SF 2682

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to children; providing for child welfare 
  1.3             reform; restricting release of certain information; 
  1.4             establishing citizen review panels; clarifying 
  1.5             jurisdiction; establishing programs for child abuse 
  1.6             and neglect assessments and investigations and 
  1.7             concurrent planning for permanent placement; defining 
  1.8             terms; imposing duties; expanding certain case plans; 
  1.9             providing for consideration of domestic abuse in child 
  1.10            protection risk assessments; authorizing rulemaking; 
  1.11            providing for sharing of certain data; changing 
  1.12            records retention requirements; requiring review and 
  1.13            audits; requiring task forces and a plan; 
  1.14            appropriating money; amending Minnesota Statutes 1996, 
  1.15            sections 144.226, subdivision 3; 245A.035, subdivision 
  1.16            4; 256.01, subdivision 12, and by adding a 
  1.17            subdivision; 257.42; 257.43; 259.24, subdivision 1; 
  1.18            259.37, subdivision 2; 260.011, subdivision 2; 
  1.19            260.141, by adding a subdivision; 260.172, subdivision 
  1.20            1; 260.191, subdivision 1e; 260.221, as amended; and 
  1.21            626.556, subdivision 10, and by adding subdivisions; 
  1.22            Minnesota Statutes 1997 Supplement, sections 144.218, 
  1.23            subdivision 2; 144.226, subdivision 4; 245A.03, 
  1.24            subdivision 2; 245A.04, subdivisions 3b and 3d; 
  1.25            256.82, subdivision 2; 257.071, subdivision 1d; 
  1.26            257.85, subdivision 5; 259.22, subdivision 4; 259.47, 
  1.27            subdivision 3; 259.58; 259.60, subdivision 2; 260.012; 
  1.28            260.015, subdivisions 2a and 29; 260.161, subdivision 
  1.29            2; 260.191, subdivisions 1, 1a, 3a, and 3b; 260.241, 
  1.30            subdivision 3; and 626.556, subdivisions 10e and 11c; 
  1.31            proposing coding for new law in Minnesota Statutes, 
  1.32            chapters 257; and 626. 
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34                             ARTICLE 1
  1.35                     ADOPTION AND SAFE FAMILIES
  1.36     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.37  144.218, subdivision 2, is amended to read: 
  1.38     Subd. 2.  [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
  1.39  the adoption of a person who was born in a foreign country, the 
  2.1   court, upon evidence presented by the commissioner of human 
  2.2   services from information secured at the port of entry, or upon 
  2.3   evidence from other reliable sources, may make findings of fact 
  2.4   as to the date and place of birth and parentage.  Upon receipt 
  2.5   of certified copies of the court findings and the order or 
  2.6   decree of adoption or a certified copy of a decree issued under 
  2.7   section 259.60, the state registrar shall register a birth 
  2.8   certificate in the new name of the adopted person.  The 
  2.9   certified copies of the court findings and the order or, decree 
  2.10  of adoption, or decree issued under section 259.60 are 
  2.11  confidential, pursuant to section 13.02, subdivision 3, and 
  2.12  shall not be disclosed except pursuant to court order or section 
  2.13  144.1761.  The birth certificate shall state the place of birth 
  2.14  as specifically as possible, and that the certificate is not 
  2.15  evidence of United States citizenship. 
  2.16     Sec. 2.  Minnesota Statutes 1996, section 144.226, 
  2.17  subdivision 3, is amended to read: 
  2.18     Subd. 3.  [BIRTH CERTIFICATE COPY SURCHARGE.] In addition 
  2.19  to any fee prescribed under subdivision 1, there shall be a 
  2.20  surcharge of $3 for each certified copy of a birth certificate, 
  2.21  and for a certification that the record cannot be found.  The 
  2.22  local or state registrar shall forward this amount to the 
  2.23  commissioner of finance for deposit into the account for the 
  2.24  children's trust fund for the prevention of child abuse 
  2.25  established under section 119A.12.  This surcharge shall not be 
  2.26  charged under those circumstances in which no fee for a 
  2.27  certified copy of a birth certificate is permitted under 
  2.28  subdivision 1, paragraph (a).  Upon certification by the 
  2.29  commissioner of finance that the assets in that fund exceed 
  2.30  $20,000,000, this surcharge shall be discontinued. 
  2.31     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.32  144.226, subdivision 4, is amended to read: 
  2.33     Subd. 4.  [VITAL RECORDS SURCHARGE.] In addition to any fee 
  2.34  prescribed under subdivision 1, there is a nonrefundable 
  2.35  surcharge of $3 for each certified and noncertified birth or 
  2.36  death record, and for a certification that the record cannot be 
  3.1   found.  The local or state registrar shall forward this amount 
  3.2   to the state treasurer to be deposited into the state government 
  3.3   special revenue fund.  This surcharge shall not be charged under 
  3.4   those circumstances in which no fee for a birth or death record 
  3.5   is permitted under subdivision 1, paragraph (a).  This surcharge 
  3.6   requirement expires June 30, 2002. 
  3.7      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.8   245A.03, subdivision 2, is amended to read: 
  3.9      Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 
  3.10  245A.16 do not apply to: 
  3.11     (1) residential or nonresidential programs that are 
  3.12  provided to a person by an individual who is related unless the 
  3.13  residential program is a child foster care placement made by a 
  3.14  local social services agency or a licensed child-placing agency, 
  3.15  except as provided in subdivision 2a; 
  3.16     (2) nonresidential programs that are provided by an 
  3.17  unrelated individual to persons from a single related family; 
  3.18     (3) residential or nonresidential programs that are 
  3.19  provided to adults who do not abuse chemicals or who do not have 
  3.20  a chemical dependency, a mental illness, mental retardation or a 
  3.21  related condition, a functional impairment, or a physical 
  3.22  handicap; 
  3.23     (4) sheltered workshops or work activity programs that are 
  3.24  certified by the commissioner of economic security; 
  3.25     (5) programs for children enrolled in kindergarten to the 
  3.26  12th grade and prekindergarten special education in a school as 
  3.27  defined in section 120.101, subdivision 4, and programs serving 
  3.28  children in combined special education and regular 
  3.29  prekindergarten programs that are operated or assisted by the 
  3.30  commissioner of children, families, and learning; 
  3.31     (6) nonresidential programs primarily for children that 
  3.32  provide care or supervision, without charge for ten or fewer 
  3.33  days a year, and for periods of less than three hours a day 
  3.34  while the child's parent or legal guardian is in the same 
  3.35  building as the nonresidential program or present within another 
  3.36  building that is directly contiguous to the building in which 
  4.1   the nonresidential program is located; 
  4.2      (7) nursing homes or hospitals licensed by the commissioner 
  4.3   of health except as specified under section 245A.02; 
  4.4      (8) board and lodge facilities licensed by the commissioner 
  4.5   of health that provide services for five or more persons whose 
  4.6   primary diagnosis is mental illness who have refused an 
  4.7   appropriate residential program offered by a county agency.  
  4.8   This exclusion expires on July 1, 1990; 
  4.9      (9) homes providing programs for persons placed there by a 
  4.10  licensed agency for legal adoption, unless the adoption is not 
  4.11  completed within two years; 
  4.12     (10) programs licensed by the commissioner of corrections; 
  4.13     (11) recreation programs for children or adults that 
  4.14  operate for fewer than 40 calendar days in a calendar year or 
  4.15  programs operated by a park and recreation board of a city of 
  4.16  the first class whose primary purpose is to provide social and 
  4.17  recreational activities to school age children, provided the 
  4.18  program is approved by the park and recreation board; 
  4.19     (12) programs operated by a school as defined in section 
  4.20  120.101, subdivision 4, whose primary purpose is to provide 
  4.21  child care to school-age children, provided the program is 
  4.22  approved by the district's school board; 
  4.23     (13) Head Start nonresidential programs which operate for 
  4.24  less than 31 days in each calendar year; 
  4.25     (14) noncertified boarding care homes unless they provide 
  4.26  services for five or more persons whose primary diagnosis is 
  4.27  mental illness or mental retardation; 
  4.28     (15) nonresidential programs for nonhandicapped children 
  4.29  provided for a cumulative total of less than 30 days in any 
  4.30  12-month period; 
  4.31     (16) residential programs for persons with mental illness, 
  4.32  that are located in hospitals, until the commissioner adopts 
  4.33  appropriate rules; 
  4.34     (17) the religious instruction of school-age children; 
  4.35  Sabbath or Sunday schools; or the congregate care of children by 
  4.36  a church, congregation, or religious society during the period 
  5.1   used by the church, congregation, or religious society for its 
  5.2   regular worship; 
  5.3      (18) camps licensed by the commissioner of health under 
  5.4   Minnesota Rules, chapter 4630; 
  5.5      (19) mental health outpatient services for adults with 
  5.6   mental illness or children with emotional disturbance; 
  5.7      (20) residential programs serving school-age children whose 
  5.8   sole purpose is cultural or educational exchange, until the 
  5.9   commissioner adopts appropriate rules; 
  5.10     (21) unrelated individuals who provide out-of-home respite 
  5.11  care services to persons with mental retardation or related 
  5.12  conditions from a single related family for no more than 90 days 
  5.13  in a 12-month period and the respite care services are for the 
  5.14  temporary relief of the person's family or legal representative; 
  5.15     (22) respite care services provided as a home and 
  5.16  community-based service to a person with mental retardation or a 
  5.17  related condition, in the person's primary residence; 
  5.18     (23) community support services programs as defined in 
  5.19  section 245.462, subdivision 6, and family community support 
  5.20  services as defined in section 245.4871, subdivision 17; 
  5.21     (24) the placement of a child by a birth parent or legal 
  5.22  guardian in a preadoptive home for purposes of adoption as 
  5.23  authorized by section 259.47; or 
  5.24     (25) settings registered under chapter 144D which provide 
  5.25  home care services licensed by the commissioner of health to 
  5.26  fewer than seven adults. 
  5.27     For purposes of clause (6), a building is directly 
  5.28  contiguous to a building in which a nonresidential program is 
  5.29  located if it shares a common wall with the building in which 
  5.30  the nonresidential program is located or is attached to that 
  5.31  building by skyway, tunnel, atrium, or common roof. 
  5.32     Sec. 5.  Minnesota Statutes 1996, section 245A.035, 
  5.33  subdivision 4, is amended to read: 
  5.34     Subd. 4.  [APPLICANT STUDY.] When the county agency has 
  5.35  received the information required by section 245A.04, 
  5.36  subdivision 3, paragraph (b), the county agency shall begin an 
  6.1   applicant study according to the procedures in section 245A.04, 
  6.2   subdivision 3.  The commissioner may issue an emergency license 
  6.3   upon recommendation of the county agency once the initial 
  6.4   inspection has been successfully completed and the information 
  6.5   necessary to begin the applicant background study has been 
  6.6   provided.  If the county agency does not recommend that the 
  6.7   emergency license be granted, the agency shall notify the 
  6.8   relative in writing that the agency is recommending denial to 
  6.9   the commissioner; shall remove any child who has been placed in 
  6.10  the home prior to licensure; and shall inform the relative in 
  6.11  writing of the procedure to request review pursuant to 
  6.12  subdivision 6.  An emergency license shall be effective until a 
  6.13  child foster care license is granted or denied, but shall in no 
  6.14  case remain in effect more than 90 120 days from the date of 
  6.15  placement. 
  6.16     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  6.17  245A.04, subdivision 3b, is amended to read: 
  6.18     Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
  6.19  individual who is the subject of the disqualification may 
  6.20  request a reconsideration of the disqualification.  
  6.21     The individual must submit the request for reconsideration 
  6.22  to the commissioner in writing.  A request for reconsideration 
  6.23  for an individual who has been sent a notice of disqualification 
  6.24  under subdivision 3a, paragraph (b), clause (1) or (2), must be 
  6.25  submitted within 30 calendar days of the disqualified 
  6.26  individual's receipt of the notice of disqualification.  A 
  6.27  request for reconsideration for an individual who has been sent 
  6.28  a notice of disqualification under subdivision 3a, paragraph 
  6.29  (b), clause (3), must be submitted within 15 calendar days of 
  6.30  the disqualified individual's receipt of the notice of 
  6.31  disqualification.  Removal of a disqualified individual from 
  6.32  direct contact shall be ordered if the individual does not 
  6.33  request reconsideration within the prescribed time, and for an 
  6.34  individual who submits a timely request for reconsideration, if 
  6.35  the disqualification is not set aside.  The individual must 
  6.36  present information showing that: 
  7.1      (1) the information the commissioner relied upon is 
  7.2   incorrect or inaccurate.  If the basis of a reconsideration 
  7.3   request is that a maltreatment determination or disposition 
  7.4   under section 626.556 or 626.557 is incorrect, and the 
  7.5   commissioner has issued a final order in an appeal of that 
  7.6   determination or disposition under section 256.045, the 
  7.7   commissioner's order is conclusive on the issue of maltreatment; 
  7.8   or 
  7.9      (2) the subject of the study does not pose a risk of harm 
  7.10  to any person served by the applicant or license holder. 
  7.11     (b) The commissioner may set aside the disqualification 
  7.12  under this section if the commissioner finds that the 
  7.13  information the commissioner relied upon is incorrect or the 
  7.14  individual does not pose a risk of harm to any person served by 
  7.15  the applicant or license holder.  In determining that an 
  7.16  individual does not pose a risk of harm, the commissioner shall 
  7.17  consider the consequences of the event or events that lead to 
  7.18  disqualification, whether there is more than one disqualifying 
  7.19  event, the vulnerability of the victim at the time of the event, 
  7.20  the time elapsed without a repeat of the same or similar event, 
  7.21  documentation of successful completion by the individual studied 
  7.22  of training or rehabilitation pertinent to the event, and any 
  7.23  other information relevant to reconsideration.  In reviewing a 
  7.24  disqualification under this section, the commissioner shall give 
  7.25  preeminent weight to the safety of each person to be served by 
  7.26  the license holder or applicant over the interests of the 
  7.27  license holder or applicant. 
  7.28     (c) Unless the information the commissioner relied on in 
  7.29  disqualifying an individual is incorrect, the commissioner may 
  7.30  not set aside the disqualification of an individual in 
  7.31  connection with a license to provide family day care for 
  7.32  children, foster care for children in the provider's own home, 
  7.33  or foster care or day care services for adults in the provider's 
  7.34  own home if: 
  7.35     (1) less than ten years have passed since the discharge of 
  7.36  the sentence imposed for the offense; and the individual has 
  8.1   been convicted of a violation of any offense listed in sections 
  8.2   609.20 (manslaughter in the first degree), 609.205 (manslaughter 
  8.3   in the second degree), criminal vehicular homicide under 609.21 
  8.4   (criminal vehicular homicide and injury), 609.215 (aiding 
  8.5   suicide or aiding attempted suicide), felony violations under 
  8.6   609.221 to 609.2231 (assault in the first, second, third, or 
  8.7   fourth degree), 609.713 (terroristic threats), 609.235 (use of 
  8.8   drugs to injure or to facilitate crime), 609.24 (simple 
  8.9   robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
  8.10  609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
  8.11  first or second degree), 609.71 (riot), burglary in the first or 
  8.12  second degree under 609.582 (burglary), 609.66 (dangerous 
  8.13  weapon), 609.665 (spring guns), 609.67 (machine guns and 
  8.14  short-barreled shotguns), 609.749 (harassment; stalking), 
  8.15  152.021 or 152.022 (controlled substance crime in the first or 
  8.16  second degree), 152.023, subdivision 1, clause (3) or (4), or 
  8.17  subdivision 2, clause (4) (controlled substance crime in the 
  8.18  third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
  8.19  (controlled substance crime in the fourth degree), 609.224, 
  8.20  subdivision 2, paragraph (c) (fifth-degree assault by a 
  8.21  caregiver against a vulnerable adult), 609.228 (great bodily 
  8.22  harm caused by distribution of drugs), 609.23 (mistreatment of 
  8.23  persons confined), 609.231 (mistreatment of residents or 
  8.24  patients), 609.2325 (criminal abuse of a vulnerable adult), 
  8.25  609.233 (criminal neglect of a vulnerable adult), 609.2335 
  8.26  (financial exploitation of a vulnerable adult), 609.234 (failure 
  8.27  to report), 609.265 (abduction), 609.2664 to 609.2665 
  8.28  (manslaughter of an unborn child in the first or second degree), 
  8.29  609.267 to 609.2672 (assault of an unborn child in the first, 
  8.30  second, or third degree), 609.268 (injury or death of an unborn 
  8.31  child in the commission of a crime), 617.293 (disseminating or 
  8.32  displaying harmful material to minors), 609.378 (neglect or 
  8.33  endangerment of a child), a gross misdemeanor offense under 
  8.34  609.377 (malicious punishment of a child), 609.72, subdivision 3 
  8.35  (disorderly conduct against a vulnerable adult); or an attempt 
  8.36  or conspiracy to commit any of these offenses, as each of these 
  9.1   offenses is defined in Minnesota Statutes; or an offense in any 
  9.2   other state, the elements of which are substantially similar to 
  9.3   the elements of any of the foregoing offenses; 
  9.4      (2) regardless of how much time has passed since the 
  9.5   discharge of the sentence imposed for the offense, the 
  9.6   individual was convicted of a violation of any offense listed in 
  9.7   sections 609.185 to 609.195 (murder in the first, second, or 
  9.8   third degree), 609.2661 to 609.2663 (murder of an unborn child 
  9.9   in the first, second, or third degree), a felony offense under 
  9.10  609.377 (malicious punishment of a child), 609.322 
  9.11  (solicitation, inducement, and promotion of prostitution), 
  9.12  609.323 (receiving profit derived from prostitution), 609.342 to 
  9.13  609.345 (criminal sexual conduct in the first, second, third, or 
  9.14  fourth degree), 609.352 (solicitation of children to engage in 
  9.15  sexual conduct), 617.246 (use of minors in a sexual 
  9.16  performance), 617.247 (possession of pictorial representations 
  9.17  of a minor), 609.365 (incest), a felony offense under 609.2242 
  9.18  and 609.2243 (domestic assault), a felony offense of spousal 
  9.19  abuse, a felony offense of child abuse or neglect, a felony 
  9.20  offense of a crime against children, or an attempt or conspiracy 
  9.21  to commit any of these offenses as defined in Minnesota 
  9.22  Statutes, or an offense in any other state, the elements of 
  9.23  which are substantially similar to any of the foregoing 
  9.24  offenses; 
  9.25     (3) within the seven years preceding the study, the 
  9.26  individual committed an act that constitutes maltreatment of a 
  9.27  child under section 626.556, subdivision 10e, and that resulted 
  9.28  in substantial bodily harm as defined in section 609.02, 
  9.29  subdivision 7a, or substantial mental or emotional harm as 
  9.30  supported by competent psychological or psychiatric evidence; or 
  9.31     (4) within the seven years preceding the study, the 
  9.32  individual was determined under section 626.557 to be the 
  9.33  perpetrator of a substantiated incident of maltreatment of a 
  9.34  vulnerable adult that resulted in substantial bodily harm as 
  9.35  defined in section 609.02, subdivision 7a, or substantial mental 
  9.36  or emotional harm as supported by competent psychological or 
 10.1   psychiatric evidence. 
 10.2      In the case of any ground for disqualification under 
 10.3   clauses (1) to (4), if the act was committed by an individual 
 10.4   other than the applicant or license holder residing in the 
 10.5   applicant's or license holder's home, the applicant or license 
 10.6   holder may seek reconsideration when the individual who 
 10.7   committed the act no longer resides in the home.  
 10.8      The disqualification periods provided under clauses (1), 
 10.9   (3), and (4) are the minimum applicable disqualification 
 10.10  periods.  The commissioner may determine that an individual 
 10.11  should continue to be disqualified from licensure because the 
 10.12  license holder or applicant poses a risk of harm to a person 
 10.13  served by that individual after the minimum disqualification 
 10.14  period has passed. 
 10.15     (d) The commissioner shall respond in writing or by 
 10.16  electronic transmission to all reconsideration requests for 
 10.17  which the basis for the request is that the information relied 
 10.18  upon by the commissioner to disqualify is incorrect or 
 10.19  inaccurate within 30 working days of receipt of a request and 
 10.20  all relevant information.  If the basis for the request is that 
 10.21  the individual does not pose a risk of harm, the commissioner 
 10.22  shall respond to the request within 15 working days after 
 10.23  receiving the request for reconsideration and all relevant 
 10.24  information.  If the disqualification is set aside, the 
 10.25  commissioner shall notify the applicant or license holder in 
 10.26  writing or by electronic transmission of the decision. 
