SF 2682

1st 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; appropriating money; amending 
  1.9             Minnesota Statutes 1996, sections 256.01, subdivision 
  1.10            12, and by adding a subdivision; 257.42; 257.43; 
  1.11            259.24, subdivision 1; 259.37, subdivision 2; 260.011, 
  1.12            subdivision 2; 260.141, by adding a subdivision; 
  1.13            260.172, subdivision 1; 260.191, subdivision 1e; 
  1.14            260.221, as amended; and 626.556, by adding 
  1.15            subdivisions; Minnesota Statutes 1997 Supplement, 
  1.16            sections 144.218, subdivision 2; 245A.03, subdivision 
  1.17            2; 245A.04, subdivisions 3b and 3d; 257.071, 
  1.18            subdivision 1d; 257.85, subdivision 5; 259.22, 
  1.19            subdivision 4; 259.47, subdivision 3; 259.60, 
  1.20            subdivision 2; 260.012; 260.015, subdivisions 2a and 
  1.21            29; 260.161, subdivision 2; 260.191, subdivisions 1, 
  1.22            1a, 3a, and 3b; and 260.241, subdivision 3; proposing 
  1.23            coding for new law in Minnesota Statutes, chapters 
  1.24            257; and 626. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27                     ADOPTION AND SAFE FAMILIES
  1.28     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.29  144.218, subdivision 2, is amended to read: 
  1.30     Subd. 2.  [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
  1.31  the adoption of a person who was born in a foreign country, the 
  1.32  court, upon evidence presented by the commissioner of human 
  1.33  services from information secured at the port of entry, or upon 
  1.34  evidence from other reliable sources, may make findings of fact 
  1.35  as to the date and place of birth and parentage.  Upon receipt 
  2.1   of certified copies of the court findings and the order or 
  2.2   decree of adoption or a certified copy of a decree issued under 
  2.3   section 259.60, the state registrar shall register a birth 
  2.4   certificate in the new name of the adopted person.  The 
  2.5   certified copies of the court findings and the order or, decree 
  2.6   of adoption, or decree issued under section 259.60 are 
  2.7   confidential, pursuant to section 13.02, subdivision 3, and 
  2.8   shall not be disclosed except pursuant to court order or section 
  2.9   144.1761.  The birth certificate shall state the place of birth 
  2.10  as specifically as possible, and that the certificate is not 
  2.11  evidence of United States citizenship. 
  2.12     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.13  245A.03, subdivision 2, is amended to read: 
  2.14     Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 
  2.15  245A.16 do not apply to: 
  2.16     (1) residential or nonresidential programs that are 
  2.17  provided to a person by an individual who is related unless the 
  2.18  residential program is a child foster care placement made by a 
  2.19  local social services agency or a licensed child-placing agency, 
  2.20  except as provided in subdivision 2a; 
  2.21     (2) nonresidential programs that are provided by an 
  2.22  unrelated individual to persons from a single related family; 
  2.23     (3) residential or nonresidential programs that are 
  2.24  provided to adults who do not abuse chemicals or who do not have 
  2.25  a chemical dependency, a mental illness, mental retardation or a 
  2.26  related condition, a functional impairment, or a physical 
  2.27  handicap; 
  2.28     (4) sheltered workshops or work activity programs that are 
  2.29  certified by the commissioner of economic security; 
  2.30     (5) programs for children enrolled in kindergarten to the 
  2.31  12th grade and prekindergarten special education in a school as 
  2.32  defined in section 120.101, subdivision 4, and programs serving 
  2.33  children in combined special education and regular 
  2.34  prekindergarten programs that are operated or assisted by the 
  2.35  commissioner of children, families, and learning; 
  2.36     (6) nonresidential programs primarily for children that 
  3.1   provide care or supervision, without charge for ten or fewer 
  3.2   days a year, and for periods of less than three hours a day 
  3.3   while the child's parent or legal guardian is in the same 
  3.4   building as the nonresidential program or present within another 
  3.5   building that is directly contiguous to the building in which 
  3.6   the nonresidential program is located; 
  3.7      (7) nursing homes or hospitals licensed by the commissioner 
  3.8   of health except as specified under section 245A.02; 
  3.9      (8) board and lodge facilities licensed by the commissioner 
  3.10  of health that provide services for five or more persons whose 
  3.11  primary diagnosis is mental illness who have refused an 
  3.12  appropriate residential program offered by a county agency.  
  3.13  This exclusion expires on July 1, 1990; 
  3.14     (9) homes providing programs for persons placed there by a 
  3.15  licensed agency for legal adoption, unless the adoption is not 
  3.16  completed within two years; 
  3.17     (10) programs licensed by the commissioner of corrections; 
  3.18     (11) recreation programs for children or adults that 
  3.19  operate for fewer than 40 calendar days in a calendar year or 
  3.20  programs operated by a park and recreation board of a city of 
  3.21  the first class whose primary purpose is to provide social and 
  3.22  recreational activities to school age children, provided the 
  3.23  program is approved by the park and recreation board; 
  3.24     (12) programs operated by a school as defined in section 
  3.25  120.101, subdivision 4, whose primary purpose is to provide 
  3.26  child care to school-age children, provided the program is 
  3.27  approved by the district's school board; 
  3.28     (13) Head Start nonresidential programs which operate for 
  3.29  less than 31 days in each calendar year; 
  3.30     (14) noncertified boarding care homes unless they provide 
  3.31  services for five or more persons whose primary diagnosis is 
  3.32  mental illness or mental retardation; 
  3.33     (15) nonresidential programs for nonhandicapped children 
  3.34  provided for a cumulative total of less than 30 days in any 
  3.35  12-month period; 
  3.36     (16) residential programs for persons with mental illness, 
  4.1   that are located in hospitals, until the commissioner adopts 
  4.2   appropriate rules; 
  4.3      (17) the religious instruction of school-age children; 
  4.4   Sabbath or Sunday schools; or the congregate care of children by 
  4.5   a church, congregation, or religious society during the period 
  4.6   used by the church, congregation, or religious society for its 
  4.7   regular worship; 
  4.8      (18) camps licensed by the commissioner of health under 
  4.9   Minnesota Rules, chapter 4630; 
  4.10     (19) mental health outpatient services for adults with 
  4.11  mental illness or children with emotional disturbance; 
  4.12     (20) residential programs serving school-age children whose 
  4.13  sole purpose is cultural or educational exchange, until the 
  4.14  commissioner adopts appropriate rules; 
  4.15     (21) unrelated individuals who provide out-of-home respite 
  4.16  care services to persons with mental retardation or related 
  4.17  conditions from a single related family for no more than 90 days 
  4.18  in a 12-month period and the respite care services are for the 
  4.19  temporary relief of the person's family or legal representative; 
  4.20     (22) respite care services provided as a home and 
  4.21  community-based service to a person with mental retardation or a 
  4.22  related condition, in the person's primary residence; 
  4.23     (23) community support services programs as defined in 
  4.24  section 245.462, subdivision 6, and family community support 
  4.25  services as defined in section 245.4871, subdivision 17; 
  4.26     (24) the placement of a child by a birth parent or legal 
  4.27  guardian in a preadoptive home for purposes of adoption as 
  4.28  authorized by section 259.47; or 
  4.29     (25) settings registered under chapter 144D which provide 
  4.30  home care services licensed by the commissioner of health to 
  4.31  fewer than seven adults. 
  4.32     For purposes of clause (6), a building is directly 
  4.33  contiguous to a building in which a nonresidential program is 
  4.34  located if it shares a common wall with the building in which 
  4.35  the nonresidential program is located or is attached to that 
  4.36  building by skyway, tunnel, atrium, or common roof. 
  5.1      Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  5.2   245A.04, subdivision 3b, is amended to read: 
  5.3      Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
  5.4   individual who is the subject of the disqualification may 
  5.5   request a reconsideration of the disqualification.  
  5.6      The individual must submit the request for reconsideration 
  5.7   to the commissioner in writing.  A request for reconsideration 
  5.8   for an individual who has been sent a notice of disqualification 
  5.9   under subdivision 3a, paragraph (b), clause (1) or (2), must be 
  5.10  submitted within 30 calendar days of the disqualified 
  5.11  individual's receipt of the notice of disqualification.  A 
  5.12  request for reconsideration for an individual who has been sent 
  5.13  a notice of disqualification under subdivision 3a, paragraph 
  5.14  (b), clause (3), must be submitted within 15 calendar days of 
  5.15  the disqualified individual's receipt of the notice of 
  5.16  disqualification.  Removal of a disqualified individual from 
  5.17  direct contact shall be ordered if the individual does not 
  5.18  request reconsideration within the prescribed time, and for an 
  5.19  individual who submits a timely request for reconsideration, if 
  5.20  the disqualification is not set aside.  The individual must 
  5.21  present information showing that: 
  5.22     (1) the information the commissioner relied upon is 
  5.23  incorrect or inaccurate.  If the basis of a reconsideration 
  5.24  request is that a maltreatment determination or disposition 
  5.25  under section 626.556 or 626.557 is incorrect, and the 
  5.26  commissioner has issued a final order in an appeal of that 
  5.27  determination or disposition under section 256.045, the 
  5.28  commissioner's order is conclusive on the issue of maltreatment; 
  5.29  or 
  5.30     (2) the subject of the study does not pose a risk of harm 
  5.31  to any person served by the applicant or license holder. 
  5.32     (b) The commissioner may set aside the disqualification 
  5.33  under this section if the commissioner finds that the 
  5.34  information the commissioner relied upon is incorrect or the 
  5.35  individual does not pose a risk of harm to any person served by 
  5.36  the applicant or license holder.  In determining that an 
  6.1   individual does not pose a risk of harm, the commissioner shall 
  6.2   consider the consequences of the event or events that lead to 
  6.3   disqualification, whether there is more than one disqualifying 
  6.4   event, the vulnerability of the victim at the time of the event, 
  6.5   the time elapsed without a repeat of the same or similar event, 
  6.6   documentation of successful completion by the individual studied 
  6.7   of training or rehabilitation pertinent to the event, and any 
  6.8   other information relevant to reconsideration.  In reviewing a 
  6.9   disqualification under this section, the commissioner shall give 
  6.10  preeminent weight to the safety of each person to be served by 
  6.11  the license holder or applicant over the interests of the 
  6.12  license holder or applicant. 
  6.13     (c) Unless the information the commissioner relied on in 
  6.14  disqualifying an individual is incorrect, the commissioner may 
  6.15  not set aside the disqualification of an individual in 
  6.16  connection with a license to provide family day care for 
  6.17  children, foster care for children in the provider's own home, 
  6.18  or foster care or day care services for adults in the provider's 
  6.19  own home if: 
  6.20     (1) less than ten years have passed since the discharge of 
  6.21  the sentence imposed for the offense; and the individual has 
  6.22  been convicted of a violation of any offense listed in sections 
  6.23  609.20 (manslaughter in the first degree), 609.205 (manslaughter 
  6.24  in the second degree), criminal vehicular homicide under 609.21 
  6.25  (criminal vehicular homicide and injury), 609.215 (aiding 
  6.26  suicide or aiding attempted suicide), felony violations under 
  6.27  609.221 to 609.2231 (assault in the first, second, third, or 
  6.28  fourth degree), 609.713 (terroristic threats), 609.235 (use of 
  6.29  drugs to injure or to facilitate crime), 609.24 (simple 
  6.30  robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
  6.31  609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
  6.32  first or second degree), 609.71 (riot), burglary in the first or 
  6.33  second degree under 609.582 (burglary), 609.66 (dangerous 
  6.34  weapon), 609.665 (spring guns), 609.67 (machine guns and 
  6.35  short-barreled shotguns), 609.749 (harassment; stalking), 
  6.36  152.021 or 152.022 (controlled substance crime in the first or 
  7.1   second degree), 152.023, subdivision 1, clause (3) or (4), or 
  7.2   subdivision 2, clause (4) (controlled substance crime in the 
  7.3   third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
  7.4   (controlled substance crime in the fourth degree), 609.224, 
  7.5   subdivision 2, paragraph (c) (fifth-degree assault by a 
  7.6   caregiver against a vulnerable adult), 609.228 (great bodily 
  7.7   harm caused by distribution of drugs), 609.23 (mistreatment of 
  7.8   persons confined), 609.231 (mistreatment of residents or 
  7.9   patients), 609.2325 (criminal abuse of a vulnerable adult), 
  7.10  609.233 (criminal neglect of a vulnerable adult), 609.2335 
  7.11  (financial exploitation of a vulnerable adult), 609.234 (failure 
  7.12  to report), 609.265 (abduction), 609.2664 to 609.2665 
  7.13  (manslaughter of an unborn child in the first or second degree), 
  7.14  609.267 to 609.2672 (assault of an unborn child in the first, 
  7.15  second, or third degree), 609.268 (injury or death of an unborn 
  7.16  child in the commission of a crime), 617.293 (disseminating or 
  7.17  displaying harmful material to minors), 609.378 (neglect or 
  7.18  endangerment of a child), a gross misdemeanor offense under 
  7.19  609.377 (malicious punishment of a child), 609.72, subdivision 3 
  7.20  (disorderly conduct against a vulnerable adult); or an attempt 
  7.21  or conspiracy to commit any of these offenses, as each of these 
  7.22  offenses is defined in Minnesota Statutes; or an offense in any 
  7.23  other state, the elements of which are substantially similar to 
  7.24  the elements of any of the foregoing offenses; 
  7.25     (2) regardless of how much time has passed since the 
  7.26  discharge of the sentence imposed for the offense, the 
  7.27  individual was convicted of a violation of any offense listed in 
  7.28  sections 609.185 to 609.195 (murder in the first, second, or 
  7.29  third degree), 609.2661 to 609.2663 (murder of an unborn child 
  7.30  in the first, second, or third degree), a felony offense under 
  7.31  609.377 (malicious punishment of a child), 609.322 
  7.32  (solicitation, inducement, and promotion of prostitution), 
  7.33  609.323 (receiving profit derived from prostitution), 609.342 to 
  7.34  609.345 (criminal sexual conduct in the first, second, third, or 
  7.35  fourth degree), 609.352 (solicitation of children to engage in 
  7.36  sexual conduct), 617.246 (use of minors in a sexual 
  8.1   performance), 617.247 (possession of pictorial representations 
  8.2   of a minor), 609.365 (incest), a felony offense under 609.2242 
  8.3   and 609.2243 (domestic assault), a felony offense of spousal 
  8.4   abuse, a felony offense of child abuse or neglect, a felony 
  8.5   offense of a crime against children, or an attempt or conspiracy 
  8.6   to commit any of these offenses as defined in Minnesota 
  8.7   Statutes, or an offense in any other state, the elements of 
  8.8   which are substantially similar to any of the foregoing 
  8.9   offenses; 
  8.10     (3) within the seven years preceding the study, the 
  8.11  individual committed an act that constitutes maltreatment of a 
  8.12  child under section 626.556, subdivision 10e, and that resulted 
  8.13  in substantial bodily harm as defined in section 609.02, 
  8.14  subdivision 7a, or substantial mental or emotional harm as 
  8.15  supported by competent psychological or psychiatric evidence; or 
  8.16     (4) within the seven years preceding the study, the 
  8.17  individual was determined under section 626.557 to be the 
  8.18  perpetrator of a substantiated incident of maltreatment of a 
  8.19  vulnerable adult that resulted in substantial bodily harm as 
  8.20  defined in section 609.02, subdivision 7a, or substantial mental 
  8.21  or emotional harm as supported by competent psychological or 
  8.22  psychiatric evidence. 
  8.23     In the case of any ground for disqualification under 
  8.24  clauses (1) to (4), if the act was committed by an individual 
  8.25  other than the applicant or license holder residing in the 
  8.26  applicant's or license holder's home, the applicant or license 
  8.27  holder may seek reconsideration when the individual who 
  8.28  committed the act no longer resides in the home.  
  8.29     The disqualification periods provided under clauses (1), 
  8.30  (3), and (4) are the minimum applicable disqualification 
  8.31  periods.  The commissioner may determine that an individual 
  8.32  should continue to be disqualified from licensure because the 
  8.33  license holder or applicant poses a risk of harm to a person 
  8.34  served by that individual after the minimum disqualification 
  8.35  period has passed. 
  8.36     (d) The commissioner shall respond in writing or by 
  9.1   electronic transmission to all reconsideration requests for 
  9.2   which the basis for the request is that the information relied 
  9.3   upon by the commissioner to disqualify is incorrect or 
  9.4   inaccurate within 30 working days of receipt of a request and 
  9.5   all relevant information.  If the basis for the request is that 
  9.6   the individual does not pose a risk of harm, the commissioner 
  9.7   shall respond to the request within 15 working days after 
  9.8   receiving the request for reconsideration and all relevant 
  9.9   information.  If the disqualification is set aside, the 
  9.10  commissioner shall notify the applicant or license holder in 
  9.11  writing or by electronic transmission of the decision. 
  9.12     (e) Except as provided in subdivision 3c, the 
  9.13  commissioner's decision to disqualify an individual, including 
  9.14  the decision to grant or deny a rescission or set aside a 
  9.15  disqualification under this section, is the final administrative 
  9.16  agency action and shall not be subject to further review in a 
  9.17  contested case under chapter 14 involving a negative licensing 
  9.18  appeal taken in response to the disqualification or involving an 
  9.19  accuracy and completeness appeal under section 13.04. 
