives and the child and other important persons with whom 51.25 the child has resided or had significant contact. 51.26(e)(f) Once a permanent placement determination has been 51.27 made and permanent placement has been established, further court 51.28 reviews and dispositional hearings are only necessary if the 51.29 placement is made under paragraph(c)(d), clause (4), review is 51.30 otherwise required by federal law, an adoption has not yet been 51.31 finalized, or there is a disruption of the permanent or 51.32 long-term placement. 51.33(f)(g) An order under this subdivision must include the 51.34 following detailed findings: 51.35 (1) how the child's best interests are served by the order; 51.36 (2) the nature and extent of the responsible social service 52.1 agency's reasonable efforts, or, in the case of an Indian child, 52.2 active efforts, to reunify the child with the parent or parents; 52.3 (3) the parent's or parents' efforts and ability to use 52.4 services to correct the conditions which led to the out-of-home 52.5 placement; 52.6 (4) whether the conditions which led to the out-of-home 52.7 placement have been corrected so that the child can return home; 52.8 and 52.9 (5) if the child cannot be returned home, whether there is 52.10 a substantial probability of the child being able to return home 52.11 in the next six months. 52.12(g)(h) An order for permanent legal and physical custody 52.13 of a child may be modified under sections 518.18 and 518.185. 52.14 The social service agency is a party to the proceeding and must 52.15 receive notice. An order for long-term foster care is 52.16 reviewable upon motion and a showing by the parent of a 52.17 substantial change in the parent's circumstances such that the 52.18 parent could provide appropriate care for the child and that 52.19 removal of the child from the child's permanent placement and 52.20 the return to the parent's care would be in the best interest of 52.21 the child. 52.22 Sec. 32. Minnesota Statutes 1996, section 260.221, as 52.23 amended by Laws 1997, chapters 218, sections 10 and 11, and 239, 52.24 article 6, section 30, is amended to read: 52.25 260.221 [GROUNDS FORTERMINATION OF PARENTAL RIGHTS.] 52.26 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 52.27 court may upon petition, terminate all rights of a parent to a 52.28 child: 52.29 (a) with the written consent of a parent who for good cause 52.30 desires to terminate parental rights; or 52.31 (b) if it finds that one or more of the following 52.32 conditions exist: 52.33 (1) that the parent has abandoned the child;or52.34 (2) that the parent has substantially, continuously, or 52.35 repeatedly refused or neglected to comply with the duties 52.36 imposed upon that parent by the parent and child relationship, 53.1 including but not limited to providing the child with necessary 53.2 food, clothing, shelter, education, and other care and control 53.3 necessary for the child's physical, mental, or emotional health 53.4 and development, if the parent is physically and financially 53.5 able, and reasonable efforts by the social service agency have 53.6 failed to correct the conditions that formed the basis of the 53.7 petition;or53.8 (3) that a parent has been ordered to contribute to the 53.9 support of the child or financially aid in the child's birth and 53.10 has continuously failed to do so without good cause. This 53.11 clause shall not be construed to state a grounds for termination 53.12 of parental rights of a noncustodial parent if that parent has 53.13 not been ordered to or cannot financially contribute to the 53.14 support of the child or aid in the child's birth;or53.15 (4) that a parent is palpably unfit to be a party to the 53.16 parent and child relationship because of a consistent pattern of 53.17 specific conduct before the child or of specific conditions 53.18 directly relating to the parent and child relationship either of 53.19 which are determined by the court to be of a duration or nature 53.20 that renders the parent unable, for the reasonably foreseeable 53.21 future, to care appropriately for the ongoing physical, mental, 53.22 or emotional needs of the child. It is presumed that a parent 53.23 is palpably unfit to be a party to the parent and child 53.24 relationship upon a showing that: 53.25 (i) the child was adjudicated in need of protection or 53.26 services due to circumstances described in section 260.015, 53.27 subdivision 2a, clause (1), (2), (3), (5), or (8); and 53.28 (ii) the parent's parental rights to one or more other 53.29 children were involuntarily terminated under clause (1), (2), 53.30 (4), or (7), or under clause (5) if the child was initially 53.31 determined to be in need of protection or services due to 53.32 circumstances described in section 260.015, subdivision 2a, 53.33 clause (1), (2), (3), (5), or (8);or53.34 (5) that following upon a determination of neglect or 53.35 dependency, or of a child's need for protection or services, 53.36 reasonable efforts, under the direction of the court, have 54.1 failed to correct the conditions leading to the determination. 54.2 It is presumed that reasonable efforts under this clause have 54.3 failed upon a showing that: 54.4 (i) a child has resided out of the parental home under 54.5 court order for a cumulative period of more than one year within 54.6 a five-year period following an adjudication of dependency, 54.7 neglect, need for protection or services under section 260.015, 54.8 subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 54.9 neglected and in foster care, and an order for disposition under 54.10 section 260.191, including adoption of the case plan required by 54.11 section 257.071; 54.12 (ii) conditions leading to the determination will not be 54.13 corrected within the reasonably foreseeable future. It is 54.14 presumed that conditions leading to a child's out-of-home 54.15 placement will not be corrected in the reasonably foreseeable 54.16 future upon a showing that the parent or parents have not 54.17 substantially complied with the court's orders and a reasonable 54.18 case plan, and the conditions which led to the out-of-home 54.19 placement have not been corrected; and 54.20 (iii) reasonable efforts have been made by the social 54.21 service agency to rehabilitate the parent and reunite the family. 54.22 This clause does not prohibit the termination of parental 54.23 rights prior to one year after a child has been placed out of 54.24 the home. 54.25 It is also presumed that reasonable efforts have failed 54.26 under this clause upon a showing that: 54.27 (i) the parent has been diagnosed as chemically dependent 54.28 by a professional certified to make the diagnosis; 54.29 (ii) the parent has been required by a case plan to 54.30 participate in a chemical dependency treatment program; 54.31 (iii) the treatment programs offered to the parent were 54.32 culturally, linguistically, and clinically appropriate; 54.33 (iv) the parent has either failed two or more times to 54.34 successfully complete a treatment program or has refused at two 54.35 or more separate meetings with a caseworker to participate in a 54.36 treatment program; and 55.1 (v) the parent continues to abuse chemicals. 55.2 Provided, that this presumption applies only to parents required 55.3 by a case plan to participate in a chemical dependency treatment 55.4 program on or after July 1, 1990;or55.5 (6) that a child has experienced egregious harm in the 55.6 parent's care which is of a nature, duration, or chronicity that 55.7 indicates a lack of regard for the child's well-being, such that 55.8 a reasonable person would believe it contrary to the best 55.9 interest of the child or of any child to be in the parent's 55.10 care;or55.11 (7) that in the case of a child born to a mother who was 55.12 not married to the child's father when the child was conceived 55.13 nor when the child was born the person is not entitled to notice 55.14 of an adoption hearing under section 259.49 and the person has 55.15 not registered with the putative fathers' adoption registry 55.16 under section 259.52;or55.17 (8) that the child is neglected and in foster care; or 55.18 (9) that the parent has been convicted of a crime listed in 55.19 section 260.012, paragraph (b), clauses (1) to (3). 