 10.27     (e) Except as provided in subdivision 3c, the 
 10.28  commissioner's decision to disqualify an individual, including 
 10.29  the decision to grant or deny a rescission or set aside a 
 10.30  disqualification under this section, is the final administrative 
 10.31  agency action and shall not be subject to further review in a 
 10.32  contested case under chapter 14 involving a negative licensing 
 10.33  appeal taken in response to the disqualification or involving an 
 10.34  accuracy and completeness appeal under section 13.04. 
 10.35     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
 10.36  245A.04, subdivision 3d, is amended to read: 
 11.1      Subd. 3d.  [DISQUALIFICATION.] When a background study 
 11.2   completed under subdivision 3 shows any of the following:  a 
 11.3   conviction of one or more crimes listed in clauses (1) to (4); 
 11.4   the individual has admitted to or a preponderance of the 
 11.5   evidence indicates the individual has committed an act or acts 
 11.6   that meet the definition of any of the crimes listed in clauses 
 11.7   (1) to (4); or an administrative determination listed under 
 11.8   clause (4), the individual shall be disqualified from any 
 11.9   position allowing direct contact with persons receiving services 
 11.10  from the license holder: 
 11.11     (1) regardless of how much time has passed since the 
 11.12  discharge of the sentence imposed for the offense, and unless 
 11.13  otherwise specified, regardless of the level of the conviction, 
 11.14  the individual was convicted of any of the following offenses:  
 11.15  sections 609.185 (murder in the first degree); 609.19 (murder in 
 11.16  the second degree); 609.195 (murder in the third degree); 
 11.17  609.2661 (murder of an unborn child in the first degree); 
 11.18  609.2662 (murder of an unborn child in the second degree); 
 11.19  609.2663 (murder of an unborn child in the third degree); 
 11.20  609.322 (solicitation, inducement, and promotion of 
 11.21  prostitution); 609.323 (receiving profit derived from 
 11.22  prostitution); 609.342 (criminal sexual conduct in the first 
 11.23  degree); 609.343 (criminal sexual conduct in the second degree); 
 11.24  609.344 (criminal sexual conduct in the third degree); 609.345 
 11.25  (criminal sexual conduct in the fourth degree); 609.352 
 11.26  (solicitation of children to engage in sexual conduct); 609.365 
 11.27  (incest); felony offense under 609.377 (malicious punishment of 
 11.28  a child); 617.246 (use of minors in sexual performance 
 11.29  prohibited); 617.247 (possession of pictorial representations of 
 11.30  minors); a felony offense under 609.2242 and 609.2243 (domestic 
 11.31  assault), a felony offense of spousal abuse, a felony offense of 
 11.32  child abuse or neglect, a felony offense of a crime against 
 11.33  children; or attempt or conspiracy to commit any of these 
 11.34  offenses as defined in Minnesota Statutes, or an offense in any 
 11.35  other state or country, where the elements are substantially 
 11.36  similar to any of the offenses listed in this clause; 
 12.1      (2) if less than 15 years have passed since the discharge 
 12.2   of the sentence imposed for the offense; and the individual has 
 12.3   received a felony conviction for a violation of any of these 
 12.4   offenses:  sections 609.20 (manslaughter in the first degree); 
 12.5   609.205 (manslaughter in the second degree); 609.21 (criminal 
 12.6   vehicular homicide and injury); 609.215 (suicide); 609.221 to 
 12.7   609.2231 (assault in the first, second, third, or fourth 
 12.8   degree); repeat offenses under 609.224 (assault in the fifth 
 12.9   degree); 609.2242 and 609.2243 (domestic assault; sentencing; 
 12.10  repeat domestic assault); repeat offenses under 609.3451 
 12.11  (criminal sexual conduct in the fifth degree); 609.713 
 12.12  (terroristic threats); 609.235 (use of drugs to injure or 
 12.13  facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
 12.14  robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 
 12.15  609.561 (arson in the first degree); 609.562 (arson in the 
 12.16  second degree); 609.563 (arson in the third degree); repeat 
 12.17  offenses under 617.23 (indecent exposure; penalties); repeat 
 12.18  offenses under 617.241 (obscene materials and performances; 
 12.19  distribution and exhibition prohibited; penalty); 609.71 (riot); 
 12.20  609.66 (dangerous weapons); 609.67 (machine guns and 
 12.21  short-barreled shotguns); 609.749 (harassment; stalking; 
 12.22  penalties); 609.228 (great bodily harm caused by distribution of 
 12.23  drugs); 609.2325 (criminal abuse of a vulnerable adult); 
 12.24  609.2664 (manslaughter of an unborn child in the first degree); 
 12.25  609.2665 (manslaughter of an unborn child in the second degree); 
 12.26  609.267 (assault of an unborn child in the first degree); 
 12.27  609.2671 (assault of an unborn child in the second degree); 
 12.28  609.268 (injury or death of an unborn child in the commission of 
 12.29  a crime); 609.378 (neglect or endangerment of a child); 609.324, 
 12.30  subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335 
 12.31  (financial exploitation of a vulnerable adult); 609.521 
 12.32  (possession of shoplifting gear); 609.582 (burglary); 609.625 
 12.33  (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 
 12.34  offering a forged check); 609.635 (obtaining signature by false 
 12.35  pretense); 609.27 (coercion); 609.275 (attempt to coerce); 
 12.36  609.687 (adulteration); 260.221 (grounds for termination of 
 13.1   parental rights); and chapter 152 (drugs; controlled 
 13.2   substance).  An attempt or conspiracy to commit any of these 
 13.3   offenses, as each of these offenses is defined in Minnesota 
 13.4   Statutes; or an offense in any other state or country, the 
 13.5   elements of which are substantially similar to the elements of 
 13.6   the offenses in this clause.  If the individual studied is 
 13.7   convicted of one of the felonies listed in this clause, but the 
 13.8   sentence is a gross misdemeanor or misdemeanor disposition, the 
 13.9   look-back period for the conviction is the period applicable to 
 13.10  the disposition, that is the period for gross misdemeanors or 
 13.11  misdemeanors; 
 13.12     (3) if less than ten years have passed since the discharge 
 13.13  of the sentence imposed for the offense; and the individual has 
 13.14  received a gross misdemeanor conviction for a violation of any 
 13.15  of the following offenses:  sections 609.224 (assault in the 
 13.16  fifth degree); 609.2242 and 609.2243 (domestic assault); 
 13.17  violation of an order for protection under 518B.01, subdivision 
 13.18  14; 609.3451 (criminal sexual conduct in the fifth degree); 
 13.19  repeat offenses under 609.746 (interference with privacy); 
 13.20  repeat offenses under 617.23 (indecent exposure); 617.241 
 13.21  (obscene materials and performances); 617.243 (indecent 
 13.22  literature, distribution); 617.293 (harmful materials; 
 13.23  dissemination and display to minors prohibited); 609.71 (riot); 
 13.24  609.66 (dangerous weapons); 609.749 (harassment; stalking; 
 13.25  penalties); 609.224, subdivision 2, paragraph (c) (assault in 
 13.26  the fifth degree by a caregiver against a vulnerable adult); 
 13.27  609.23 (mistreatment of persons confined); 609.231 (mistreatment 
 13.28  of residents or patients); 609.2325 (criminal abuse of a 
 13.29  vulnerable adult); 609.233 (criminal neglect of a vulnerable 
 13.30  adult); 609.2335 (financial exploitation of a vulnerable adult); 
 13.31  609.234 (failure to report maltreatment of a vulnerable adult); 
 13.32  609.72, subdivision 3 (disorderly conduct against a vulnerable 
 13.33  adult); 609.265 (abduction); 609.378 (neglect or endangerment of 
 13.34  a child); 609.377 (malicious punishment of a child); 609.324, 
 13.35  subdivision 1a (other prohibited acts; minor engaged in 
 13.36  prostitution); 609.33 (disorderly house); 609.52 (theft); 
 14.1   609.582 (burglary); 609.631 (check forgery; offering a forged 
 14.2   check); 609.275 (attempt to coerce); or an attempt or conspiracy 
 14.3   to commit any of these offenses, as each of these offenses is 
 14.4   defined in Minnesota Statutes; or an offense in any other state 
 14.5   or country, the elements of which are substantially similar to 
 14.6   the elements of any of the offenses listed in this clause.  If 
 14.7   the defendant is convicted of one of the gross misdemeanors 
 14.8   listed in this clause, but the sentence is a misdemeanor 
 14.9   disposition, the look-back period for the conviction is the 
 14.10  period applicable to misdemeanors; 
 14.11     (4) if less than seven years have passed since the 
 14.12  discharge of the sentence imposed for the offense; and the 
 14.13  individual has received a misdemeanor conviction for a violation 
 14.14  of any of the following offenses:  sections 609.224 (assault in 
 14.15  the fifth degree); 609.2242 (domestic assault); violation of an 
 14.16  order for protection under 518B.01 (Domestic Abuse Act); 
 14.17  violation of an order for protection under 609.3232 (protective 
 14.18  order authorized; procedures; penalties); 609.746 (interference 
 14.19  with privacy); 609.79 (obscene or harassing phone calls); 
 14.20  609.795 (letter, telegram, or package; opening; harassment); 
 14.21  617.23 (indecent exposure; penalties); 609.2672 (assault of an 
 14.22  unborn child in the third degree); 617.293 (harmful materials; 
 14.23  dissemination and display to minors prohibited); 609.66 
 14.24  (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
 14.25  exploitation of a vulnerable adult); 609.234 (failure to report 
 14.26  maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
 14.27  (coercion); or an attempt or conspiracy to commit any of these 
 14.28  offenses, as each of these offenses is defined in Minnesota 
 14.29  Statutes; or an offense in any other state or country, the 
 14.30  elements of which are substantially similar to the elements of 
 14.31  any of the offenses listed in this clause; failure to make 
 14.32  required reports under section 626.556, subdivision 3, or 
 14.33  626.557, subdivision 3, for incidents in which:  (i) the final 
 14.34  disposition under section 626.556 or 626.557 was substantiated 
 14.35  maltreatment, and (ii) the maltreatment was recurring or 
 14.36  serious; or substantiated serious or recurring maltreatment of a 
 15.1   minor under section 626.556 or of a vulnerable adult under 
 15.2   section 626.557 for which there is a preponderance of evidence 
 15.3   that the maltreatment occurred, and that the subject was 
 15.4   responsible for the maltreatment.  For the purposes of this 
 15.5   section, serious maltreatment means sexual abuse; maltreatment 
 15.6   resulting in death; or maltreatment resulting in serious injury 
 15.7   or harm which reasonably requires the care of a physician 
 15.8   whether or not the care of a physician was sought, including:; 
 15.9   or abuse resulting in serious injury.  For purposes of this 
 15.10  section, abuse resulting in serious injury means:  bruises, 
 15.11  bites, skin laceration or tissue damage; fractures; 
 15.12  dislocations; evidence of internal injuries; head injuries with 
 15.13  loss of consciousness; extensive second-degree or third-degree 
 15.14  burns and other burns for which complications are 
 15.15  present; extensive second-degree or third-degree frostbite, and 
 15.16  others for which complications are present; irreversible 
 15.17  mobility or avulsion of teeth; injuries to the eyeball; 
 15.18  ingestion of foreign substances and objects that are harmful; 
 15.19  near drowning; and heat exhaustion or sunstroke.  For purposes 
 15.20  of this section, "care of a physician" is treatment received or 
 15.21  ordered by a physician, but does not include diagnostic testing, 
 15.22  assessment, or observation.  For the purposes of this section, 
 15.23  recurring maltreatment means more than one incident of 
 15.24  maltreatment for which there is a preponderance of evidence that 
 15.25  the maltreatment occurred, and that the subject was responsible 
 15.26  for the maltreatment. 
 15.27     Sec. 8.  Minnesota Statutes 1996, section 256.01, 
 15.28  subdivision 12, is amended to read: 
 15.29     Subd. 12.  [CHILD MORTALITY REVIEW PANEL.] (a) The 
 15.30  commissioner shall establish a child mortality review panel for 
 15.31  reviewing to review deaths of children in Minnesota, including 
 15.32  deaths attributed to maltreatment or in which maltreatment may 
 15.33  be a contributing cause and to review near fatalities as defined 
 15.34  in section 626.556, subdivision 11d.  The commissioners of 
 15.35  health, children, families, and learning, and public safety and 
 15.36  the attorney general shall each designate a representative to 
 16.1   the child mortality review panel.  Other panel members shall be 
 16.2   appointed by the commissioner, including a board-certified 
 16.3   pathologist and a physician who is a coroner or a medical 
 16.4   examiner.  The purpose of the panel shall be to make 
 16.5   recommendations to the state and to county agencies for 
 16.6   improving the child protection system, including modifications 
 16.7   in statute, rule, policy, and procedure. 
 16.8      (b) The commissioner may require a county agency to 
 16.9   establish a local child mortality review panel.  The 
 16.10  commissioner may establish procedures for conducting local 
 16.11  reviews and may require that all professionals with knowledge of 
 16.12  a child mortality case participate in the local review.  In this 
 16.13  section, "professional" means a person licensed to perform or a 
 16.14  person performing a specific service in the child protective 
 16.15  service system.  "Professional" includes law enforcement 
 16.16  personnel, social service agency attorneys, educators, and 
 16.17  social service, health care, and mental health care providers. 
 16.18     (c) If the commissioner of human services has reason to 
 16.19  believe that a child's death was caused by maltreatment or that 
 16.20  maltreatment was a contributing cause, the commissioner has 
 16.21  access to not public data under chapter 13 maintained by state 
 16.22  agencies, statewide systems, or political subdivisions that are 
 16.23  related to the child's death or circumstances surrounding the 
 16.24  care of the child.  The commissioner shall also have access to 
 16.25  records of private hospitals as necessary to carry out the 
 16.26  duties prescribed by this section.  Access to data under this 
 16.27  paragraph is limited to police investigative data; autopsy 
 16.28  records and coroner or medical examiner investigative data; 
 16.29  hospital, public health, or other medical records of the child; 
 16.30  hospital and other medical records of the child's parent that 
 16.31  relate to prenatal care; and records created by social service 
 16.32  agencies that provided services to the child or family within 
 16.33  three years preceding the child's death.  A state agency, 
 16.34  statewide system, or political subdivision shall provide the 
 16.35  data upon request of the commissioner.  Not public data may be 
 16.36  shared with members of the state or local child mortality review 
 17.1   panel in connection with an individual case. 
 17.2      (d) Notwithstanding the data's classification in the 
 17.3   possession of any other agency, data acquired by a local or 
 17.4   state child mortality review panel in the exercise of its duties 
 17.5   is protected nonpublic or confidential data as defined in 
 17.6   section 13.02, but may be disclosed as necessary to carry out 
 17.7   the purposes of the review panel.  The data is not subject to 
 17.8   subpoena or discovery.  The commissioner may disclose 
 17.9   conclusions of the review panel, but shall not disclose data 
 17.10  that was classified as confidential or private data on 
 17.11  decedents, under section 13.10, or private, confidential, or 
 17.12  protected nonpublic data in the disseminating agency, except 
 17.13  that the commissioner may disclose local social service agency 
 17.14  data as provided in section 626.556, subdivision 11d, on 
 17.15  individual cases involving a fatality or near fatality of a 
 17.16  person served by the local social service agency prior to the 
 17.17  date of death. 
 17.18     (e) A person attending a child mortality review panel 
 17.19  meeting shall not disclose what transpired at the meeting, 
 17.20  except to carry out the purposes of the mortality review panel.  
 17.21  The proceedings and records of the mortality review panel are 
 17.22  protected nonpublic data as defined in section 13.02, 
 17.23  subdivision 13, and are not subject to discovery or introduction 
 17.24  into evidence in a civil or criminal action against a 
 17.25  professional, the state or a county agency, arising out of the 
 17.26  matters the panel is reviewing.  Information, documents, and 
 17.27  records otherwise available from other sources are not immune 
 17.28  from discovery or use in a civil or criminal action solely 
 17.29  because they were presented during proceedings of the review 
 17.30  panel.  A person who presented information before the review 
 17.31  panel or who is a member of the panel shall not be prevented 
 17.32  from testifying about matters within the person's knowledge.  
 17.33  However, in a civil or criminal proceeding a person shall not be 
 17.34  questioned about the person's presentation of information to the 
 17.35  review panel or opinions formed by the person as a result of the 
 17.36  review meetings.  
 18.1      Sec. 9.  Minnesota Statutes 1996, section 256.01, is 
 18.2   amended by adding a subdivision to read: 
 18.3      Subd. 15.  [CITIZEN REVIEW PANELS.] (a) The commissioner 
 18.4   shall establish a minimum of three citizen review panels to 
 18.5   examine the policies and procedures of state and local welfare 
 18.6   agencies to evaluate the extent to which the agencies are 
 18.7   effectively discharging their child protection 
 18.8   responsibilities.  Local social service agencies shall cooperate 
 18.9   and work with the citizen review panels.  Where appropriate, the 
 18.10  panels may examine specific cases to evaluate the effectiveness 
 18.11  of child protection activities.  The panels must examine the 
 18.12  extent to which the state and local agencies are meeting the 
 18.13  requirements of the federal Child Abuse Prevention and Treatment 
 18.14  Act and the Reporting of Maltreatment of Minors Act.  The 
 18.15  commissioner may authorize mortality review panels or child 
 18.16  protection teams to carry out the duties of a citizen review 
 18.17  panel if membership meets or is expanded to meet the 
 18.18  requirements of this section. 
 18.19     (b) The panel membership must include volunteers who 
 18.20  broadly represent the community in which the panel is 
 18.21  established, including members who have expertise in the 
 18.22  prevention and treatment of child abuse and neglect, child 
 18.23  protection advocates, and representatives of the councils of 
 18.24  color and ombudsperson for families. 
 18.25     (c) A citizen review panel has access to the following data 
 18.26  for specific case review under this paragraph:  police 
 18.27  investigative data; autopsy records and coroner or medical 
 18.28  examiner investigative data; hospital, public health, or other 
 18.29  medical records of the child; hospital and other medical records 
 18.30  of the child's parent that relate to prenatal care; records 
 18.31  created by social service agencies that provided services to the 
 18.32  child or family; and personnel data related to an employee's 
 18.33  performance in discharging child protection responsibilities.  A 
 18.34  state agency, statewide system, or political subdivision shall 
 18.35  provide the data upon request of the commissioner.  Not public 
 18.36  data may be shared with members of the state or local citizen 
 19.1   review panel in connection with an individual case. 
 19.2      (d) Notwithstanding the data's classification in the 
 19.3   possession of any other agency, data acquired by a local or 
 19.4   state citizen review panel in the exercise of its duties are 
 19.5   protected nonpublic or confidential data as defined in section 
 19.6   13.02, but may be disclosed as necessary to carry out the 
 19.7   purposes of the review panel.  The data are not subject to 
 19.8   subpoena or discovery.  The commissioner may disclose 
 19.9   conclusions of the review panel, but may not disclose data on 
 19.10  individuals that were classified as confidential or private data 
 19.11  on individuals in the possession of the state agency, statewide 
 19.12  system, or political subdivision from which the data were 
 19.13  received, except that the commissioner may disclose local social 
 19.14  service agency data as provided in section 626.556, subdivision 
 19.15  11d, on individual cases involving a fatality or near fatality 
 19.16  of a person served by the local social service agency prior to 
 19.17  the date of death.  
 19.18     (e) A person attending a citizen review panel meeting may 
 19.19  not disclose what transpired at the meeting, except to carry out 
 19.20  the purposes of the review panel.  The proceedings and records 
 19.21  of the review panel are protected nonpublic data as defined in 
 19.22  section 13.02, subdivision 13, and are not subject to discovery 
 19.23  or introduction into evidence in a civil or criminal action 
 19.24  against a professional, the state, or county agency arising out 
 19.25  of the matters the panel is reviewing.  Information, documents, 
 19.26  and records otherwise available from other sources are not 
 19.27  immune from discovery or use in a civil or criminal action 
 19.28  solely because they were presented during proceedings of the 
 19.29  review panel.  A person who presented information before the 
 19.30  review panel or who is a member of the panel is not prevented 
 19.31  from testifying about matters within the person's knowledge.  
 19.32  However, in a civil or criminal proceeding, a person must not be 
 19.33  questioned about the person's presentation of information to the 
 19.34  review panel or opinions formed by the person as a result of the 
 19.35  review panel meetings. 