  9.20     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  9.21  245A.04, subdivision 3d, is amended to read: 
  9.22     Subd. 3d.  [DISQUALIFICATION.] When a background study 
  9.23  completed under subdivision 3 shows any of the following:  a 
  9.24  conviction of one or more crimes listed in clauses (1) to (4); 
  9.25  the individual has admitted to or a preponderance of the 
  9.26  evidence indicates the individual has committed an act or acts 
  9.27  that meet the definition of any of the crimes listed in clauses 
  9.28  (1) to (4); or an administrative determination listed under 
  9.29  clause (4), the individual shall be disqualified from any 
  9.30  position allowing direct contact with persons receiving services 
  9.31  from the license holder: 
  9.32     (1) regardless of how much time has passed since the 
  9.33  discharge of the sentence imposed for the offense, and unless 
  9.34  otherwise specified, regardless of the level of the conviction, 
  9.35  the individual was convicted of any of the following offenses:  
  9.36  sections 609.185 (murder in the first degree); 609.19 (murder in 
 10.1   the second degree); 609.195 (murder in the third degree); 
 10.2   609.2661 (murder of an unborn child in the first degree); 
 10.3   609.2662 (murder of an unborn child in the second degree); 
 10.4   609.2663 (murder of an unborn child in the third degree); 
 10.5   609.322 (solicitation, inducement, and promotion of 
 10.6   prostitution); 609.323 (receiving profit derived from 
 10.7   prostitution); 609.342 (criminal sexual conduct in the first 
 10.8   degree); 609.343 (criminal sexual conduct in the second degree); 
 10.9   609.344 (criminal sexual conduct in the third degree); 609.345 
 10.10  (criminal sexual conduct in the fourth degree); 609.352 
 10.11  (solicitation of children to engage in sexual conduct); 609.365 
 10.12  (incest); felony offense under 609.377 (malicious punishment of 
 10.13  a child); 617.246 (use of minors in sexual performance 
 10.14  prohibited); 617.247 (possession of pictorial representations of 
 10.15  minors); a felony offense under 609.2242 and 609.2243 (domestic 
 10.16  assault), a felony offense of spousal abuse, a felony offense of 
 10.17  child abuse or neglect, a felony offense of a crime against 
 10.18  children; or attempt or conspiracy to commit any of these 
 10.19  offenses as defined in Minnesota Statutes, or an offense in any 
 10.20  other state or country, where the elements are substantially 
 10.21  similar to any of the offenses listed in this clause; 
 10.22     (2) if less than 15 years have passed since the discharge 
 10.23  of the sentence imposed for the offense; and the individual has 
 10.24  received a felony conviction for a violation of any of these 
 10.25  offenses:  sections 609.20 (manslaughter in the first degree); 
 10.26  609.205 (manslaughter in the second degree); 609.21 (criminal 
 10.27  vehicular homicide and injury); 609.215 (suicide); 609.221 to 
 10.28  609.2231 (assault in the first, second, third, or fourth 
 10.29  degree); repeat offenses under 609.224 (assault in the fifth 
 10.30  degree); 609.2242 and 609.2243 (domestic assault; sentencing; 
 10.31  repeat domestic assault); repeat offenses under 609.3451 
 10.32  (criminal sexual conduct in the fifth degree); 609.713 
 10.33  (terroristic threats); 609.235 (use of drugs to injure or 
 10.34  facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
 10.35  robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 
 10.36  609.561 (arson in the first degree); 609.562 (arson in the 
 11.1   second degree); 609.563 (arson in the third degree); repeat 
 11.2   offenses under 617.23 (indecent exposure; penalties); repeat 
 11.3   offenses under 617.241 (obscene materials and performances; 
 11.4   distribution and exhibition prohibited; penalty); 609.71 (riot); 
 11.5   609.66 (dangerous weapons); 609.67 (machine guns and 
 11.6   short-barreled shotguns); 609.749 (harassment; stalking; 
 11.7   penalties); 609.228 (great bodily harm caused by distribution of 
 11.8   drugs); 609.2325 (criminal abuse of a vulnerable adult); 
 11.9   609.2664 (manslaughter of an unborn child in the first degree); 
 11.10  609.2665 (manslaughter of an unborn child in the second degree); 
 11.11  609.267 (assault of an unborn child in the first degree); 
 11.12  609.2671 (assault of an unborn child in the second degree); 
 11.13  609.268 (injury or death of an unborn child in the commission of 
 11.14  a crime); 609.378 (neglect or endangerment of a child); 609.324, 
 11.15  subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335 
 11.16  (financial exploitation of a vulnerable adult); 609.521 
 11.17  (possession of shoplifting gear); 609.582 (burglary); 609.625 
 11.18  (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 
 11.19  offering a forged check); 609.635 (obtaining signature by false 
 11.20  pretense); 609.27 (coercion); 609.275 (attempt to coerce); 
 11.21  609.687 (adulteration); 260.221 (grounds for termination of 
 11.22  parental rights); and chapter 152 (drugs; controlled 
 11.23  substance).  An attempt or conspiracy to commit any of these 
 11.24  offenses, as each of these offenses is defined in Minnesota 
 11.25  Statutes; or an offense in any other state or country, the 
 11.26  elements of which are substantially similar to the elements of 
 11.27  the offenses in this clause.  If the individual studied is 
 11.28  convicted of one of the felonies listed in this clause, but the 
 11.29  sentence is a gross misdemeanor or misdemeanor disposition, the 
 11.30  look-back period for the conviction is the period applicable to 
 11.31  the disposition, that is the period for gross misdemeanors or 
 11.32  misdemeanors; 
 11.33     (3) if less than ten years have passed since the discharge 
 11.34  of the sentence imposed for the offense; and the individual has 
 11.35  received a gross misdemeanor conviction for a violation of any 
 11.36  of the following offenses:  sections 609.224 (assault in the 
 12.1   fifth degree); 609.2242 and 609.2243 (domestic assault); 
 12.2   violation of an order for protection under 518B.01, subdivision 
 12.3   14; 609.3451 (criminal sexual conduct in the fifth degree); 
 12.4   repeat offenses under 609.746 (interference with privacy); 
 12.5   repeat offenses under 617.23 (indecent exposure); 617.241 
 12.6   (obscene materials and performances); 617.243 (indecent 
 12.7   literature, distribution); 617.293 (harmful materials; 
 12.8   dissemination and display to minors prohibited); 609.71 (riot); 
 12.9   609.66 (dangerous weapons); 609.749 (harassment; stalking; 
 12.10  penalties); 609.224, subdivision 2, paragraph (c) (assault in 
 12.11  the fifth degree by a caregiver against a vulnerable adult); 
 12.12  609.23 (mistreatment of persons confined); 609.231 (mistreatment 
 12.13  of residents or patients); 609.2325 (criminal abuse of a 
 12.14  vulnerable adult); 609.233 (criminal neglect of a vulnerable 
 12.15  adult); 609.2335 (financial exploitation of a vulnerable adult); 
 12.16  609.234 (failure to report maltreatment of a vulnerable adult); 
 12.17  609.72, subdivision 3 (disorderly conduct against a vulnerable 
 12.18  adult); 609.265 (abduction); 609.378 (neglect or endangerment of 
 12.19  a child); 609.377 (malicious punishment of a child); 609.324, 
 12.20  subdivision 1a (other prohibited acts; minor engaged in 
 12.21  prostitution); 609.33 (disorderly house); 609.52 (theft); 
 12.22  609.582 (burglary); 609.631 (check forgery; offering a forged 
 12.23  check); 609.275 (attempt to coerce); or an attempt or conspiracy 
 12.24  to commit any of these offenses, as each of these offenses is 
 12.25  defined in Minnesota Statutes; or an offense in any other state 
 12.26  or country, the elements of which are substantially similar to 
 12.27  the elements of any of the offenses listed in this clause.  If 
 12.28  the defendant is convicted of one of the gross misdemeanors 
 12.29  listed in this clause, but the sentence is a misdemeanor 
 12.30  disposition, the look-back period for the conviction is the 
 12.31  period applicable to misdemeanors; 
 12.32     (4) if less than seven years have passed since the 
 12.33  discharge of the sentence imposed for the offense; and the 
 12.34  individual has received a misdemeanor conviction for a violation 
 12.35  of any of the following offenses:  sections 609.224 (assault in 
 12.36  the fifth degree); 609.2242 (domestic assault); violation of an 
 13.1   order for protection under 518B.01 (Domestic Abuse Act); 
 13.2   violation of an order for protection under 609.3232 (protective 
 13.3   order authorized; procedures; penalties); 609.746 (interference 
 13.4   with privacy); 609.79 (obscene or harassing phone calls); 
 13.5   609.795 (letter, telegram, or package; opening; harassment); 
 13.6   617.23 (indecent exposure; penalties); 609.2672 (assault of an 
 13.7   unborn child in the third degree); 617.293 (harmful materials; 
 13.8   dissemination and display to minors prohibited); 609.66 
 13.9   (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
 13.10  exploitation of a vulnerable adult); 609.234 (failure to report 
 13.11  maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
 13.12  (coercion); or an attempt or conspiracy to commit any of these 
 13.13  offenses, as each of these offenses is defined in Minnesota 
 13.14  Statutes; or an offense in any other state or country, the 
 13.15  elements of which are substantially similar to the elements of 
 13.16  any of the offenses listed in this clause; failure to make 
 13.17  required reports under section 626.556, subdivision 3, or 
 13.18  626.557, subdivision 3, for incidents in which:  (i) the final 
 13.19  disposition under section 626.556 or 626.557 was substantiated 
 13.20  maltreatment, and (ii) the maltreatment was recurring or 
 13.21  serious; or substantiated serious or recurring maltreatment of a 
 13.22  minor under section 626.556 or of a vulnerable adult under 
 13.23  section 626.557 for which there is a preponderance of evidence 
 13.24  that the maltreatment occurred, and that the subject was 
 13.25  responsible for the maltreatment.  For the purposes of this 
 13.26  section, serious maltreatment means sexual abuse; maltreatment 
 13.27  resulting in death; or maltreatment resulting in serious injury 
 13.28  or harm which reasonably requires the care of a physician 
 13.29  whether or not the care of a physician was sought, including:; 
 13.30  or abuse resulting in serious injury.  For purposes of this 
 13.31  section, the following are deemed to be serious injuries: 
 13.32  bruises, bites, skin laceration or tissue damage; fractures; 
 13.33  dislocations; evidence of internal injuries; head injuries with 
 13.34  loss of consciousness; extensive second-degree or third-degree 
 13.35  burns and other burns for which complications are 
 13.36  present; extensive second-degree or third-degree frostbite, and 
 14.1   others for which complications are present; irreversible 
 14.2   mobility or avulsion of teeth; injuries to the eyeball; 
 14.3   ingestion of foreign substances and objects that are harmful; 
 14.4   near drowning; and heat exhaustion or sunstroke.  For the 
 14.5   purposes of this section, recurring maltreatment means more than 
 14.6   one incident of maltreatment for which there is a preponderance 
 14.7   of evidence that the maltreatment occurred, and that the subject 
 14.8   was responsible for the maltreatment. 
 14.9      Sec. 5.  Minnesota Statutes 1996, section 256.01, 
 14.10  subdivision 12, is amended to read: 
 14.11     Subd. 12.  [CHILD MORTALITY REVIEW PANEL.] (a) The 
 14.12  commissioner shall establish a child mortality review panel for 
 14.13  reviewing to review deaths of children in Minnesota, including 
 14.14  deaths attributed to maltreatment or in which maltreatment may 
 14.15  be a contributing cause and to review near fatalities as defined 
 14.16  in section 626.556, subdivision 11d.  The commissioners of 
 14.17  health, children, families, and learning, and public safety and 
 14.18  the attorney general shall each designate a representative to 
 14.19  the child mortality review panel.  Other panel members shall be 
 14.20  appointed by the commissioner, including a board-certified 
 14.21  pathologist and a physician who is a coroner or a medical 
 14.22  examiner.  The purpose of the panel shall be to make 
 14.23  recommendations to the state and to county agencies for 
 14.24  improving the child protection system, including modifications 
 14.25  in statute, rule, policy, and procedure. 
 14.26     (b) The commissioner may require a county agency to 
 14.27  establish a local child mortality review panel.  The 
 14.28  commissioner may establish procedures for conducting local 
 14.29  reviews and may require that all professionals with knowledge of 
 14.30  a child mortality case participate in the local review.  In this 
 14.31  section, "professional" means a person licensed to perform or a 
 14.32  person performing a specific service in the child protective 
 14.33  service system.  "Professional" includes law enforcement 
 14.34  personnel, social service agency attorneys, educators, and 
 14.35  social service, health care, and mental health care providers. 
 14.36     (c) If the commissioner of human services has reason to 
 15.1   believe that a child's death was caused by maltreatment or that 
 15.2   maltreatment was a contributing cause, the commissioner has 
 15.3   access to not public data under chapter 13 maintained by state 
 15.4   agencies, statewide systems, or political subdivisions that are 
 15.5   related to the child's death or circumstances surrounding the 
 15.6   care of the child.  The commissioner shall also have access to 
 15.7   records of private hospitals as necessary to carry out the 
 15.8   duties prescribed by this section.  Access to data under this 
 15.9   paragraph is limited to police investigative data; autopsy 
 15.10  records and coroner or medical examiner investigative data; 
 15.11  hospital, public health, or other medical records of the child; 
 15.12  hospital and other medical records of the child's parent that 
 15.13  relate to prenatal care; and records created by social service 
 15.14  agencies that provided services to the child or family within 
 15.15  three years preceding the child's death.  A state agency, 
 15.16  statewide system, or political subdivision shall provide the 
 15.17  data upon request of the commissioner.  Not public data may be 
 15.18  shared with members of the state or local child mortality review 
 15.19  panel in connection with an individual case. 
 15.20     (d) Notwithstanding the data's classification in the 
 15.21  possession of any other agency, data acquired by a local or 
 15.22  state child mortality review panel in the exercise of its duties 
 15.23  is protected nonpublic or confidential data as defined in 
 15.24  section 13.02, but may be disclosed as necessary to carry out 
 15.25  the purposes of the review panel.  The data is not subject to 
 15.26  subpoena or discovery.  The commissioner may disclose 
 15.27  conclusions of the review panel, but shall not disclose data 
 15.28  that was classified as confidential or private data on 
 15.29  decedents, under section 13.10, or private, confidential, or 
 15.30  protected nonpublic data in the disseminating agency, except 
 15.31  that the commissioner may disclose local social service agency 
 15.32  data as provided in section 626.556, subdivision 11d, on 
 15.33  individual cases involving a fatality or near fatality of a 
 15.34  person served by the local social service agency prior to the 
 15.35  date of death. 
 15.36     (e) A person attending a child mortality review panel 
 16.1   meeting shall not disclose what transpired at the meeting, 
 16.2   except to carry out the purposes of the mortality review panel.  
 16.3   The proceedings and records of the mortality review panel are 
 16.4   protected nonpublic data as defined in section 13.02, 
 16.5   subdivision 13, and are not subject to discovery or introduction 
 16.6   into evidence in a civil or criminal action against a 
 16.7   professional, the state or a county agency, arising out of the 
 16.8   matters the panel is reviewing.  Information, documents, and 
 16.9   records otherwise available from other sources are not immune 
 16.10  from discovery or use in a civil or criminal action solely 
 16.11  because they were presented during proceedings of the review 
 16.12  panel.  A person who presented information before the review 
 16.13  panel or who is a member of the panel shall not be prevented 
 16.14  from testifying about matters within the person's knowledge.  
 16.15  However, in a civil or criminal proceeding a person shall not be 
 16.16  questioned about the person's presentation of information to the 
 16.17  review panel or opinions formed by the person as a result of the 
 16.18  review meetings.  
 16.19     Sec. 6.  Minnesota Statutes 1996, section 256.01, is 
 16.20  amended by adding a subdivision to read: 
 16.21     Subd. 15.  [CITIZEN REVIEW PANELS.] (a) The commissioner 
 16.22  shall establish a minimum of three citizen review panels to 
 16.23  examine the policies and procedures of state and local welfare 
 16.24  agencies to evaluate the extent to which the agencies are 
 16.25  effectively discharging their child protection 
 16.26  responsibilities.  Local social service agencies shall cooperate 
 16.27  and work with the citizen review panels.  Where appropriate, the 
 16.28  panels may examine specific cases to evaluate the effectiveness 
 16.29  of child protection activities.  The panels must examine the 
 16.30  extent to which the state and local agencies are meeting the 
 16.31  requirements of the federal Child Abuse Prevention and Treatment 
 16.32  Act and the Reporting of Maltreatment of Minors Act.  The 
 16.33  commissioner may authorize mortality review panels or child 
 16.34  protection teams to carry out the duties of a citizen review 
 16.35  panel if membership meets or is expanded to meet the 
 16.36  requirements of this section. 