55.20 In an action involving an American Indian child, sections 55.21 257.35 to 257.3579 and the Indian Child Welfare Act, United 55.22 States Code, title 25, sections 1901 to 1923, control to the 55.23 extent that the provisions of this section are inconsistent with 55.24 those laws. 55.25 Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of 55.26 subdivision 1, paragraph (b), clause (1): 55.27 (a) Abandonment is presumed when: 55.28 (1) the parent has had no contact with the child on a 55.29 regular basis and not demonstrated consistent interest in the 55.30 child's well-being for six months;and 55.31(2)the social service agency has made reasonable efforts 55.32 to facilitate contact, unless the parent establishes that an 55.33 extreme financial or physical hardship or treatment for mental 55.34 disability or chemical dependency or other good cause prevented 55.35 the parent from making contact with the child. This presumption 55.36 does not apply to children whose custody has been determined 56.1 under chapter 257 or 518. The court is not prohibited from 56.2 finding abandonment in the absence of this presumption; or 56.3 (2) the child is an infant under two years of age and has 56.4 been deserted by the parent under circumstances that show an 56.5 intent not to return to care for the child. 56.6 (b) The following are prima facie evidence of abandonment 56.7 where adoption proceedings are pending and there has been a 56.8 showing that the person was not entitled to notice of an 56.9 adoption proceeding under section 259.49: 56.10 (1) failure to register with the putative fathers' adoption 56.11 registry under section 259.52; or 56.12 (2) if the person registered with the putative fathers' 56.13 adoption registry under section 259.52: 56.14 (i) filing a denial of paternity within 30 days of receipt 56.15 of notice under section 259.52, subdivision 8; 56.16 (ii) failing to timely file an intent to claim parental 56.17 rights with entry of appearance form within 30 days of receipt 56.18 of notice under section 259.52, subdivision 10; or 56.19 (iii) timely filing an intent to claim parental rights with 56.20 entry of appearance form within 30 days of receipt of notice 56.21 under section 259.52, subdivision 10, but failing to initiate a 56.22 paternity action within 30 days of receiving the putative 56.23 fathers' adoption registry notice where there has been no 56.24 showing of good cause for the delay. 56.25 Subd. 1b. [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 56.26 The county attorney shall file a termination of parental rights 56.27 petition within 30 days of a child's placement in out-of-home 56.28 care if the child has been subjected to egregious harm as 56.29 defined in section 260.015, subdivision 29, is the sibling of 56.30 another child of the parent who was subjected to egregious harm, 56.31 or is an abandoned infant as defined in subdivision 1a, 56.32 paragraph (a), clause (2). The local social services agency 56.33 shall concurrently identify, recruit, process, and approve an 56.34 adoptive family for the child. If a termination of parental 56.35 rights petition has been filed by another party the local social 56.36 services agency shall be joined as a party to the petition. If 57.1 criminal charges have been filed against a parent arising out of 57.2 the conduct alleged to constitute egregious harm, the county 57.3 attorney shall determine which matter should proceed to trial 57.4 first, consistent with the best interests of the child and 57.5 subject to the defendant's right to a speedy trial. 57.6 (b) This requirement does not apply if the county attorney 57.7 determines and files with the court its determination that a 57.8 transfer of permanent legal and physical custody to a relative 57.9 is in the best interests of the child or there is a compelling 57.10 reason documented by the local social services agency that 57.11 filing the petition would not be in the best interests of the 57.12 child. 57.13 Subd. 1c. [CURRENT FOSTER CARE CHILDREN.] The county 57.14 attorney shall file a termination of parental rights petition or 57.15 other permanent placement proceeding under section 260.191, 57.16 subdivision 3b, for all children determined to be in need of 57.17 protection or services who are placed in out-of-home care for 57.18 reasons other than care or treatment of the child's disability, 57.19 and who are in out-of-home placement on the day following final 57.20 enactment of this section, and have been in out-of-home care for 57.21 15 of the most recent 22 months. 57.22 Subd. 2. [ADOPTIVE PARENT.] For purposes of subdivision 1, 57.23 clause (a), an adoptive parent may not terminate parental rights 57.24 to an adopted child for a reason that would not apply to a birth 57.25 parent seeking termination of parental rights to a child under 57.26 subdivision 1, clause (a). 57.27 Subd. 3. [WHEN PRIOR FINDING REQUIRED.] For purposes of 57.28 subdivision 1, clause (b), no prior judicial finding of 57.29 dependency, neglect, need for protection or services, or 57.30 neglected and in foster care is required, except as provided in 57.31 subdivision 1, clause (b), item (5). 57.32 Subd. 4. [BEST INTERESTS OF CHILD PARAMOUNT.] In any 57.33 proceeding under this section, the best interests of the child 57.34 must be the paramount consideration, provided that the 57.35 conditions in subdivision 1, clause (a), or at least one 57.36 condition in subdivision 1, clause (b), are found by the court. 58.1 In proceedings involving an American Indian child, as defined in 58.2 section 257.351, subdivision 6, the best interests of the child 58.3 must be determined consistent with the Indian Child Welfare Act 58.4 of 1978, United States Code, title 25, section 1901, et seq. 58.5 Where the interests of parent and child conflict, the interests 58.6 of the child are paramount. 58.7 Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any 58.8 proceeding under this section, the court shall make specific 58.9 findings: 58.10 (1) regarding the nature and extent of efforts made by the 58.11 social service agency to rehabilitate the parent and reunite the 58.12 family; 58.13 (2) that provision of services or further services for the 58.14 purpose of rehabilitation and reunification is futile and 58.15 therefore unreasonable under the circumstances; or 58.16 (3) that reasonable efforts at reunificationisare not 58.17 requiredbecause the parent has been convicted of a crime listed58.18in section 260.012, paragraph (b), clauses (1) to (3)as 58.19 provided under section 260.012. 58.20 Sec. 33. Minnesota Statutes 1997 Supplement, section 58.21 260.241, subdivision 3, is amended to read: 58.22 Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A 58.23 certified copy of the findings and the order terminating 58.24 parental rights, and a summary of the court's information 58.25 concerning the child shall be furnished by the court to the 58.26 commissioner or the agency to which guardianship is 58.27 transferred. The orders shall be on a document separate from 58.28 the findings. The court shall furnish the individual to whom 58.29 guardianship is transferred a copy of the order terminating 58.30 parental rights. 58.31 (b) The court shall retain jurisdiction in a case where 58.32 adoption is the intended permanent placement disposition. The 58.33 guardian ad litem and counsel for the child shall continue on 58.34 the case until an adoption decree is entered. A hearing must be 58.35 held every 90 days following termination of parental rights for 58.36 the court to review progress toward an adoptive placement and 59.1 the specific recruitment efforts the agency has taken to find an 59.2 adoptive family or other placement living arrangement for the 59.3 child and to finalize the adoption or other permanency plan. 59.4 (c) The court shall retain jurisdiction in a case where 59.5 long-term foster care is the permanent disposition. The 59.6 guardian ad litem and counsel for the child must be dismissed 59.7 from the case on the effective date of the permanent placement 59.8 order. However, the foster parent and the child, if of 59.9 sufficient age, must be informed how they may contact a guardian 59.10 ad litem if the matter is subsequently returned to court. 59.11 Sec. 34. Minnesota Statutes 1996, section 626.556, is 59.12 amended by adding a subdivision to read: 59.13 Subd. 11d. [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY 59.14 CASES.] (a) The definitions in this paragraph apply to this 59.15 section. 59.16 (1) "Child fatality" means the death of a child from 59.17 suspected abuse, neglect, or maltreatment. 59.18 (2) "Near fatality" means a case in which a physician 59.19 determines that a child is in serious or critical condition as 59.20 the result of sickness or injury caused by suspected abuse, 59.21 neglect, or maltreatment. 