 19.36     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 20.1   256.82, subdivision 2, is amended to read: 
 20.2      Subd. 2.  [FOSTER CARE MAINTENANCE PAYMENTS.] 
 20.3   Notwithstanding subdivision 1, for the purposes of foster care 
 20.4   maintenance payments under title IV-E of the federal Social 
 20.5   Security Act, United States Code, title 42, sections 670 to 676, 
 20.6   during the period beginning July 1, 1985, and ending December 
 20.7   31, 1985, the county paying the maintenance costs shall be 
 20.8   reimbursed for the costs from those federal funds available for 
 20.9   that purpose together with an amount of state funds equal to a 
 20.10  percentage of the difference between the total cost and the 
 20.11  federal funds made available for payment.  This percentage shall 
 20.12  not exceed the percentage specified in subdivision 1 for the aid 
 20.13  to families with dependent children program.  In the event that 
 20.14  the state appropriation for this purpose is less than the state 
 20.15  percentage set in subdivision 1, the reimbursement shall be 
 20.16  ratably reduced to the county.  Beginning January 1, 1986, for 
 20.17  the purpose of foster care maintenance payments under title IV-E 
 20.18  of the Social Security Act, United States Code, title 42, 
 20.19  sections 670 to 676, the county paying the maintenance costs 
 20.20  must be reimbursed for the costs from the federal money 
 20.21  available for the purpose.  Beginning July 1, 1997, for the 
 20.22  purposes of determining a child's eligibility under title IV-E 
 20.23  of the Social Security Act, the placing agency shall use AFDC 
 20.24  requirements in effect on June 1, 1995 July 16, 1996. 
 20.25     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
 20.26  257.071, subdivision 1d, is amended to read: 
 20.27     Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
 20.28  after a child is initially placed in a residential facility, the 
 20.29  local social service agency shall identify any relatives of the 
 20.30  child and notify them of the need for a foster care home for the 
 20.31  child and of the possibility of the need for a permanent 
 20.32  out-of-home placement of the child, and.  Relatives should also 
 20.33  be notified that a decision not to be a placement resource at 
 20.34  the beginning of the case may affect the relative's right being 
 20.35  considered to have the child placed with that relative later.  
 20.36  The relatives must be notified that they must keep the local 
 21.1   social service agency informed of their current address in order 
 21.2   to receive notice of any that a permanent placement hearing is 
 21.3   being sought for the child.  A relative who fails to provide a 
 21.4   current address to the local social service agency forfeits the 
 21.5   right to notice of the possibility of permanent placement. 
 21.6      (b) Unless relieved of this duty by the court because the 
 21.7   child is placed with an appropriate relative who wishes to 
 21.8   provide a permanent home for the child, when the agency 
 21.9   determines that it is necessary to prepare for the permanent 
 21.10  placement determination hearing, or in anticipation of filing a 
 21.11  termination of parental rights petition, the agency shall send 
 21.12  notice to the relatives, any adult with whom the child is 
 21.13  currently residing, any adult with whom the child has resided 
 21.14  for one year or longer in the past, and any adults who have 
 21.15  maintained a relationship or exercised visitation with the child 
 21.16  as identified in the agency case plan.  The notice must state 
 21.17  that a permanent home is sought for the child and that the 
 21.18  individuals receiving the notice may indicate to the agency 
 21.19  their interest in providing a permanent home.  The notice must 
 21.20  contain an advisory that if the relative chooses not to be a 
 21.21  placement resource at the beginning of the case, this may affect 
 21.22  the relative's rights to have the child placed with that 
 21.23  relative permanently later on.  The notice must state that 
 21.24  within 30 days of receipt of the notice an individual receiving 
 21.25  the notice must indicate to the agency the individual's interest 
 21.26  in providing a permanent home for the child or that the 
 21.27  individual may lose the opportunity to be considered for a 
 21.28  permanent placement.  This notice need not be sent if the child 
 21.29  is placed with an appropriate relative who wishes to provide a 
 21.30  permanent home for the child. 
 21.31     Sec. 12.  Minnesota Statutes 1996, section 257.42, is 
 21.32  amended to read: 
 21.33     257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 
 21.34     The "appropriate public authorities" as used in article 3 
 21.35  of the interstate compact on the placement of children shall, 
 21.36  with reference to this state, mean the Minnesota department 
 22.1   commissioner of human services and said department.  The 
 22.2   commissioner of human services or the commissioner's delegate 
 22.3   shall receive and act with reference to notices required by said 
 22.4   article 3.  
 22.5      Sec. 13.  Minnesota Statutes 1996, section 257.43, is 
 22.6   amended to read: 
 22.7      257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.] 
 22.8      As used in paragraph (a) of article 5 of the interstate 
 22.9   compact on the placement of children, the phrase "appropriate 
 22.10  authority in the receiving state" with reference to this state 
 22.11  shall mean the commissioner of human services or the 
 22.12  commissioner's delegate.  
 22.13     Sec. 14.  Minnesota Statutes 1997 Supplement, section 
 22.14  257.85, subdivision 5, is amended to read: 
 22.15     Subd. 5.  [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A 
 22.16  relative custody assistance agreement will not be effective, 
 22.17  unless it is signed by the local agency and the relative 
 22.18  custodian no later than 30 days after the date of the order 
 22.19  establishing permanent legal and physical custody with the 
 22.20  relative, except that a local agency may enter into a relative 
 22.21  custody assistance agreement with a relative custodian more than 
 22.22  30 days after the date of the order if it certifies that the 
 22.23  delay in entering the agreement was through no fault of the 
 22.24  relative custodian.  There must be a separate agreement for each 
 22.25  child for whom the relative custodian is receiving relative 
 22.26  custody assistance. 
 22.27     (b) Regardless of when the relative custody assistance 
 22.28  agreement is signed by the local agency and relative custodian, 
 22.29  the effective date of the agreement shall be the first day of 
 22.30  the month following the date of the order establishing permanent 
 22.31  legal and physical custody or the date that the last party signs 
 22.32  the agreement, whichever occurs later. 
 22.33     (c) If MFIP-S is not the applicable program for a child at 
 22.34  the time that a relative custody assistance agreement is entered 
 22.35  on behalf of the child, when MFIP-S becomes the applicable 
 22.36  program, if the relative custodian had been receiving custody 
 23.1   assistance payments calculated based upon a different program, 
 23.2   the amount of relative custody assistance payment under 
 23.3   subdivision 7 shall be recalculated under the MFIP-S program. 
 23.4      (d) The relative custody assistance agreement shall be in a 
 23.5   form specified by the commissioner and shall include provisions 
 23.6   relating to the following: 
 23.7      (1) the responsibilities of all parties to the agreement; 
 23.8      (2) the payment terms, including the financial 
 23.9   circumstances of the relative custodian, the needs of the child, 
 23.10  the amount and calculation of the relative custody assistance 
 23.11  payments, and that the amount of the payments shall be 
 23.12  reevaluated annually; 
 23.13     (3) the effective date of the agreement, which shall also 
 23.14  be the anniversary date for the purpose of submitting the annual 
 23.15  affidavit under subdivision 8; 
 23.16     (4) that failure to submit the affidavit as required by 
 23.17  subdivision 8 will be grounds for terminating the agreement; 
 23.18     (5) the agreement's expected duration, which shall not 
 23.19  extend beyond the child's eighteenth birthday; 
 23.20     (6) any specific known circumstances that could cause the 
 23.21  agreement or payments to be modified, reduced, or terminated and 
 23.22  the relative custodian's appeal rights under subdivision 9; 
 23.23     (7) that the relative custodian must notify the local 
 23.24  agency within 30 days of any of the following: 
 23.25     (i) a change in the child's status; 
 23.26     (ii) a change in the relationship between the relative 
 23.27  custodian and the child; 
 23.28     (iii) a change in composition or level of income of the 
 23.29  relative custodian's family; 
 23.30     (iv) a change in eligibility or receipt of benefits under 
 23.31  AFDC, MFIP-S, or other assistance program; and 
 23.32     (v) any other change that could affect eligibility for or 
 23.33  amount of relative custody assistance; 
 23.34     (8) that failure to provide notice of a change as required 
 23.35  by clause (7) will be grounds for terminating the agreement; 
 23.36     (9) that the amount of relative custody assistance is 
 24.1   subject to the availability of state funds to reimburse the 
 24.2   local agency making the payments; 
 24.3      (10) that the relative custodian may choose to temporarily 
 24.4   stop receiving payments under the agreement at any time by 
 24.5   providing 30 days' notice to the local agency and may choose to 
 24.6   begin receiving payments again by providing the same notice but 
 24.7   any payments the relative custodian chooses not to receive are 
 24.8   forfeit; and 
 24.9      (11) that the local agency will continue to be responsible 
 24.10  for making relative custody assistance payments under the 
 24.11  agreement regardless of the relative custodian's place of 
 24.12  residence. 
 24.13     Sec. 15.  Minnesota Statutes 1997 Supplement, section 
 24.14  259.22, subdivision 4, is amended to read: 
 24.15     Subd. 4.  [TIME FOR FILING PETITION.] A petition shall be 
 24.16  filed not later than 24 12 months after a child is placed in a 
 24.17  prospective adoptive home.  If a petition is not filed by that 
 24.18  time, the agency that placed the child, or, in a direct adoptive 
 24.19  placement, the agency that is supervising the placement shall 
 24.20  file with the district court in the county where the prospective 
 24.21  adoptive parent resides a motion for an order and a report 
 24.22  recommending one of the following: 
 24.23     (1) that the time for filing a petition be extended because 
 24.24  of the child's special needs as defined under title IV-E of the 
 24.25  Social Security Act, United States Code, title 42, section 673; 
 24.26     (2) that, based on a written plan for completing filing of 
 24.27  the petition, including a specific timeline, to which the 
 24.28  prospective adoptive parents have agreed, the time for filing a 
 24.29  petition be extended long enough to complete the plan because 
 24.30  such an extension is in the best interests of the child and 
 24.31  additional time is needed for the child to adjust to the 
 24.32  adoptive home; or 
 24.33     (3) that the child be removed from the prospective adoptive 
 24.34  home. 
 24.35     The prospective adoptive parent must reimburse an agency 
 24.36  for the cost of preparing and filing the motion and report under 
 25.1   this section, unless the costs are reimbursed by the 
 25.2   commissioner under section 259.67 or 259.73. 
 25.3      Sec. 16.  Minnesota Statutes 1996, section 259.24, 
 25.4   subdivision 1, is amended to read: 
 25.5      Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
 25.6   without the consent of the child's parents and the child's 
 25.7   guardian, if there be one, except in the following instances: 
 25.8      (a) Consent shall not be required of a parent not entitled 
 25.9   to notice of the proceedings.  
 25.10     (b) Consent shall not be required of a parent who has 
 25.11  abandoned the child, or of a parent who has lost custody of the 
 25.12  child through a divorce decree or a decree of dissolution, and 
 25.13  upon whom notice has been served as required by section 259.49. 
 25.14     (c) Consent shall not be required of a parent whose 
 25.15  parental rights to the child have been terminated by a juvenile 
 25.16  court or who has lost custody of a child through a final 
 25.17  commitment of the juvenile court or through a decree in a prior 
 25.18  adoption proceeding. 
 25.19     (d) If there be no parent or guardian qualified to consent 
 25.20  to the adoption, the consent may be given by the commissioner. 
 25.21     (e) The commissioner or agency having authority to place a 
 25.22  child for adoption pursuant to section 259.25, subdivision 1, 
 25.23  shall have the exclusive right to consent to the adoption of 
 25.24  such child.  Notwithstanding any rule to the contrary, the 
 25.25  commissioner may delegate the right to consent to the adoption 
 25.26  or separation of siblings, if it is in the child's best 
 25.27  interest, to a local social services agency.  
 25.28     Sec. 17.  Minnesota Statutes 1996, section 259.37, 
 25.29  subdivision 2, is amended to read: 
 25.30     Subd. 2.  [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE 
 25.31  PARENTS.] An agency shall provide a disclosure statement written 
 25.32  in clear, plain language to be signed by the prospective 
 25.33  adoptive parents and birth parents, except that in intercountry 
 25.34  adoptions, the signatures of birth parents are not required.  
 25.35  The disclosure statement must contain the following information: 
 25.36     (1) fees charged to the adoptive parent, including any 
 26.1   policy on sliding scale fees or fee waivers and an itemization 
 26.2   of the amount that will be charged for the adoption study, 
 26.3   counseling, postplacement services, family of origin searches, 
 26.4   birth parent expenses authorized under section 259.55, or any 
 26.5   other services; 
 26.6      (2) timeline for the adoptive parent to make fee payments; 
 26.7      (3) likelihood, given the circumstances of the prospective 
 26.8   adoptive parent and any specific program to which the 
 26.9   prospective adoptive parent is applying, that an adoptive 
 26.10  placement may be made and the estimated length of time for 
 26.11  making an adoptive placement.  These estimates must be based on 
 26.12  adoptive placements made with prospective parents in similar 
 26.13  circumstances applying to a similar program with the agency 
 26.14  during the immediately preceding three to five years.  If an 
 26.15  agency has not been in operation for at least three years, it 
 26.16  must provide summary data based on whatever adoptive placements 
 26.17  it has made and may include a statement about the kind of 
 26.18  efforts it will make to achieve an adoptive placement, including 
 26.19  a timetable it will follow in seeking a child.  The estimates 
 26.20  must include a statement that the agency cannot guarantee 
 26.21  placement of a child or a time by which a child will be placed; 
 26.22     (4) a statement of the services the agency will provide the 
 26.23  birth and adoptive parents; 
 26.24     (5) a statement prepared by the commissioner under section 
 26.25  259.39 that explains the child placement and adoption process 
 26.26  and the respective legal rights and responsibilities of the 
 26.27  birth parent and prospective adoptive parent during the process 
 26.28  including a statement that the prospective adoptive parent is 
 26.29  responsible for filing an adoption petition not later than 24 12 
 26.30  months after the child is placed in the prospective adoptive 
 26.31  home; 
 26.32     (6) a statement regarding any information the agency may 
 26.33  have about attorney referral services, or about obtaining 
 26.34  assistance with completing legal requirements for an adoption; 
 26.35  and 
 26.36     (7) an acknowledgment to be signed by the birth parent and 
 27.1   prospective adoptive parent that they have received, read, and 
 27.2   had the opportunity to ask questions of the agency about the 
 27.3   contents of the disclosure statement. 
 27.4      Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 27.5   259.47, subdivision 3, is amended to read: 
 27.6      Subd. 3.  [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 
 27.7   is placed in a prospective adoptive home by a birth parent or 
 27.8   legal guardian, other than an agency, the placement must be 
 27.9   approved by the district court in the county where the 
 27.10  prospective adoptive parent resides.  An order under this 
 27.11  subdivision or subdivision 6 shall state that the prospective 
 27.12  adoptive parent's right to custody of the child is subject to 
 27.13  the birth parent's right to custody until the consents to the 
 27.14  child's adoption become irrevocable.  At the time of placement, 
 27.15  prospective adoptive parents must have for the child qualifying 
 27.16  existing coverage as defined in section 62L.02, subdivision 24, 
 27.17  or other similar comprehensive health care coverage.  The 
 27.18  preadoptive custody order must include any agreement reached 
 27.19  between the prospective adoptive parent and the birth parent 
 27.20  regarding authority to make decisions for medical care of the 
 27.21  child and responsibility for payment not provided by the 
 27.22  adoptive parent's existing health care coverage.  The 
 27.23  prospective adoptive parent must meet the residence requirements 
 27.24  of section 259.22, subdivision 1, and must file with the court 
 27.25  an affidavit of intent to remain a resident of the state for at 
 27.26  least three months after the child is placed in the prospective 
 27.27  adoptive home.  The prospective adoptive parent shall file with 
 27.28  the court a notice of intent to file an adoption petition and 
 27.29  submit a written motion seeking an order granting temporary 
 27.30  preadoptive custody.  The notice and motion required under this 
 27.31  subdivision may be considered by the court ex parte, without a 
 27.32  hearing.  The prospective adoptive parent shall serve a copy of 
 27.33  the notice and motion upon any parent whose consent is required 
 27.34  under section 259.24 or who is named in the affidavit required 
 27.35  under paragraph (b) if that person's mailing address is known.  
 27.36  The motion may be filed up to 60 days before the placement is to 
 28.1   be made and must include:  
 28.2      (1) the adoption study required under section 259.41; 
 28.3      (2) affidavits from the birth parents indicating their 
 28.4   support of the motion, or, if there is no affidavit from the 
 28.5   birth father, an affidavit from the birth mother under paragraph 
 28.6   (b); 
 28.7      (3) an itemized statement of expenses that have been paid 
 28.8   and an estimate of expenses that will be paid by the prospective 
 28.9   adoptive parents to the birth parents, any agency, attorney, or 
 28.10  other party in connection with the prospective adoption; 
 28.11     (4) the name of counsel for each party, if any; 
 28.12     (5) a statement that the birth parents: 
 28.13     (i) have provided the social and medical history required 
 28.14  under section 259.43 to the prospective adoptive parent; 
 28.15     (ii) have received the written statement of their legal 
 28.16  rights and responsibilities under section 259.39; and 
 28.17     (iii) have been notified of their right to receive 
 28.18  counseling under subdivision 4; and 
 28.19     (6) the name of the agency chosen by the adoptive parent to 
 28.20  supervise the adoptive placement and complete the postplacement 
 28.21  assessment required by section 259.53, subdivision 2. 
 28.22     The court shall review the expense statement submitted 
 28.23  under this subdivision to determine whether payments made or to 
 28.24  be made by the prospective adoptive parent are lawful and in 
 28.25  accordance with section 259.55, subdivision 1. 
 28.26     (b) If the birth mother submits the affidavit required in 
 28.27  paragraph (a), clause (2), but the birth father fails to do so, 
 28.28  the birth mother must submit an additional affidavit that 
 28.29  describes her good faith efforts or efforts made on her behalf 
 28.30  to identify and locate the birth father for purposes of securing 
 28.31  his consent.  In the following circumstances the birth mother 
 28.32  may instead submit an affidavit stating on which ground she is 
 28.33  exempt from making efforts to identify and locate the father: 
 28.34     (1) the child was conceived as the result of incest or 
 28.35  rape; 
 28.36     (2) efforts to locate the father by the affiant or anyone 
 29.1   acting on the affiant's behalf could reasonably result in 
 29.2   physical harm to the birth mother or child; or 
 29.3      (3) efforts to locate the father by the affiant or anyone 
 29.4   acting on the affiant's behalf could reasonably result in severe 
 29.5   emotional distress of the birth mother or child. 
 29.6      A court shall consider the motion for temporary preadoptive 
 29.7   custody within 30 days of receiving the motion or by the 
 29.8   anticipated placement date stated in the motion, whichever comes 
 29.9   sooner. 
 29.10     Sec. 19.  Minnesota Statutes 1997 Supplement, section 
 29.11  259.58, is amended to read: 
 29.12     259.58 [COMMUNICATION OR CONTACT AGREEMENTS.] 
 29.13     Adoptive parents and a birth relative may enter an 
 29.14  agreement regarding communication with or contact between an 
 29.15  adopted minor, adoptive parents, and a birth relative under this 
 29.16  section.  An agreement may be entered between: 
 29.17     (1) adoptive parents and a birth parent; 
 29.18     (2) adoptive parents and a any other birth relative with 
 29.19  whom the child resided before being adopted; or 
 29.20     (2) (3) adoptive parents and any other birth relative if 
 29.21  the child is adopted by a birth relative upon the death of both 
 29.22  birth parents. 
 29.23     For purposes of this section, "birth relative" means a 
 29.24  parent, stepparent, grandparent, brother, sister, uncle, or aunt 
 29.25  of a minor adoptee.  This relationship may be by blood or 
 29.26  marriage.  For an Indian child, birth relative includes members 
 29.27  of the extended family as defined by the law or custom of the 
 29.28  Indian child's tribe or, in the absence of laws or custom, 
 29.29  nieces, nephews, or first or second cousins, as provided in the 
 29.30  Indian Child Welfare Act, United States Code, title 25, section 
 29.31  1903.  