 17.1      (b) The panel membership must include volunteers who 
 17.2   broadly represent the community in which the panel is 
 17.3   established, including members who have expertise in the 
 17.4   prevention and treatment of child abuse and neglect, child 
 17.5   protection advocates, and representatives of the councils of 
 17.6   color and ombudsperson for families. 
 17.7      (c) A citizen review panel has access to the following data 
 17.8   for specific case review under this paragraph:  police 
 17.9   investigative data; autopsy records and coroner or medical 
 17.10  examiner investigative data; hospital, public health, or other 
 17.11  medical records of the child; hospital and other medical records 
 17.12  of the child's parent that relate to prenatal care; records 
 17.13  created by social service agencies that provided services to the 
 17.14  child or family; and personnel data related to an employee's 
 17.15  performance in discharging child protection responsibilities.  A 
 17.16  state agency, statewide system, or political subdivision shall 
 17.17  provide the data upon request of the commissioner.  Not public 
 17.18  data may be shared with members of the state or local citizen 
 17.19  review panel in connection with an individual case. 
 17.20     (d) Notwithstanding the data's classification in the 
 17.21  possession of any other agency, data acquired by a local or 
 17.22  state citizen review panel in the exercise of its duties are 
 17.23  protected nonpublic or confidential data as defined in section 
 17.24  13.02, but may be disclosed as necessary to carry out the 
 17.25  purposes of the review panel.  The data are not subject to 
 17.26  subpoena or discovery.  The commissioner may disclose 
 17.27  conclusions of the review panel, but may not disclose data on 
 17.28  individuals that were classified as confidential or private data 
 17.29  on individuals in the possession of the state agency, statewide 
 17.30  system, or political subdivision from which the data were 
 17.31  received, except that the commissioner may disclose local social 
 17.32  service agency data as provided in section 626.556, subdivision 
 17.33  11d, on individual cases involving a fatality or near fatality 
 17.34  of a person served by the local social service agency prior to 
 17.35  the date of death.  
 17.36     (e) A person attending a citizen review panel meeting may 
 18.1   not disclose what transpired at the meeting, except to carry out 
 18.2   the purposes of the review panel.  The proceedings and records 
 18.3   of the review panel are protected nonpublic data as defined in 
 18.4   section 13.02, subdivision 13, and are not subject to discovery 
 18.5   or introduction into evidence in a civil or criminal action 
 18.6   against a professional, the state, or county agency arising out 
 18.7   of the matters the panel is reviewing.  Information, documents, 
 18.8   and records otherwise available from other sources are not 
 18.9   immune from discovery or use in a civil or criminal action 
 18.10  solely because they were presented during proceedings of the 
 18.11  review panel.  A person who presented information before the 
 18.12  review panel or who is a member of the panel is not prevented 
 18.13  from testifying about matters within the person's knowledge.  
 18.14  However, in a civil or criminal proceeding, a person must not be 
 18.15  questioned about the person's presentation of information to the 
 18.16  review panel or opinions formed by the person as a result of the 
 18.17  review panel meetings. 
 18.18     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
 18.19  257.071, subdivision 1d, is amended to read: 
 18.20     Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
 18.21  after a child is initially placed in a residential facility, the 
 18.22  local social service agency shall identify any relatives of the 
 18.23  child and notify them of the need for a foster care home for the 
 18.24  child and of the possibility of the need for a permanent 
 18.25  out-of-home placement of the child, and.  Relatives should also 
 18.26  be notified that a decision not to be a placement resource at 
 18.27  the beginning of the case may affect the relative's right being 
 18.28  considered to have the child placed with that relative later.  
 18.29  The relatives must be notified that they must keep the local 
 18.30  social service agency informed of their current address in order 
 18.31  to receive notice of any that a permanent placement hearing is 
 18.32  being sought for the child.  A relative who fails to provide a 
 18.33  current address to the local social service agency forfeits the 
 18.34  right to notice of the possibility of permanent placement. 
 18.35     (b) Unless relieved of this duty by the court because the 
 18.36  child is placed with an appropriate relative who wishes to 
 19.1   provide a permanent home for the child, when the agency 
 19.2   determines that it is necessary to prepare for the permanent 
 19.3   placement determination hearing, or in anticipation of filing a 
 19.4   termination of parental rights petition, the agency shall send 
 19.5   notice to the relatives, any adult with whom the child is 
 19.6   currently residing, any adult with whom the child has resided 
 19.7   for one year or longer in the past, and any adults who have 
 19.8   maintained a relationship or exercised visitation with the child 
 19.9   as identified in the agency case plan.  The notice must state 
 19.10  that a permanent home is sought for the child and that the 
 19.11  individuals receiving the notice may indicate to the agency 
 19.12  their interest in providing a permanent home.  The notice must 
 19.13  contain an advisory that if the relative chooses not to be a 
 19.14  placement resource at the beginning of the case, this may affect 
 19.15  the relative's rights to have the child placed with that 
 19.16  relative permanently later on.  The notice must state that 
 19.17  within 30 days of receipt of the notice an individual receiving 
 19.18  the notice must indicate to the agency the individual's interest 
 19.19  in providing a permanent home for the child or that the 
 19.20  individual may lose the opportunity to be considered for a 
 19.21  permanent placement.  This notice need not be sent if the child 
 19.22  is placed with an appropriate relative who wishes to provide a 
 19.23  permanent home for the child. 
 19.24     Sec. 8.  Minnesota Statutes 1996, section 257.42, is 
 19.25  amended to read: 
 19.26     257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 
 19.27     The "appropriate public authorities" as used in article 3 
 19.28  of the interstate compact on the placement of children shall, 
 19.29  with reference to this state, mean the Minnesota department 
 19.30  commissioner of human services and said department.  The 
 19.31  commissioner of human services or the commissioner's delegate 
 19.32  shall receive and act with reference to notices required by said 
 19.33  article 3.  
 19.34     Sec. 9.  Minnesota Statutes 1996, section 257.43, is 
 19.35  amended to read: 
 19.36     257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.] 
 20.1      As used in paragraph (a) of article 5 of the interstate 
 20.2   compact on the placement of children, the phrase "appropriate 
 20.3   authority in the receiving state" with reference to this state 
 20.4   shall mean the commissioner of human services or the 
 20.5   commissioner's delegate.  
 20.6      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 20.7   257.85, subdivision 5, is amended to read: 
 20.8      Subd. 5.  [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A 
 20.9   relative custody assistance agreement will not be effective, 
 20.10  unless it is signed by the local agency and the relative 
 20.11  custodian no later than 30 days after the date of the order 
 20.12  establishing permanent legal and physical custody with the 
 20.13  relative, except that a local agency may enter into a relative 
 20.14  custody assistance agreement with a relative custodian more than 
 20.15  30 days after the date of the order if it certifies that the 
 20.16  delay in entering the agreement was through no fault of the 
 20.17  relative custodian.  There must be a separate agreement for each 
 20.18  child for whom the relative custodian is receiving relative 
 20.19  custody assistance. 
 20.20     (b) Regardless of when the relative custody assistance 
 20.21  agreement is signed by the local agency and relative custodian, 
 20.22  the effective date of the agreement shall be the first day of 
 20.23  the month following the date of the order establishing permanent 
 20.24  legal and physical custody or the date that the last party signs 
 20.25  the agreement, whichever occurs later. 
 20.26     (c) If MFIP-S is not the applicable program for a child at 
 20.27  the time that a relative custody assistance agreement is entered 
 20.28  on behalf of the child, when MFIP-S becomes the applicable 
 20.29  program, if the relative custodian had been receiving custody 
 20.30  assistance payments calculated based upon a different program, 
 20.31  the amount of relative custody assistance payment under 
 20.32  subdivision 7 shall be recalculated under the MFIP-S program. 
 20.33     (d) The relative custody assistance agreement shall be in a 
 20.34  form specified by the commissioner and shall include provisions 
 20.35  relating to the following: 
 20.36     (1) the responsibilities of all parties to the agreement; 
 21.1      (2) the payment terms, including the financial 
 21.2   circumstances of the relative custodian, the needs of the child, 
 21.3   the amount and calculation of the relative custody assistance 
 21.4   payments, and that the amount of the payments shall be 
 21.5   reevaluated annually; 
 21.6      (3) the effective date of the agreement, which shall also 
 21.7   be the anniversary date for the purpose of submitting the annual 
 21.8   affidavit under subdivision 8; 
 21.9      (4) that failure to submit the affidavit as required by 
 21.10  subdivision 8 will be grounds for terminating the agreement; 
 21.11     (5) the agreement's expected duration, which shall not 
 21.12  extend beyond the child's eighteenth birthday; 
 21.13     (6) any specific known circumstances that could cause the 
 21.14  agreement or payments to be modified, reduced, or terminated and 
 21.15  the relative custodian's appeal rights under subdivision 9; 
 21.16     (7) that the relative custodian must notify the local 
 21.17  agency within 30 days of any of the following: 
 21.18     (i) a change in the child's status; 
 21.19     (ii) a change in the relationship between the relative 
 21.20  custodian and the child; 
 21.21     (iii) a change in composition or level of income of the 
 21.22  relative custodian's family; 
 21.23     (iv) a change in eligibility or receipt of benefits under 
 21.24  AFDC, MFIP-S, or other assistance program; and 
 21.25     (v) any other change that could affect eligibility for or 
 21.26  amount of relative custody assistance; 
 21.27     (8) that failure to provide notice of a change as required 
 21.28  by clause (7) will be grounds for terminating the agreement; 
 21.29     (9) that the amount of relative custody assistance is 
 21.30  subject to the availability of state funds to reimburse the 
 21.31  local agency making the payments; 
 21.32     (10) that the relative custodian may choose to temporarily 
 21.33  stop receiving payments under the agreement at any time by 
 21.34  providing 30 days' notice to the local agency and may choose to 
 21.35  begin receiving payments again by providing the same notice but 
 21.36  any payments the relative custodian chooses not to receive are 
 22.1   forfeit; and 
 22.2      (11) that the local agency will continue to be responsible 
 22.3   for making relative custody assistance payments under the 
 22.4   agreement regardless of the relative custodian's place of 
 22.5   residence. 
 22.6      Sec. 11.  Minnesota Statutes 1997 Supplement, section 
 22.7   259.22, subdivision 4, is amended to read: 
 22.8      Subd. 4.  [TIME FOR FILING PETITION.] A petition shall be 
 22.9   filed not later than 24 12 months after a child is placed in a 
 22.10  prospective adoptive home.  If a petition is not filed by that 
 22.11  time, the agency that placed the child, or, in a direct adoptive 
 22.12  placement, the agency that is supervising the placement shall 
 22.13  file with the district court in the county where the prospective 
 22.14  adoptive parent resides a motion for an order and a report 
 22.15  recommending one of the following: 
 22.16     (1) that the time for filing a petition be extended because 
 22.17  of the child's special needs as defined under title IV-E of the 
 22.18  Social Security Act, United States Code, title 42, section 673; 
 22.19     (2) that, based on a written plan for completing filing of 
 22.20  the petition, including a specific timeline, to which the 
 22.21  prospective adoptive parents have agreed, the time for filing a 
 22.22  petition be extended long enough to complete the plan because 
 22.23  such an extension is in the best interests of the child and 
 22.24  additional time is needed for the child to adjust to the 
 22.25  adoptive home; or 
 22.26     (3) that the child be removed from the prospective adoptive 
 22.27  home. 
 22.28     The prospective adoptive parent must reimburse an agency 
 22.29  for the cost of preparing and filing the motion and report under 
 22.30  this section, unless the costs are reimbursed by the 
 22.31  commissioner under section 259.67 or 259.73. 
 22.32     Sec. 12.  Minnesota Statutes 1996, section 259.24, 
 22.33  subdivision 1, is amended to read: 
 22.34     Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
 22.35  without the consent of the child's parents and the child's 
 22.36  guardian, if there be one, except in the following instances: 
 23.1      (a) Consent shall not be required of a parent not entitled 
 23.2   to notice of the proceedings.  
 23.3      (b) Consent shall not be required of a parent who has 
 23.4   abandoned the child, or of a parent who has lost custody of the 
 23.5   child through a divorce decree or a decree of dissolution, and 
 23.6   upon whom notice has been served as required by section 259.49. 
 23.7      (c) Consent shall not be required of a parent whose 
 23.8   parental rights to the child have been terminated by a juvenile 
 23.9   court or who has lost custody of a child through a final 
 23.10  commitment of the juvenile court or through a decree in a prior 
 23.11  adoption proceeding. 
 23.12     (d) If there be no parent or guardian qualified to consent 
 23.13  to the adoption, the consent may be given by the commissioner. 
 23.14     (e) The commissioner or agency having authority to place a 
 23.15  child for adoption pursuant to section 259.25, subdivision 1, 
 23.16  shall have the exclusive right to consent to the adoption of 
 23.17  such child.  Notwithstanding any rule to the contrary, the 
 23.18  commissioner may delegate the right to consent to the adoption 
 23.19  or separation of siblings, if it is in the child's best 
 23.20  interest, to a local social services agency.  
 23.21     Sec. 13.  Minnesota Statutes 1996, section 259.37, 
 23.22  subdivision 2, is amended to read: 
 23.23     Subd. 2.  [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE 
 23.24  PARENTS.] An agency shall provide a disclosure statement written 
 23.25  in clear, plain language to be signed by the prospective 
 23.26  adoptive parents and birth parents, except that in intercountry 
 23.27  adoptions, the signatures of birth parents are not required.  
 23.28  The disclosure statement must contain the following information: 
 23.29     (1) fees charged to the adoptive parent, including any 
 23.30  policy on sliding scale fees or fee waivers and an itemization 
 23.31  of the amount that will be charged for the adoption study, 
 23.32  counseling, postplacement services, family of origin searches, 
 23.33  birth parent expenses authorized under section 259.55, or any 
 23.34  other services; 
 23.35     (2) timeline for the adoptive parent to make fee payments; 
 23.36     (3) likelihood, given the circumstances of the prospective 
 24.1   adoptive parent and any specific program to which the 
 24.2   prospective adoptive parent is applying, that an adoptive 
 24.3   placement may be made and the estimated length of time for 
 24.4   making an adoptive placement.  These estimates must be based on 
 24.5   adoptive placements made with prospective parents in similar 
 24.6   circumstances applying to a similar program with the agency 
 24.7   during the immediately preceding three to five years.  If an 
 24.8   agency has not been in operation for at least three years, it 
 24.9   must provide summary data based on whatever adoptive placements 
 24.10  it has made and may include a statement about the kind of 
 24.11  efforts it will make to achieve an adoptive placement, including 
 24.12  a timetable it will follow in seeking a child.  The estimates 
 24.13  must include a statement that the agency cannot guarantee 
 24.14  placement of a child or a time by which a child will be placed; 
 24.15     (4) a statement of the services the agency will provide the 
 24.16  birth and adoptive parents; 
 24.17     (5) a statement prepared by the commissioner under section 
 24.18  259.39 that explains the child placement and adoption process 
 24.19  and the respective legal rights and responsibilities of the 
 24.20  birth parent and prospective adoptive parent during the process 
 24.21  including a statement that the prospective adoptive parent is 
 24.22  responsible for filing an adoption petition not later than 24 12 
 24.23  months after the child is placed in the prospective adoptive 
 24.24  home; 
 24.25     (6) a statement regarding any information the agency may 
 24.26  have about attorney referral services, or about obtaining 
 24.27  assistance with completing legal requirements for an adoption; 
 24.28  and 
 24.29     (7) an acknowledgment to be signed by the birth parent and 
 24.30  prospective adoptive parent that they have received, read, and 
 24.31  had the opportunity to ask questions of the agency about the 
 24.32  contents of the disclosure statement. 
 24.33     Sec. 14.  Minnesota Statutes 1997 Supplement, section 
 24.34  259.47, subdivision 3, is amended to read: 
 24.35     Subd. 3.  [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 
 24.36  is placed in a prospective adoptive home by a birth parent or 
 25.1   legal guardian, other than an agency, the placement must be 
 25.2   approved by the district court in the county where the 
 25.3   prospective adoptive parent resides.  An order under this 
 25.4   subdivision or subdivision 6 shall state that the prospective 
 25.5   adoptive parent's right to custody of the child is subject to 
 25.6   the birth parent's right to custody until the consents to the 
 25.7   child's adoption become irrevocable.  At the time of placement, 
 25.8   prospective adoptive parents must have for the child qualifying 
 25.9   existing coverage as defined in section 62L.02, subdivision 24, 
 25.10  or other similar comprehensive health care coverage.  The 
 25.11  preadoptive custody order must include any agreement reached 
 25.12  between the prospective adoptive parent and the birth parent 
 25.13  regarding authority to make decisions for medical care of the 
 25.14  child and responsibility for payment not provided by the 
 25.15  adoptive parent's existing health care coverage.  The 
 25.16  prospective adoptive parent must meet the residence requirements 
 25.17  of section 259.22, subdivision 1, and must file with the court 
 25.18  an affidavit of intent to remain a resident of the state for at 
 25.19  least three months after the child is placed in the prospective 
 25.20  adoptive home.  The prospective adoptive parent shall file with 
 25.21  the court a notice of intent to file an adoption petition and 
 25.22  submit a written motion seeking an order granting temporary 
 25.23  preadoptive custody.  The notice and motion required under this 
 25.24  subdivision may be considered by the court ex parte, without a 
 25.25  hearing.  The prospective adoptive parent shall serve a copy of 
 25.26  the notice and motion upon any parent whose consent is required 
 25.27  under section 259.24 or who is named in the affidavit required 
 25.28  under paragraph (b) if that person's mailing address is known.  