59.22 (3) "Findings and information" means a written summary 59.23 described in paragraph (c) of actions taken or services rendered 59.24 by a local social services agency following receipt of a report. 59.25 (b) Notwithstanding any other provision of law and subject 59.26 to this subdivision, a public agency shall disclose to the 59.27 public, upon request, the findings and information related to a 59.28 child fatality or near fatality if: 59.29 (1) a person is criminally charged with having caused the 59.30 child fatality or near fatality; or 59.31 (2) a county attorney certifies that a person would have 59.32 been charged with having caused the child fatality or near 59.33 fatality but for that person's death. 59.34 (c) Findings and information disclosed under this 59.35 subdivision consist of a written summary that includes any of 59.36 the following information the agency is able to provide: 60.1 (1) the dates, outcomes, and results of any actions taken 60.2 or services rendered; 60.3 (2) the results of any review of the state child mortality 60.4 review panel, a local child mortality review panel, a local 60.5 community child protection team, or any public agency; and 60.6 (3) confirmation of the receipt of all reports, accepted or 60.7 not accepted, by the local welfare agency for assessment of 60.8 suspected child abuse, neglect, or maltreatment, including 60.9 confirmation that investigations were conducted, the results of 60.10 the investigations, a description of the conduct of the most 60.11 recent investigation and the services rendered, and a statement 60.12 of the basis for the agency's determination. 60.13 (d) Nothing in this subdivision authorizes access to the 60.14 private data in the custody of a local social services agency, 60.15 or the disclosure to the public of the records or content of any 60.16 psychiatric, psychological, or therapeutic evaluations, or the 60.17 disclosure of information that would reveal the identities of 60.18 persons who provided information related to suspected abuse, 60.19 neglect, or maltreatment of the child. 60.20 (e) A person whose request is denied may apply to the 60.21 appropriate court for an order compelling disclosure of all or 60.22 part of the findings and information of the public agency. The 60.23 application must set forth, with reasonable particularity, 60.24 factors supporting the application. The court has jurisdiction 60.25 to issue these orders. Actions under this section must be set 60.26 down for immediate hearing, and subsequent proceedings in those 60.27 actions must be given priority by the appellate courts. 60.28 (f) A public agency or its employees acting in good faith 60.29 in disclosing or declining to disclose information under this 60.30 section are immune from criminal or civil liability that might 60.31 otherwise be incurred or imposed for that action. 60.32 Sec. 35. [EFFECTIVE DATE.] 60.33 This article is effective the day following final 60.34 enactment, except that: 60.35 (1) sections 11 and 30 are effective July 1, 1998; 60.36 (2) section 19 is effective retroactive to July 1, 1997, 61.1 and applies to communication or contact agreements entered into 61.2 on or after that date; and 61.3 (3) section 28 and the provisions of section 31, paragraphs 61.4 (a) and (c), that apply to children under eight years of age, 61.5 are effective July 1, 1999. 61.6 ARTICLE 2 61.7 FAMILY ASSESSMENTS AND SERVICES AND COMMUNITY COLLABORATION 61.8 Section 1. [626.5551] [PROGRAMS FOR CHILD PROTECTION 61.9 ASSESSMENTS OR INVESTIGATIONS; SAFETY PLANS; COMMUNITY 61.10 COLLABORATION.] 61.11 Subdivision 1. [DESIGNATION OF COUNTIES; GRANTS AND 61.12 TECHNICAL ASSISTANCE.] By October 1, 1998, the commissioner of 61.13 human services shall designate counties to participate in the 61.14 pilot child protection program established under this section 61.15 for assessment and investigation of reports of child 61.16 maltreatment received under section 626.556 and the provision of 61.17 family services. Two or more counties may enter into agreements 61.18 for purposes of participating together in a pilot program under 61.19 this section. The commissioner shall make grants to counties or 61.20 groups of counties for purposes of planning and implementing a 61.21 program under this section and shall provide technical 61.22 assistance and develop protocols for the programs. In their 61.23 grant application, counties shall address the extent to which 61.24 they will use the child safety assessment and plan process under 61.25 subdivision 6 as part of their program. In making grants, the 61.26 commissioner shall ensure that at least one program includes 61.27 mandatory safety assessments and plans and shall provide 61.28 additional grant money to cover the cost of these assessments 61.29 and plans. The commissioner shall designate a portion of each 61.30 grant that must be used to fund community collaborative services 61.31 under this section. 61.32 Subd. 2. [ESTABLISHMENT; PURPOSE.] A child protection 61.33 program may be established under this section in order to 61.34 promote the safety of children and the integrity and 61.35 preservation of their families by conducting investigations or 61.36 family assessments in response to reports of child maltreatment 62.1 under section 626.556. The program shall be designed to 62.2 coordinate community resources and provide assistance or 62.3 services to children and families identified to be at risk, and 62.4 to prevent and remedy child abuse and neglect. 62.5 Subd. 3. [DETERMINATIONS REGARDING INVESTIGATION OR FAMILY 62.6 ASSESSMENT AND SERVICES.] (a) Upon receipt of a report under 62.7 section 626.556, the local welfare agency shall make a 62.8 determination whether to proceed with an investigation as 62.9 provided in section 626.556 or to proceed with a family 62.10 assessment and services approach under this section. If a local 62.11 law enforcement agency receives a report under section 626.556 62.12 in a county that is participating in the program under this 62.13 section, the local law enforcement agency shall immediately 62.14 forward the report to the local welfare agency for purposes of 62.15 making a determination under this subdivision. This does not 62.16 preclude the local law enforcement agency from proceeding with a 62.17 criminal investigation as appropriate. If the local social 62.18 service agency receives information that does not involve 62.19 current maltreatment of a child but establishes criteria for a 62.20 child safety and assessment plan under subdivision 6, the local 62.21 social service agency may proceed under that subdivision. 62.22 (b) The local welfare agency shall make determinations 62.23 under this subdivision through the use of protocols developed by 62.24 the commissioner of human services. The local welfare agency 62.25 may conduct an investigation of any report, but shall conduct an 62.26 investigation of reports that, if true, would mean that the 62.27 child has experienced, or is at risk of experiencing, serious 62.28 physical injury, sexual abuse, abandonment, or neglect that 62.29 substantially endangers the child's physical or mental health, 62.30 including intentional starvation and a diagnosis by a physician 62.31 of nonorganic failure to thrive, or that would be a violation 62.32 of, or an attempt to commit a violation of: 62.33 (1) section 609.185, 609.19, or 609.195 (murder in the 62.34 first, second, or third degree); 62.35 (2) section 609.20 or 609.205 (manslaughter in the first or 62.36 second degree); 63.1 (3) section 609.221, 609.222, or 609.223 (assault in the 63.2 first, second, or third degree); 63.3 (4) section 609.322 (solicitation, inducement, and 63.4 promotion of prostitution); 63.5 (5) sections 609.342 to 609.3451 (criminal sexual conduct); 63.6 (6) section 609.352 (solicitation of children to engage in 63.7 sexual conduct); 63.8 (7) section 609.377 or 609.378 (malicious punishment or 63.9 neglect or endangerment of a child); or 63.10 (8) section 617.246 (use of minor in sexual performance). 63.11 (c) In addition, in all cases the local welfare agency 63.12 shall contact the appropriate law enforcement agency as provided 63.13 in section 626.556, subdivision 3. The law enforcement agency 63.14 may conduct its own investigation and shall assist the local 63.15 welfare agency in its investigation or provide, within a 63.16 reasonable time, a written explanation detailing the reasons why 63.17 it is unable to assist. 