 29.32     (a) An agreement regarding communication with or contact 
 29.33  between minor adoptees, adoptive parents, and a birth relative 
 29.34  is not legally enforceable unless the terms of the agreement are 
 29.35  contained in a written court order entered in accordance with 
 29.36  this section.  An order must be sought at the same time a 
 30.1   petition for adoption is filed.  The court shall not enter a 
 30.2   proposed order unless the terms of the order have been approved 
 30.3   in writing by the prospective adoptive parents, a birth relative 
 30.4   who desires to be a party to the agreement, and, if the child is 
 30.5   in the custody of or under the guardianship of an agency, a 
 30.6   representative of the agency.  An agreement under this section 
 30.7   need not disclose the identity of the parties to be legally 
 30.8   enforceable.  The court shall not enter a proposed order unless 
 30.9   the court finds that the communication or contact between the 
 30.10  minor adoptee, the adoptive parents, and a birth relative as 
 30.11  agreed upon and contained in the proposed order would be in the 
 30.12  minor adoptee's best interests. 
 30.13     (b) Failure to comply with the terms of an agreed order 
 30.14  regarding communication or contact that has been entered by the 
 30.15  court under this section is not grounds for: 
 30.16     (1) setting aside an adoption decree; or 
 30.17     (2) revocation of a written consent to an adoption after 
 30.18  that consent has become irrevocable. 
 30.19     (c) An agreed order entered under this section may be 
 30.20  enforced by filing a petition or motion with the family court 
 30.21  that includes a certified copy of the order granting the 
 30.22  communication, contact, or visitation, but only if the petition 
 30.23  or motion is accompanied by an affidavit that the parties have 
 30.24  mediated or attempted to mediate any dispute under the agreement 
 30.25  or that the parties agree to a proposed modification.  The 
 30.26  prevailing party may be awarded reasonable attorney's fees and 
 30.27  costs.  The court shall not modify an agreed order under this 
 30.28  section unless it finds that the modification is necessary to 
 30.29  serve the best interests of the minor adoptee, and: 
 30.30     (1) the modification is agreed to by the adoptive parent 
 30.31  and the birth relative; or 
 30.32     (2) exceptional circumstances have arisen since the agreed 
 30.33  order was entered that justify modification of the order. 
 30.34     Sec. 20.  Minnesota Statutes 1997 Supplement, section 
 30.35  259.60, subdivision 2, is amended to read: 
 30.36     Subd. 2.  [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER; 
 31.1   DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in 
 31.2   paragraph (b), a person, whose adoption of a child under the 
 31.3   laws of a foreign country is valid in this state under 
 31.4   subdivision 1, may petition the district court in the county 
 31.5   where the adoptive parent resides for a decree confirming and 
 31.6   recognizing the adoption, changing the child's legal name, if 
 31.7   requested in the petition, and for authorizing the commissioner 
 31.8   of health to issue a new birth certificate for the child under 
 31.9   section 144.218, subdivision 2. 
 31.10     (b) A court shall issue the decree and birth 
 31.11  certificate described in paragraph (a) upon receipt of the 
 31.12  following documents: 
 31.13     (1) a petition by the adoptive parent requesting that the 
 31.14  court issue a Minnesota birth certificate, and stating that the 
 31.15  adoptive parent completed adoption of the child under the laws 
 31.16  of a foreign country and that the adoption is valid in this 
 31.17  state under subdivision 1 and requesting that the court issue a 
 31.18  decree confirming and recognizing the adoption, changing the 
 31.19  child's legal name, if desired, and authorizing the commissioner 
 31.20  of health to issue a new birth certificate for the child under 
 31.21  section 144.218, subdivision 2.  The petition must be in the 
 31.22  form of a signed, sworn, and notarized statement; 
 31.23     (2) a copy of the child's original birth certificate, if 
 31.24  available; 
 31.25     (3) a copy of the final adoption certificate or equivalent 
 31.26  as issued by the foreign jurisdiction; 
 31.27     (4) a copy of the child's passport including the United 
 31.28  States visa indicating IR-3 immigration status; and 
 31.29     (5) certified English translations of any of the documents 
 31.30  in clauses (2) to (4) that are not written in the English 
 31.31  language. 
 31.32     (c) Upon issuing a decree under this section, the court 
 31.33  shall forward to the commissioners of health and human services 
 31.34  a copy of the decree.  The court shall also complete and forward 
 31.35  to the commissioner of health the certificate of adoption, 
 31.36  unless another form has been specified by the commissioner of 
 32.1   health. 
 32.2      Sec. 21.  Minnesota Statutes 1996, section 260.011, 
 32.3   subdivision 2, is amended to read: 
 32.4      Subd. 2.  (a) The paramount consideration in all 
 32.5   proceedings concerning a child alleged or found to be in need of 
 32.6   protection or services is the health, safety, and best interests 
 32.7   of the child.  In proceedings involving an American Indian 
 32.8   child, as defined in section 257.351, subdivision 6, the best 
 32.9   interests of the child must be determined consistent with 
 32.10  sections 257.35 to 257.3579 and the Indian Child Welfare Act, 
 32.11  United States Code, title 25, sections 1901 to 1923.  The 
 32.12  purpose of the laws relating to juvenile courts is to secure for 
 32.13  each child alleged or adjudicated in need of protection or 
 32.14  services and under the jurisdiction of the court, the care and 
 32.15  guidance, preferably in the child's own home, as will best serve 
 32.16  the spiritual, emotional, mental, and physical welfare of the 
 32.17  child; to provide judicial procedures which protect the welfare 
 32.18  of the child; to preserve and strengthen the child's family ties 
 32.19  whenever possible and in the child's best interests, removing 
 32.20  the child from the custody of parents only when the child's 
 32.21  welfare or safety cannot be adequately safeguarded without 
 32.22  removal; and, when removal from the child's own family is 
 32.23  necessary and in the child's best interests, to secure for the 
 32.24  child custody, care and discipline as nearly as possible 
 32.25  equivalent to that which should have been given by the parents.  
 32.26     (b) The purpose of the laws relating to termination of 
 32.27  parental rights is to ensure that: 
 32.28     (1) reasonable efforts have been made by the social service 
 32.29  agency to reunite the child with the child's parents in a 
 32.30  placement that is safe and permanent; and 
 32.31     (2) if placement with the parents is not reasonably 
 32.32  foreseeable, to secure for the child a safe and permanent 
 32.33  placement, preferably with adoptive parents. 
 32.34     Nothing in this section requires reasonable efforts to be 
 32.35  made in circumstances where the court has determined that the 
 32.36  child has been subjected to egregious harm or the parental 
 33.1   rights of the parent to a sibling have been involuntarily 
 33.2   terminated. 
 33.3      The paramount consideration in all proceedings for the 
 33.4   termination of parental rights is the best interests of the 
 33.5   child.  In proceedings involving an American Indian child, as 
 33.6   defined in section 257.351, subdivision 6, the best interests of 
 33.7   the child must be determined consistent with the Indian Child 
 33.8   Welfare Act of 1978, United States Code, title 25, section 1901, 
 33.9   et seq.  
 33.10     (c) The purpose of the laws relating to children alleged or 
 33.11  adjudicated to be delinquent is to promote the public safety and 
 33.12  reduce juvenile delinquency by maintaining the integrity of the 
 33.13  substantive law prohibiting certain behavior and by developing 
 33.14  individual responsibility for lawful behavior.  This purpose 
 33.15  should be pursued through means that are fair and just, that 
 33.16  recognize the unique characteristics and needs of children, and 
 33.17  that give children access to opportunities for personal and 
 33.18  social growth.  
 33.19     (d) The laws relating to juvenile courts shall be liberally 
 33.20  construed to carry out these purposes.  
 33.21     Sec. 22.  Minnesota Statutes 1997 Supplement, section 
 33.22  260.012, is amended to read: 
 33.23     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 33.24  REUNIFICATION; REASONABLE EFFORTS.] 
 33.25     (a) If a child in need of protection or services is under 
 33.26  the court's jurisdiction, the court shall ensure that reasonable 
 33.27  efforts including culturally appropriate services by the social 
 33.28  service agency are made to prevent placement or to eliminate the 
 33.29  need for removal and to reunite the child with the child's 
 33.30  family at the earliest possible time, consistent with the best 
 33.31  interests, safety, and protection of the child.  The court may, 
 33.32  upon motion and hearing, order the cessation of reasonable 
 33.33  efforts if the court finds that provision of services or further 
 33.34  services for the purpose of rehabilitation and reunification is 
 33.35  futile and therefore unreasonable under the circumstances.  In 
 33.36  determining reasonable efforts to be made with respect to a 
 34.1   child and in making those reasonable efforts, the child's health 
 34.2   and safety must be of paramount concern.  Reasonable efforts are 
 34.3   not required if the court determines that: 
 34.4      (1) a termination of parental rights petition has been 
 34.5   filed stating a prima facie case that the parent has subjected 
 34.6   the child to egregious harm as defined in section 260.015, 
 34.7   subdivision 29, or the parental rights of the parent to a 
 34.8   sibling have been terminated involuntarily; or 
 34.9      (2) a determination not to proceed with a termination of 
 34.10  parental rights petition on these grounds was made under section 
 34.11  260.221, subdivision 1b, paragraph (b), and a permanency hearing 
 34.12  is held within 30 days of the determination. 
 34.13  In the case of an Indian child, in proceedings under sections 
 34.14  260.172, 260.191, and 260.221 the juvenile court must make 
 34.15  findings and conclusions consistent with the Indian Child 
 34.16  Welfare Act of 1978, United States Code, title 25, section 1901 
 34.17  et seq., as to the provision of active efforts.  If a child is 
 34.18  under the court's delinquency jurisdiction, it shall be the duty 
 34.19  of the court to ensure that reasonable efforts are made to 
 34.20  reunite the child with the child's family at the earliest 
 34.21  possible time, consistent with the best interests of the child 
 34.22  and the safety of the public. 
 34.23     (b) "Reasonable efforts" means the exercise of due 
 34.24  diligence by the responsible social service agency to use 
 34.25  appropriate and available services to meet the needs of the 
 34.26  child and the child's family in order to prevent removal of the 
 34.27  child from the child's family; or upon removal, services to 
 34.28  eliminate the need for removal and reunite the family.  Services 
 34.29  may include those listed under section 256F.07, subdivision 3, 
 34.30  and other appropriate services available in the community.  The 
 34.31  social service agency has the burden of demonstrating that it 
 34.32  has made reasonable efforts or that provision of services or 
 34.33  further services for the purpose of rehabilitation and 
 34.34  reunification is futile and therefore unreasonable under the 
 34.35  circumstances.  Reunification of a surviving child with a parent 
 34.36  is not required if the parent has been convicted of: 
 35.1      (1) a violation of, or an attempt or conspiracy to commit a 
 35.2   violation of, sections 609.185 to 609.20; 609.222, subdivision 
 35.3   2; or 609.223 in regard to another child of the parent; 
 35.4      (2) a violation of section 609.222, subdivision 2; or 
 35.5   609.223, in regard to the surviving child; or 
 35.6      (3) a violation of, or an attempt or conspiracy to commit a 
 35.7   violation of, United States Code, title 18, section 1111(a) or 
 35.8   1112(a), in regard to another child of the parent. 
 35.9      (c) The juvenile court, in proceedings under sections 
 35.10  260.172, 260.191, and 260.221 shall make findings and 
 35.11  conclusions as to the provision of reasonable efforts.  When 
 35.12  determining whether reasonable efforts have been made, the court 
 35.13  shall consider whether services to the child and family were: 
 35.14     (1) relevant to the safety and protection of the child; 
 35.15     (2) adequate to meet the needs of the child and family; 
 35.16     (3) culturally appropriate; 
 35.17     (4) available and accessible; 
 35.18     (5) consistent and timely; and 
 35.19     (6) realistic under the circumstances. 
 35.20     In the alternative, the court may determine that provision 
 35.21  of services or further services for the purpose of 
 35.22  rehabilitation is futile and therefore unreasonable under the 
 35.23  circumstances or that reasonable efforts are not required as 
 35.24  provided in paragraph (a). 
 35.25     (d) This section does not prevent out-of-home placement for 
 35.26  treatment of a child with a mental disability when the child's 
 35.27  diagnostic assessment or individual treatment plan indicates 
 35.28  that appropriate and necessary treatment cannot be effectively 
 35.29  provided outside of a residential or inpatient treatment program.
 35.30     (e) If continuation of reasonable efforts described in 
 35.31  paragraph (b) is determined to be inconsistent with the 
 35.32  permanency plan for the child, reasonable efforts must be made 
 35.33  to place the child in a timely manner in accordance with the 
 35.34  permanency plan and to complete whatever steps are necessary to 
 35.35  finalize the permanency plan for the child.  
 35.36     (f) Reasonable efforts to place a child for adoption or in 
 36.1   another permanent placement may be made concurrently with 
 36.2   reasonable efforts as described in paragraphs (a) and (b).  
 36.3   Effective July 1, 1999, concurrent permanency planning must be 
 36.4   done along with reasonable efforts described in paragraphs (a) 
 36.5   and (b), as provided in article 3, section 1. 
 36.6      Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 36.7   260.015, subdivision 2a, is amended to read: 
 36.8      Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 36.9   "Child in need of protection or services" means a child who is 
 36.10  in need of protection or services because the child: 
 36.11     (1) is abandoned or without parent, guardian, or custodian; 
 36.12     (2)(i) has been a victim of physical or sexual abuse, (ii) 
 36.13  resides with or has resided with a victim of domestic child 
 36.14  abuse as defined in subdivision 24, (iii) resides with or would 
 36.15  reside with a perpetrator of domestic child abuse or child abuse 
 36.16  as defined in subdivision 28, or (iv) is a victim of emotional 
 36.17  maltreatment as defined in subdivision 5a; 
 36.18     (3) is without necessary food, clothing, shelter, 
 36.19  education, or other required care for the child's physical or 
 36.20  mental health or morals because the child's parent, guardian, or 
 36.21  custodian is unable or unwilling to provide that care; 
 36.22     (4) is without the special care made necessary by a 
 36.23  physical, mental, or emotional condition because the child's 
 36.24  parent, guardian, or custodian is unable or unwilling to provide 
 36.25  that care; 
 36.26     (5) is medically neglected, which includes, but is not 
 36.27  limited to, the withholding of medically indicated treatment 
 36.28  from a disabled infant with a life-threatening condition.  The 
 36.29  term "withholding of medically indicated treatment" means the 
 36.30  failure to respond to the infant's life-threatening conditions 
 36.31  by providing treatment, including appropriate nutrition, 
 36.32  hydration, and medication which, in the treating physician's or 
 36.33  physicians' reasonable medical judgment, will be most likely to 
 36.34  be effective in ameliorating or correcting all conditions, 
 36.35  except that the term does not include the failure to provide 
 36.36  treatment other than appropriate nutrition, hydration, or 
 37.1   medication to an infant when, in the treating physician's or 
 37.2   physicians' reasonable medical judgment: 
 37.3      (i) the infant is chronically and irreversibly comatose; 
 37.4      (ii) the provision of the treatment would merely prolong 
 37.5   dying, not be effective in ameliorating or correcting all of the 
 37.6   infant's life-threatening conditions, or otherwise be futile in 
 37.7   terms of the survival of the infant; or 
 37.8      (iii) the provision of the treatment would be virtually 
 37.9   futile in terms of the survival of the infant and the treatment 
 37.10  itself under the circumstances would be inhumane; 
 37.11     (6) is one whose parent, guardian, or other custodian for 
 37.12  good cause desires to be relieved of the child's care and 
 37.13  custody; 
 37.14     (7) has been placed for adoption or care in violation of 
 37.15  law; 
 37.16     (8) is without proper parental care because of the 
 37.17  emotional, mental, or physical disability, or state of 
 37.18  immaturity of the child's parent, guardian, or other custodian; 
 37.19     (9) is one whose behavior, condition, or environment is 
 37.20  such as to be injurious or dangerous to the child or others.  An 
 37.21  injurious or dangerous environment may include, but is not 
 37.22  limited to, the exposure of a child to criminal activity in the 
 37.23  child's home; 
 37.24     (10) has engaged in prostitution as defined in section 
 37.25  609.321, subdivision 9; 
 37.26     (10) (11) has committed a delinquent act before becoming 
 37.27  ten years old; 
 37.28     (11) (12) is a runaway; 
 37.29     (12) (13) is an habitual truant; 
 37.30     (13) (14) has been found incompetent to proceed or has been 
 37.31  found not guilty by reason of mental illness or mental 
 37.32  deficiency in connection with a delinquency proceeding, a 
 37.33  certification under section 260.125, an extended jurisdiction 
 37.34  juvenile prosecution, or a proceeding involving a juvenile petty 
 37.35  offense; 
 37.36     (14) (15) is one whose custodial parent's parental rights 
 38.1   to another child have been involuntarily terminated within the 
 38.2   past five years; or 
 38.3      (15) (16) has been found by the court to have committed 
 38.4   domestic abuse perpetrated by a minor under Laws 1997, chapter 
 38.5   239, article 10, sections 2 to 26, has been ordered excluded 
 38.6   from the child's parent's home by an order for protection/minor 
 38.7   respondent, and the parent or guardian is either unwilling or 
 38.8   unable to provide an alternative safe living arrangement for the 
 38.9   child. 
 38.10     Sec. 24.  Minnesota Statutes 1997 Supplement, section 
 38.11  260.015, subdivision 29, is amended to read: 
 38.12     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 38.13  infliction of bodily harm to a child or neglect of a child which 
 38.14  demonstrates a grossly inadequate ability to provide minimally 
 38.15  adequate parental care.  The egregious harm need not have 
 38.16  occurred in the state or in the county where a termination of 
 38.17  parental rights action is otherwise properly venued.  Egregious 
 38.18  harm includes, but is not limited to: 
 38.19     (1) conduct towards a child that constitutes a violation of 
 38.20  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 38.21  any other similar law of any other state; 
 38.22     (2) the infliction of "substantial bodily harm" to a child, 
 38.23  as defined in section 609.02, subdivision 8; 
 38.24     (3) conduct towards a child that constitutes felony 
 38.25  malicious punishment of a child under section 609.377; 
 38.26     (4) conduct towards a child that constitutes felony 
 38.27  unreasonable restraint of a child under section 609.255, 
 38.28  subdivision 3; 
 38.29     (5) conduct towards a child that constitutes felony neglect 
 38.30  or endangerment of a child under section 609.378; 
 38.31     (6) conduct towards a child that constitutes assault under 
 38.32  section 609.221, 609.222, or 609.223; 
 38.33     (7) conduct towards a child that constitutes solicitation, 
 38.34  inducement, or promotion of prostitution under section 609.322; 
 38.35     (8) conduct towards a child that constitutes receiving 
 38.36  profit derived from prostitution under section 609.323; or 
 39.1      (9) conduct toward a child that constitutes a violation of 
 39.2   murder or voluntary manslaughter as defined by United States 
 39.3   Code, title 18, section 1111(a) or 1112(a); or 
 39.4      (10) conduct toward a child that constitutes aiding or 
 39.5   abetting, attempting, conspiring, or soliciting to commit a 
 39.6   murder or voluntary manslaughter that constitutes a violation of 
 39.7   United States Code, title 18, section 1111(a) or 1112(a). 
 39.8      Sec. 25.  Minnesota Statutes 1996, section 260.141, is 
 39.9   amended by adding a subdivision to read: 
 39.10     Subd. 4.  [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 
 39.11  AND RELATIVES.] The foster parents, if any, of a child and any 
 39.12  preadoptive parent or relative providing care for the child must 
 39.13  be provided notice of and an opportunity to be heard in any 
 39.14  review or hearing to be held with respect to the child.  Any 
 39.15  other relative may also request, and must be granted, a notice 
 39.16  and the opportunity to be heard under this section.  This 
 39.17  subdivision does not require that a foster parent, preadoptive 
 39.18  parent, or relative providing care for the child be made a party 
 39.19  to a review or hearing solely on the basis of the notice and 
 39.20  opportunity to be heard.  
 39.21     Sec. 26.  Minnesota Statutes 1997 Supplement, section 
 39.22  260.161, subdivision 2, is amended to read: 
 39.23     Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
 39.24  otherwise provided in this section, and except for (a) Legal 
 39.25  records arising from proceedings or portions of proceedings that 
 39.26  are public under section 260.155, subdivision 1, are open to 
 39.27  public inspection. 