 25.29  The motion may be filed up to 60 days before the placement is to 
 25.30  be made and must include:  
 25.31     (1) the adoption study required under section 259.41; 
 25.32     (2) affidavits from the birth parents indicating their 
 25.33  support of the motion, or, if there is no affidavit from the 
 25.34  birth father, an affidavit from the birth mother under paragraph 
 25.35  (b); 
 25.36     (3) an itemized statement of expenses that have been paid 
 26.1   and an estimate of expenses that will be paid by the prospective 
 26.2   adoptive parents to the birth parents, any agency, attorney, or 
 26.3   other party in connection with the prospective adoption; 
 26.4      (4) the name of counsel for each party, if any; 
 26.5      (5) a statement that the birth parents: 
 26.6      (i) have provided the social and medical history required 
 26.7   under section 259.43 to the prospective adoptive parent; 
 26.8      (ii) have received the written statement of their legal 
 26.9   rights and responsibilities under section 259.39; and 
 26.10     (iii) have been notified of their right to receive 
 26.11  counseling under subdivision 4; and 
 26.12     (6) the name of the agency chosen by the adoptive parent to 
 26.13  supervise the adoptive placement and complete the postplacement 
 26.14  assessment required by section 259.53, subdivision 2. 
 26.15     The court shall review the expense statement submitted 
 26.16  under this subdivision to determine whether payments made or to 
 26.17  be made by the prospective adoptive parent are lawful and in 
 26.18  accordance with section 259.55, subdivision 1. 
 26.19     (b) If the birth mother submits the affidavit required in 
 26.20  paragraph (a), clause (2), but the birth father fails to do so, 
 26.21  the birth mother must submit an additional affidavit that 
 26.22  describes her good faith efforts or efforts made on her behalf 
 26.23  to identify and locate the birth father for purposes of securing 
 26.24  his consent.  In the following circumstances the birth mother 
 26.25  may instead submit an affidavit stating on which ground she is 
 26.26  exempt from making efforts to identify and locate the father: 
 26.27     (1) the child was conceived as the result of incest or 
 26.28  rape; 
 26.29     (2) efforts to locate the father by the affiant or anyone 
 26.30  acting on the affiant's behalf could reasonably result in 
 26.31  physical harm to the birth mother or child; or 
 26.32     (3) efforts to locate the father by the affiant or anyone 
 26.33  acting on the affiant's behalf could reasonably result in severe 
 26.34  emotional distress of the birth mother or child. 
 26.35     A court shall consider the motion for temporary preadoptive 
 26.36  custody within 30 days of receiving the motion or by the 
 27.1   anticipated placement date stated in the motion, whichever comes 
 27.2   sooner. 
 27.3      Sec. 15.  Minnesota Statutes 1997 Supplement, section 
 27.4   259.60, subdivision 2, is amended to read: 
 27.5      Subd. 2.  [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER; 
 27.6   DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in 
 27.7   paragraph (b), a person, whose adoption of a child under the 
 27.8   laws of a foreign country is valid in this state under 
 27.9   subdivision 1, may petition the district court in the county 
 27.10  where the adoptive parent resides for a decree confirming and 
 27.11  recognizing the adoption, changing the child's legal name, if 
 27.12  requested in the petition, and for authorizing the commissioner 
 27.13  of health to issue a new birth certificate for the child under 
 27.14  section 144.218, subdivision 2. 
 27.15     (b) A court shall issue the decree and birth 
 27.16  certificate described in paragraph (a) upon receipt of the 
 27.17  following documents: 
 27.18     (1) a petition by the adoptive parent requesting that the 
 27.19  court issue a Minnesota birth certificate, and stating that the 
 27.20  adoptive parent completed adoption of the child under the laws 
 27.21  of a foreign country and that the adoption is valid in this 
 27.22  state under subdivision 1 and requesting that the court issue a 
 27.23  decree confirming and recognizing the adoption, changing the 
 27.24  child's legal name, if desired, and authorizing the commissioner 
 27.25  of health to issue a new birth certificate for the child under 
 27.26  section 144.218, subdivision 2.  The petition must be in the 
 27.27  form of a signed, sworn, and notarized statement; 
 27.28     (2) a copy of the child's original birth certificate, if 
 27.29  available; 
 27.30     (3) a copy of the final adoption certificate or equivalent 
 27.31  as issued by the foreign jurisdiction; 
 27.32     (4) a copy of the child's passport including the United 
 27.33  States visa indicating IR-3 immigration status; and 
 27.34     (5) certified English translations of any of the documents 
 27.35  in clauses (2) to (4) that are not written in the English 
 27.36  language. 
 28.1      (c) Upon issuing a decree under this section, the court 
 28.2   shall forward to the commissioners of health and human services 
 28.3   a copy of the decree.  The court shall also complete and forward 
 28.4   to the commissioner of health the certificate of adoption, 
 28.5   unless another form has been specified by the commissioner of 
 28.6   health. 
 28.7      Sec. 16.  Minnesota Statutes 1996, section 260.011, 
 28.8   subdivision 2, is amended to read: 
 28.9      Subd. 2.  (a) The paramount consideration in all 
 28.10  proceedings concerning a child alleged or found to be in need of 
 28.11  protection or services is the health, safety, and best interests 
 28.12  of the child.  In proceedings involving an American Indian 
 28.13  child, as defined in section 257.351, subdivision 6, the best 
 28.14  interests of the child must be determined consistent with 
 28.15  sections 257.35 to 257.3579 and the Indian Child Welfare Act, 
 28.16  United States Code, title 25, sections 1901 to 1923.  The 
 28.17  purpose of the laws relating to juvenile courts is to secure for 
 28.18  each child alleged or adjudicated in need of protection or 
 28.19  services and under the jurisdiction of the court, the care and 
 28.20  guidance, preferably in the child's own home, as will best serve 
 28.21  the spiritual, emotional, mental, and physical welfare of the 
 28.22  child; to provide judicial procedures which protect the welfare 
 28.23  of the child; to preserve and strengthen the child's family ties 
 28.24  whenever possible and in the child's best interests, removing 
 28.25  the child from the custody of parents only when the child's 
 28.26  welfare or safety cannot be adequately safeguarded without 
 28.27  removal; and, when removal from the child's own family is 
 28.28  necessary and in the child's best interests, to secure for the 
 28.29  child custody, care and discipline as nearly as possible 
 28.30  equivalent to that which should have been given by the parents.  
 28.31     (b) The purpose of the laws relating to termination of 
 28.32  parental rights is to ensure that: 
 28.33     (1) reasonable efforts have been made by the social service 
 28.34  agency to reunite the child with the child's parents in a 
 28.35  placement that is safe and permanent; and 
 28.36     (2) if placement with the parents is not reasonably 
 29.1   foreseeable, to secure for the child a safe and permanent 
 29.2   placement, preferably with adoptive parents. 
 29.3      Nothing in this section requires reasonable efforts to be 
 29.4   made in circumstances where the court has determined that the 
 29.5   child has been subjected to egregious harm or the parental 
 29.6   rights of the parent to a sibling have been involuntarily 
 29.7   terminated. 
 29.8      The paramount consideration in all proceedings for the 
 29.9   termination of parental rights is the best interests of the 
 29.10  child.  In proceedings involving an American Indian child, as 
 29.11  defined in section 257.351, subdivision 6, the best interests of 
 29.12  the child must be determined consistent with the Indian Child 
 29.13  Welfare Act of 1978, United States Code, title 25, section 1901, 
 29.14  et seq.  
 29.15     (c) The purpose of the laws relating to children alleged or 
 29.16  adjudicated to be delinquent is to promote the public safety and 
 29.17  reduce juvenile delinquency by maintaining the integrity of the 
 29.18  substantive law prohibiting certain behavior and by developing 
 29.19  individual responsibility for lawful behavior.  This purpose 
 29.20  should be pursued through means that are fair and just, that 
 29.21  recognize the unique characteristics and needs of children, and 
 29.22  that give children access to opportunities for personal and 
 29.23  social growth.  
 29.24     (d) The laws relating to juvenile courts shall be liberally 
 29.25  construed to carry out these purposes.  
 29.26     Sec. 17.  Minnesota Statutes 1997 Supplement, section 
 29.27  260.012, is amended to read: 
 29.28     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 29.29  REUNIFICATION; REASONABLE EFFORTS.] 
 29.30     (a) If a child in need of protection or services is under 
 29.31  the court's jurisdiction, the court shall ensure that reasonable 
 29.32  efforts including culturally appropriate services by the social 
 29.33  service agency are made to prevent placement or to eliminate the 
 29.34  need for removal and to reunite the child with the child's 
 29.35  family at the earliest possible time, consistent with the best 
 29.36  interests, safety, and protection of the child.  The court may, 
 30.1   upon motion and hearing, order the cessation of reasonable 
 30.2   efforts if the court finds that provision of services or further 
 30.3   services for the purpose of rehabilitation and reunification is 
 30.4   futile and therefore unreasonable under the circumstances.  In 
 30.5   determining reasonable efforts to be made with respect to a 
 30.6   child and in making those reasonable efforts, the child's health 
 30.7   and safety must be of paramount concern.  Reasonable efforts are 
 30.8   not required if the court determines that: 
 30.9      (1) a termination of parental rights petition has been 
 30.10  filed stating a prima facie case that the parent has subjected 
 30.11  the child to egregious harm as defined in section 260.015, 
 30.12  subdivision 29, or the parental rights of the parent to a 
 30.13  sibling have been terminated involuntarily; or 
 30.14     (2) a determination not to proceed with a termination of 
 30.15  parental rights petition on these grounds was made under section 
 30.16  260.221, subdivision 1b, paragraph (b), and a permanency hearing 
 30.17  is held within 30 days of the determination. 
 30.18  In the case of an Indian child, in proceedings under sections 
 30.19  260.172, 260.191, and 260.221 the juvenile court must make 
 30.20  findings and conclusions consistent with the Indian Child 
 30.21  Welfare Act of 1978, United States Code, title 25, section 1901 
 30.22  et seq., as to the provision of active efforts.  If a child is 
 30.23  under the court's delinquency jurisdiction, it shall be the duty 
 30.24  of the court to ensure that reasonable efforts are made to 
 30.25  reunite the child with the child's family at the earliest 
 30.26  possible time, consistent with the best interests of the child 
 30.27  and the safety of the public. 
 30.28     (b) "Reasonable efforts" means the exercise of due 
 30.29  diligence by the responsible social service agency to use 
 30.30  appropriate and available services to meet the needs of the 
 30.31  child and the child's family in order to prevent removal of the 
 30.32  child from the child's family; or upon removal, services to 
 30.33  eliminate the need for removal and reunite the family.  Services 
 30.34  may include those listed under section 256F.07, subdivision 3, 
 30.35  and other appropriate services available in the community.  The 
 30.36  social service agency has the burden of demonstrating that it 
 31.1   has made reasonable efforts or that provision of services or 
 31.2   further services for the purpose of rehabilitation and 
 31.3   reunification is futile and therefore unreasonable under the 
 31.4   circumstances.  Reunification of a surviving child with a parent 
 31.5   is not required if the parent has been convicted of: 
 31.6      (1) a violation of, or an attempt or conspiracy to commit a 
 31.7   violation of, sections 609.185 to 609.20; 609.222, subdivision 
 31.8   2; or 609.223 in regard to another child of the parent; 
 31.9      (2) a violation of section 609.222, subdivision 2; or 
 31.10  609.223, in regard to the surviving child; or 
 31.11     (3) a violation of, or an attempt or conspiracy to commit a 
 31.12  violation of, United States Code, title 18, section 1111(a) or 
 31.13  1112(a), in regard to another child of the parent. 
 31.14     (c) The juvenile court, in proceedings under sections 
 31.15  260.172, 260.191, and 260.221 shall make findings and 
 31.16  conclusions as to the provision of reasonable efforts.  When 
 31.17  determining whether reasonable efforts have been made, the court 
 31.18  shall consider whether services to the child and family were: 
 31.19     (1) relevant to the safety and protection of the child; 
 31.20     (2) adequate to meet the needs of the child and family; 
 31.21     (3) culturally appropriate; 
 31.22     (4) available and accessible; 
 31.23     (5) consistent and timely; and 
 31.24     (6) realistic under the circumstances. 
 31.25     In the alternative, the court may determine that provision 
 31.26  of services or further services for the purpose of 
 31.27  rehabilitation is futile and therefore unreasonable under the 
 31.28  circumstances or that reasonable efforts are not required as 
 31.29  provided in paragraph (a). 
 31.30     (d) This section does not prevent out-of-home placement for 
 31.31  treatment of a child with a mental disability when the child's 
 31.32  diagnostic assessment or individual treatment plan indicates 
 31.33  that appropriate and necessary treatment cannot be effectively 
 31.34  provided outside of a residential or inpatient treatment program.
 31.35     (e) If continuation of reasonable efforts described in 
 31.36  paragraph (b) is determined to be inconsistent with the 
 32.1   permanency plan for the child, reasonable efforts must be made 
 32.2   to place the child in a timely manner in accordance with the 
 32.3   permanency plan and to complete whatever steps are necessary to 
 32.4   finalize the permanency plan for the child.  
 32.5      (f) Reasonable efforts to place a child for adoption or in 
 32.6   another permanent placement may be made concurrently with 
 32.7   reasonable efforts as described in paragraphs (a) and (b).  
 32.8   Effective July 1, 1999, concurrent permanency planning must be 
 32.9   done along with reasonable efforts described in paragraphs (a) 
 32.10  and (b), as provided in article 3, section 1. 
 32.11     Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 32.12  260.015, subdivision 2a, is amended to read: 
 32.13     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 32.14  "Child in need of protection or services" means a child who is 
 32.15  in need of protection or services because the child: 
 32.16     (1) is abandoned or without parent, guardian, or custodian; 
 32.17     (2)(i) has been a victim of physical or sexual abuse, (ii) 
 32.18  resides with or has resided with a victim of domestic child 
 32.19  abuse as defined in subdivision 24, (iii) resides with or would 
 32.20  reside with a perpetrator of domestic child abuse or child abuse 
 32.21  as defined in subdivision 28, or (iv) is a victim of emotional 
 32.22  maltreatment as defined in subdivision 5a; 
 32.23     (3) is without necessary food, clothing, shelter, 
 32.24  education, or other required care for the child's physical or 
 32.25  mental health or morals because the child's parent, guardian, or 
 32.26  custodian is unable or unwilling to provide that care; 
 32.27     (4) is without the special care made necessary by a 
 32.28  physical, mental, or emotional condition because the child's 
 32.29  parent, guardian, or custodian is unable or unwilling to provide 
 32.30  that care; 
 32.31     (5) is medically neglected, which includes, but is not 
 32.32  limited to, the withholding of medically indicated treatment 
 32.33  from a disabled infant with a life-threatening condition.  The 
 32.34  term "withholding of medically indicated treatment" means the 
 32.35  failure to respond to the infant's life-threatening conditions 
 32.36  by providing treatment, including appropriate nutrition, 
 33.1   hydration, and medication which, in the treating physician's or 
 33.2   physicians' reasonable medical judgment, will be most likely to 
 33.3   be effective in ameliorating or correcting all conditions, 
 33.4   except that the term does not include the failure to provide 
 33.5   treatment other than appropriate nutrition, hydration, or 
 33.6   medication to an infant when, in the treating physician's or 
 33.7   physicians' reasonable medical judgment: 
 33.8      (i) the infant is chronically and irreversibly comatose; 
 33.9      (ii) the provision of the treatment would merely prolong 
 33.10  dying, not be effective in ameliorating or correcting all of the 
 33.11  infant's life-threatening conditions, or otherwise be futile in 
 33.12  terms of the survival of the infant; or 
 33.13     (iii) the provision of the treatment would be virtually 
 33.14  futile in terms of the survival of the infant and the treatment 
 33.15  itself under the circumstances would be inhumane; 
 33.16     (6) is one whose parent, guardian, or other custodian for 
 33.17  good cause desires to be relieved of the child's care and 
 33.18  custody; 
 33.19     (7) has been placed for adoption or care in violation of 
 33.20  law; 
 33.21     (8) is without proper parental care because of the 
 33.22  emotional, mental, or physical disability, or state of 
 33.23  immaturity of the child's parent, guardian, or other custodian; 
 33.24     (9) is one whose behavior, condition, or environment is 
 33.25  such as to be injurious or dangerous to the child or others.  An 
 33.26  injurious or dangerous environment may include, but is not 
 33.27  limited to, the exposure of a child to criminal activity in the 
 33.28  child's home; 
 33.29     (10) has engaged in prostitution as defined in section 
 33.30  609.321, subdivision 9; 
 33.31     (10) (11) has committed a delinquent act before becoming 
 33.32  ten years old; 
 33.33     (11) (12) is a runaway; 
 33.34     (12) (13) is an habitual truant; 
 33.35     (13) (14) has been found incompetent to proceed or has been 
 33.36  found not guilty by reason of mental illness or mental 
 34.1   deficiency in connection with a delinquency proceeding, a 
 34.2   certification under section 260.125, an extended jurisdiction 
 34.3   juvenile prosecution, or a proceeding involving a juvenile petty 
 34.4   offense; 
 34.5      (14) (15) is one whose custodial parent's parental rights 
 34.6   to another child have been involuntarily terminated within the 
 34.7   past five years; or 
 34.8      (15) (16) has been found by the court to have committed 
 34.9   domestic abuse perpetrated by a minor under Laws 1997, chapter 
 34.10  239, article 10, sections 2 to 26, has been ordered excluded 
 34.11  from the child's parent's home by an order for protection/minor 
 34.12  respondent, and the parent or guardian is either unwilling or 
 34.13  unable to provide an alternative safe living arrangement for the 
 34.14  child. 