63.18 (d) The local social service agency shall make a 63.19 determination of how to proceed and initiate an investigation or 63.20 family assessment and services within 24 hours of receipt of the 63.21 report, except in cases where the sole basis for the report is 63.22 educational neglect. If the report indicates that educational 63.23 neglect is the only complaint and there is no suspicion of other 63.24 neglect or abuse, the investigation or family assessment and 63.25 services approach shall be initiated within 72 hours of receipt 63.26 of the report. 63.27 Subd. 4. [PROVISION OF FAMILY ASSESSMENT AND 63.28 SERVICES.] (a) If the local welfare agency makes a determination 63.29 to use the family assessment and services approach, the agency 63.30 shall assess the risk of abuse and neglect and the service needs 63.31 of the family based on information gathered from the family and 63.32 other available sources. At the time of the initial contact 63.33 with the family, the local welfare agency shall provide the 63.34 parent or other caretaker with information regarding the purpose 63.35 of the contact and the assessment process to be followed during 63.36 the agency's intervention, including possible services available 64.1 and expectations of the family. The local welfare agency may 64.2 enter into contracts with other public or private agencies with 64.3 appropriate professional expertise to perform the assessment 64.4 duties under this subdivision or with resources for providing 64.5 family services. Services may include, but are not limited to, 64.6 marriage and family counseling, parenting classes, chemical 64.7 dependency screening and treatment, psychological counseling, 64.8 homemaker services, housing, day care assistance, visitation 64.9 services, or transportation services. 64.10 (b) The agency shall arrange for services that are 64.11 voluntary and time-limited unless the agency determines, based 64.12 on the assessment of risk, that there will be a high risk of 64.13 abuse or neglect if the family refuses to accept the services. 64.14 The agency shall identify services for families where it is 64.15 determined that the child is at high risk of future abuse or 64.16 neglect. The agency shall thoroughly document its attempt to 64.17 provide voluntary services and the reasons these services are 64.18 important to reduce the risk of future abuse or neglect to the 64.19 child. If the family continues to refuse voluntary services or 64.20 the child needs to be protected, the agency may begin an 64.21 investigation under section 626.556 or consult with the county 64.22 attorney regarding filing a petition alleging the child to be in 64.23 need of protection or services. 64.24 (c) When a case under this subdivision is closed, the local 64.25 welfare agency shall document the outcome of the family 64.26 assessment and services approach, including services provided 64.27 and the removal or reduction of risk to the child, if it existed. 64.28 This documentation must be retained for at least four years. 64.29 Subd. 5. [REFERRAL OF CASES FOR INVESTIGATION OR 64.30 ASSESSMENT.] (a) The local welfare agency shall begin an 64.31 immediate investigation if at any time during the family 64.32 assessment and services approach the agency determines that an 64.33 investigation is required under subdivision 3, paragraph (b), or 64.34 would otherwise be appropriate. The staff who have conducted 64.35 the assessment may remain involved in the provision of services 64.36 to the family. 65.1 (b) The local welfare agency may conduct a family 65.2 assessment and services approach on reports initially referred 65.3 for an investigation if the agency determines that a complete 65.4 investigation is not required, or it may assist the family in 65.5 obtaining services during the investigation if it is determined 65.6 that the child or a member of the family needs services. In 65.7 determining that a complete investigation is not required, the 65.8 local welfare agency must document the reason for terminating 65.9 the investigation and obtain written agreement of: 65.10 (1) the local law enforcement agency, if the local law 65.11 enforcement is involved, and notify the county attorney of the 65.12 decision to terminate the investigation; or 65.13 (2) the county attorney, if the local law enforcement is 65.14 not involved. 65.15 Subd. 6. [CHILD SAFETY ASSESSMENT AND PLAN.] (a) The local 65.16 social service agency may follow the child safety assessment and 65.17 planning process under this subdivision when the agency receives 65.18 information that a child under the age of 12 months has one or 65.19 both parents who: 65.20 (1) has a recent history of controlled substance or alcohol 65.21 abuse; 65.22 (2) has been convicted of a crime specified in section 65.23 518.179, subdivision 2, if the victim of the crime was a family 65.24 or household member; and 65.25 (3) has lost custody of a child in a contested proceeding 65.26 to a person other than a parent, or previously has had another 65.27 child in court-ordered out-of-home placement. 65.28 (b) This subdivision does not relieve the local social 65.29 service agency of any other duties under this section, section 65.30 626.556, or other law in cases involving allegations of abuse or 65.31 neglect of a child. 65.32 (c) The agency shall assess the risk to the child of future 65.33 abuse and neglect and develop a safety plan, in consultation 65.34 with the parents, to address risk factors that are present in 65.35 the home and other service needs of the child and family. The 65.36 safety plan may include: 66.1 (1) enrollment in early childhood family education; 66.2 (2) home visits under section 145A.15; 66.3 (3) chemical dependency treatment for a parent; and 66.4 (4) provision of other services identified in subdivision 4 66.5 or 7 that will enable the parents to participate in the safety 66.6 plan. 66.7 (d) The safety plan must involve continued monitoring of 66.8 the family as appropriate until the child is three years of age. 66.9 The agency may enter into contracts with other public or private 66.10 agencies with appropriate professional expertise to perform the 66.11 assessment duties under this subdivision or with resources for 66.12 providing family services. 66.13 Subd. 7. [COLLABORATIVE SERVICES.] The local social 66.14 service agency shall coordinate community resources and 66.15 collaborate with the community to identify comprehensive local 66.16 services and assure access to those services for children and 66.17 families under this section. The local welfare agency shall 66.18 coordinate community resources, including schools, nonprofit 66.19 agencies, community-based organizations, parenting support 66.20 groups, churches, civic groups, extension services, family 66.21 services collaboratives, and health care providers, and 66.22 establish procedures for making referrals and following through 66.23 with local providers to identify and evaluate services that have 66.24 been provided to a family. 66.25 Sec. 2. [PLANNING, EVALUATION, AND REPORT.] 66.26 Subdivision 1. [PLANNING AND IMPLEMENTATION.] The 66.27 commissioner of human services shall develop a plan for 66.28 establishing, implementing, and evaluating the programs under 66.29 section 1. The plan must provide for administering grants and 66.30 local implementation of programs by January 1, 1999. The plan 66.31 must include protocols for the programs and procedures and 66.32 criteria for the collection of information from local welfare 66.33 agencies to evaluate the programs. In developing the protocols, 66.34 the commissioner shall consult with interest groups within the 66.35 child protection system, including child protection workers, 66.36 child protection advocates, county attorneys, law enforcement, 67.1 community service organizations, the councils of color, and the 67.2 ombudsperson for families. 67.3 Subd. 2. [EVALUATION AND REPORT.] By January 15, 2001, the 67.4 commissioner of human services shall report to the legislature 67.5 on the operation of the program under section 1. The report 67.6 must include an independent evaluation of the program that 67.7 assesses its effect upon specified variables, including the 67.8 following major goals: 67.9 (1) promotion of the safety of children; 67.10 (2) preservation of the integrity of families, where 67.11 possible; 67.12 (3) remediation of abuse or neglect, or other family 67.13 problems that give rise to reports; and 67.14 (4) prevention of future abuse or neglect. 