 39.28     (b) The following records from proceedings or portions of 
 39.29  proceedings involving a child in need of protection or services 
 39.30  that are open to the public as authorized by supreme court order 
 39.31  and court rules are accessible to the public unless the court 
 39.32  determines that access should be restricted because of the 
 39.33  intensely personal nature of the information: 
 39.34     (1) the summons and petition; 
 39.35     (2) affidavits of publication and service; 
 39.36     (3) certificates of representation; 
 40.1      (4) court orders; 
 40.2      (5) hearing and trial notices, witness lists, and 
 40.3   subpoenas; 
 40.4      (6) motions and legal memoranda; 
 40.5      (7) exhibits introduced at hearings or trial that are not 
 40.6   inaccessible under paragraph (c); 
 40.7      (8) birth certificates; and 
 40.8      (9) all other documents not listed as inaccessible to the 
 40.9   public under paragraph (c). 
 40.10     (c) The following records are not accessible to the public 
 40.11  under paragraph (b): 
 40.12     (1) written, audiotaped, or videotaped information from the 
 40.13  social service agency, except to the extent the information 
 40.14  appears in the petition, court orders, or other documents that 
 40.15  are accessible under paragraph (b); 
 40.16     (2) child protection intake or screening notes; 
 40.17     (3) documents identifying reporters of maltreatment, unless 
 40.18  the names and other identifying information are redacted; 
 40.19     (4) guardian ad litem reports; 
 40.20     (5) victim statements and addresses and telephone numbers; 
 40.21     (6) documents identifying nonparty witnesses under the age 
 40.22  of 18, unless the names and other identifying information are 
 40.23  redacted; 
 40.24     (7) transcripts of testimony taken during closed hearing; 
 40.25     (8) fingerprinting materials; 
 40.26     (9) psychological, psychiatric, and chemical dependency 
 40.27  evaluations; 
 40.28     (10) presentence evaluations of juveniles and probation 
 40.29  reports; 
 40.30     (11) medical records and test results; 
 40.31     (12) reports issued by sexual predator programs; 
 40.32     (13) diversion records of juveniles; and 
 40.33     (14) any document which the court, upon its own motion or 
 40.34  upon motion of a party, orders inaccessible to serve the best 
 40.35  interests of the child. 
 40.36     In addition, records that are accessible to the public 
 41.1   under paragraph (b) become inaccessible to the public if one 
 41.2   year has elapsed since either the proceeding was dismissed or 
 41.3   the court's jurisdiction over the matter was terminated. 
 41.4      (d) Except as otherwise provided by this section, none of 
 41.5   the records of the juvenile court and none of the records 
 41.6   relating to an appeal from a nonpublic juvenile court 
 41.7   proceeding, except the written appellate opinion, shall be open 
 41.8   to public inspection or their contents disclosed except (a) by 
 41.9   order of a court, (b) as required by sections 245A.04, 611A.03, 
 41.10  611A.04, 611A.06, and 629.73, or (c) the name of a juvenile who 
 41.11  is the subject of a delinquency petition shall be released to 
 41.12  the victim of the alleged delinquent act upon the victim's 
 41.13  request; unless it reasonably appears that the request is 
 41.14  prompted by a desire on the part of the requester to engage in 
 41.15  unlawful activities.  The records of juvenile probation officers 
 41.16  and county home schools are records of the court for the 
 41.17  purposes of this subdivision.  Court services data relating to 
 41.18  delinquent acts that are contained in records of the juvenile 
 41.19  court may be released as allowed under section 13.84, 
 41.20  subdivision 5a.  This subdivision applies to all proceedings 
 41.21  under this chapter, including appeals from orders of the 
 41.22  juvenile court, except that this subdivision does not apply to 
 41.23  proceedings under section 260.255, 260.261, or 260.315 when the 
 41.24  proceeding involves an adult defendant.  The court shall 
 41.25  maintain the confidentiality of adoption files and records in 
 41.26  accordance with the provisions of laws relating to adoptions.  
 41.27  In juvenile court proceedings any report or social history 
 41.28  furnished to the court shall be open to inspection by the 
 41.29  attorneys of record and the guardian ad litem a reasonable time 
 41.30  before it is used in connection with any proceeding before the 
 41.31  court. 
 41.32     (e) When a judge of a juvenile court, or duly authorized 
 41.33  agent of the court, determines under a proceeding under this 
 41.34  chapter that a child has violated a state or local law, 
 41.35  ordinance, or regulation pertaining to the operation of a motor 
 41.36  vehicle on streets and highways, except parking violations, the 
 42.1   judge or agent shall immediately report the violation to the 
 42.2   commissioner of public safety.  The report must be made on a 
 42.3   form provided by the department of public safety and must 
 42.4   contain the information required under section 169.95. 
 42.5      Sec. 27.  Minnesota Statutes 1996, section 260.172, 
 42.6   subdivision 1, is amended to read: 
 42.7      Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 42.8   a child was taken into custody under section 260.165, 
 42.9   subdivision 1, clause (a) or (c)(2), the court shall hold a 
 42.10  hearing within 72 hours of the time the child was taken into 
 42.11  custody, excluding Saturdays, Sundays, and holidays, to 
 42.12  determine whether the child should continue in custody.  
 42.13     (b) In all other cases, the court shall hold a detention 
 42.14  hearing: 
 42.15     (1) within 36 hours of the time the child was taken into 
 42.16  custody, excluding Saturdays, Sundays, and holidays, if the 
 42.17  child is being held at a juvenile secure detention facility or 
 42.18  shelter care facility; or 
 42.19     (2) within 24 hours of the time the child was taken into 
 42.20  custody, excluding Saturdays, Sundays, and holidays, if the 
 42.21  child is being held at an adult jail or municipal lockup.  
 42.22     (c) Unless there is reason to believe that the child would 
 42.23  endanger self or others, not return for a court hearing, run 
 42.24  away from the child's parent, guardian, or custodian or 
 42.25  otherwise not remain in the care or control of the person to 
 42.26  whose lawful custody the child is released, or that the child's 
 42.27  health or welfare would be immediately endangered, the child 
 42.28  shall be released to the custody of a parent, guardian, 
 42.29  custodian, or other suitable person, subject to reasonable 
 42.30  conditions of release including, but not limited to, a 
 42.31  requirement that the child undergo a chemical use assessment as 
 42.32  provided in section 260.151, subdivision 1.  In determining 
 42.33  whether the child's health or welfare would be immediately 
 42.34  endangered, the court shall consider whether the child would 
 42.35  reside with a perpetrator of domestic child abuse. In a 
 42.36  proceeding regarding a child in need of protection or services, 
 43.1   the court, before determining whether a child should continue in 
 43.2   custody, shall also make a determination, consistent with 
 43.3   section 260.012 as to whether reasonable efforts, or in the case 
 43.4   of an Indian child, active efforts, according to the Indian 
 43.5   Child Welfare Act of 1978, United States Code, title 25, section 
 43.6   1912(d), were made to prevent placement or to reunite the child 
 43.7   with the child's family, or that reasonable efforts were not 
 43.8   possible.  The court shall also determine whether there are 
 43.9   available services that would prevent the need for further 
 43.10  detention. 
 43.11     If the court finds the social services agency's preventive 
 43.12  or reunification efforts have not been reasonable but further 
 43.13  preventive or reunification efforts could not permit the child 
 43.14  to safely remain at home, the court may nevertheless authorize 
 43.15  or continue the removal of the child. 
 43.16     The court may determine at the detention hearing, or at any 
 43.17  time prior to an adjudicatory hearing, that reasonable efforts 
 43.18  are not required because the facts, if proved, will demonstrate 
 43.19  that the parent has subjected the child to egregious harm as 
 43.20  defined in section 260.015, subdivision 29, or the parental 
 43.21  rights of the parent to a sibling of the child have been 
 43.22  terminated involuntarily.  
 43.23     Sec. 28.  Minnesota Statutes 1997 Supplement, section 
 43.24  260.191, subdivision 1, is amended to read: 
 43.25     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 43.26  the child is in need of protection or services or neglected and 
 43.27  in foster care, it shall enter an order making any of the 
 43.28  following dispositions of the case: 
 43.29     (1) place the child under the protective supervision of the 
 43.30  local social services agency or child-placing agency in the 
 43.31  child's own home under conditions prescribed by the court 
 43.32  directed to the correction of the child's need for protection or 
 43.33  services; 
 43.34     (2) transfer legal custody to one of the following: 
 43.35     (i) a child-placing agency; or 
 43.36     (ii) the local social services agency. 
 44.1      In placing a child whose custody has been transferred under 
 44.2   this paragraph, the agencies shall follow the order of 
 44.3   preference stated in section 260.181, subdivision 3; 
 44.4      (3) if the child is in need of special treatment and care 
 44.5   for reasons of physical or mental health, the court may order 
 44.6   the child's parent, guardian, or custodian to provide it.  If 
 44.7   the parent, guardian, or custodian fails or is unable to provide 
 44.8   this treatment or care, the court may order it provided.  The 
 44.9   court shall not transfer legal custody of the child for the 
 44.10  purpose of obtaining special treatment or care solely because 
 44.11  the parent is unable to provide the treatment or care.  If the 
 44.12  court's order for mental health treatment is based on a 
 44.13  diagnosis made by a treatment professional, the court may order 
 44.14  that the diagnosing professional not provide the treatment to 
 44.15  the child if it finds that such an order is in the child's best 
 44.16  interests; or 
 44.17     (4) if the court believes that the child has sufficient 
 44.18  maturity and judgment and that it is in the best interests of 
 44.19  the child, the court may order a child 16 years old or older to 
 44.20  be allowed to live independently, either alone or with others as 
 44.21  approved by the court under supervision the court considers 
 44.22  appropriate, if the county board, after consultation with the 
 44.23  court, has specifically authorized this dispositional 
 44.24  alternative for a child. 
 44.25     (b) If the child was adjudicated in need of protection or 
 44.26  services because the child is a runaway or habitual truant, the 
 44.27  court may order any of the following dispositions in addition to 
 44.28  or as alternatives to the dispositions authorized under 
 44.29  paragraph (a): 
 44.30     (1) counsel the child or the child's parents, guardian, or 
 44.31  custodian; 
 44.32     (2) place the child under the supervision of a probation 
 44.33  officer or other suitable person in the child's own home under 
 44.34  conditions prescribed by the court, including reasonable rules 
 44.35  for the child's conduct and the conduct of the parents, 
 44.36  guardian, or custodian, designed for the physical, mental, and 
 45.1   moral well-being and behavior of the child; or with the consent 
 45.2   of the commissioner of corrections, place the child in a group 
 45.3   foster care facility which is under the commissioner's 
 45.4   management and supervision; 
 45.5      (3) subject to the court's supervision, transfer legal 
 45.6   custody of the child to one of the following: 
 45.7      (i) a reputable person of good moral character.  No person 
 45.8   may receive custody of two or more unrelated children unless 
 45.9   licensed to operate a residential program under sections 245A.01 
 45.10  to 245A.16; or 
 45.11     (ii) a county probation officer for placement in a group 
 45.12  foster home established under the direction of the juvenile 
 45.13  court and licensed pursuant to section 241.021; 
 45.14     (4) require the child to pay a fine of up to $100.  The 
 45.15  court shall order payment of the fine in a manner that will not 
 45.16  impose undue financial hardship upon the child; 
 45.17     (5) require the child to participate in a community service 
 45.18  project; 
 45.19     (6) order the child to undergo a chemical dependency 
 45.20  evaluation and, if warranted by the evaluation, order 
 45.21  participation by the child in a drug awareness program or an 
 45.22  inpatient or outpatient chemical dependency treatment program; 
 45.23     (7) if the court believes that it is in the best interests 
 45.24  of the child and of public safety that the child's driver's 
 45.25  license or instruction permit be canceled, the court may order 
 45.26  the commissioner of public safety to cancel the child's license 
 45.27  or permit for any period up to the child's 18th birthday.  If 
 45.28  the child does not have a driver's license or permit, the court 
 45.29  may order a denial of driving privileges for any period up to 
 45.30  the child's 18th birthday.  The court shall forward an order 
 45.31  issued under this clause to the commissioner, who shall cancel 
 45.32  the license or permit or deny driving privileges without a 
 45.33  hearing for the period specified by the court.  At any time 
 45.34  before the expiration of the period of cancellation or denial, 
 45.35  the court may, for good cause, order the commissioner of public 
 45.36  safety to allow the child to apply for a license or permit, and 
 46.1   the commissioner shall so authorize; 
 46.2      (8) order that the child's parent or legal guardian deliver 
 46.3   the child to school at the beginning of each school day for a 
 46.4   period of time specified by the court; or 
 46.5      (9) require the child to perform any other activities or 
 46.6   participate in any other treatment programs deemed appropriate 
 46.7   by the court.  
 46.8      To the extent practicable, the court shall enter a 
 46.9   disposition order the same day it makes a finding that a child 
 46.10  is in need of protection or services or neglected and in foster 
 46.11  care, but in no event more than 15 days after the finding unless 
 46.12  the court finds that the best interests of the child will be 
 46.13  served by granting a delay.  If the child was under eight years 
 46.14  of age at the time the petition was filed, the disposition order 
 46.15  must be entered within ten days of the finding and the court may 
 46.16  not grant a delay unless good cause is shown and the court finds 
 46.17  the best interests of the child will be served by the delay. 
 46.18     (c) If a child who is 14 years of age or older is 
 46.19  adjudicated in need of protection or services because the child 
 46.20  is a habitual truant and truancy procedures involving the child 
 46.21  were previously dealt with by a school attendance review board 
 46.22  or county attorney mediation program under section 260A.06 or 
 46.23  260A.07, the court shall order a cancellation or denial of 
 46.24  driving privileges under paragraph (b), clause (7), for any 
 46.25  period up to the child's 18th birthday. 
 46.26     (d) In the case of a child adjudicated in need of 
 46.27  protection or services because the child has committed domestic 
 46.28  abuse and been ordered excluded from the child's parent's home, 
 46.29  the court shall dismiss jurisdiction if the court, at any time, 
 46.30  finds the parent is able or willing to provide an alternative 
 46.31  safe living arrangement for the child, as defined in Laws 1997, 
 46.32  chapter 239, article 10, section 2. 
 46.33     Sec. 29.  Minnesota Statutes 1997 Supplement, section 
 46.34  260.191, subdivision 1a, is amended to read: 
 46.35     Subd. 1a.  [WRITTEN FINDINGS.] Any order for a disposition 
 46.36  authorized under this section shall contain written findings of 
 47.1   fact to support the disposition ordered, and shall also set 
 47.2   forth in writing the following information: 
 47.3      (a) Why the best interests of the child are served by the 
 47.4   disposition ordered; 
 47.5      (b) What alternative dispositions were considered by the 
 47.6   court and why such dispositions were not appropriate in the 
 47.7   instant case; 
 47.8      (c) How the court's disposition complies with the 
 47.9   requirements of section 260.181, subdivision 3; and 
 47.10     (d) Whether reasonable efforts consistent with section 
 47.11  260.012 were made to prevent or eliminate the necessity of the 
 47.12  child's removal and to reunify the family after removal.  The 
 47.13  court's findings must include a brief description of what 
 47.14  preventive and reunification efforts were made and why further 
 47.15  efforts could not have prevented or eliminated the necessity of 
 47.16  removal or that reasonable efforts were not required under 
 47.17  section 260.012 or 260.172, subdivision 1. 
 47.18     If the court finds that the social services agency's 
 47.19  preventive or reunification efforts have not been reasonable but 
 47.20  that further preventive or reunification efforts could not 
 47.21  permit the child to safely remain at home, the court may 
 47.22  nevertheless authorize or continue the removal of the child. 
 47.23     Sec. 30.  Minnesota Statutes 1997 Supplement, section 
 47.24  260.191, subdivision 3a, is amended to read: 
 47.25     Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
 47.26  the court places a child in a residential facility, as defined 
 47.27  in section 257.071, subdivision 1, the court shall review the 
 47.28  out-of-home placement at least every six months to determine 
 47.29  whether continued out-of-home placement is necessary and 
 47.30  appropriate or whether the child should be returned home.  The 
 47.31  court shall review agency efforts pursuant to section 257.072, 
 47.32  subdivision 1, and order that the efforts continue if the agency 
 47.33  has failed to perform the duties under that section.  The court 
 47.34  shall review the case plan and may modify the case plan as 
 47.35  provided under subdivisions 1e and 2.  If the court orders 
 47.36  continued out-of-home placement, the court shall notify the 
 48.1   parents of the provisions of subdivision 3b. 
 48.2      (b) When the court determines that a permanent placement 
 48.3   hearing is necessary because there is a likelihood that the 
 48.4   child will not return to a parent's care, the court may 
 48.5   authorize the agency with custody of the child to send the 
 48.6   notice provided in this paragraph to any adult with whom the 
 48.7   child is currently residing, any adult with whom the child has 
 48.8   resided for one year or longer in the past, any adult who has 
 48.9   maintained a relationship or exercised visitation with the child 
 48.10  as identified in the agency case plan for the child or 
 48.11  demonstrated an interest in the child, and any relative who has 
 48.12  provided a current address to the local social service agency.  
 48.13  This notice must not be provided to a parent whose parental 
 48.14  rights to the child have been terminated under section 260.221, 
 48.15  subdivision 1.  The notice must state that a permanent home is 
 48.16  sought for the child and that individuals receiving the notice 
 48.17  may indicate to the agency within 30 days their interest in 
 48.18  providing a permanent home section 257.071, subdivision 1d, 
 48.19  paragraph (b), or may modify the requirements of the agency 
 48.20  under section 257.071, subdivision 1d, paragraph (b), or may 
 48.21  completely relieve the responsible social service agency of the 
 48.22  requirements of section 257.071, subdivision 1d, paragraph (b), 
 48.23  when the child is placed with an appropriate relative who wishes 
 48.24  to provide a permanent home for the child.  The actions ordered 
 48.25  by the court under this section must be consistent with the best 
 48.26  interests, safety, and welfare of the child.  
 48.27     Sec. 31.  Minnesota Statutes 1997 Supplement, section 
 48.28  260.191, subdivision 3b, is amended to read: 
 48.29     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 48.30  PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 
 48.31  to determine the permanent status of a child not later than 12 
 48.32  months after the child is placed out of the home of the parent, 
 48.33  except that if the child was under eight years of age at the 
 48.34  time the petition was filed, the hearing must be conducted no 
 48.35  later than six months after the child is placed out of the home 
 48.36  of the parent. 
 49.1      For purposes of this subdivision, the date of the child's 
 49.2   placement out of the home of the parent is the earlier of the 
 49.3   first court-ordered placement or the first court-approved 
 49.4   placement under section 257.071, subdivision 3, of a child who 
 49.5   had been in voluntary placement 60 days after the date on which 
 49.6   the child has been voluntarily placed out of the home. 
 49.7      For purposes of this subdivision, 12 months is calculated 
 49.8   as follows: 
 49.9      (1) during the pendency of a petition alleging that a child 
 49.10  is in need of protection or services, all time periods when a 
 49.11  child is placed out of the home of the parent are cumulated; 
 49.12     (2) if a child has been placed out of the home of the 
 49.13  parent within the previous five years in connection with one or 
 49.14  more prior petitions for a child in need of protection or 
 49.15  services, the lengths of all prior time periods when the child 
 49.16  was placed out of the home within the previous five years and 
 49.17  under the current petition, are cumulated.  If a child under 
 49.18  this clause has been out of the home for 12 months or more, the 
 49.19  court, if it is in the best interests of the child, may extend 
 49.20  the total time the child may continue out of the home under the 
 49.21  current petition up to an additional six months before making a 
 49.22  permanency determination.  
 49.23     (b) Not later than ten days prior to this hearing, the 
 49.24  responsible social service agency shall file pleadings to 
 49.25  establish the basis for the permanent placement determination.  
 49.26  Notice of the hearing and copies of the pleadings must be 
 49.27  provided pursuant to section 260.141.  If a termination of 
 49.28  parental rights petition is filed before the date required for 
 49.29  the permanency planning determination, no hearing need be 
 49.30  conducted under this subdivision.  The court shall determine 
 49.31  whether the child is to be returned home or, if not, what 
 49.32  permanent placement is consistent with the child's best 
 49.33  interests.  The "best interests of the child" means all relevant 
 49.34  factors to be considered and evaluated. 
 49.35     (c) At a hearing under this subdivision, if the child was 
 49.36  under eight years of age at the time the petition was filed 
 50.1   alleging the child in need of protection or services, the court 
 50.2   shall review the progress of the case and the case plan, 
 50.3   including the provision of services.  The court may order the 
 50.4   local social service agency to show cause why it should not file 
 50.5   a termination of parental rights petition.  Cause may include, 
 50.6   but is not limited to, the following conditions: 
 50.7      (1) the parents or guardians have maintained regular 
 50.8   contact with the child, the parents are complying with the 
 50.9   court-ordered case plan, and the child would benefit from 
 50.10  continuing this relationship; 
 50.11     (2) grounds for termination under section 260.221 do not 
 50.12  exist; or 
 50.13     (3) the permanent plan for the child is transfer of 
 50.14  permanent legal and physical custody to a relative. 