 34.15     Sec. 19.  Minnesota Statutes 1997 Supplement, section 
 34.16  260.015, subdivision 29, is amended to read: 
 34.17     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 34.18  infliction of bodily harm to a child or neglect of a child which 
 34.19  demonstrates a grossly inadequate ability to provide minimally 
 34.20  adequate parental care.  The egregious harm need not have 
 34.21  occurred in the state or in the county where a termination of 
 34.22  parental rights action is otherwise properly venued.  Egregious 
 34.23  harm includes, but is not limited to: 
 34.24     (1) conduct towards a child that constitutes a violation of 
 34.25  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 34.26  any other similar law of any other state; 
 34.27     (2) the infliction of "substantial bodily harm" to a child, 
 34.28  as defined in section 609.02, subdivision 8; 
 34.29     (3) conduct towards a child that constitutes felony 
 34.30  malicious punishment of a child under section 609.377; 
 34.31     (4) conduct towards a child that constitutes felony 
 34.32  unreasonable restraint of a child under section 609.255, 
 34.33  subdivision 3; 
 34.34     (5) conduct towards a child that constitutes felony neglect 
 34.35  or endangerment of a child under section 609.378; 
 34.36     (6) conduct towards a child that constitutes assault under 
 35.1   section 609.221, 609.222, or 609.223; 
 35.2      (7) conduct towards a child that constitutes solicitation, 
 35.3   inducement, or promotion of prostitution under section 609.322; 
 35.4      (8) conduct towards a child that constitutes receiving 
 35.5   profit derived from prostitution under section 609.323; or 
 35.6      (9) conduct toward a child that constitutes a violation of 
 35.7   murder or voluntary manslaughter as defined by United States 
 35.8   Code, title 18, section 1111(a) or 1112(a); or 
 35.9      (10) conduct toward a child that constitutes aiding or 
 35.10  abetting, attempting, conspiring, or soliciting to commit a 
 35.11  murder or voluntary manslaughter that constitutes a violation of 
 35.12  United States Code, title 18, section 1111(a) or 1112(a). 
 35.13     Sec. 20.  Minnesota Statutes 1996, section 260.141, is 
 35.14  amended by adding a subdivision to read: 
 35.15     Subd. 4.  [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 
 35.16  AND RELATIVES.] The foster parents, if any, of a child and any 
 35.17  preadoptive parent or relative providing care for the child must 
 35.18  be provided notice of and an opportunity to be heard in any 
 35.19  review or hearing to be held with respect to the child.  Any 
 35.20  other relative may also request, and must be granted, a notice 
 35.21  and the opportunity to be heard under this section.  This 
 35.22  subdivision does not require that a foster parent, preadoptive 
 35.23  parent, or relative providing care for the child be made a party 
 35.24  to a review or hearing solely on the basis of the notice and 
 35.25  opportunity to be heard.  
 35.26     Sec. 21.  Minnesota Statutes 1997 Supplement, section 
 35.27  260.161, subdivision 2, is amended to read: 
 35.28     Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
 35.29  otherwise provided in this section, and except for (a) Legal 
 35.30  records arising from proceedings or portions of proceedings that 
 35.31  are public under section 260.155, subdivision 1, are open to 
 35.32  public inspection. 
 35.33     (b) The following records from proceedings or portions of 
 35.34  proceedings involving a child in need of protection or services 
 35.35  that are open to the public as authorized by supreme court order 
 35.36  and court rules are accessible to the public unless the court 
 36.1   determines that access should be restricted because of the 
 36.2   intensely personal nature of the information: 
 36.3      (1) the summons and petition; 
 36.4      (2) affidavits of publication and service; 
 36.5      (3) certificates of representation; 
 36.6      (4) court orders; 
 36.7      (5) hearing and trial notices, witness lists, and 
 36.8   subpoenas; 
 36.9      (6) motions and legal memoranda; 
 36.10     (7) exhibits introduced at hearings or trial that are not 
 36.11  inaccessible under paragraph (c); 
 36.12     (8) birth certificates; and 
 36.13     (9) all other documents not listed as inaccessible to the 
 36.14  public under paragraph (c). 
 36.15     (c) The following records are not accessible to the public 
 36.16  under paragraph (b): 
 36.17     (1) written, audiotaped, or videotaped information from the 
 36.18  social service agency, except to the extent the information 
 36.19  appears in the petition, court orders, or other documents that 
 36.20  are accessible under paragraph (b); 
 36.21     (2) child protection intake or screening notes; 
 36.22     (3) documents identifying reporters of maltreatment, unless 
 36.23  the names and other identifying information are redacted; 
 36.24     (4) guardian ad litem reports; 
 36.25     (5) victim statements and addresses and telephone numbers; 
 36.26     (6) documents identifying nonparty witnesses under the age 
 36.27  of 18, unless the names and other identifying information are 
 36.28  redacted; 
 36.29     (7) transcripts of testimony taken during closed hearing; 
 36.30     (8) fingerprinting materials; 
 36.31     (9) psychological, psychiatric, and chemical dependency 
 36.32  evaluations; 
 36.33     (10) presentence evaluations of juveniles and probation 
 36.34  reports; 
 36.35     (11) medical records and test results; 
 36.36     (12) reports issued by sexual predator programs; 
 37.1      (13) diversion records of juveniles; and 
 37.2      (14) any document which the court, upon its own motion or 
 37.3   upon motion of a party, orders inaccessible to serve the best 
 37.4   interests of the child. 
 37.5      In addition, records that are accessible to the public 
 37.6   under paragraph (b) become inaccessible to the public if one 
 37.7   year has elapsed since either the proceeding was dismissed or 
 37.8   the court's jurisdiction over the matter was terminated. 
 37.9      (d) Except as otherwise provided by this section, none of 
 37.10  the records of the juvenile court and none of the records 
 37.11  relating to an appeal from a nonpublic juvenile court 
 37.12  proceeding, except the written appellate opinion, shall be open 
 37.13  to public inspection or their contents disclosed except (a) by 
 37.14  order of a court, (b) as required by sections 245A.04, 611A.03, 
 37.15  611A.04, 611A.06, and 629.73, or (c) the name of a juvenile who 
 37.16  is the subject of a delinquency petition shall be released to 
 37.17  the victim of the alleged delinquent act upon the victim's 
 37.18  request; unless it reasonably appears that the request is 
 37.19  prompted by a desire on the part of the requester to engage in 
 37.20  unlawful activities.  The records of juvenile probation officers 
 37.21  and county home schools are records of the court for the 
 37.22  purposes of this subdivision.  Court services data relating to 
 37.23  delinquent acts that are contained in records of the juvenile 
 37.24  court may be released as allowed under section 13.84, 
 37.25  subdivision 5a.  This subdivision applies to all proceedings 
 37.26  under this chapter, including appeals from orders of the 
 37.27  juvenile court, except that this subdivision does not apply to 
 37.28  proceedings under section 260.255, 260.261, or 260.315 when the 
 37.29  proceeding involves an adult defendant.  The court shall 
 37.30  maintain the confidentiality of adoption files and records in 
 37.31  accordance with the provisions of laws relating to adoptions.  
 37.32  In juvenile court proceedings any report or social history 
 37.33  furnished to the court shall be open to inspection by the 
 37.34  attorneys of record and the guardian ad litem a reasonable time 
 37.35  before it is used in connection with any proceeding before the 
 37.36  court. 
 38.1      (e) When a judge of a juvenile court, or duly authorized 
 38.2   agent of the court, determines under a proceeding under this 
 38.3   chapter that a child has violated a state or local law, 
 38.4   ordinance, or regulation pertaining to the operation of a motor 
 38.5   vehicle on streets and highways, except parking violations, the 
 38.6   judge or agent shall immediately report the violation to the 
 38.7   commissioner of public safety.  The report must be made on a 
 38.8   form provided by the department of public safety and must 
 38.9   contain the information required under section 169.95. 
 38.10     Sec. 22.  Minnesota Statutes 1996, section 260.172, 
 38.11  subdivision 1, is amended to read: 
 38.12     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 38.13  a child was taken into custody under section 260.165, 
 38.14  subdivision 1, clause (a) or (c)(2), the court shall hold a 
 38.15  hearing within 72 hours of the time the child was taken into 
 38.16  custody, excluding Saturdays, Sundays, and holidays, to 
 38.17  determine whether the child should continue in custody.  
 38.18     (b) In all other cases, the court shall hold a detention 
 38.19  hearing: 
 38.20     (1) within 36 hours of the time the child was taken into 
 38.21  custody, excluding Saturdays, Sundays, and holidays, if the 
 38.22  child is being held at a juvenile secure detention facility or 
 38.23  shelter care facility; or 
 38.24     (2) within 24 hours of the time the child was taken into 
 38.25  custody, excluding Saturdays, Sundays, and holidays, if the 
 38.26  child is being held at an adult jail or municipal lockup.  
 38.27     (c) Unless there is reason to believe that the child would 
 38.28  endanger self or others, not return for a court hearing, run 
 38.29  away from the child's parent, guardian, or custodian or 
 38.30  otherwise not remain in the care or control of the person to 
 38.31  whose lawful custody the child is released, or that the child's 
 38.32  health or welfare would be immediately endangered, the child 
 38.33  shall be released to the custody of a parent, guardian, 
 38.34  custodian, or other suitable person, subject to reasonable 
 38.35  conditions of release including, but not limited to, a 
 38.36  requirement that the child undergo a chemical use assessment as 
 39.1   provided in section 260.151, subdivision 1.  In determining 
 39.2   whether the child's health or welfare would be immediately 
 39.3   endangered, the court shall consider whether the child would 
 39.4   reside with a perpetrator of domestic child abuse. In a 
 39.5   proceeding regarding a child in need of protection or services, 
 39.6   the court, before determining whether a child should continue in 
 39.7   custody, shall also make a determination, consistent with 
 39.8   section 260.012 as to whether reasonable efforts, or in the case 
 39.9   of an Indian child, active efforts, according to the Indian 
 39.10  Child Welfare Act of 1978, United States Code, title 25, section 
 39.11  1912(d), were made to prevent placement or to reunite the child 
 39.12  with the child's family, or that reasonable efforts were not 
 39.13  possible.  The court shall also determine whether there are 
 39.14  available services that would prevent the need for further 
 39.15  detention. 
 39.16     If the court finds the social services agency's preventive 
 39.17  or reunification efforts have not been reasonable but further 
 39.18  preventive or reunification efforts could not permit the child 
 39.19  to safely remain at home, the court may nevertheless authorize 
 39.20  or continue the removal of the child. 
 39.21     The court may determine at the detention hearing, or at any 
 39.22  time prior to an adjudicatory hearing, that reasonable efforts 
 39.23  are not required because the facts, if proved, will demonstrate 
 39.24  that the parent has subjected the child to egregious harm as 
 39.25  defined in section 260.015, subdivision 29, or the parental 
 39.26  rights of the parent to a sibling of the child have been 
 39.27  terminated involuntarily.  
 39.28     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 39.29  260.191, subdivision 1, is amended to read: 
 39.30     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 39.31  the child is in need of protection or services or neglected and 
 39.32  in foster care, it shall enter an order making any of the 
 39.33  following dispositions of the case: 
 39.34     (1) place the child under the protective supervision of the 
 39.35  local social services agency or child-placing agency in the 
 39.36  child's own home under conditions prescribed by the court 
 40.1   directed to the correction of the child's need for protection or 
 40.2   services; 
 40.3      (2) transfer legal custody to one of the following: 
 40.4      (i) a child-placing agency; or 
 40.5      (ii) the local social services agency. 
 40.6      In placing a child whose custody has been transferred under 
 40.7   this paragraph, the agencies shall follow the order of 
 40.8   preference stated in section 260.181, subdivision 3; 
 40.9      (3) if the child is in need of special treatment and care 
 40.10  for reasons of physical or mental health, the court may order 
 40.11  the child's parent, guardian, or custodian to provide it.  If 
 40.12  the parent, guardian, or custodian fails or is unable to provide 
 40.13  this treatment or care, the court may order it provided.  The 
 40.14  court shall not transfer legal custody of the child for the 
 40.15  purpose of obtaining special treatment or care solely because 
 40.16  the parent is unable to provide the treatment or care.  If the 
 40.17  court's order for mental health treatment is based on a 
 40.18  diagnosis made by a treatment professional, the court may order 
 40.19  that the diagnosing professional not provide the treatment to 
 40.20  the child if it finds that such an order is in the child's best 
 40.21  interests; or 
 40.22     (4) if the court believes that the child has sufficient 
 40.23  maturity and judgment and that it is in the best interests of 
 40.24  the child, the court may order a child 16 years old or older to 
 40.25  be allowed to live independently, either alone or with others as 
 40.26  approved by the court under supervision the court considers 
 40.27  appropriate, if the county board, after consultation with the 
 40.28  court, has specifically authorized this dispositional 
 40.29  alternative for a child. 
 40.30     (b) If the child was adjudicated in need of protection or 
 40.31  services because the child is a runaway or habitual truant, the 
 40.32  court may order any of the following dispositions in addition to 
 40.33  or as alternatives to the dispositions authorized under 
 40.34  paragraph (a): 
 40.35     (1) counsel the child or the child's parents, guardian, or 
 40.36  custodian; 
 41.1      (2) place the child under the supervision of a probation 
 41.2   officer or other suitable person in the child's own home under 
 41.3   conditions prescribed by the court, including reasonable rules 
 41.4   for the child's conduct and the conduct of the parents, 
 41.5   guardian, or custodian, designed for the physical, mental, and 
 41.6   moral well-being and behavior of the child; or with the consent 
 41.7   of the commissioner of corrections, place the child in a group 
 41.8   foster care facility which is under the commissioner's 
 41.9   management and supervision; 
 41.10     (3) subject to the court's supervision, transfer legal 
 41.11  custody of the child to one of the following: 
 41.12     (i) a reputable person of good moral character.  No person 
 41.13  may receive custody of two or more unrelated children unless 
 41.14  licensed to operate a residential program under sections 245A.01 
 41.15  to 245A.16; or 
 41.16     (ii) a county probation officer for placement in a group 
 41.17  foster home established under the direction of the juvenile 
 41.18  court and licensed pursuant to section 241.021; 
 41.19     (4) require the child to pay a fine of up to $100.  The 
 41.20  court shall order payment of the fine in a manner that will not 
 41.21  impose undue financial hardship upon the child; 
 41.22     (5) require the child to participate in a community service 
 41.23  project; 
 41.24     (6) order the child to undergo a chemical dependency 
 41.25  evaluation and, if warranted by the evaluation, order 
 41.26  participation by the child in a drug awareness program or an 
 41.27  inpatient or outpatient chemical dependency treatment program; 
 41.28     (7) if the court believes that it is in the best interests 
 41.29  of the child and of public safety that the child's driver's 
 41.30  license or instruction permit be canceled, the court may order 
 41.31  the commissioner of public safety to cancel the child's license 
 41.32  or permit for any period up to the child's 18th birthday.  If 
 41.33  the child does not have a driver's license or permit, the court 
 41.34  may order a denial of driving privileges for any period up to 
 41.35  the child's 18th birthday.  The court shall forward an order 
 41.36  issued under this clause to the commissioner, who shall cancel 
 42.1   the license or permit or deny driving privileges without a 
 42.2   hearing for the period specified by the court.  At any time 
 42.3   before the expiration of the period of cancellation or denial, 
 42.4   the court may, for good cause, order the commissioner of public 
 42.5   safety to allow the child to apply for a license or permit, and 
 42.6   the commissioner shall so authorize; 
 42.7      (8) order that the child's parent or legal guardian deliver 
 42.8   the child to school at the beginning of each school day for a 
 42.9   period of time specified by the court; or 
 42.10     (9) require the child to perform any other activities or 
 42.11  participate in any other treatment programs deemed appropriate 
 42.12  by the court.  
 42.13     To the extent practicable, the court shall enter a 
 42.14  disposition order the same day it makes a finding that a child 
 42.15  is in need of protection or services or neglected and in foster 
 42.16  care, but in no event more than 15 days after the finding unless 
 42.17  the court finds that the best interests of the child will be 
 42.18  served by granting a delay.  If the child was under eight years 
 42.19  of age at the time the petition was filed, the disposition order 
 42.20  must be entered within ten days of the finding and the court may 
 42.21  not grant a delay unless good cause is shown and the court finds 
 42.22  the best interests of the child will be served by the delay. 