67.15 The report must also evaluate the use of community 67.16 collaboration in providing services to families. Based on the 67.17 evaluation, the report must include recommendations for future 67.18 legislative action, including any modifications to the operation 67.19 of the program and recommendations regarding statewide 67.20 implementation. 67.21 ARTICLE 3 67.22 CONCURRENT PERMANENCY PLANNING 67.23 Section 1. [257.0711] [CONCURRENT PERMANENCY PLANNING.] 67.24 Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of 67.25 human services shall establish a program for concurrent 67.26 permanency planning for child protection services. The program 67.27 must include a pilot program phase during which the commissioner 67.28 will make grants to counties who participate in concurrent 67.29 permanency planning, followed by statewide implementation of 67.30 concurrent permanency planning effective July 1, 1999. 67.31 (b) Concurrent permanency planning involves a planning 67.32 process for children who are placed out of the home of their 67.33 parents pursuant to a court order, or who have been voluntarily 67.34 placed out of the home by the parents for 60 days or more and 67.35 who are not developmentally disabled or emotionally handicapped 67.36 under section 257.071, subdivision 4. The local social service 68.1 agency shall develop an alternative permanency plan while making 68.2 reasonable efforts for reunification of the child with the 68.3 family, if required by section 260.012. The goals of concurrent 68.4 permanency planning are to: 68.5 (1) achieve early permanency for children; 68.6 (2) decrease children's length of stay in foster care and 68.7 reduce the number of moves children experience in foster care; 68.8 and 68.9 (3) develop a group of families who will work towards 68.10 reunification and also serve as permanent families for children. 68.11 Subd. 2. [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The 68.12 commissioner shall establish guidelines and protocols for social 68.13 service agencies involved in concurrent permanency planning, 68.14 including criteria for conducting concurrent permanency planning 68.15 based on relevant factors such as: 68.16 (1) age of the child and duration of out-of-home placement; 68.17 (2) prognosis for successful reunification with parents; 68.18 (3) availability of relatives and other concerned 68.19 individuals to provide support or a permanent placement for the 68.20 child; and 68.21 (4) special needs of the child and other factors affecting 68.22 the child's best interests. 68.23 In developing the guidelines and protocols, the 68.24 commissioner shall consult with interest groups within the child 68.25 protection system, including child protection workers, child 68.26 protection advocates, county attorneys, law enforcement, 68.27 community service organizations, the councils of color, and the 68.28 ombudsperson for families. 68.29 Subd. 3. [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent 68.30 permanency planning programs must include involvement of parents 68.31 and full disclosure of their rights and responsibilities; goals 68.32 of concurrent permanency planning; support services that are 68.33 available for families; permanency options; and the consequences 68.34 of not complying with case plans. 68.35 Subd. 4. [TECHNICAL ASSISTANCE AND GRANTS.] The 68.36 commissioner of human services shall provide ongoing technical 69.1 assistance, support, and training for local social service 69.2 agencies and other individuals and agencies involved in 69.3 concurrent permanency planning. The commissioner shall make 69.4 grants to counties for purposes of planning, implementing, and 69.5 assisting in the evaluation of permanency planning programs and 69.6 multidisciplinary training of participants. 69.7 Sec. 2. [EVALUATION AND REPORT.] 69.8 The commissioner shall develop a detailed plan for 69.9 evaluating concurrent permanency planning programs, based on 69.10 identifiable goals and factors, including those specified in 69.11 section 1, subdivision 1. The plan must also include an 69.12 evaluation of the fiscal impact of concurrent planning, 69.13 including the effect on costs of out-of-home placement. The 69.14 evaluation must incorporate input and recommendations from 69.15 counties involved in concurrent planning. By January 15, 2001, 69.16 the commissioner shall report to the appropriate committees in 69.17 the legislature on the operation of the concurrent planning 69.18 programs and the results of the evaluation under this section. 69.19 ARTICLE 4 69.20 CHILD WELFARE SERVICES PLAN 69.21 Section 1. [CHILD WELFARE SERVICES PLAN.] 69.22 By January 15, 1999, the commissioner of human services 69.23 shall submit to the legislature a statewide plan for child 69.24 welfare services consistent with the five-year comprehensive 69.25 child and family services plan required for title IV-B, 1 and 2 69.26 of the Social Security Act. The plan must establish statewide 69.27 and county-specific performance targets for improved outcomes 69.28 for the safety, permanency, and well-being of children and 69.29 families and reform of the service delivery system. The plan 69.30 must set prioritized goals and measurable objectives for a child 69.31 and family service continuum that includes family support and 69.32 family preservation services; child welfare services such as 69.33 child abuse and neglect prevention, intervention, and treatment 69.34 services; and services to support reunification, adoption, 69.35 kinship care, foster care, independent living, or other 69.36 permanent living arrangement. The plan should set baseline 70.1 measures and timetables for accomplishment of the goals and 70.2 include specific legislative, budget, or administrative 70.3 recommendations necessary to implement the plan. The 70.4 commissioner should incorporate in the plan baseline data from 70.5 the semiannual report on children in out-of-home placement 70.6 required under Minnesota Statutes, section 257.0725, and other 70.7 data sources related to child welfare services including social 70.8 service information. 70.9 The commissioner of human services shall also submit to the 70.10 legislature by January 15 of each year a copy of the annual 70.11 progress and service report of its child and family services 70.12 plan required by the federal government for child welfare 70.13 services under title IV-B, 1 and 2 of the Social Security Act. 70.14 The document will report on specific accomplishments made in 70.15 meeting the prior year's goals and objectives and describe 70.16 proposed revisions in the plan's goals, objectives, and training 70.17 plan. 70.18 The commissioner of human services shall make these plans 70.19 available for public distribution by placing a notice of their 70.20 availability in the State Register no later than ten days 70.21 following the date of their submission. 70.22 ARTICLE 5 70.23 CHILD WELFARE APPROPRIATIONS 70.24 Section 1. [APPROPRIATION.] 70.25 $30,000,000 is appropriated from the general fund to the 70.26 commissioner of human services for purposes of funding child 70.27 welfare initiatives and programs. This appropriation includes 70.28 funding for child protection activities; planning, development 70.29 of protocols, grants, technical assistance, training, and 70.30 evaluation for family assessment and services programs, 70.31 concurrent permanency planning, and child safety assessments and 70.32 plans; and training of family mediators and facilitation of 70.33 relative care plans under Minnesota Statutes, section 626.5565. 