 50.15     (d) If the child is not returned to the home, the 
 50.16  dispositions available for permanent placement determination are:
 50.17     (1) permanent legal and physical custody to a relative in 
 50.18  the best interests of the child.  In transferring permanent 
 50.19  legal and physical custody to a relative, the juvenile court 
 50.20  shall follow the standards and procedures applicable under 
 50.21  chapter 257 or 518.  An order establishing permanent legal or 
 50.22  physical custody under this subdivision must be filed with the 
 50.23  family court.  A transfer of legal and physical custody includes 
 50.24  responsibility for the protection, education, care, and control 
 50.25  of the child and decision making on behalf of the child.  The 
 50.26  social service agency may petition on behalf of the proposed 
 50.27  custodian; 
 50.28     (2) termination of parental rights and adoption; the social 
 50.29  service agency shall file a petition for termination of parental 
 50.30  rights under section 260.231 and all the requirements of 
 50.31  sections 260.221 to 260.245 remain applicable.  An adoption 
 50.32  completed subsequent to a determination under this subdivision 
 50.33  may include an agreement for communication or contact under 
 50.34  section 259.58; or 
 50.35     (3) long-term foster care; transfer of legal custody and 
 50.36  adoption are preferred permanency options for a child who cannot 
 51.1   return home.  The court may order a child into long-term foster 
 51.2   care only if it finds that neither an award of legal and 
 51.3   physical custody to a relative, nor termination of parental 
 51.4   rights nor adoption is in the child's best interests.  Further, 
 51.5   the court may only order long-term foster care for the child 
 51.6   under this section if it finds the following: 
 51.7      (i) the child has reached age 12 and reasonable efforts by 
 51.8   the responsible social service agency have failed to locate an 
 51.9   adoptive family for the child; or 
 51.10     (ii) the child is a sibling of a child described in clause 
 51.11  (i) and the siblings have a significant positive relationship 
 51.12  and are ordered into the same long-term foster care home; or 
 51.13     (4) foster care for a specified period of time may be 
 51.14  ordered only if: 
 51.15     (i) the sole basis for an adjudication that a child is in 
 51.16  need of protection or services is that the child is a runaway, 
 51.17  is an habitual truant, or committed a delinquent act before age 
 51.18  ten; and 
 51.19     (ii) the court finds that foster care for a specified 
 51.20  period of time is in the best interests of the child. 
 51.21     (d) (e) In ordering a permanent placement of a child, the 
 51.22  court must be governed by the best interests of the child, 
 51.23  including a review of the relationship between the child and 
 51.24  relatives and the child and other important persons with whom 
 51.25  the child has resided or had significant contact. 
 51.26     (e) (f) Once a permanent placement determination has been 
 51.27  made and permanent placement has been established, further court 
 51.28  reviews and dispositional hearings are only necessary if the 
 51.29  placement is made under paragraph (c) (d), clause (4), review is 
 51.30  otherwise required by federal law, an adoption has not yet been 
 51.31  finalized, or there is a disruption of the permanent or 
 51.32  long-term placement.  
 51.33     (f) (g) An order under this subdivision must include the 
 51.34  following detailed findings: 
 51.35     (1) how the child's best interests are served by the order; 
 51.36     (2) the nature and extent of the responsible social service 
 52.1   agency's reasonable efforts, or, in the case of an Indian child, 
 52.2   active efforts, to reunify the child with the parent or parents; 
 52.3      (3) the parent's or parents' efforts and ability to use 
 52.4   services to correct the conditions which led to the out-of-home 
 52.5   placement; 
 52.6      (4) whether the conditions which led to the out-of-home 
 52.7   placement have been corrected so that the child can return home; 
 52.8   and 
 52.9      (5) if the child cannot be returned home, whether there is 
 52.10  a substantial probability of the child being able to return home 
 52.11  in the next six months.  
 52.12     (g) (h) An order for permanent legal and physical custody 
 52.13  of a child may be modified under sections 518.18 and 518.185.  
 52.14  The social service agency is a party to the proceeding and must 
 52.15  receive notice.  An order for long-term foster care is 
 52.16  reviewable upon motion and a showing by the parent of a 
 52.17  substantial change in the parent's circumstances such that the 
 52.18  parent could provide appropriate care for the child and that 
 52.19  removal of the child from the child's permanent placement and 
 52.20  the return to the parent's care would be in the best interest of 
 52.21  the child. 
 52.22     Sec. 32.  Minnesota Statutes 1996, section 260.221, as 
 52.23  amended by Laws 1997, chapters 218, sections 10 and 11, and 239, 
 52.24  article 6, section 30, is amended to read: 
 52.25     260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.] 
 52.26     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 52.27  court may upon petition, terminate all rights of a parent to a 
 52.28  child: 
 52.29     (a) with the written consent of a parent who for good cause 
 52.30  desires to terminate parental rights; or 
 52.31     (b) if it finds that one or more of the following 
 52.32  conditions exist: 
 52.33     (1) that the parent has abandoned the child; or 
 52.34     (2) that the parent has substantially, continuously, or 
 52.35  repeatedly refused or neglected to comply with the duties 
 52.36  imposed upon that parent by the parent and child relationship, 
 53.1   including but not limited to providing the child with necessary 
 53.2   food, clothing, shelter, education, and other care and control 
 53.3   necessary for the child's physical, mental, or emotional health 
 53.4   and development, if the parent is physically and financially 
 53.5   able, and reasonable efforts by the social service agency have 
 53.6   failed to correct the conditions that formed the basis of the 
 53.7   petition; or 
 53.8      (3) that a parent has been ordered to contribute to the 
 53.9   support of the child or financially aid in the child's birth and 
 53.10  has continuously failed to do so without good cause.  This 
 53.11  clause shall not be construed to state a grounds for termination 
 53.12  of parental rights of a noncustodial parent if that parent has 
 53.13  not been ordered to or cannot financially contribute to the 
 53.14  support of the child or aid in the child's birth; or 
 53.15     (4) that a parent is palpably unfit to be a party to the 
 53.16  parent and child relationship because of a consistent pattern of 
 53.17  specific conduct before the child or of specific conditions 
 53.18  directly relating to the parent and child relationship either of 
 53.19  which are determined by the court to be of a duration or nature 
 53.20  that renders the parent unable, for the reasonably foreseeable 
 53.21  future, to care appropriately for the ongoing physical, mental, 
 53.22  or emotional needs of the child.  It is presumed that a parent 
 53.23  is palpably unfit to be a party to the parent and child 
 53.24  relationship upon a showing that: 
 53.25     (i) the child was adjudicated in need of protection or 
 53.26  services due to circumstances described in section 260.015, 
 53.27  subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 53.28     (ii) the parent's parental rights to one or more other 
 53.29  children were involuntarily terminated under clause (1), (2), 
 53.30  (4), or (7), or under clause (5) if the child was initially 
 53.31  determined to be in need of protection or services due to 
 53.32  circumstances described in section 260.015, subdivision 2a, 
 53.33  clause (1), (2), (3), (5), or (8); or 
 53.34     (5) that following upon a determination of neglect or 
 53.35  dependency, or of a child's need for protection or services, 
 53.36  reasonable efforts, under the direction of the court, have 
 54.1   failed to correct the conditions leading to the determination.  
 54.2   It is presumed that reasonable efforts under this clause have 
 54.3   failed upon a showing that: 
 54.4      (i) a child has resided out of the parental home under 
 54.5   court order for a cumulative period of more than one year within 
 54.6   a five-year period following an adjudication of dependency, 
 54.7   neglect, need for protection or services under section 260.015, 
 54.8   subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
 54.9   neglected and in foster care, and an order for disposition under 
 54.10  section 260.191, including adoption of the case plan required by 
 54.11  section 257.071; 
 54.12     (ii) conditions leading to the determination will not be 
 54.13  corrected within the reasonably foreseeable future.  It is 
 54.14  presumed that conditions leading to a child's out-of-home 
 54.15  placement will not be corrected in the reasonably foreseeable 
 54.16  future upon a showing that the parent or parents have not 
 54.17  substantially complied with the court's orders and a reasonable 
 54.18  case plan, and the conditions which led to the out-of-home 
 54.19  placement have not been corrected; and 
 54.20     (iii) reasonable efforts have been made by the social 
 54.21  service agency to rehabilitate the parent and reunite the family.
 54.22     This clause does not prohibit the termination of parental 
 54.23  rights prior to one year after a child has been placed out of 
 54.24  the home.  
 54.25     It is also presumed that reasonable efforts have failed 
 54.26  under this clause upon a showing that: 
 54.27     (i) the parent has been diagnosed as chemically dependent 
 54.28  by a professional certified to make the diagnosis; 
 54.29     (ii) the parent has been required by a case plan to 
 54.30  participate in a chemical dependency treatment program; 
 54.31     (iii) the treatment programs offered to the parent were 
 54.32  culturally, linguistically, and clinically appropriate; 
 54.33     (iv) the parent has either failed two or more times to 
 54.34  successfully complete a treatment program or has refused at two 
 54.35  or more separate meetings with a caseworker to participate in a 
 54.36  treatment program; and 
 55.1      (v) the parent continues to abuse chemicals.  
 55.2   Provided, that this presumption applies only to parents required 
 55.3   by a case plan to participate in a chemical dependency treatment 
 55.4   program on or after July 1, 1990; or 
 55.5      (6) that a child has experienced egregious harm in the 
 55.6   parent's care which is of a nature, duration, or chronicity that 
 55.7   indicates a lack of regard for the child's well-being, such that 
 55.8   a reasonable person would believe it contrary to the best 
 55.9   interest of the child or of any child to be in the parent's 
 55.10  care; or 
 55.11     (7) that in the case of a child born to a mother who was 
 55.12  not married to the child's father when the child was conceived 
 55.13  nor when the child was born the person is not entitled to notice 
 55.14  of an adoption hearing under section 259.49 and the person has 
 55.15  not registered with the putative fathers' adoption registry 
 55.16  under section 259.52; or 
 55.17     (8) that the child is neglected and in foster care; or 
 55.18     (9) that the parent has been convicted of a crime listed in 
 55.19  section 260.012, paragraph (b), clauses (1) to (3). 
 55.20     In an action involving an American Indian child, sections 
 55.21  257.35 to 257.3579 and the Indian Child Welfare Act, United 
 55.22  States Code, title 25, sections 1901 to 1923, control to the 
 55.23  extent that the provisions of this section are inconsistent with 
 55.24  those laws. 
 55.25     Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
 55.26  subdivision 1, paragraph (b), clause (1): 
 55.27     (a) Abandonment is presumed when: 
 55.28     (1) the parent has had no contact with the child on a 
 55.29  regular basis and not demonstrated consistent interest in the 
 55.30  child's well-being for six months; and 
 55.31     (2) the social service agency has made reasonable efforts 
 55.32  to facilitate contact, unless the parent establishes that an 
 55.33  extreme financial or physical hardship or treatment for mental 
 55.34  disability or chemical dependency or other good cause prevented 
 55.35  the parent from making contact with the child.  This presumption 
 55.36  does not apply to children whose custody has been determined 
 56.1   under chapter 257 or 518.  The court is not prohibited from 
 56.2   finding abandonment in the absence of this presumption; or 
 56.3      (2) the child is an infant under two years of age and has 
 56.4   been deserted by the parent under circumstances that show an 
 56.5   intent not to return to care for the child. 
 56.6      (b) The following are prima facie evidence of abandonment 
 56.7   where adoption proceedings are pending and there has been a 
 56.8   showing that the person was not entitled to notice of an 
 56.9   adoption proceeding under section 259.49: 
 56.10     (1) failure to register with the putative fathers' adoption 
 56.11  registry under section 259.52; or 
 56.12     (2) if the person registered with the putative fathers' 
 56.13  adoption registry under section 259.52: 
 56.14     (i) filing a denial of paternity within 30 days of receipt 
 56.15  of notice under section 259.52, subdivision 8; 
 56.16     (ii) failing to timely file an intent to claim parental 
 56.17  rights with entry of appearance form within 30 days of receipt 
 56.18  of notice under section 259.52, subdivision 10; or 
 56.19     (iii) timely filing an intent to claim parental rights with 
 56.20  entry of appearance form within 30 days of receipt of notice 
 56.21  under section 259.52, subdivision 10, but failing to initiate a 
 56.22  paternity action within 30 days of receiving the putative 
 56.23  fathers' adoption registry notice where there has been no 
 56.24  showing of good cause for the delay. 
 56.25     Subd. 1b.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 
 56.26  The county attorney shall file a termination of parental rights 
 56.27  petition within 30 days of a child's placement in out-of-home 
 56.28  care if the child has been subjected to egregious harm as 
 56.29  defined in section 260.015, subdivision 29, is the sibling of 
 56.30  another child of the parent who was subjected to egregious harm, 
 56.31  or is an abandoned infant as defined in subdivision 1a, 
 56.32  paragraph (a), clause (2).  The local social services agency 
 56.33  shall concurrently identify, recruit, process, and approve an 
 56.34  adoptive family for the child.  If a termination of parental 
 56.35  rights petition has been filed by another party the local social 
 56.36  services agency shall be joined as a party to the petition.  If 
 57.1   criminal charges have been filed against a parent arising out of 
 57.2   the conduct alleged to constitute egregious harm, the county 
 57.3   attorney shall determine which matter should proceed to trial 
 57.4   first, consistent with the best interests of the child and 
 57.5   subject to the defendant's right to a speedy trial. 
 57.6      (b) This requirement does not apply if the county attorney 
 57.7   determines and files with the court its determination that a 
 57.8   transfer of permanent legal and physical custody to a relative 
 57.9   is in the best interests of the child or there is a compelling 
 57.10  reason documented by the local social services agency that 
 57.11  filing the petition would not be in the best interests of the 
 57.12  child. 
 57.13     Subd. 1c.  [CURRENT FOSTER CARE CHILDREN.] The county 
 57.14  attorney shall file a termination of parental rights petition or 
 57.15  other permanent placement proceeding under section 260.191, 
 57.16  subdivision 3b, for all children determined to be in need of 
 57.17  protection or services who are placed in out-of-home care for 
 57.18  reasons other than care or treatment of the child's disability, 
 57.19  and who are in out-of-home placement on the day following final 
 57.20  enactment of this section, and have been in out-of-home care for 
 57.21  15 of the most recent 22 months.  
 57.22     Subd. 2.  [ADOPTIVE PARENT.] For purposes of subdivision 1, 
 57.23  clause (a), an adoptive parent may not terminate parental rights 
 57.24  to an adopted child for a reason that would not apply to a birth 
 57.25  parent seeking termination of parental rights to a child under 
 57.26  subdivision 1, clause (a). 
 57.27     Subd. 3.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
 57.28  subdivision 1, clause (b), no prior judicial finding of 
 57.29  dependency, neglect, need for protection or services, or 
 57.30  neglected and in foster care is required, except as provided in 
 57.31  subdivision 1, clause (b), item (5). 
 57.32     Subd. 4.  [BEST INTERESTS OF CHILD PARAMOUNT.] In any 
 57.33  proceeding under this section, the best interests of the child 
 57.34  must be the paramount consideration, provided that the 
 57.35  conditions in subdivision 1, clause (a), or at least one 
 57.36  condition in subdivision 1, clause (b), are found by the court.  
 58.1   In proceedings involving an American Indian child, as defined in 
 58.2   section 257.351, subdivision 6, the best interests of the child 
 58.3   must be determined consistent with the Indian Child Welfare Act 
 58.4   of 1978, United States Code, title 25, section 1901, et seq.  
 58.5   Where the interests of parent and child conflict, the interests 
 58.6   of the child are paramount.  
 58.7      Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 58.8   proceeding under this section, the court shall make specific 
 58.9   findings: 
 58.10     (1) regarding the nature and extent of efforts made by the 
 58.11  social service agency to rehabilitate the parent and reunite the 
 58.12  family; 
 58.13     (2) that provision of services or further services for the 
 58.14  purpose of rehabilitation and reunification is futile and 
 58.15  therefore unreasonable under the circumstances; or 
 58.16     (3) that reasonable efforts at reunification is are not 
 58.17  required because the parent has been convicted of a crime listed 
 58.18  in section 260.012, paragraph (b), clauses (1) to (3) as 
 58.19  provided under section 260.012. 
 58.20     Sec. 33.  Minnesota Statutes 1997 Supplement, section 
 58.21  260.241, subdivision 3, is amended to read: 
 58.22     Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
 58.23  certified copy of the findings and the order terminating 
 58.24  parental rights, and a summary of the court's information 
 58.25  concerning the child shall be furnished by the court to the 
 58.26  commissioner or the agency to which guardianship is 
 58.27  transferred.  The orders shall be on a document separate from 
 58.28  the findings.  The court shall furnish the individual to whom 
 58.29  guardianship is transferred a copy of the order terminating 
 58.30  parental rights. 
 58.31     (b) The court shall retain jurisdiction in a case where 
 58.32  adoption is the intended permanent placement disposition.  The 
 58.33  guardian ad litem and counsel for the child shall continue on 
 58.34  the case until an adoption decree is entered.  A hearing must be 
 58.35  held every 90 days following termination of parental rights for 
 58.36  the court to review progress toward an adoptive placement and 
 59.1   the specific recruitment efforts the agency has taken to find an 
 59.2   adoptive family or other placement living arrangement for the 
 59.3   child and to finalize the adoption or other permanency plan. 
 59.4      (c) The court shall retain jurisdiction in a case where 
 59.5   long-term foster care is the permanent disposition.  The 
 59.6   guardian ad litem and counsel for the child must be dismissed 
 59.7   from the case on the effective date of the permanent placement 
 59.8   order.  However, the foster parent and the child, if of 
 59.9   sufficient age, must be informed how they may contact a guardian 
 59.10  ad litem if the matter is subsequently returned to court. 
 59.11     Sec. 34.  Minnesota Statutes 1996, section 626.556, is 
 59.12  amended by adding a subdivision to read: 
 59.13     Subd. 11d.  [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY 
 59.14  CASES.] (a) The definitions in this paragraph apply to this 
 59.15  section. 
 59.16     (1) "Child fatality" means the death of a child from 
 59.17  suspected abuse, neglect, or maltreatment. 
 59.18     (2) "Near fatality" means a case in which a physician 
 59.19  determines that a child is in serious or critical condition as 
 59.20  the result of sickness or injury caused by suspected abuse, 
 59.21  neglect, or maltreatment. 
 59.22     (3) "Findings and information" means a written summary 
 59.23  described in paragraph (c) of actions taken or services rendered 
 59.24  by a local social services agency following receipt of a report. 
 59.25     (b) Notwithstanding any other provision of law and subject 
 59.26  to this subdivision, a public agency shall disclose to the 
 59.27  public, upon request, the findings and information related to a 
 59.28  child fatality or near fatality if: 
 59.29     (1) a person is criminally charged with having caused the 
 59.30  child fatality or near fatality; or 
 59.31     (2) a county attorney certifies that a person would have 
 59.32  been charged with having caused the child fatality or near 
 59.33  fatality but for that person's death. 
 59.34     (c) Findings and information disclosed under this 
 59.35  subdivision consist of a written summary that includes any of 
 59.36  the following information the agency is able to provide: 
 60.1      (1) the dates, outcomes, and results of any actions taken 
 60.2   or services rendered; 
 60.3      (2) the results of any review of the state child mortality 
 60.4   review panel, a local child mortality review panel, a local 
 60.5   community child protection team, or any public agency; and 
 60.6      (3) confirmation of the receipt of all reports, accepted or 
 60.7   not accepted, by the local welfare agency for assessment of 
 60.8   suspected child abuse, neglect, or maltreatment, including 
 60.9   confirmation that investigations were conducted, the results of 
 60.10  the investigations, a description of the conduct of the most 
 60.11  recent investigation and the services rendered, and a statement 
 60.12  of the basis for the agency's determination. 
 60.13     (d) Nothing in this subdivision authorizes access to the 
 60.14  private data in the custody of a local social services agency, 
 60.15  or the disclosure to the public of the records or content of any 
 60.16  psychiatric, psychological, or therapeutic evaluations, or the 
 60.17  disclosure of information that would reveal the identities of 
 60.18  persons who provided information related to suspected abuse, 
 60.19  neglect, or maltreatment of the child. 