 42.23     (c) If a child who is 14 years of age or older is 
 42.24  adjudicated in need of protection or services because the child 
 42.25  is a habitual truant and truancy procedures involving the child 
 42.26  were previously dealt with by a school attendance review board 
 42.27  or county attorney mediation program under section 260A.06 or 
 42.28  260A.07, the court shall order a cancellation or denial of 
 42.29  driving privileges under paragraph (b), clause (7), for any 
 42.30  period up to the child's 18th birthday. 
 42.31     (d) In the case of a child adjudicated in need of 
 42.32  protection or services because the child has committed domestic 
 42.33  abuse and been ordered excluded from the child's parent's home, 
 42.34  the court shall dismiss jurisdiction if the court, at any time, 
 42.35  finds the parent is able or willing to provide an alternative 
 42.36  safe living arrangement for the child, as defined in Laws 1997, 
 43.1   chapter 239, article 10, section 2. 
 43.2      Sec. 24.  Minnesota Statutes 1997 Supplement, section 
 43.3   260.191, subdivision 1a, is amended to read: 
 43.4      Subd. 1a.  [WRITTEN FINDINGS.] Any order for a disposition 
 43.5   authorized under this section shall contain written findings of 
 43.6   fact to support the disposition ordered, and shall also set 
 43.7   forth in writing the following information: 
 43.8      (a) Why the best interests of the child are served by the 
 43.9   disposition ordered; 
 43.10     (b) What alternative dispositions were considered by the 
 43.11  court and why such dispositions were not appropriate in the 
 43.12  instant case; 
 43.13     (c) How the court's disposition complies with the 
 43.14  requirements of section 260.181, subdivision 3; and 
 43.15     (d) Whether reasonable efforts consistent with section 
 43.16  260.012 were made to prevent or eliminate the necessity of the 
 43.17  child's removal and to reunify the family after removal.  The 
 43.18  court's findings must include a brief description of what 
 43.19  preventive and reunification efforts were made and why further 
 43.20  efforts could not have prevented or eliminated the necessity of 
 43.21  removal or that reasonable efforts were not required under 
 43.22  section 260.012 or 260.172, subdivision 1. 
 43.23     If the court finds that the social services agency's 
 43.24  preventive or reunification efforts have not been reasonable but 
 43.25  that further preventive or reunification efforts could not 
 43.26  permit the child to safely remain at home, the court may 
 43.27  nevertheless authorize or continue the removal of the child. 
 43.28     Sec. 25.  Minnesota Statutes 1996, section 260.191, 
 43.29  subdivision 1e, is amended to read: 
 43.30     Subd. 1e.  [CASE PLAN.] For each disposition ordered, the 
 43.31  court shall order the appropriate agency to prepare a written 
 43.32  case plan developed after consultation with any foster parents, 
 43.33  and consultation with and participation by the child and the 
 43.34  child's parent, guardian, or custodian, guardian ad litem, and 
 43.35  tribal representative if the tribe has intervened.  The case 
 43.36  plan shall comply with the requirements of section 257.071, 
 44.1   where applicable.  The case plan shall, among other matters, 
 44.2   specify the actions to be taken by the child and the child's 
 44.3   parent, guardian, foster parent, or custodian to ensure the 
 44.4   child's safety and to comply with the court's disposition order, 
 44.5   and the services to be offered and provided by the agency to the 
 44.6   child and the child's parent, guardian, or custodian.  The court 
 44.7   shall review the case plan and, upon approving it, incorporate 
 44.8   the plan into its disposition order.  The court may review and 
 44.9   modify the terms of the case plan in the manner provided in 
 44.10  subdivision 2.  For each disposition ordered, the written case 
 44.11  plan shall specify what reasonable efforts shall be provided to 
 44.12  the family.  The case plan must include a discussion of: 
 44.13     (1) the availability of appropriate prevention and 
 44.14  reunification services for the family to safely prevent the 
 44.15  removal of the child from the home or to safely reunify the 
 44.16  child with the family after removal; 
 44.17     (2) any services or resources that were requested by the 
 44.18  child or the child's parent, guardian, foster parent, or 
 44.19  custodian since the date of initial adjudication, and whether 
 44.20  those services or resources were provided or the basis for 
 44.21  denial of the services or resources; 
 44.22     (3) the need of the child and family for care, treatment, 
 44.23  or rehabilitation; 
 44.24     (4) the need for participation by the parent, guardian, or 
 44.25  custodian in the plan of care for the child; 
 44.26     (5) the visitation rights and obligations of the parent or 
 44.27  other relatives, as defined in section 260.181, subdivision 3, 
 44.28  during any period when the child is placed outside the home; and 
 44.29     (6) a description of any services that could safely prevent 
 44.30  placement or reunify the family if such services were available. 
 44.31     A party has a right to request a court review of the 
 44.32  reasonableness of the case plan upon a showing of a substantial 
 44.33  change of circumstances. 
 44.34     Sec. 26.  Minnesota Statutes 1997 Supplement, section 
 44.35  260.191, subdivision 3a, is amended to read: 
 44.36     Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
 45.1   the court places a child in a residential facility, as defined 
 45.2   in section 257.071, subdivision 1, the court shall review the 
 45.3   out-of-home placement at least every six months to determine 
 45.4   whether continued out-of-home placement is necessary and 
 45.5   appropriate or whether the child should be returned home.  The 
 45.6   court shall review agency efforts pursuant to section 257.072, 
 45.7   subdivision 1, and order that the efforts continue if the agency 
 45.8   has failed to perform the duties under that section.  The court 
 45.9   shall review the case plan and may modify the case plan as 
 45.10  provided under subdivisions 1e and 2.  If the court orders 
 45.11  continued out-of-home placement, the court shall notify the 
 45.12  parents of the provisions of subdivision 3b. 
 45.13     (b) When the court determines that a permanent placement 
 45.14  hearing is necessary because there is a likelihood that the 
 45.15  child will not return to a parent's care, the court may 
 45.16  authorize the agency with custody of the child to send the 
 45.17  notice provided in this paragraph to any adult with whom the 
 45.18  child is currently residing, any adult with whom the child has 
 45.19  resided for one year or longer in the past, any adult who has 
 45.20  maintained a relationship or exercised visitation with the child 
 45.21  as identified in the agency case plan for the child or 
 45.22  demonstrated an interest in the child, and any relative who has 
 45.23  provided a current address to the local social service agency.  
 45.24  This notice must not be provided to a parent whose parental 
 45.25  rights to the child have been terminated under section 260.221, 
 45.26  subdivision 1.  The notice must state that a permanent home is 
 45.27  sought for the child and that individuals receiving the notice 
 45.28  may indicate to the agency within 30 days their interest in 
 45.29  providing a permanent home section 257.071, subdivision 1d, 
 45.30  paragraph (b), or may modify the requirements of the agency 
 45.31  under section 257.071, subdivision 1d, paragraph (b), or may 
 45.32  completely relieve the responsible social service agency of the 
 45.33  requirements of section 257.071, subdivision 1d, paragraph (b), 
 45.34  when the child is placed with an appropriate relative who wishes 
 45.35  to provide a permanent home for the child.  The actions ordered 
 45.36  by the court under this section must be consistent with the best 
 46.1   interests, safety, and welfare of the child.  
 46.2      Sec. 27.  Minnesota Statutes 1997 Supplement, section 
 46.3   260.191, subdivision 3b, is amended to read: 
 46.4      Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 46.5   PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 
 46.6   to determine the permanent status of a child not later than 12 
 46.7   months after the child is placed out of the home of the parent, 
 46.8   except that if the child was under eight years of age at the 
 46.9   time the petition was filed, the hearing must be conducted no 
 46.10  later than six months after the child is placed out of the home 
 46.11  of the parent. 
 46.12     For purposes of this subdivision, the date of the child's 
 46.13  placement out of the home of the parent is the earlier of the 
 46.14  first court-ordered placement or the first court-approved 
 46.15  placement under section 257.071, subdivision 3, of a child who 
 46.16  had been in voluntary placement 60 days after the date on which 
 46.17  the child has been voluntarily placed out of the home. 
 46.18     For purposes of this subdivision, 12 months is calculated 
 46.19  as follows: 
 46.20     (1) during the pendency of a petition alleging that a child 
 46.21  is in need of protection or services, all time periods when a 
 46.22  child is placed out of the home of the parent are cumulated; 
 46.23     (2) if a child has been placed out of the home of the 
 46.24  parent within the previous five years in connection with one or 
 46.25  more prior petitions for a child in need of protection or 
 46.26  services, the lengths of all prior time periods when the child 
 46.27  was placed out of the home within the previous five years and 
 46.28  under the current petition, are cumulated.  If a child under 
 46.29  this clause has been out of the home for 12 months or more, the 
 46.30  court, if it is in the best interests of the child, may extend 
 46.31  the total time the child may continue out of the home under the 
 46.32  current petition up to an additional six months before making a 
 46.33  permanency determination.  
 46.34     (b) Not later than ten days prior to this hearing, the 
 46.35  responsible social service agency shall file pleadings to 
 46.36  establish the basis for the permanent placement determination.  
 47.1   Notice of the hearing and copies of the pleadings must be 
 47.2   provided pursuant to section 260.141.  If a termination of 
 47.3   parental rights petition is filed before the date required for 
 47.4   the permanency planning determination, no hearing need be 
 47.5   conducted under this subdivision.  The court shall determine 
 47.6   whether the child is to be returned home or, if not, what 
 47.7   permanent placement is consistent with the child's best 
 47.8   interests.  The "best interests of the child" means all relevant 
 47.9   factors to be considered and evaluated. 
 47.10     (c) At a hearing under this subdivision, if the child was 
 47.11  under eight years of age at the time the petition was filed 
 47.12  alleging the child in need of protection or services, the court 
 47.13  shall review the progress of the case and the case plan, 
 47.14  including the provision of services.  The court may order the 
 47.15  local social service agency to show cause why it should not file 
 47.16  a termination of parental rights petition.  Cause may include, 
 47.17  but is not limited to, the following conditions: 
 47.18     (1) the parents or guardians have maintained regular 
 47.19  contact with the child, the parents are complying with the 
 47.20  court-ordered case plan, and the child would benefit from 
 47.21  continuing this relationship; 
 47.22     (2) grounds for termination under section 260.221 do not 
 47.23  exist; or 
 47.24     (3) the permanent plan for the child is transfer of 
 47.25  permanent legal and physical custody to a relative. 
 47.26     (d) If the child is not returned to the home, the 
 47.27  dispositions available for permanent placement determination are:
 47.28     (1) permanent legal and physical custody to a relative in 
 47.29  the best interests of the child.  In transferring permanent 
 47.30  legal and physical custody to a relative, the juvenile court 
 47.31  shall follow the standards and procedures applicable under 
 47.32  chapter 257 or 518.  An order establishing permanent legal or 
 47.33  physical custody under this subdivision must be filed with the 
 47.34  family court.  A transfer of legal and physical custody includes 
 47.35  responsibility for the protection, education, care, and control 
 47.36  of the child and decision making on behalf of the child.  The 
 48.1   social service agency may petition on behalf of the proposed 
 48.2   custodian; 
 48.3      (2) termination of parental rights and adoption; the social 
 48.4   service agency shall file a petition for termination of parental 
 48.5   rights under section 260.231 and all the requirements of 
 48.6   sections 260.221 to 260.245 remain applicable.  An adoption 
 48.7   completed subsequent to a determination under this subdivision 
 48.8   may include an agreement for communication or contact under 
 48.9   section 259.58; or 
 48.10     (3) long-term foster care; transfer of legal custody and 
 48.11  adoption are preferred permanency options for a child who cannot 
 48.12  return home.  The court may order a child into long-term foster 
 48.13  care only if it finds that neither an award of legal and 
 48.14  physical custody to a relative, nor termination of parental 
 48.15  rights nor adoption is in the child's best interests.  Further, 
 48.16  the court may only order long-term foster care for the child 
 48.17  under this section if it finds the following: 
 48.18     (i) the child has reached age 12 and reasonable efforts by 
 48.19  the responsible social service agency have failed to locate an 
 48.20  adoptive family for the child; or 
 48.21     (ii) the child is a sibling of a child described in clause 
 48.22  (i) and the siblings have a significant positive relationship 
 48.23  and are ordered into the same long-term foster care home; or 
 48.24     (4) foster care for a specified period of time may be 
 48.25  ordered only if: 
 48.26     (i) the sole basis for an adjudication that a child is in 
 48.27  need of protection or services is that the child is a runaway, 
 48.28  is an habitual truant, or committed a delinquent act before age 
 48.29  ten; and 
 48.30     (ii) the court finds that foster care for a specified 
 48.31  period of time is in the best interests of the child. 
 48.32     (d) (e) In ordering a permanent placement of a child, the 
 48.33  court must be governed by the best interests of the child, 
 48.34  including a review of the relationship between the child and 
 48.35  relatives and the child and other important persons with whom 
 48.36  the child has resided or had significant contact. 
 49.1      (e) (f) Once a permanent placement determination has been 
 49.2   made and permanent placement has been established, further court 
 49.3   reviews and dispositional hearings are only necessary if the 
 49.4   placement is made under paragraph (c) (d), clause (4), review is 
 49.5   otherwise required by federal law, an adoption has not yet been 
 49.6   finalized, or there is a disruption of the permanent or 
 49.7   long-term placement.  
 49.8      (f) (g) An order under this subdivision must include the 
 49.9   following detailed findings: 
 49.10     (1) how the child's best interests are served by the order; 
 49.11     (2) the nature and extent of the responsible social service 
 49.12  agency's reasonable efforts, or, in the case of an Indian child, 
 49.13  active efforts, to reunify the child with the parent or parents; 
 49.14     (3) the parent's or parents' efforts and ability to use 
 49.15  services to correct the conditions which led to the out-of-home 
 49.16  placement; 
 49.17     (4) whether the conditions which led to the out-of-home 
 49.18  placement have been corrected so that the child can return home; 
 49.19  and 
 49.20     (5) if the child cannot be returned home, whether there is 
 49.21  a substantial probability of the child being able to return home 
 49.22  in the next six months.  
 49.23     (g) (h) An order for permanent legal and physical custody 
 49.24  of a child may be modified under sections 518.18 and 518.185.  
 49.25  The social service agency is a party to the proceeding and must 
 49.26  receive notice.  An order for long-term foster care is 
 49.27  reviewable upon motion and a showing by the parent of a 
 49.28  substantial change in the parent's circumstances such that the 
 49.29  parent could provide appropriate care for the child and that 
 49.30  removal of the child from the child's permanent placement and 
 49.31  the return to the parent's care would be in the best interest of 
 49.32  the child. 
 49.33     Sec. 28.  Minnesota Statutes 1996, section 260.221, as 
 49.34  amended by Laws 1997, chapters 218, sections 10 and 11, and 239, 
 49.35  article 6, section 30, is amended to read: 
 49.36     260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.] 
 50.1      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 50.2   court may upon petition, terminate all rights of a parent to a 
 50.3   child: 
 50.4      (a) with the written consent of a parent who for good cause 
 50.5   desires to terminate parental rights; or 
 50.6      (b) if it finds that one or more of the following 
 50.7   conditions exist: 
 50.8      (1) that the parent has abandoned the child; or 
 50.9      (2) that the parent has substantially, continuously, or 
 50.10  repeatedly refused or neglected to comply with the duties 
 50.11  imposed upon that parent by the parent and child relationship, 
 50.12  including but not limited to providing the child with necessary 
 50.13  food, clothing, shelter, education, and other care and control 
 50.14  necessary for the child's physical, mental, or emotional health 
 50.15  and development, if the parent is physically and financially 
 50.16  able, and reasonable efforts by the social service agency have 
 50.17  failed to correct the conditions that formed the basis of the 
 50.18  petition; or 
 50.19     (3) that a parent has been ordered to contribute to the 
 50.20  support of the child or financially aid in the child's birth and 
 50.21  has continuously failed to do so without good cause.  This 
 50.22  clause shall not be construed to state a grounds for termination 
 50.23  of parental rights of a noncustodial parent if that parent has 
 50.24  not been ordered to or cannot financially contribute to the 
 50.25  support of the child or aid in the child's birth; or 
 50.26     (4) that a parent is palpably unfit to be a party to the 
 50.27  parent and child relationship because of a consistent pattern of 
 50.28  specific conduct before the child or of specific conditions 
 50.29  directly relating to the parent and child relationship either of 
 50.30  which are determined by the court to be of a duration or nature 
 50.31  that renders the parent unable, for the reasonably foreseeable 
 50.32  future, to care appropriately for the ongoing physical, mental, 
 50.33  or emotional needs of the child.  It is presumed that a parent 
 50.34  is palpably unfit to be a party to the parent and child 
 50.35  relationship upon a showing that: 
 50.36     (i) the child was adjudicated in need of protection or 
 51.1   services due to circumstances described in section 260.015, 
 51.2   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 51.3      (ii) the parent's parental rights to one or more other 
 51.4   children were involuntarily terminated under clause (1), (2), 
 51.5   (4), or (7), or under clause (5) if the child was initially 
 51.6   determined to be in need of protection or services due to 
 51.7   circumstances described in section 260.015, subdivision 2a, 
 51.8   clause (1), (2), (3), (5), or (8); or 
 51.9      (5) that following upon a determination of neglect or 
 51.10  dependency, or of a child's need for protection or services, 
 51.11  reasonable efforts, under the direction of the court, have 
 51.12  failed to correct the conditions leading to the determination.  