70.34 ARTICLE 6 70.35 CHILD PROTECTIVE SERVICES 70.36 Section 1. Minnesota Statutes 1996, section 260.191, 71.1 subdivision 1e, is amended to read: 71.2 Subd. 1e. [CASE PLAN.] For each disposition ordered, the 71.3 court shall order the appropriate agency to prepare a written 71.4 case plan developed after consultation with any foster parents, 71.5 and consultation with and participation by the child and the 71.6 child's parent, guardian, or custodian, guardian ad litem, and 71.7 tribal representative if the tribe has intervened. The case 71.8 plan shall comply with the requirements of section 257.071, 71.9 where applicable. The case plan shall, among other matters, 71.10 specify the actions to be taken by the child and the child's 71.11 parent, guardian, foster parent, or custodian to ensure the 71.12 child's safety and to comply with the court's disposition order, 71.13 and the services to be offered and provided by the agency to the 71.14 child and the child's parent, guardian, or custodian. The court 71.15 shall review the case plan and, upon approving it, incorporate 71.16 the plan into its disposition order. The court may review and 71.17 modify the terms of the case plan in the manner provided in 71.18 subdivision 2. For each disposition ordered, the written case 71.19 plan shall specify what reasonable efforts shall be provided to 71.20 the family. The case plan must include a discussion of: 71.21 (1) the availability of appropriate prevention and 71.22 reunification services for the family to safely prevent the 71.23 removal of the child from the home or to safely reunify the 71.24 child with the family after removal; 71.25 (2) any services or resources that were requested by the 71.26 child or the child's parent, guardian, foster parent, or 71.27 custodian since the date of initial adjudication, and whether 71.28 those services or resources were provided or the basis for 71.29 denial of the services or resources; 71.30 (3) the need of the child and family for care, treatment, 71.31 or rehabilitation; 71.32 (4) the need for participation by the parent, guardian, or 71.33 custodian in the plan of care for the child; 71.34 (5) the visitation rights and obligations of the parent or 71.35 other relatives, as defined in section 260.181, subdivision 3, 71.36 during any period when the child is placed outside the home;and72.1 (6) a description of any services that could safely prevent 72.2 placement or reunify the family if such services were available; 72.3 and 72.4 (7) the need for continued monitoring of the child and 72.5 family by the appropriate local social services agency once the 72.6 family has completed all services required in the case plan. 72.7 A party has a right to request a court review of the 72.8 reasonableness of the case plan upon a showing of a substantial 72.9 change of circumstances. 72.10 Sec. 2. Minnesota Statutes 1996, section 626.556, 72.11 subdivision 10, is amended to read: 72.12 Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 72.13 ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 72.14 alleges neglect, physical abuse, or sexual abuse by a parent, 72.15 guardian, or individual functioning within the family unit as a 72.16 person responsible for the child's care, the local welfare 72.17 agency shall immediately conduct an assessment and offer 72.18 protective social services for purposes of preventing further 72.19 abuses, safeguarding and enhancing the welfare of the abused or 72.20 neglected minor, and preserving family life whenever possible. 72.21 If the report alleges a violation of a criminal statute 72.22 involving sexual abuse, physical abuse, or neglect or 72.23 endangerment, under section 609.378, the local law enforcement 72.24 agency and local welfare agency shall coordinate the planning 72.25 and execution of their respective investigation and assessment 72.26 efforts to avoid a duplication of fact-finding efforts and 72.27 multiple interviews. Each agency shall prepare a separate 72.28 report of the results of its investigation. In cases of alleged 72.29 child maltreatment resulting in death, the local agency may rely 72.30 on the fact-finding efforts of a law enforcement investigation 72.31 to make a determination of whether or not maltreatment 72.32 occurred. When necessary the local welfare agency shall seek 72.33 authority to remove the child from the custody of a parent, 72.34 guardian, or adult with whom the child is living. In performing 72.35 any of these duties, the local welfare agency shall maintain 72.36 appropriate records. 73.1 (b) When a local agency receives a report or otherwise has 73.2 information indicating that a child who is a client, as defined 73.3 in section 245.91, has been the subject of physical abuse, 73.4 sexual abuse, or neglect at an agency, facility, or program as 73.5 defined in section 245.91, it shall, in addition to its other 73.6 duties under this section, immediately inform the ombudsman 73.7 established under sections 245.91 to 245.97. 73.8 (c) Authority of the local welfare agency responsible for 73.9 assessing the child abuse or neglect report and of the local law 73.10 enforcement agency for investigating the alleged abuse or 73.11 neglect includes, but is not limited to, authority to interview, 73.12 without parental consent, the alleged victim and any other 73.13 minors who currently reside with or who have resided with the 73.14 alleged offender. The interview may take place at school or at 73.15 any facility or other place where the alleged victim or other 73.16 minors might be found or the child may be transported to, and 73.17 the interview conducted at, a place appropriate for the 73.18 interview of a child designated by the local welfare agency or 73.19 law enforcement agency. The interview may take place outside 73.20 the presence of the alleged offender or parent, legal custodian, 73.21 guardian, or school official. Except as provided in this 73.22 paragraph, the parent, legal custodian, or guardian shall be 73.23 notified by the responsible local welfare or law enforcement 73.24 agency no later than the conclusion of the investigation or 73.25 assessment that this interview has occurred. Notwithstanding 73.26 rule 49.02 of the Minnesota rules of procedure for juvenile 73.27 courts, the juvenile court may, after hearing on an ex parte 73.28 motion by the local welfare agency, order that, where reasonable 73.29 cause exists, the agency withhold notification of this interview 73.30 from the parent, legal custodian, or guardian. If the interview 73.31 took place or is to take place on school property, the order 73.32 shall specify that school officials may not disclose to the 73.33 parent, legal custodian, or guardian the contents of the 73.34 notification of intent to interview the child on school 73.35 property, as provided under this paragraph, and any other 73.36 related information regarding the interview that may be a part 74.1 of the child's school record. A copy of the order shall be sent 74.2 by the local welfare or law enforcement agency to the 74.3 appropriate school official. 74.4 (d) When the local welfare or local law enforcement agency 74.5 determines that an interview should take place on school 74.6 property, written notification of intent to interview the child 74.7 on school property must be received by school officials prior to 74.8 the interview. The notification shall include the name of the 74.9 child to be interviewed, the purpose of the interview, and a 74.10 reference to the statutory authority to conduct an interview on 74.11 school property. For interviews conducted by the local welfare 74.12 agency, the notification shall be signed by the chair of the 74.13 local social services agency or the chair's designee. The 74.14 notification shall be private data on individuals subject to the 74.15 provisions of this paragraph. School officials may not disclose 74.16 to the parent, legal custodian, or guardian the contents of the 74.17 notification or any other related information regarding the 74.18 interview until notified in writing by the local welfare or law 74.19 enforcement agency that the investigation or assessment has been 74.20 concluded. Until that time, the local welfare or law 74.21 enforcement agency shall be solely responsible for any 74.22 disclosures regarding the nature of the assessment or 74.23 investigation. 74.24 Except where the alleged offender is believed to be a 74.25 school official or employee, the time and place, and manner of 74.26 the interview on school premises shall be within the discretion 74.27 of school officials, but the local welfare or law enforcement 74.28 agency shall have the exclusive authority to determine who may 74.29 attend the interview. The conditions as to time, place, and 74.30 manner of the interview set by the school officials shall be 74.31 reasonable and the interview shall be conducted not more than 24 74.32 hours after the receipt of the notification unless another time 74.33 is considered necessary by agreement between the school 74.34 officials and the local welfare or law enforcement agency. 74.35 Where the school fails to comply with the provisions of this 74.36 paragraph, the juvenile court may order the school to comply. 75.1 Every effort must be made to reduce the disruption of the 75.2 educational program of the child, other students, or school 75.3 staff when an interview is conducted on school premises. 