 60.20     (e) A person whose request is denied may apply to the 
 60.21  appropriate court for an order compelling disclosure of all or 
 60.22  part of the findings and information of the public agency.  The 
 60.23  application must set forth, with reasonable particularity, 
 60.24  factors supporting the application.  The court has jurisdiction 
 60.25  to issue these orders.  Actions under this section must be set 
 60.26  down for immediate hearing, and subsequent proceedings in those 
 60.27  actions must be given priority by the appellate courts.  
 60.28     (f) A public agency or its employees acting in good faith 
 60.29  in disclosing or declining to disclose information under this 
 60.30  section are immune from criminal or civil liability that might 
 60.31  otherwise be incurred or imposed for that action. 
 60.32     Sec. 35.  [EFFECTIVE DATE.] 
 60.33     This article is effective the day following final 
 60.34  enactment, except that: 
 60.35     (1) sections 11 and 30 are effective July 1, 1998; 
 60.36     (2) section 19 is effective retroactive to July 1, 1997, 
 61.1   and applies to communication or contact agreements entered into 
 61.2   on or after that date; and 
 61.3      (3) section 28 and the provisions of section 31, paragraphs 
 61.4   (a) and (c), that apply to children under eight years of age, 
 61.5   are effective July 1, 1999. 
 61.6                              ARTICLE 2
 61.7     FAMILY ASSESSMENTS AND SERVICES AND COMMUNITY COLLABORATION
 61.8      Section 1.  [626.5551] [PROGRAMS FOR CHILD PROTECTION 
 61.9   ASSESSMENTS OR INVESTIGATIONS; SAFETY PLANS; COMMUNITY 
 61.10  COLLABORATION.] 
 61.11     Subdivision 1.  [DESIGNATION OF COUNTIES; GRANTS AND 
 61.12  TECHNICAL ASSISTANCE.] By October 1, 1998, the commissioner of 
 61.13  human services shall designate counties to participate in the 
 61.14  pilot child protection program established under this section 
 61.15  for assessment and investigation of reports of child 
 61.16  maltreatment received under section 626.556 and the provision of 
 61.17  family services.  Two or more counties may enter into agreements 
 61.18  for purposes of participating together in a pilot program under 
 61.19  this section.  The commissioner shall make grants to counties or 
 61.20  groups of counties for purposes of planning and implementing a 
 61.21  program under this section and shall provide technical 
 61.22  assistance and develop protocols for the programs.  In their 
 61.23  grant application, counties shall address the extent to which 
 61.24  they will use the child safety assessment and plan process under 
 61.25  subdivision 6 as part of their program.  In making grants, the 
 61.26  commissioner shall ensure that at least one program includes 
 61.27  mandatory safety assessments and plans and shall provide 
 61.28  additional grant money to cover the cost of these assessments 
 61.29  and plans.  The commissioner shall designate a portion of each 
 61.30  grant that must be used to fund community collaborative services 
 61.31  under this section. 
 61.32     Subd. 2.  [ESTABLISHMENT; PURPOSE.] A child protection 
 61.33  program may be established under this section in order to 
 61.34  promote the safety of children and the integrity and 
 61.35  preservation of their families by conducting investigations or 
 61.36  family assessments in response to reports of child maltreatment 
 62.1   under section 626.556.  The program shall be designed to 
 62.2   coordinate community resources and provide assistance or 
 62.3   services to children and families identified to be at risk, and 
 62.4   to prevent and remedy child abuse and neglect. 
 62.5      Subd. 3.  [DETERMINATIONS REGARDING INVESTIGATION OR FAMILY 
 62.6   ASSESSMENT AND SERVICES.] (a) Upon receipt of a report under 
 62.7   section 626.556, the local welfare agency shall make a 
 62.8   determination whether to proceed with an investigation as 
 62.9   provided in section 626.556 or to proceed with a family 
 62.10  assessment and services approach under this section.  If a local 
 62.11  law enforcement agency receives a report under section 626.556 
 62.12  in a county that is participating in the program under this 
 62.13  section, the local law enforcement agency shall immediately 
 62.14  forward the report to the local welfare agency for purposes of 
 62.15  making a determination under this subdivision.  This does not 
 62.16  preclude the local law enforcement agency from proceeding with a 
 62.17  criminal investigation as appropriate.  If the local social 
 62.18  service agency receives information that does not involve 
 62.19  current maltreatment of a child but establishes criteria for a 
 62.20  child safety and assessment plan under subdivision 6, the local 
 62.21  social service agency may proceed under that subdivision. 
 62.22     (b) The local welfare agency shall make determinations 
 62.23  under this subdivision through the use of protocols developed by 
 62.24  the commissioner of human services.  The local welfare agency 
 62.25  may conduct an investigation of any report, but shall conduct an 
 62.26  investigation of reports that, if true, would mean that the 
 62.27  child has experienced, or is at risk of experiencing, serious 
 62.28  physical injury, sexual abuse, abandonment, or neglect that 
 62.29  substantially endangers the child's physical or mental health, 
 62.30  including intentional starvation and a diagnosis by a physician 
 62.31  of nonorganic failure to thrive, or that would be a violation 
 62.32  of, or an attempt to commit a violation of: 
 62.33     (1) section 609.185, 609.19, or 609.195 (murder in the 
 62.34  first, second, or third degree); 
 62.35     (2) section 609.20 or 609.205 (manslaughter in the first or 
 62.36  second degree); 
 63.1      (3) section 609.221, 609.222, or 609.223 (assault in the 
 63.2   first, second, or third degree); 
 63.3      (4) section 609.322 (solicitation, inducement, and 
 63.4   promotion of prostitution); 
 63.5      (5) sections 609.342 to 609.3451 (criminal sexual conduct); 
 63.6      (6) section 609.352 (solicitation of children to engage in 
 63.7   sexual conduct); 
 63.8      (7) section 609.377 or 609.378 (malicious punishment or 
 63.9   neglect or endangerment of a child); or 
 63.10     (8) section 617.246 (use of minor in sexual performance). 
 63.11     (c) In addition, in all cases the local welfare agency 
 63.12  shall contact the appropriate law enforcement agency as provided 
 63.13  in section 626.556, subdivision 3.  The law enforcement agency 
 63.14  may conduct its own investigation and shall assist the local 
 63.15  welfare agency in its investigation or provide, within a 
 63.16  reasonable time, a written explanation detailing the reasons why 
 63.17  it is unable to assist. 
 63.18     (d) The local social service agency shall make a 
 63.19  determination of how to proceed and initiate an investigation or 
 63.20  family assessment and services within 24 hours of receipt of the 
 63.21  report, except in cases where the sole basis for the report is 
 63.22  educational neglect.  If the report indicates that educational 
 63.23  neglect is the only complaint and there is no suspicion of other 
 63.24  neglect or abuse, the investigation or family assessment and 
 63.25  services approach shall be initiated within 72 hours of receipt 
 63.26  of the report.  
 63.27     Subd. 4.  [PROVISION OF FAMILY ASSESSMENT AND 
 63.28  SERVICES.] (a) If the local welfare agency makes a determination 
 63.29  to use the family assessment and services approach, the agency 
 63.30  shall assess the risk of abuse and neglect and the service needs 
 63.31  of the family based on information gathered from the family and 
 63.32  other available sources.  At the time of the initial contact 
 63.33  with the family, the local welfare agency shall provide the 
 63.34  parent or other caretaker with information regarding the purpose 
 63.35  of the contact and the assessment process to be followed during 
 63.36  the agency's intervention, including possible services available 
 64.1   and expectations of the family.  The local welfare agency may 
 64.2   enter into contracts with other public or private agencies with 
 64.3   appropriate professional expertise to perform the assessment 
 64.4   duties under this subdivision or with resources for providing 
 64.5   family services.  Services may include, but are not limited to, 
 64.6   marriage and family counseling, parenting classes, chemical 
 64.7   dependency screening and treatment, psychological counseling, 
 64.8   homemaker services, housing, day care assistance, visitation 
 64.9   services, or transportation services. 
 64.10     (b) The agency shall arrange for services that are 
 64.11  voluntary and time-limited unless the agency determines, based 
 64.12  on the assessment of risk, that there will be a high risk of 
 64.13  abuse or neglect if the family refuses to accept the services.  
 64.14  The agency shall identify services for families where it is 
 64.15  determined that the child is at high risk of future abuse or 
 64.16  neglect.  The agency shall thoroughly document its attempt to 
 64.17  provide voluntary services and the reasons these services are 
 64.18  important to reduce the risk of future abuse or neglect to the 
 64.19  child.  If the family continues to refuse voluntary services or 
 64.20  the child needs to be protected, the agency may begin an 
 64.21  investigation under section 626.556 or consult with the county 
 64.22  attorney regarding filing a petition alleging the child to be in 
 64.23  need of protection or services. 
 64.24     (c) When a case under this subdivision is closed, the local 
 64.25  welfare agency shall document the outcome of the family 
 64.26  assessment and services approach, including services provided 
 64.27  and the removal or reduction of risk to the child, if it existed.
 64.28  This documentation must be retained for at least four years.  
 64.29     Subd. 5.  [REFERRAL OF CASES FOR INVESTIGATION OR 
 64.30  ASSESSMENT.] (a) The local welfare agency shall begin an 
 64.31  immediate investigation if at any time during the family 
 64.32  assessment and services approach the agency determines that an 
 64.33  investigation is required under subdivision 3, paragraph (b), or 
 64.34  would otherwise be appropriate.  The staff who have conducted 
 64.35  the assessment may remain involved in the provision of services 
 64.36  to the family. 
 65.1      (b) The local welfare agency may conduct a family 
 65.2   assessment and services approach on reports initially referred 
 65.3   for an investigation if the agency determines that a complete 
 65.4   investigation is not required, or it may assist the family in 
 65.5   obtaining services during the investigation if it is determined 
 65.6   that the child or a member of the family needs services.  In 
 65.7   determining that a complete investigation is not required, the 
 65.8   local welfare agency must document the reason for terminating 
 65.9   the investigation and obtain written agreement of: 
 65.10     (1) the local law enforcement agency, if the local law 
 65.11  enforcement is involved, and notify the county attorney of the 
 65.12  decision to terminate the investigation; or 
 65.13     (2) the county attorney, if the local law enforcement is 
 65.14  not involved. 
 65.15     Subd. 6.  [CHILD SAFETY ASSESSMENT AND PLAN.] (a) The local 
 65.16  social service agency may follow the child safety assessment and 
 65.17  planning process under this subdivision when the agency receives 
 65.18  information that a child under the age of 12 months has one or 
 65.19  both parents who: 
 65.20     (1) has a recent history of controlled substance or alcohol 
 65.21  abuse; 
 65.22     (2) has been convicted of a crime specified in section 
 65.23  518.179, subdivision 2, if the victim of the crime was a family 
 65.24  or household member; and 
 65.25     (3) has lost custody of a child in a contested proceeding 
 65.26  to a person other than a parent, or previously has had another 
 65.27  child in court-ordered out-of-home placement. 
 65.28     (b) This subdivision does not relieve the local social 
 65.29  service agency of any other duties under this section, section 
 65.30  626.556, or other law in cases involving allegations of abuse or 
 65.31  neglect of a child. 
 65.32     (c) The agency shall assess the risk to the child of future 
 65.33  abuse and neglect and develop a safety plan, in consultation 
 65.34  with the parents, to address risk factors that are present in 
 65.35  the home and other service needs of the child and family.  The 
 65.36  safety plan may include: 
 66.1      (1) enrollment in early childhood family education; 
 66.2      (2) home visits under section 145A.15; 
 66.3      (3) chemical dependency treatment for a parent; and 
 66.4      (4) provision of other services identified in subdivision 4 
 66.5   or 7 that will enable the parents to participate in the safety 
 66.6   plan. 
 66.7      (d) The safety plan must involve continued monitoring of 
 66.8   the family as appropriate until the child is three years of age. 
 66.9   The agency may enter into contracts with other public or private 
 66.10  agencies with appropriate professional expertise to perform the 
 66.11  assessment duties under this subdivision or with resources for 
 66.12  providing family services. 
 66.13     Subd. 7.  [COLLABORATIVE SERVICES.] The local social 
 66.14  service agency shall coordinate community resources and 
 66.15  collaborate with the community to identify comprehensive local 
 66.16  services and assure access to those services for children and 
 66.17  families under this section.  The local welfare agency shall 
 66.18  coordinate community resources, including schools, nonprofit 
 66.19  agencies, community-based organizations, parenting support 
 66.20  groups, churches, civic groups, extension services, family 
 66.21  services collaboratives, and health care providers, and 
 66.22  establish procedures for making referrals and following through 
 66.23  with local providers to identify and evaluate services that have 
 66.24  been provided to a family. 
 66.25     Sec. 2.  [PLANNING, EVALUATION, AND REPORT.] 
 66.26     Subdivision 1.  [PLANNING AND IMPLEMENTATION.] The 
 66.27  commissioner of human services shall develop a plan for 
 66.28  establishing, implementing, and evaluating the programs under 
 66.29  section 1.  The plan must provide for administering grants and 
 66.30  local implementation of programs by January 1, 1999.  The plan 
 66.31  must include protocols for the programs and procedures and 
 66.32  criteria for the collection of information from local welfare 
 66.33  agencies to evaluate the programs.  In developing the protocols, 
 66.34  the commissioner shall consult with interest groups within the 
 66.35  child protection system, including child protection workers, 
 66.36  child protection advocates, county attorneys, law enforcement, 
 67.1   community service organizations, the councils of color, and the 
 67.2   ombudsperson for families. 
 67.3      Subd. 2.  [EVALUATION AND REPORT.] By January 15, 2001, the 
 67.4   commissioner of human services shall report to the legislature 
 67.5   on the operation of the program under section 1.  The report 
 67.6   must include an independent evaluation of the program that 
 67.7   assesses its effect upon specified variables, including the 
 67.8   following major goals: 
 67.9      (1) promotion of the safety of children; 
 67.10     (2) preservation of the integrity of families, where 
 67.11  possible; 
 67.12     (3) remediation of abuse or neglect, or other family 
 67.13  problems that give rise to reports; and 
 67.14     (4) prevention of future abuse or neglect. 
 67.15     The report must also evaluate the use of community 
 67.16  collaboration in providing services to families.  Based on the 
 67.17  evaluation, the report must include recommendations for future 
 67.18  legislative action, including any modifications to the operation 
 67.19  of the program and recommendations regarding statewide 
 67.20  implementation. 
 67.21                             ARTICLE 3
 67.22                   CONCURRENT PERMANENCY PLANNING
 67.23     Section 1.  [257.0711] [CONCURRENT PERMANENCY PLANNING.] 
 67.24     Subdivision 1.  [PROGRAM; GOALS.] (a) The commissioner of 
 67.25  human services shall establish a program for concurrent 
 67.26  permanency planning for child protection services.  The program 
 67.27  must include a pilot program phase during which the commissioner 
 67.28  will make grants to counties who participate in concurrent 
 67.29  permanency planning, followed by statewide implementation of 
 67.30  concurrent permanency planning effective July 1, 1999. 
 67.31     (b) Concurrent permanency planning involves a planning 
 67.32  process for children who are placed out of the home of their 
 67.33  parents pursuant to a court order, or who have been voluntarily 
 67.34  placed out of the home by the parents for 60 days or more and 
 67.35  who are not developmentally disabled or emotionally handicapped 
 67.36  under section 257.071, subdivision 4.  The local social service 
 68.1   agency shall develop an alternative permanency plan while making 
 68.2   reasonable efforts for reunification of the child with the 
 68.3   family, if required by section 260.012.  The goals of concurrent 
 68.4   permanency planning are to: 
 68.5      (1) achieve early permanency for children; 
 68.6      (2) decrease children's length of stay in foster care and 
 68.7   reduce the number of moves children experience in foster care; 
 68.8   and 
 68.9      (3) develop a group of families who will work towards 
 68.10  reunification and also serve as permanent families for children. 
 68.11     Subd. 2.  [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The 
 68.12  commissioner shall establish guidelines and protocols for social 
 68.13  service agencies involved in concurrent permanency planning, 
 68.14  including criteria for conducting concurrent permanency planning 
 68.15  based on relevant factors such as: 
 68.16     (1) age of the child and duration of out-of-home placement; 
 68.17     (2) prognosis for successful reunification with parents; 
 68.18     (3) availability of relatives and other concerned 
 68.19  individuals to provide support or a permanent placement for the 
 68.20  child; and 
 68.21     (4) special needs of the child and other factors affecting 
 68.22  the child's best interests. 
 68.23     In developing the guidelines and protocols, the 
 68.24  commissioner shall consult with interest groups within the child 
 68.25  protection system, including child protection workers, child 
 68.26  protection advocates, county attorneys, law enforcement, 
 68.27  community service organizations, the councils of color, and the 
 68.28  ombudsperson for families. 
 68.29     Subd. 3.  [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent 
 68.30  permanency planning programs must include involvement of parents 
 68.31  and full disclosure of their rights and responsibilities; goals 
 68.32  of concurrent permanency planning; support services that are 
 68.33  available for families; permanency options; and the consequences 
 68.34  of not complying with case plans. 
 68.35     Subd. 4.  [TECHNICAL ASSISTANCE AND GRANTS.] The 
 68.36  commissioner of human services shall provide ongoing technical 
 69.1   assistance, support, and training for local social service 
 69.2   agencies and other individuals and agencies involved in 
 69.3   concurrent permanency planning.  The commissioner shall make 
 69.4   grants to counties for purposes of planning, implementing, and 
 69.5   assisting in the evaluation of permanency planning programs and 
 69.6   multidisciplinary training of participants. 
 69.7      Sec. 2.  [EVALUATION AND REPORT.] 
 69.8      The commissioner shall develop a detailed plan for 
 69.9   evaluating concurrent permanency planning programs, based on 
 69.10  identifiable goals and factors, including those specified in 
 69.11  section 1, subdivision 1.  The plan must also include an 
 69.12  evaluation of the fiscal impact of concurrent planning, 
 69.13  including the effect on costs of out-of-home placement.  The 
 69.14  evaluation must incorporate input and recommendations from 
 69.15  counties involved in concurrent planning.  By January 15, 2001, 
 69.16  the commissioner shall report to the appropriate committees in 
 69.17  the legislature on the operation of the concurrent planning 
 69.18  programs and the results of the evaluation under this section. 
 69.19                             ARTICLE 4
 69.20                    CHILD WELFARE SERVICES PLAN 
 69.21     Section 1.  [CHILD WELFARE SERVICES PLAN.] 
 69.22     By January 15, 1999, the commissioner of human services 
 69.23  shall submit to the legislature a statewide plan for child 
 69.24  welfare services consistent with the five-year comprehensive 
 69.25  child and family services plan required for title IV-B, 1 and 2 
 69.26  of the Social Security Act.  The plan must establish statewide 
 69.27  and county-specific performance targets for improved outcomes 
 69.28  for the safety, permanency, and well-being of children and 
 69.29  families and reform of the service delivery system.  The plan 
 69.30  must set prioritized goals and measurable objectives for a child 
 69.31  and family service continuum that includes family support and 
 69.32  family preservation services; child welfare services such as 
 69.33  child abuse and neglect prevention, intervention, and treatment 
 69.34  services; and services to support reunification, adoption, 
 69.35  kinship care, foster care, independent living, or other 
 69.36  permanent living arrangement.  The plan should set baseline 
 70.1   measures and timetables for accomplishment of the goals and 
 70.2   include specific legislative, budget, or administrative 
 70.3   recommendations necessary to implement the plan.  The 
 70.4   commissioner should incorporate in the plan baseline data from 
 70.5   the semiannual report on children in out-of-home placement 
 70.6   required under Minnesota Statutes, section 257.0725, and other 
 70.7   data sources related to child welfare services including social 
 70.8   service information. 
 70.9      The commissioner of human services shall also submit to the 
 70.10  legislature by January 15 of each year a copy of the annual 
 70.11  progress and service report of its child and family services 
 70.12  plan required by the federal government for child welfare 
 70.13  services under title IV-B, 1 and 2 of the Social Security Act.  
 70.14  The document will report on specific accomplishments made in 
 70.15  meeting the prior year's goals and objectives and describe 
 70.16  proposed revisions in the plan's goals, objectives, and training 
 70.17  plan. 