 51.13  It is presumed that reasonable efforts under this clause have 
 51.14  failed upon a showing that: 
 51.15     (i) a child has resided out of the parental home under 
 51.16  court order for a cumulative period of more than one year within 
 51.17  a five-year period following an adjudication of dependency, 
 51.18  neglect, need for protection or services under section 260.015, 
 51.19  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
 51.20  neglected and in foster care, and an order for disposition under 
 51.21  section 260.191, including adoption of the case plan required by 
 51.22  section 257.071; 
 51.23     (ii) conditions leading to the determination will not be 
 51.24  corrected within the reasonably foreseeable future.  It is 
 51.25  presumed that conditions leading to a child's out-of-home 
 51.26  placement will not be corrected in the reasonably foreseeable 
 51.27  future upon a showing that the parent or parents have not 
 51.28  substantially complied with the court's orders and a reasonable 
 51.29  case plan, and the conditions which led to the out-of-home 
 51.30  placement have not been corrected; and 
 51.31     (iii) reasonable efforts have been made by the social 
 51.32  service agency to rehabilitate the parent and reunite the family.
 51.33     This clause does not prohibit the termination of parental 
 51.34  rights prior to one year after a child has been placed out of 
 51.35  the home.  
 51.36     It is also presumed that reasonable efforts have failed 
 52.1   under this clause upon a showing that: 
 52.2      (i) the parent has been diagnosed as chemically dependent 
 52.3   by a professional certified to make the diagnosis; 
 52.4      (ii) the parent has been required by a case plan to 
 52.5   participate in a chemical dependency treatment program; 
 52.6      (iii) the treatment programs offered to the parent were 
 52.7   culturally, linguistically, and clinically appropriate; 
 52.8      (iv) the parent has either failed two or more times to 
 52.9   successfully complete a treatment program or has refused at two 
 52.10  or more separate meetings with a caseworker to participate in a 
 52.11  treatment program; and 
 52.12     (v) the parent continues to abuse chemicals.  
 52.13  Provided, that this presumption applies only to parents required 
 52.14  by a case plan to participate in a chemical dependency treatment 
 52.15  program on or after July 1, 1990; or 
 52.16     (6) that a child has experienced egregious harm in the 
 52.17  parent's care which is of a nature, duration, or chronicity that 
 52.18  indicates a lack of regard for the child's well-being, such that 
 52.19  a reasonable person would believe it contrary to the best 
 52.20  interest of the child or of any child to be in the parent's 
 52.21  care; or 
 52.22     (7) that in the case of a child born to a mother who was 
 52.23  not married to the child's father when the child was conceived 
 52.24  nor when the child was born the person is not entitled to notice 
 52.25  of an adoption hearing under section 259.49 and the person has 
 52.26  not registered with the putative fathers' adoption registry 
 52.27  under section 259.52; or 
 52.28     (8) that the child is neglected and in foster care; or 
 52.29     (9) that the parent has been convicted of a crime listed in 
 52.30  section 260.012, paragraph (b), clauses (1) to (3). 
 52.31     In an action involving an American Indian child, sections 
 52.32  257.35 to 257.3579 and the Indian Child Welfare Act, United 
 52.33  States Code, title 25, sections 1901 to 1923, control to the 
 52.34  extent that the provisions of this section are inconsistent with 
 52.35  those laws. 
 52.36     Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
 53.1   subdivision 1, paragraph (b), clause (1): 
 53.2      (a) Abandonment is presumed when: 
 53.3      (1) the parent has had no contact with the child on a 
 53.4   regular basis and not demonstrated consistent interest in the 
 53.5   child's well-being for six months; and 
 53.6      (2) the social service agency has made reasonable efforts 
 53.7   to facilitate contact, unless the parent establishes that an 
 53.8   extreme financial or physical hardship or treatment for mental 
 53.9   disability or chemical dependency or other good cause prevented 
 53.10  the parent from making contact with the child.  This presumption 
 53.11  does not apply to children whose custody has been determined 
 53.12  under chapter 257 or 518.  The court is not prohibited from 
 53.13  finding abandonment in the absence of this presumption; or 
 53.14     (2) the child is an infant under two years of age and has 
 53.15  been deserted by the parent under circumstances that show an 
 53.16  intent not to return to care for the child. 
 53.17     (b) The following are prima facie evidence of abandonment 
 53.18  where adoption proceedings are pending and there has been a 
 53.19  showing that the person was not entitled to notice of an 
 53.20  adoption proceeding under section 259.49: 
 53.21     (1) failure to register with the putative fathers' adoption 
 53.22  registry under section 259.52; or 
 53.23     (2) if the person registered with the putative fathers' 
 53.24  adoption registry under section 259.52: 
 53.25     (i) filing a denial of paternity within 30 days of receipt 
 53.26  of notice under section 259.52, subdivision 8; 
 53.27     (ii) failing to timely file an intent to claim parental 
 53.28  rights with entry of appearance form within 30 days of receipt 
 53.29  of notice under section 259.52, subdivision 10; or 
 53.30     (iii) timely filing an intent to claim parental rights with 
 53.31  entry of appearance form within 30 days of receipt of notice 
 53.32  under section 259.52, subdivision 10, but failing to initiate a 
 53.33  paternity action within 30 days of receiving the putative 
 53.34  fathers' adoption registry notice where there has been no 
 53.35  showing of good cause for the delay. 
 53.36     Subd. 1b.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 
 54.1   The county attorney shall file a termination of parental rights 
 54.2   petition within 30 days of a child's placement in out-of-home 
 54.3   care if the child has been subjected to egregious harm as 
 54.4   defined in section 260.015, subdivision 29, is the sibling of 
 54.5   another child of the parent who was subjected to egregious harm, 
 54.6   or is an abandoned infant as defined in subdivision 1a, 
 54.7   paragraph (a), clause (2).  The local social services agency 
 54.8   shall concurrently identify, recruit, process, and approve an 
 54.9   adoptive family for the child.  If a termination of parental 
 54.10  rights petition has been filed by another party the local social 
 54.11  services agency shall be joined as a party to the petition.  If 
 54.12  criminal charges have been filed against a parent arising out of 
 54.13  the conduct alleged to constitute egregious harm, the county 
 54.14  attorney shall determine which matter should proceed to trial 
 54.15  first, consistent with the best interests of the child and 
 54.16  subject to the defendant's right to a speedy trial. 
 54.17     (b) This requirement does not apply if the county attorney 
 54.18  determines and files with the court its determination that a 
 54.19  transfer of permanent legal and physical custody to a relative 
 54.20  is in the best interests of the child or there is a compelling 
 54.21  reason documented by the local social services agency that 
 54.22  filing the petition would not be in the best interests of the 
 54.23  child. 
 54.24     Subd. 1c.  [CURRENT FOSTER CARE CHILDREN.] The county 
 54.25  attorney shall file a termination of parental rights petition or 
 54.26  other permanent placement proceeding under section 260.191, 
 54.27  subdivision 3b, for all children determined to be in need of 
 54.28  protection or services who are placed in out-of-home care for 
 54.29  reasons other than care or treatment of the child's disability, 
 54.30  and who are in out-of-home placement on the day following final 
 54.31  enactment of this section, and have been in out-of-home care for 
 54.32  15 of the most recent 22 months.  
 54.33     Subd. 2.  [ADOPTIVE PARENT.] For purposes of subdivision 1, 
 54.34  clause (a), an adoptive parent may not terminate parental rights 
 54.35  to an adopted child for a reason that would not apply to a birth 
 54.36  parent seeking termination of parental rights to a child under 
 55.1   subdivision 1, clause (a). 
 55.2      Subd. 3.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
 55.3   subdivision 1, clause (b), no prior judicial finding of 
 55.4   dependency, neglect, need for protection or services, or 
 55.5   neglected and in foster care is required, except as provided in 
 55.6   subdivision 1, clause (b), item (5). 
 55.7      Subd. 4.  [BEST INTERESTS OF CHILD PARAMOUNT.] In any 
 55.8   proceeding under this section, the best interests of the child 
 55.9   must be the paramount consideration, provided that the 
 55.10  conditions in subdivision 1, clause (a), or at least one 
 55.11  condition in subdivision 1, clause (b), are found by the court.  
 55.12  In proceedings involving an American Indian child, as defined in 
 55.13  section 257.351, subdivision 6, the best interests of the child 
 55.14  must be determined consistent with the Indian Child Welfare Act 
 55.15  of 1978, United States Code, title 25, section 1901, et seq.  
 55.16  Where the interests of parent and child conflict, the interests 
 55.17  of the child are paramount.  
 55.18     Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 55.19  proceeding under this section, the court shall make specific 
 55.20  findings: 
 55.21     (1) regarding the nature and extent of efforts made by the 
 55.22  social service agency to rehabilitate the parent and reunite the 
 55.23  family; 
 55.24     (2) that provision of services or further services for the 
 55.25  purpose of rehabilitation and reunification is futile and 
 55.26  therefore unreasonable under the circumstances; or 
 55.27     (3) that reasonable efforts at reunification is are not 
 55.28  required because the parent has been convicted of a crime listed 
 55.29  in section 260.012, paragraph (b), clauses (1) to (3) as 
 55.30  provided under section 260.012. 
 55.31     Sec. 29.  Minnesota Statutes 1997 Supplement, section 
 55.32  260.241, subdivision 3, is amended to read: 
 55.33     Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
 55.34  certified copy of the findings and the order terminating 
 55.35  parental rights, and a summary of the court's information 
 55.36  concerning the child shall be furnished by the court to the 
 56.1   commissioner or the agency to which guardianship is 
 56.2   transferred.  The orders shall be on a document separate from 
 56.3   the findings.  The court shall furnish the individual to whom 
 56.4   guardianship is transferred a copy of the order terminating 
 56.5   parental rights. 
 56.6      (b) The court shall retain jurisdiction in a case where 
 56.7   adoption is the intended permanent placement disposition.  The 
 56.8   guardian ad litem and counsel for the child shall continue on 
 56.9   the case until an adoption decree is entered.  A hearing must be 
 56.10  held every 90 days following termination of parental rights for 
 56.11  the court to review progress toward an adoptive placement and 
 56.12  the specific recruitment efforts the agency has taken to find an 
 56.13  adoptive family or other placement living arrangement for the 
 56.14  child and to finalize the adoption or other permanency plan. 
 56.15     (c) The court shall retain jurisdiction in a case where 
 56.16  long-term foster care is the permanent disposition.  The 
 56.17  guardian ad litem and counsel for the child must be dismissed 
 56.18  from the case on the effective date of the permanent placement 
 56.19  order.  However, the foster parent and the child, if of 
 56.20  sufficient age, must be informed how they may contact a guardian 
 56.21  ad litem if the matter is subsequently returned to court. 
 56.22     Sec. 30.  Minnesota Statutes 1996, section 626.556, is 
 56.23  amended by adding a subdivision to read: 
 56.24     Subd. 11d.  [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY 
 56.25  CASES.] (a) The definitions in this paragraph apply to this 
 56.26  section. 
 56.27     (1) "Child fatality" means the death of a child from 
 56.28  suspected abuse, neglect, or maltreatment. 
 56.29     (2) "Near fatality" means a case in which a physician 
 56.30  determines that a child is in serious or critical condition as 
 56.31  the result of sickness or injury caused by suspected abuse, 
 56.32  neglect, or maltreatment. 
 56.33     (3) "Findings and information" means a written summary 
 56.34  described in paragraph (c) of actions taken or services rendered 
 56.35  by a local social services agency following receipt of a report. 
 56.36     (b) Notwithstanding any other provision of law and subject 
 57.1   to this subdivision, a public agency shall disclose to the 
 57.2   public, upon request, the findings and information related to a 
 57.3   child fatality or near fatality if: 
 57.4      (1) a person is criminally charged with having caused the 
 57.5   child fatality or near fatality; or 
 57.6      (2) a county attorney certifies that a person would have 
 57.7   been charged with having caused the child fatality or near 
 57.8   fatality but for that person's death. 
 57.9      (c) Findings and information disclosed under this 
 57.10  subdivision consist of a written summary that includes any of 
 57.11  the following information the agency is able to provide: 
 57.12     (1) the dates, outcomes, and results of any actions taken 
 57.13  or services rendered; 
 57.14     (2) the results of any review of the state child mortality 
 57.15  review panel, a local child mortality review panel, a local 
 57.16  community child protection team, or any public agency; and 
 57.17     (3) confirmation of the receipt of all reports, accepted or 
 57.18  not accepted, by the local welfare agency for assessment of 
 57.19  suspected child abuse, neglect, or maltreatment, including 
 57.20  confirmation that investigations were conducted, the results of 
 57.21  the investigations, a description of the conduct of the most 
 57.22  recent investigation and the services rendered, and a statement 
 57.23  of the basis for the agency's determination. 
 57.24     (d) Nothing in this subdivision authorizes access to the 
 57.25  private data in the custody of a local social services agency, 
 57.26  or the disclosure to the public of the records or content of any 
 57.27  psychiatric, psychological, or therapeutic evaluations, or the 
 57.28  disclosure of information that would reveal the identities of 
 57.29  persons who provided information related to suspected abuse, 
 57.30  neglect, or maltreatment of the child. 
 57.31     (e) A person whose request is denied may apply to the 
 57.32  appropriate court for an order compelling disclosure of all or 
 57.33  part of the findings and information of the public agency.  The 
 57.34  application must set forth, with reasonable particularity, 
 57.35  factors supporting the application.  The court has jurisdiction 
 57.36  to issue these orders.  Actions under this section must be set 
 58.1   down for immediate hearing, and subsequent proceedings in those 
 58.2   actions must be given priority by the appellate courts.  
 58.3      (f) A public agency or its employees acting in good faith 
 58.4   in disclosing or declining to disclose information under this 
 58.5   section are immune from criminal or civil liability that might 
 58.6   otherwise be incurred or imposed for that action. 
 58.7      Sec. 31.  [EFFECTIVE DATE.] 
 58.8      This article is effective the day following final 
 58.9   enactment, except that: 
 58.10     (1) sections 7 and 26 are effective July 1, 1998; and 
 58.11     (2) section 23 and the provisions of section 27, paragraphs 
 58.12  (a) and (c), that apply to children under eight years of age, 
 58.13  are effective July 1, 1999. 
 58.14                             ARTICLE 2
 58.15    FAMILY ASSESSMENTS AND SERVICES AND COMMUNITY COLLABORATION
 58.16     Section 1.  [626.5551] [PROGRAMS FOR CHILD PROTECTION 
 58.17  ASSESSMENTS OR INVESTIGATIONS; COMMUNITY COLLABORATION.] 
 58.18     Subdivision 1.  [DESIGNATION OF COUNTIES; GRANTS AND 
 58.19  TECHNICAL ASSISTANCE.] By October 1, 1998, the commissioner of 
 58.20  human services shall designate counties to participate in the 
 58.21  pilot child protection program established under this section 
 58.22  for assessment and investigation of reports of child 
 58.23  maltreatment received under section 626.556 and the provision of 
 58.24  family services.  The commissioner shall make grants to counties 
 58.25  for purposes of planning and implementing a program under this 
 58.26  section and shall provide technical assistance and develop 
 58.27  protocols for the programs. 
 58.28     Subd. 2.  [ESTABLISHMENT; PURPOSE.] A child protection 
 58.29  program may be established under this section in order to 
 58.30  promote the safety of children and the integrity and 
 58.31  preservation of their families by conducting investigations or 
 58.32  family assessments in response to reports of child maltreatment 
 58.33  under section 626.556.  The program shall be designed to 
 58.34  coordinate community resources and provide assistance or 
 58.35  services to children and families identified to be at risk, and 
 58.36  to prevent and remedy child abuse and neglect. 
 59.1      Subd. 3.  [DETERMINATIONS REGARDING INVESTIGATION OR FAMILY 
 59.2   ASSESSMENT AND SERVICES.] (a) Upon receipt of a report under 
 59.3   section 626.556, the local welfare agency shall make a 
 59.4   determination whether to proceed with an investigation as 
 59.5   provided in section 626.556 or to proceed with a family 
 59.6   assessment and services approach under this section.  If a local 
 59.7   law enforcement agency receives a report under section 626.556 
 59.8   in a county that is participating in the program under this 
 59.9   section, the local law enforcement agency shall immediately 
 59.10  forward the report to the local welfare agency for purposes of 
 59.11  making a determination under this subdivision.  This does not 
 59.12  preclude the local law enforcement agency from proceeding with a 
 59.13  criminal investigation as appropriate. 