75.4 (e) Where the alleged offender or a person responsible for 75.5 the care of the alleged victim or other minor prevents access to 75.6 the victim or other minor by the local welfare agency, the 75.7 juvenile court may order the parents, legal custodian, or 75.8 guardian to produce the alleged victim or other minor for 75.9 questioning by the local welfare agency or the local law 75.10 enforcement agency outside the presence of the alleged offender 75.11 or any person responsible for the child's care at reasonable 75.12 places and times as specified by court order. 75.13 (f) Before making an order under paragraph (e), the court 75.14 shall issue an order to show cause, either upon its own motion 75.15 or upon a verified petition, specifying the basis for the 75.16 requested interviews and fixing the time and place of the 75.17 hearing. The order to show cause shall be served personally and 75.18 shall be heard in the same manner as provided in other cases in 75.19 the juvenile court. The court shall consider the need for 75.20 appointment of a guardian ad litem to protect the best interests 75.21 of the child. If appointed, the guardian ad litem shall be 75.22 present at the hearing on the order to show cause. 75.23 (g) The commissioner, the ombudsman for mental health and 75.24 mental retardation, the local welfare agencies responsible for 75.25 investigating reports, and the local law enforcement agencies 75.26 have the right to enter facilities as defined in subdivision 2 75.27 and to inspect and copy the facility's records, including 75.28 medical records, as part of the investigation. Notwithstanding 75.29 the provisions of chapter 13, they also have the right to inform 75.30 the facility under investigation that they are conducting an 75.31 investigation, to disclose to the facility the names of the 75.32 individuals under investigation for abusing or neglecting a 75.33 child, and to provide the facility with a copy of the report and 75.34 the investigative findings. 75.35 (h) The local welfare agency shall collect available and 75.36 relevant information to ascertain whether maltreatment occurred 76.1 and whether protective services are needed. Information 76.2 collected includes, when relevant, information with regard to 76.3 the person reporting the alleged maltreatment, including the 76.4 nature of the reporter's relationship to the child and to the 76.5 alleged offender, and the basis of the reporter's knowledge for 76.6 the report; the child allegedly being maltreated; the alleged 76.7 offender; the child's caretaker; and other collateral sources 76.8 having relevant information related to the alleged 76.9 maltreatment. The local welfare agency may make a determination 76.10 of no maltreatment early in an assessment, and close the case 76.11 and retain immunity, if the collected information shows no basis 76.12 for a full assessment or investigation. 76.13 Information relevant to the assessment or investigation 76.14 must be asked for, and may include: 76.15 (1) the child's sex and age, prior reports of maltreatment, 76.16 information relating to developmental functioning, credibility 76.17 of the child's statement, and whether the information provided 76.18 under this clause is consistent with other information collected 76.19 during the course of the assessment or investigation; 76.20 (2) the alleged offender's age, a record check for prior 76.21 reports of maltreatment, and criminal charges and convictions. 76.22 The local welfare agency must provide the alleged offender with 76.23 an opportunity to make a statement. The alleged offender may 76.24 submit supporting documentation relevant to the assessment or 76.25 investigation; 76.26 (3) collateral source information regarding the alleged 76.27 maltreatment and care of the child. Collateral information 76.28 includes, when relevant: (i) a medical examination of the 76.29 child; (ii) prior medical records relating to the alleged 76.30 maltreatment or the care of the child and an interview with the 76.31 treating professionals; and (iii) interviews with the child's 76.32 caretakers, including the child's parent, guardian, foster 76.33 parent, child care provider, teachers, counselors, family 76.34 members, relatives, and other persons who may have knowledge 76.35 regarding the alleged maltreatment and the care of the child; 76.36 and 77.1 (4) information on the existence of domestic abuse and 77.2 violence in the home of the child. 77.3 Nothing in this paragraph precludes the local welfare 77.4 agency from collecting other relevant information necessary to 77.5 conduct the assessment or investigation. Notwithstanding the 77.6 data's classification in the possession of any other agency, 77.7 data acquired by the local welfare agency during the course of 77.8 the assessment or investigation are private data on individuals 77.9 and must be maintained in accordance with subdivision 11. 77.10 (i) In the initial stages of an assessment or 77.11 investigation, the local welfare agency shall conduct a 77.12 face-to-face observation of the child reported to be maltreated 77.13 and a face-to-face interview of the alleged offender. The 77.14 interview with the alleged offender may be postponed if it would 77.15 jeopardize an active law enforcement investigation. 77.16 (j) The local welfare agency shall use a question and 77.17 answer interviewing format with questioning as nondirective as 77.18 possible to elicit spontaneous responses. The following 77.19 interviewing methods and procedures must be used whenever 77.20 possible when collecting information: 77.21 (1) audio recordings of all interviews with witnesses and 77.22 collateral sources; and 77.23 (2) in cases of alleged sexual abuse, audio-video 77.24 recordings of each interview with the alleged victim and child 77.25 witnesses. 77.26 Sec. 3. Minnesota Statutes 1997 Supplement, section 77.27 626.556, subdivision 10e, is amended to read: 77.28 Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every 77.29 assessment or investigation it conducts, the local welfare 77.30 agency shall make two determinations: first, whether 77.31 maltreatment has occurred; and second, whether child protective 77.32 services are needed. When maltreatment is determined in an 77.33 investigation involving a facility, the investigating agency 77.34 shall also determine whether the facility or individual was 77.35 responsible for the maltreatment using the mitigating factors in 77.36 paragraph (d). Determinations under this subdivision must be 78.1 made based on a preponderance of the evidence. 78.2 (a) For the purposes of this subdivision, "maltreatment" 78.3 means any of the following acts or omissions committed by a 78.4 person responsible for the child's care: 78.5 (1) physical abuse as defined in subdivision 2, paragraph 78.6 (d); 78.7 (2) neglect as defined in subdivision 2, paragraph (c); 78.8 (3) sexual abuse as defined in subdivision 2, paragraph 78.9 (a); or 78.10 (4) mental injury as defined in subdivision 2, paragraph 78.11 (k). 78.12 (b) For the purposes of this subdivision, a determination 78.13 that child protective services are needed means that the local 78.14 welfare agency has documented conditions during the assessment 78.15 or investigation sufficient to cause a child protection worker, 78.16 as defined in section 626.559, subdivision 1, to conclude that a 78.17 child is at significant risk of maltreatment if protective 78.18 intervention is not provided and that the individuals 78.19 responsible for the child's care have not taken or are not 78.20 likely to take actions to protect the child from maltreatment or 78.21 risk of maltreatment. 78.22 (c) This subdivision does not mean that maltreatment has 78.23 occurred solely because the child's parent, guardian, or other 78.24 person responsible for the child's care in good faith selects 78.25 and depends upon spiritual means or prayer for treatment or care 78.26 of disease or remedial care of the child, in lieu of medical 78.27 care. However, if lack of medical care may result in serious 78.28 danger to the child's health, the local welfare agency may 78.29 ensure that necessary medical services are provided to the child. 