 59.14     (b) The local welfare agency shall make determinations 
 59.15  under this subdivision through the use of protocols developed by 
 59.16  the commissioner of human services.  The local welfare agency 
 59.17  may conduct an investigation of any report, but shall conduct an 
 59.18  investigation of reports that, if true, would mean that the 
 59.19  child has experienced, or is at risk of experiencing, serious 
 59.20  physical injury, sexual abuse, abandonment, or neglect that 
 59.21  substantially endangers the child's physical or mental health, 
 59.22  including intentional starvation and a diagnosis by a physician 
 59.23  of nonorganic failure to thrive, or that would be a violation 
 59.24  of, or an attempt to commit a violation of: 
 59.25     (1) section 609.185, 609.19, or 609.195 (murder in the 
 59.26  first, second, or third degree); 
 59.27     (2) section 609.20 or 609.205 (manslaughter in the first or 
 59.28  second degree); 
 59.29     (3) section 609.221, 609.222, or 609.223 (assault in the 
 59.30  first, second, or third degree); 
 59.31     (4) section 609.322 (solicitation, inducement, and 
 59.32  promotion of prostitution); 
 59.33     (5) sections 609.342 to 609.3451 (criminal sexual conduct); 
 59.34     (6) section 609.352 (solicitation of children to engage in 
 59.35  sexual conduct); 
 59.36     (7) section 609.377 or 609.378 (malicious punishment or 
 60.1   neglect or endangerment of a child); or 
 60.2      (8) section 617.246 (use of minor in sexual performance). 
 60.3      (c) In addition, in all cases the local welfare agency 
 60.4   shall contact the appropriate law enforcement agency as provided 
 60.5   in section 626.556, subdivision 3.  The law enforcement agency 
 60.6   may conduct its own investigation and shall assist the local 
 60.7   welfare agency in its investigation or provide, within a 
 60.8   reasonable time, a written explanation detailing the reasons why 
 60.9   it is unable to assist. 
 60.10     (d) The local social service agency shall make a 
 60.11  determination of how to proceed and initiate an investigation or 
 60.12  family assessment and services within 24 hours of receipt of the 
 60.13  report, except in cases where the sole basis for the report is 
 60.14  educational neglect.  If the report indicates that educational 
 60.15  neglect is the only complaint and there is no suspicion of other 
 60.16  neglect or abuse, the investigation or family assessment and 
 60.17  services approach shall be initiated within 72 hours of receipt 
 60.18  of the report.  
 60.19     Subd. 4.  [PROVISION OF FAMILY ASSESSMENT AND 
 60.20  SERVICES.] (a) If the local welfare agency makes a determination 
 60.21  to use the family assessment and services approach, the agency 
 60.22  shall assess the risk of abuse and neglect and the service needs 
 60.23  of the family based on information gathered from the family and 
 60.24  other available sources.  At the time of the initial contact 
 60.25  with the family, the local welfare agency shall provide the 
 60.26  parent or other caretaker with information regarding the purpose 
 60.27  of the contact and the assessment process to be followed during 
 60.28  the agency's intervention, including possible services available 
 60.29  and expectations of the family.  The local welfare agency may 
 60.30  enter into contracts with other public or private agencies with 
 60.31  appropriate professional expertise to perform the assessment 
 60.32  duties and provide services under this subdivision. 
 60.33     (b) The agency shall arrange for services that are 
 60.34  voluntary and time-limited unless the agency determines, based 
 60.35  on the assessment of risk, that there will be a high risk of 
 60.36  abuse or neglect if the family refuses to accept the services.  
 61.1   The agency shall identify services for families where it is 
 61.2   determined that the child is at high risk of future abuse or 
 61.3   neglect.  The agency shall thoroughly document its attempt to 
 61.4   provide voluntary services and the reasons these services are 
 61.5   important to reduce the risk of future abuse or neglect to the 
 61.6   child.  If the family continues to refuse voluntary services or 
 61.7   the child needs to be protected, the agency may begin an 
 61.8   investigation under section 626.556 or consult with the county 
 61.9   attorney regarding filing a petition alleging the child to be in 
 61.10  need of protection or services. 
 61.11     (c) When a case under this subdivision is closed, the local 
 61.12  welfare agency shall document the outcome of the family 
 61.13  assessment and services approach, including services provided 
 61.14  and the removal or reduction of risk to the child, if it existed.
 61.15  This documentation must be retained for at least four years.  
 61.16     Subd. 5.  [REFERRAL OF CASES FOR INVESTIGATION OR 
 61.17  ASSESSMENT.] (a) The local welfare agency shall begin an 
 61.18  immediate investigation if at any time during the family 
 61.19  assessment and services approach the agency determines that an 
 61.20  investigation is required under subdivision 3, paragraph (b), or 
 61.21  would otherwise be appropriate.  The staff who have conducted 
 61.22  the assessment may remain involved in the provision of services 
 61.23  to the family. 
 61.24     (b) The local welfare agency may conduct a family 
 61.25  assessment and services approach on reports initially referred 
 61.26  for an investigation if the agency determines that a complete 
 61.27  investigation is not required, or it may assist the family in 
 61.28  obtaining services during the investigation if it is determined 
 61.29  that the child or a member of the family needs services.  In 
 61.30  determining that a complete investigation is not required, the 
 61.31  local welfare agency must document the reason for terminating 
 61.32  the investigation and obtain written agreement of: 
 61.33     (1) the local law enforcement agency, if the local law 
 61.34  enforcement is involved, and notify the county attorney of the 
 61.35  decision to terminate the investigation; or 
 61.36     (2) the county attorney, if the local law enforcement is 
 62.1   not involved. 
 62.2      Subd. 6.  [COLLABORATIVE SERVICES.] The local social 
 62.3   service agency shall coordinate community resources and 
 62.4   collaborate with the community to identify comprehensive local 
 62.5   services and assure access to those services for children and 
 62.6   families under this section.  The local welfare agency shall 
 62.7   develop a comprehensive list of community resources, including 
 62.8   schools, nonprofit agencies, community-based organizations, 
 62.9   family services collaboratives, and health care providers, and 
 62.10  establish procedures for making referrals and following through 
 62.11  with local providers to identify and evaluate services that have 
 62.12  been provided to a family. 
 62.13     Sec. 2.  [PLANNING, EVALUATION, AND REPORT.] 
 62.14     Subdivision 1.  [PLANNING AND IMPLEMENTATION.] The 
 62.15  commissioner of human services shall develop a plan for 
 62.16  establishing, implementing, and evaluating the programs under 
 62.17  section 1.  The plan must provide for administering grants and 
 62.18  local implementation of programs by January 1, 1999.  The plan 
 62.19  must include protocols for the programs and procedures and 
 62.20  criteria for the collection of information from local welfare 
 62.21  agencies to evaluate the programs.  In developing the protocols, 
 62.22  the commissioner shall consult with interest groups within the 
 62.23  child protection system, including child protection workers, 
 62.24  child protection advocates, county attorneys, law enforcement, 
 62.25  community service organizations, the councils of color, and the 
 62.26  ombudsperson for families. 
 62.27     Subd. 2.  [EVALUATION AND REPORT.] By January 15, 2001, the 
 62.28  commissioner of human services shall report to the legislature 
 62.29  on the operation of the program under section 1.  The report 
 62.30  must include an independent evaluation of the program that 
 62.31  assesses its effect upon specified variables, including the 
 62.32  following major goals: 
 62.33     (1) promotion of the safety of children; 
 62.34     (2) preservation of the integrity of families, where 
 62.35  possible; 
 62.36     (3) remediation of abuse or neglect, or other family 
 63.1   problems that give rise to reports; and 
 63.2      (4) prevention of future abuse or neglect. 
 63.3      The report must also evaluate the use of community 
 63.4   collaboration in providing services to families.  Based on the 
 63.5   evaluation, the report must include recommendations for future 
 63.6   legislative action, including any modifications to the operation 
 63.7   of the program and recommendations regarding statewide 
 63.8   implementation. 
 63.9                              ARTICLE 3
 63.10                   CONCURRENT PERMANENCY PLANNING
 63.11     Section 1.  [257.0711] [CONCURRENT PERMANENCY PLANNING.] 
 63.12     Subdivision 1.  [PROGRAM; GOALS.] (a) The commissioner of 
 63.13  human services shall establish a program for concurrent 
 63.14  permanency planning for child protection services.  The program 
 63.15  must include a pilot program phase during which the commissioner 
 63.16  will make grants to counties who participate in concurrent 
 63.17  permanency planning, followed by statewide implementation of 
 63.18  concurrent permanency planning effective July 1, 1999. 
 63.19     (b) Concurrent permanency planning involves a planning 
 63.20  process for children who are placed out of the home of their 
 63.21  parents pursuant to a court order, or who have been voluntarily 
 63.22  placed out of the home by the parents for 60 days or more and 
 63.23  who are not developmentally disabled or emotionally handicapped 
 63.24  under section 257.071, subdivision 4.  The local social service 
 63.25  agency shall develop an alternative permanency plan while making 
 63.26  reasonable efforts for reunification of the child with the 
 63.27  family, if required by section 260.012.  The goals of concurrent 
 63.28  permanency planning are to: 
 63.29     (1) achieve early permanency for children; 
 63.30     (2) decrease children's length of stay in foster care and 
 63.31  reduce the number of moves children experience in foster care; 
 63.32  and 
 63.33     (3) develop a group of families who will work towards 
 63.34  reunification and also serve as permanent families for children. 
 63.35     Subd. 2.  [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The 
 63.36  commissioner shall establish guidelines and protocols for social 
 64.1   service agencies involved in concurrent permanency planning, 
 64.2   including criteria for conducting concurrent permanency planning 
 64.3   based on relevant factors such as: 
 64.4      (1) age of the child and duration of out-of-home placement; 
 64.5      (2) prognosis for successful reunification with parents; 
 64.6      (3) availability of relatives and other concerned 
 64.7   individuals to provide support or a permanent placement for the 
 64.8   child; and 
 64.9      (4) special needs of the child and other factors affecting 
 64.10  the child's best interests. 
 64.11     In developing the guidelines and protocols, the 
 64.12  commissioner shall consult with interest groups within the child 
 64.13  protection system, including child protection workers, child 
 64.14  protection advocates, county attorneys, law enforcement, 
 64.15  community service organizations, the councils of color, and the 
 64.16  ombudsperson for families. 
 64.17     Subd. 3.  [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent 
 64.18  permanency planning programs must include involvement of parents 
 64.19  and full disclosure of their rights and responsibilities; goals 
 64.20  of concurrent permanency planning; support services that are 
 64.21  available for families; permanency options; and the consequences 
 64.22  of not complying with case plans. 
 64.23     Subd. 4.  [TECHNICAL ASSISTANCE AND GRANTS.] The 
 64.24  commissioner of human services shall provide ongoing technical 
 64.25  assistance, support, and training for local social service 
 64.26  agencies and other individuals and agencies involved in 
 64.27  concurrent permanency planning.  The commissioner shall make 
 64.28  grants to counties for purposes of planning, implementing, and 
 64.29  assisting in the evaluation of permanency planning programs and 
 64.30  multidisciplinary training of participants. 
 64.31     Sec. 2.  [EVALUATION AND REPORT.] 
 64.32     The commissioner shall develop a detailed plan for 
 64.33  evaluating concurrent permanency planning programs, based on 
 64.34  identifiable goals and factors, including those specified in 
 64.35  section 1, subdivision 1.  The plan must also include an 
 64.36  evaluation of the fiscal impact of concurrent planning, 
 65.1   including the effect on costs of out-of-home placement.  The 
 65.2   evaluation must incorporate input and recommendations from 
 65.3   counties involved in concurrent planning.  By January 15, 2001, 
 65.4   the commissioner shall report to the appropriate committees in 
 65.5   the legislature on the operation of the concurrent planning 
 65.6   programs and the results of the evaluation under this section. 
 65.7                              ARTICLE 4 
 65.8                  CHILD SAFETY ASSESSMENTS AND PLANS 
 65.9      Section 1.  [257.0701] [CHILD SAFETY ASSESSMENT AND PLAN.] 
 65.10     Subdivision 1.  [WHEN REQUIRED.] (a) The local social 
 65.11  service agency shall follow the child safety assessment and 
 65.12  planning process under this section when the agency receives 
 65.13  information that a child under the age of 12 months has one or 
 65.14  both parents who: 
 65.15     (1) has a history of controlled substance or alcohol abuse; 
 65.16     (2) has been convicted of a crime specified in section 
 65.17  518.179, subdivision 2, if the victim of the crime was a family 
 65.18  or household member; and 
 65.19     (3) has lost custody of a child in a contested proceeding 
 65.20  to a person other than a parent, or previously has had another 
 65.21  child in court-ordered out-of-home placement. 
 65.22     (b) This section does not relieve the local social service 
 65.23  agency of any duties under this chapter, chapter 260, or section 
 65.24  626.556 in cases involving allegations of abuse or neglect of a 
 65.25  child. 
 65.26     Subd. 2.  [ASSESSMENT AND PLAN.] The agency shall assess 
 65.27  the risk to the child of future abuse and neglect and develop a 
 65.28  safety plan, in consultation with the parents, to address risk 
 65.29  factors that are present in the home and other service needs of 
 65.30  the child and family.  The safety plan may include: 
 65.31     (1) enrollment in early childhood family education; 
 65.32     (2) home visits; 
 65.33     (3) chemical dependency treatment for a parent; and 
 65.34     (4) provision of other services within the community to 
 65.35  assist the family, including child care and other services that 
 65.36  will enable the parents to participate in the safety plan. 
 66.1      The safety plan must involve continued monitoring of the 
 66.2   family as appropriate until the child is three years of age.  
 66.3   The agency may enter into contracts with other public or private 
 66.4   agencies with appropriate professional expertise to perform the 
 66.5   assessment duties and provide services under this section. 
 66.6      Sec. 2.  Minnesota Statutes 1996, section 626.556, is 
 66.7   amended by adding a subdivision to read: 
 66.8      Subd. 2a.  [CERTAIN AT RISK INFANTS.] If a local social 
 66.9   service agency receives information that would require a child 
 66.10  safety and assessment plan under section 257.0701, the local 
 66.11  social service agency shall proceed under that section. 
 66.12                             ARTICLE 5 
 66.13                    CHILD WELFARE SERVICES PLAN 
 66.14     Section 1.  [257.001] [CHILD WELFARE SERVICES PLAN.] 
 66.15     Subdivision 1.  [STATE PLANNING.] By January 15, 1999, the 
 66.16  commissioner of human services shall submit to the legislature a 
 66.17  five-year statewide plan for child welfare services.  The plan 
 66.18  must establish statewide goals and objectives for the prevention 
 66.19  of the abuse and neglect of children, early intervention for 
 66.20  children at risk of abuse or neglect, family preservation 
 66.21  services, out-of-home placement care and permanency planning, 
 66.22  and adoption.  The plan must include state targets for the 
 66.23  continuum of child welfare services, prioritized goals and 
 66.24  objectives, a rationale for the priority order, and a 
 66.25  description and rationale for the method the state plans to use 
 66.26  to address each goal and objective, including specific 
 66.27  legislative, budget, or administrative actions necessary to 
 66.28  implement the plan.  The commissioner shall incorporate in the 
 66.29  plan the semiannual reports on children in out-of-home 
 66.30  placements required under section 257.0725. 
 66.31     Subd. 2.  [COUNTY PLANNING.] As part of the statewide 
 66.32  planning process, the commissioner shall develop procedures for 
 66.33  counties to prepare and submit annual child welfare plans.  The 
 66.34  commissioner shall incorporate recommendations from the 
 66.35  commissioner of corrections in the development of county plan 
 66.36  requirements.  The county plans must include, at a minimum, an 
 67.1   assessment of the child welfare system in the county, including 
 67.2   an inventory of available early intervention and prevention 
 67.3   services, family preservation, out-of-home placement and 
 67.4   permanency planning services in the county, current and 
 67.5   projected budgets by program for the next year, and 
 67.6   county-specific child welfare targets. 
 67.7      Subd. 3.  [PUBLICATION OF PLANS.] The commissioner shall 
 67.8   publicize the results of the statewide plan and ways for the 
 67.9   public to obtain copies of the plan.  Once the plan is 
 67.10  developed, the commissioner shall prepare an annual report on 
 67.11  progress toward the goals identified in the plan.  The results 
 67.12  of the progress reports must be included in the budget documents 
 67.13  forwarded by the commissioner of finance to the legislature and 
 67.14  shall be included in the state agency performance reports 
 67.15  required by section 15.91. 
 67.16                             ARTICLE 6 
 67.17                    CHILD WELFARE APPROPRIATIONS 
 67.18     Section 1.  [APPROPRIATION.] 
 67.19     $30,000,000 is appropriated from the general fund to the 
 67.20  commissioner of human services for purposes of funding child 
 67.21  welfare initiatives and programs.  This appropriation includes 
 67.22  funding for child protection activities; planning, development 
 67.23  of protocols, grants, technical assistance, training, and 
 67.24  evaluation for family assessment and services programs, 
 67.25  concurrent permanency planning, and child safety assessments and 
 67.26  plans; and training of family mediators and facilitation of 
 67.27  relative care plans under Minnesota Statutes, section 626.5565.