78.30 (d) When determining whether the facility or individual is 78.31 the responsible party for determined maltreatment in a facility, 78.32 the investigating agency shall consider at least the following 78.33 mitigating factors: 78.34 (1) whether the actions of the facility or the individual 78.35 caregivers were according to, and followed the terms of, an 78.36 erroneous physician order, prescription, individual care plan, 79.1 or directive; however, this is not a mitigating factor when the 79.2 facility or caregiver was responsible for the issuance of the 79.3 erroneous order, prescription, individual care plan, or 79.4 directive or knew or should have known of the errors and took no 79.5 reasonable measures to correct the defect before administering 79.6 care; 79.7 (2) comparative responsibility between the facility, other 79.8 caregivers, and requirements placed upon an employee, including 79.9 the facility's compliance with related regulatory standards and 79.10 the adequacy of facility policies and procedures, facility 79.11 training, an individual's participation in the training, the 79.12 caregiver's supervision, and facility staffing levels and the 79.13 scope of the individual employee's authority and discretion; and 79.14 (3) whether the facility or individual followed 79.15 professional standards in exercising professional judgment. 79.16 (e) The commissioner shall work with the maltreatment of 79.17 minors advisory committee established under Laws 1997, chapter 79.18 203, to make recommendations to further specify the kinds of 79.19 acts or omissions that constitute physical abuse, neglect, 79.20 sexual abuse, or mental injury. The commissioner shall submit 79.21 the recommendation and any legislation needed by January 15, 79.22 1999. Individual counties may implement more detailed 79.23 definitions or criteria that indicate which allegations to 79.24 investigate, as long as a county's policies are consistent with 79.25 the definitions in the statutes and rules and are approved by 79.26 the county board. Each local welfare agency shall periodically 79.27 inform mandated reporters under subdivision 3 who work in the 79.28 county of the definitions of maltreatment in the statutes and 79.29 rules and any additional definitions or criteria that have been 79.30 approved by the county board. 79.31 Sec. 4. Minnesota Statutes 1996, section 626.556, is 79.32 amended by adding a subdivision to read: 79.33 Subd. 10j. [RELEASE OF DATA TO MANDATED REPORTERS.] A 79.34 local social service or child protection agency may provide 79.35 relevant private data on individuals obtained under this section 79.36 to mandated reporters who have an ongoing responsibility for the 80.1 health, education, or welfare of a child affected by the data. 80.2 The commissioner shall consult with the maltreatment of minors 80.3 advisory committee to develop criteria for determining which 80.4 records may be shared with mandated reporters under this 80.5 subdivision. 80.6 Sec. 5. Minnesota Statutes 1996, section 626.556, is 80.7 amended by adding a subdivision to read: 80.8 Subd. 10k. [RELEASE OF CERTAIN INVESTIGATIVE RECORDS TO 80.9 OTHER COUNTIES.] Records maintained under subdivision 11c, 80.10 paragraph (a), may be shared with another local welfare agency 80.11 that requests the information because it is conducting an 80.12 investigation under this section of the subject of the records. 80.13 Sec. 6. Minnesota Statutes 1997 Supplement, section 80.14 626.556, subdivision 11c, is amended to read: 80.15 Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 80.16 RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 80.17 138.17, records maintained or records derived from reports of 80.18 abuse by local welfare agencies, court services agencies, or 80.19 schools under this section shall be destroyed as provided in 80.20 paragraphs (a) to (d) by the responsible authority. 80.21 (a) If upon assessment or investigation there is no 80.22 determination of maltreatment or the need for child protective 80.23 services, the recordsmaymust be maintained for a period of 80.24 four years.After the individual alleged to have maltreated a80.25child is notified under subdivision 10f of the determinations at80.26the conclusion of the assessment or investigation, upon that80.27individual's request, records shall be destroyed within 30 days80.28or after the appeal rights under subdivision 10i have been80.29concluded, whichever is later.Records under this paragraph may 80.30 not be used for employment, background checks, or purposes other 80.31 than to assist in future risk and safety assessments. 80.32 (b) All records relating to reports which, upon assessment 80.33 or investigation, indicate either maltreatment or a need for 80.34 child protective services shall be maintained for at least ten 80.35 years after the date of the final entry in the case record. 80.36 (c) All records regarding a report of maltreatment, 81.1 including any notification of intent to interview which was 81.2 received by a school under subdivision 10, paragraph (d), shall 81.3 be destroyed by the school when ordered to do so by the agency 81.4 conducting the assessment or investigation. The agency shall 81.5 order the destruction of the notification when other records 81.6 relating to the report under investigation or assessment are 81.7 destroyed under this subdivision. 81.8 (d) Private or confidential data released to a court 81.9 services agency under subdivision 10h must be destroyed by the 81.10 court services agency when ordered to do so by the local welfare 81.11 agency that released the data. The local welfare agency shall 81.12 order destruction of the data when other records relating to the 81.13 assessment or investigation are destroyed under this subdivision. 81.14 Sec. 7. Minnesota Statutes 1996, section 626.556, is 81.15 amended by adding a subdivision to read: 81.16 Subd. 15. [AUDITING.] The commissioner of human services 81.17 shall regularly audit for accuracy the data reported by counties 81.18 on maltreatment of minors. 81.19 Sec. 8. [RISK ASSESSMENT; PERFORMANCE MEASURES; EXTERNAL 81.20 REVIEW.] 81.21 Subdivision 1. [RISK ASSESSMENT ALTERNATIVES.] 81.22 Notwithstanding any rule to the contrary, the commissioner of 81.23 human services may authorize local welfare agencies to research 81.24 and conduct pilot projects for alternative methods of child 81.25 protection risk assessment. The commissioner shall give 81.26 priority to the establishment of at least one pilot project that 81.27 includes a study of domestic abuse and violence in the home as a 81.28 risk factor for children. The commissioner shall report to the 81.29 appropriate committees in the house of representatives and the 81.30 senate on the outcomes of research and risk assessment pilot 81.31 projects by January 15, 2000. 81.32 Subd. 2. [PERFORMANCE MEASUREMENT.] (a) The commissioner 81.33 of human services shall establish a task force of county and 81.34 state officials to identify: 81.35 (1) statewide measures of the performance of child welfare 81.36 services, including, but not limited to, screening, early 82.1 intervention services, assessment, number, episodes, and length 82.2 of stay in out-of-home placement, permanency, and adoption, and 82.3 steps needed to collect reliable information on these measures; 82.4 and 82.5 (2) potentially useful practices that individual counties 82.6 could use to monitor and evaluate child welfare services. 82.7 (b) The task force shall report its findings to the 82.8 commissioner by January 15, 1999. The commissioner shall 82.9 recommend to appropriate committees of the legislature during 82.10 the 1999 regular session any legislative action required to 82.11 implement task force recommendations. 82.12 Subd. 3. [COORDINATION OF CHILD WELFARE AND DOMESTIC ABUSE 82.13 SERVICES.] The commissioner of human services shall work with 82.14 the maltreatment of minors advisory committee established under 82.15 Laws 1997, chapter 203, to study and evaluate the opportunities 82.16 for coordination or integration of child welfare and domestic 82.17 abuse services for children and parents. The commissioner shall 82.18 consult with consumers and child protection and domestic abuse 82.19 advocates. The commissioner shall submit a report to the 82.20 legislature by January 15, 1999, that includes recommendations 82.21 for improving coordination between the domestic abuse and child 82.22 welfare systems for further integration of services. 82.23 Sec. 9. [PLAN FOR EXTERNAL REVIEWS.] 82.24 By January 15, 1999, the commissioner of human services 82.25 shall present to the appropriate committees in the senate and 82.26 the house of representatives a plan for periodic external 82.27 reviews of: 82.28 (1) county compliance with state statutes and rules in the 82.29 area of child protection; and 82.30 (2) the appropriateness of decisions by county child 82.31 protection agencies in selected individual cases. 82.32 Nothing in section 8 or 9 prevents the commissioner from 82.33 developing and implementing performance measurement plans for 82.34 periodic reviews and best practices before January 15, 1999.