 70.18     The commissioner of human services shall make these plans 
 70.19  available for public distribution by placing a notice of their 
 70.20  availability in the State Register no later than ten days 
 70.21  following the date of their submission. 
 70.22                             ARTICLE 5
 70.23                    CHILD WELFARE APPROPRIATIONS 
 70.24     Section 1.  [APPROPRIATION.] 
 70.25     $30,000,000 is appropriated from the general fund to the 
 70.26  commissioner of human services for purposes of funding child 
 70.27  welfare initiatives and programs.  This appropriation includes 
 70.28  funding for child protection activities; planning, development 
 70.29  of protocols, grants, technical assistance, training, and 
 70.30  evaluation for family assessment and services programs, 
 70.31  concurrent permanency planning, and child safety assessments and 
 70.32  plans; and training of family mediators and facilitation of 
 70.33  relative care plans under Minnesota Statutes, section 626.5565. 
 70.34                             ARTICLE 6
 70.35                     CHILD PROTECTIVE SERVICES
 70.36     Section 1.  Minnesota Statutes 1996, section 260.191, 
 71.1   subdivision 1e, is amended to read: 
 71.2      Subd. 1e.  [CASE PLAN.] For each disposition ordered, the 
 71.3   court shall order the appropriate agency to prepare a written 
 71.4   case plan developed after consultation with any foster parents, 
 71.5   and consultation with and participation by the child and the 
 71.6   child's parent, guardian, or custodian, guardian ad litem, and 
 71.7   tribal representative if the tribe has intervened.  The case 
 71.8   plan shall comply with the requirements of section 257.071, 
 71.9   where applicable.  The case plan shall, among other matters, 
 71.10  specify the actions to be taken by the child and the child's 
 71.11  parent, guardian, foster parent, or custodian to ensure the 
 71.12  child's safety and to comply with the court's disposition order, 
 71.13  and the services to be offered and provided by the agency to the 
 71.14  child and the child's parent, guardian, or custodian.  The court 
 71.15  shall review the case plan and, upon approving it, incorporate 
 71.16  the plan into its disposition order.  The court may review and 
 71.17  modify the terms of the case plan in the manner provided in 
 71.18  subdivision 2.  For each disposition ordered, the written case 
 71.19  plan shall specify what reasonable efforts shall be provided to 
 71.20  the family.  The case plan must include a discussion of: 
 71.21     (1) the availability of appropriate prevention and 
 71.22  reunification services for the family to safely prevent the 
 71.23  removal of the child from the home or to safely reunify the 
 71.24  child with the family after removal; 
 71.25     (2) any services or resources that were requested by the 
 71.26  child or the child's parent, guardian, foster parent, or 
 71.27  custodian since the date of initial adjudication, and whether 
 71.28  those services or resources were provided or the basis for 
 71.29  denial of the services or resources; 
 71.30     (3) the need of the child and family for care, treatment, 
 71.31  or rehabilitation; 
 71.32     (4) the need for participation by the parent, guardian, or 
 71.33  custodian in the plan of care for the child; 
 71.34     (5) the visitation rights and obligations of the parent or 
 71.35  other relatives, as defined in section 260.181, subdivision 3, 
 71.36  during any period when the child is placed outside the home; and 
 72.1      (6) a description of any services that could safely prevent 
 72.2   placement or reunify the family if such services were available; 
 72.3   and 
 72.4      (7) the need for continued monitoring of the child and 
 72.5   family by the appropriate local social services agency once the 
 72.6   family has completed all services required in the case plan. 
 72.7      A party has a right to request a court review of the 
 72.8   reasonableness of the case plan upon a showing of a substantial 
 72.9   change of circumstances. 
 72.10     Sec. 2.  Minnesota Statutes 1996, section 626.556, 
 72.11  subdivision 10, is amended to read: 
 72.12     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
 72.13  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
 72.14  alleges neglect, physical abuse, or sexual abuse by a parent, 
 72.15  guardian, or individual functioning within the family unit as a 
 72.16  person responsible for the child's care, the local welfare 
 72.17  agency shall immediately conduct an assessment and offer 
 72.18  protective social services for purposes of preventing further 
 72.19  abuses, safeguarding and enhancing the welfare of the abused or 
 72.20  neglected minor, and preserving family life whenever possible.  
 72.21  If the report alleges a violation of a criminal statute 
 72.22  involving sexual abuse, physical abuse, or neglect or 
 72.23  endangerment, under section 609.378, the local law enforcement 
 72.24  agency and local welfare agency shall coordinate the planning 
 72.25  and execution of their respective investigation and assessment 
 72.26  efforts to avoid a duplication of fact-finding efforts and 
 72.27  multiple interviews.  Each agency shall prepare a separate 
 72.28  report of the results of its investigation.  In cases of alleged 
 72.29  child maltreatment resulting in death, the local agency may rely 
 72.30  on the fact-finding efforts of a law enforcement investigation 
 72.31  to make a determination of whether or not maltreatment 
 72.32  occurred.  When necessary the local welfare agency shall seek 
 72.33  authority to remove the child from the custody of a parent, 
 72.34  guardian, or adult with whom the child is living.  In performing 
 72.35  any of these duties, the local welfare agency shall maintain 
 72.36  appropriate records.  
 73.1      (b) When a local agency receives a report or otherwise has 
 73.2   information indicating that a child who is a client, as defined 
 73.3   in section 245.91, has been the subject of physical abuse, 
 73.4   sexual abuse, or neglect at an agency, facility, or program as 
 73.5   defined in section 245.91, it shall, in addition to its other 
 73.6   duties under this section, immediately inform the ombudsman 
 73.7   established under sections 245.91 to 245.97. 
 73.8      (c) Authority of the local welfare agency responsible for 
 73.9   assessing the child abuse or neglect report and of the local law 
 73.10  enforcement agency for investigating the alleged abuse or 
 73.11  neglect includes, but is not limited to, authority to interview, 
 73.12  without parental consent, the alleged victim and any other 
 73.13  minors who currently reside with or who have resided with the 
 73.14  alleged offender.  The interview may take place at school or at 
 73.15  any facility or other place where the alleged victim or other 
 73.16  minors might be found or the child may be transported to, and 
 73.17  the interview conducted at, a place appropriate for the 
 73.18  interview of a child designated by the local welfare agency or 
 73.19  law enforcement agency.  The interview may take place outside 
 73.20  the presence of the alleged offender or parent, legal custodian, 
 73.21  guardian, or school official.  Except as provided in this 
 73.22  paragraph, the parent, legal custodian, or guardian shall be 
 73.23  notified by the responsible local welfare or law enforcement 
 73.24  agency no later than the conclusion of the investigation or 
 73.25  assessment that this interview has occurred.  Notwithstanding 
 73.26  rule 49.02 of the Minnesota rules of procedure for juvenile 
 73.27  courts, the juvenile court may, after hearing on an ex parte 
 73.28  motion by the local welfare agency, order that, where reasonable 
 73.29  cause exists, the agency withhold notification of this interview 
 73.30  from the parent, legal custodian, or guardian.  If the interview 
 73.31  took place or is to take place on school property, the order 
 73.32  shall specify that school officials may not disclose to the 
 73.33  parent, legal custodian, or guardian the contents of the 
 73.34  notification of intent to interview the child on school 
 73.35  property, as provided under this paragraph, and any other 
 73.36  related information regarding the interview that may be a part 
 74.1   of the child's school record.  A copy of the order shall be sent 
 74.2   by the local welfare or law enforcement agency to the 
 74.3   appropriate school official. 
 74.4      (d) When the local welfare or local law enforcement agency 
 74.5   determines that an interview should take place on school 
 74.6   property, written notification of intent to interview the child 
 74.7   on school property must be received by school officials prior to 
 74.8   the interview.  The notification shall include the name of the 
 74.9   child to be interviewed, the purpose of the interview, and a 
 74.10  reference to the statutory authority to conduct an interview on 
 74.11  school property.  For interviews conducted by the local welfare 
 74.12  agency, the notification shall be signed by the chair of the 
 74.13  local social services agency or the chair's designee.  The 
 74.14  notification shall be private data on individuals subject to the 
 74.15  provisions of this paragraph.  School officials may not disclose 
 74.16  to the parent, legal custodian, or guardian the contents of the 
 74.17  notification or any other related information regarding the 
 74.18  interview until notified in writing by the local welfare or law 
 74.19  enforcement agency that the investigation or assessment has been 
 74.20  concluded.  Until that time, the local welfare or law 
 74.21  enforcement agency shall be solely responsible for any 
 74.22  disclosures regarding the nature of the assessment or 
 74.23  investigation.  
 74.24     Except where the alleged offender is believed to be a 
 74.25  school official or employee, the time and place, and manner of 
 74.26  the interview on school premises shall be within the discretion 
 74.27  of school officials, but the local welfare or law enforcement 
 74.28  agency shall have the exclusive authority to determine who may 
 74.29  attend the interview.  The conditions as to time, place, and 
 74.30  manner of the interview set by the school officials shall be 
 74.31  reasonable and the interview shall be conducted not more than 24 
 74.32  hours after the receipt of the notification unless another time 
 74.33  is considered necessary by agreement between the school 
 74.34  officials and the local welfare or law enforcement agency.  
 74.35  Where the school fails to comply with the provisions of this 
 74.36  paragraph, the juvenile court may order the school to comply.  
 75.1   Every effort must be made to reduce the disruption of the 
 75.2   educational program of the child, other students, or school 
 75.3   staff when an interview is conducted on school premises.  
 75.4      (e) Where the alleged offender or a person responsible for 
 75.5   the care of the alleged victim or other minor prevents access to 
 75.6   the victim or other minor by the local welfare agency, the 
 75.7   juvenile court may order the parents, legal custodian, or 
 75.8   guardian to produce the alleged victim or other minor for 
 75.9   questioning by the local welfare agency or the local law 
 75.10  enforcement agency outside the presence of the alleged offender 
 75.11  or any person responsible for the child's care at reasonable 
 75.12  places and times as specified by court order.  
 75.13     (f) Before making an order under paragraph (e), the court 
 75.14  shall issue an order to show cause, either upon its own motion 
 75.15  or upon a verified petition, specifying the basis for the 
 75.16  requested interviews and fixing the time and place of the 
 75.17  hearing.  The order to show cause shall be served personally and 
 75.18  shall be heard in the same manner as provided in other cases in 
 75.19  the juvenile court.  The court shall consider the need for 
 75.20  appointment of a guardian ad litem to protect the best interests 
 75.21  of the child.  If appointed, the guardian ad litem shall be 
 75.22  present at the hearing on the order to show cause.  
 75.23     (g) The commissioner, the ombudsman for mental health and 
 75.24  mental retardation, the local welfare agencies responsible for 
 75.25  investigating reports, and the local law enforcement agencies 
 75.26  have the right to enter facilities as defined in subdivision 2 
 75.27  and to inspect and copy the facility's records, including 
 75.28  medical records, as part of the investigation.  Notwithstanding 
 75.29  the provisions of chapter 13, they also have the right to inform 
 75.30  the facility under investigation that they are conducting an 
 75.31  investigation, to disclose to the facility the names of the 
 75.32  individuals under investigation for abusing or neglecting a 
 75.33  child, and to provide the facility with a copy of the report and 
 75.34  the investigative findings. 
 75.35     (h) The local welfare agency shall collect available and 
 75.36  relevant information to ascertain whether maltreatment occurred 
 76.1   and whether protective services are needed.  Information 
 76.2   collected includes, when relevant, information with regard to 
 76.3   the person reporting the alleged maltreatment, including the 
 76.4   nature of the reporter's relationship to the child and to the 
 76.5   alleged offender, and the basis of the reporter's knowledge for 
 76.6   the report; the child allegedly being maltreated; the alleged 
 76.7   offender; the child's caretaker; and other collateral sources 
 76.8   having relevant information related to the alleged 
 76.9   maltreatment.  The local welfare agency may make a determination 
 76.10  of no maltreatment early in an assessment, and close the case 
 76.11  and retain immunity, if the collected information shows no basis 
 76.12  for a full assessment or investigation. 
 76.13     Information relevant to the assessment or investigation 
 76.14  must be asked for, and may include: 
 76.15     (1) the child's sex and age, prior reports of maltreatment, 
 76.16  information relating to developmental functioning, credibility 
 76.17  of the child's statement, and whether the information provided 
 76.18  under this clause is consistent with other information collected 
 76.19  during the course of the assessment or investigation; 
 76.20     (2) the alleged offender's age, a record check for prior 
 76.21  reports of maltreatment, and criminal charges and convictions.  
 76.22  The local welfare agency must provide the alleged offender with 
 76.23  an opportunity to make a statement.  The alleged offender may 
 76.24  submit supporting documentation relevant to the assessment or 
 76.25  investigation; 
 76.26     (3) collateral source information regarding the alleged 
 76.27  maltreatment and care of the child.  Collateral information 
 76.28  includes, when relevant:  (i) a medical examination of the 
 76.29  child; (ii) prior medical records relating to the alleged 
 76.30  maltreatment or the care of the child and an interview with the 
 76.31  treating professionals; and (iii) interviews with the child's 
 76.32  caretakers, including the child's parent, guardian, foster 
 76.33  parent, child care provider, teachers, counselors, family 
 76.34  members, relatives, and other persons who may have knowledge 
 76.35  regarding the alleged maltreatment and the care of the child; 
 76.36  and 
 77.1      (4) information on the existence of domestic abuse and 
 77.2   violence in the home of the child. 
 77.3      Nothing in this paragraph precludes the local welfare 
 77.4   agency from collecting other relevant information necessary to 
 77.5   conduct the assessment or investigation.  Notwithstanding the 
 77.6   data's classification in the possession of any other agency, 
 77.7   data acquired by the local welfare agency during the course of 
 77.8   the assessment or investigation are private data on individuals 
 77.9   and must be maintained in accordance with subdivision 11. 
 77.10     (i) In the initial stages of an assessment or 
 77.11  investigation, the local welfare agency shall conduct a 
 77.12  face-to-face observation of the child reported to be maltreated 
 77.13  and a face-to-face interview of the alleged offender.  The 
 77.14  interview with the alleged offender may be postponed if it would 
 77.15  jeopardize an active law enforcement investigation. 
 77.16     (j) The local welfare agency shall use a question and 
 77.17  answer interviewing format with questioning as nondirective as 
 77.18  possible to elicit spontaneous responses.  The following 
 77.19  interviewing methods and procedures must be used whenever 
 77.20  possible when collecting information: 
 77.21     (1) audio recordings of all interviews with witnesses and 
 77.22  collateral sources; and 
 77.23     (2) in cases of alleged sexual abuse, audio-video 
 77.24  recordings of each interview with the alleged victim and child 
 77.25  witnesses. 
 77.26     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
 77.27  626.556, subdivision 10e, is amended to read: 
 77.28     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 77.29  assessment or investigation it conducts, the local welfare 
 77.30  agency shall make two determinations:  first, whether 
 77.31  maltreatment has occurred; and second, whether child protective 
 77.32  services are needed.  When maltreatment is determined in an 
 77.33  investigation involving a facility, the investigating agency 
 77.34  shall also determine whether the facility or individual was 
 77.35  responsible for the maltreatment using the mitigating factors in 
 77.36  paragraph (d).  Determinations under this subdivision must be 
 78.1   made based on a preponderance of the evidence. 
 78.2      (a) For the purposes of this subdivision, "maltreatment" 
 78.3   means any of the following acts or omissions committed by a 
 78.4   person responsible for the child's care: 
 78.5      (1) physical abuse as defined in subdivision 2, paragraph 
 78.6   (d); 
 78.7      (2) neglect as defined in subdivision 2, paragraph (c); 
 78.8      (3) sexual abuse as defined in subdivision 2, paragraph 
 78.9   (a); or 
 78.10     (4) mental injury as defined in subdivision 2, paragraph 
 78.11  (k). 
 78.12     (b) For the purposes of this subdivision, a determination 
 78.13  that child protective services are needed means that the local 
 78.14  welfare agency has documented conditions during the assessment 
 78.15  or investigation sufficient to cause a child protection worker, 
 78.16  as defined in section 626.559, subdivision 1, to conclude that a 
 78.17  child is at significant risk of maltreatment if protective 
 78.18  intervention is not provided and that the individuals 
 78.19  responsible for the child's care have not taken or are not 
 78.20  likely to take actions to protect the child from maltreatment or 
 78.21  risk of maltreatment. 
 78.22     (c) This subdivision does not mean that maltreatment has 
 78.23  occurred solely because the child's parent, guardian, or other 
 78.24  person responsible for the child's care in good faith selects 
 78.25  and depends upon spiritual means or prayer for treatment or care 
 78.26  of disease or remedial care of the child, in lieu of medical 
 78.27  care.  However, if lack of medical care may result in serious 
 78.28  danger to the child's health, the local welfare agency may 
 78.29  ensure that necessary medical services are provided to the child.
 78.30     (d) When determining whether the facility or individual is 
 78.31  the responsible party for determined maltreatment in a facility, 
 78.32  the investigating agency shall consider at least the following 
 78.33  mitigating factors: 
 78.34     (1) whether the actions of the facility or the individual 
 78.35  caregivers were according to, and followed the terms of, an 
 78.36  erroneous physician order, prescription, individual care plan, 
 79.1   or directive; however, this is not a mitigating factor when the 
 79.2   facility or caregiver was responsible for the issuance of the 
 79.3   erroneous order, prescription, individual care plan, or 
 79.4   directive or knew or should have known of the errors and took no 
 79.5   reasonable measures to correct the defect before administering 
 79.6   care; 
 79.7      (2) comparative responsibility between the facility, other 
 79.8   caregivers, and requirements placed upon an employee, including 
 79.9   the facility's compliance with related regulatory standards and 
 79.10  the adequacy of facility policies and procedures, facility 
 79.11  training, an individual's participation in the training, the 
 79.12  caregiver's supervision, and facility staffing levels and the 
 79.13  scope of the individual employee's authority and discretion; and 
 79.14     (3) whether the facility or individual followed 
 79.15  professional standards in exercising professional judgment. 
 79.16     (e) The commissioner shall work with the maltreatment of 
 79.17  minors advisory committee established under Laws 1997, chapter 
 79.18  203, to make recommendations to further specify the kinds of 
 79.19  acts or omissions that constitute physical abuse, neglect, 
 79.20  sexual abuse, or mental injury.  The commissioner shall submit 
 79.21  the recommendation and any legislation needed by January 15, 
 79.22  1999.  Individual counties may implement more detailed 
 79.23  definitions or criteria that indicate which allegations to 
 79.24  investigate, as long as a county's policies are consistent with 
 79.25  the definitions in the statutes and rules and are approved by 
 79.26  the county board.  Each local welfare agency shall periodically 
 79.27  inform mandated reporters under subdivision 3 who work in the 
 79.28  county of the definitions of maltreatment in the statutes and 
 79.29  rules and any additional definitions or criteria that have been 
 79.30  approved by the county board. 
 79.31     Sec. 4.  Minnesota Statutes 1996, section 626.556, is 
 79.32  amended by adding a subdivision to read: 
 79.33     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 79.34  local social service or child protection agency may provide 
 79.35  relevant private data on individuals obtained under this section 
 79.36  to mandated reporters who have an ongoing responsibility for the 
 80.1   health, education, or welfare of a child affected by the data.  
 80.2   The commissioner shall consult with the maltreatment of minors 
 80.3   advisory committee to develop criteria for determining which 
 80.4   records may be shared with mandated reporters under this 
 80.5   subdivision.  
 80.6      Sec. 5.  Minnesota Statutes 1996, section 626.556, is 
 80.7   amended by adding a subdivision to read: 
 80.8      Subd. 10k.  [RELEASE OF CERTAIN INVESTIGATIVE RECORDS TO 
 80.9   OTHER COUNTIES.] Records maintained under subdivision 11c, 
 80.10  paragraph (a), may be shared with another local welfare agency 
 80.11  that requests the information because it is conducting an 
 80.12  investigation under this section of the subject of the records. 
 80.13     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
 80.14  626.556, subdivision 11c, is amended to read: 
 80.15     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 80.16  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 80.17  138.17, records maintained or records derived from reports of 
 80.18  abuse by local welfare agencies, court services agencies, or 
 80.19  schools under this section shall be destroyed as provided in 
 80.20  paragraphs (a) to (d) by the responsible authority. 
 80.21     (a) If upon assessment or investigation there is no 
 80.22  determination of maltreatment or the need for child protective 
 80.23  services, the records may must be maintained for a period of 
 80.24  four years.  After the individual alleged to have maltreated a 
 80.25  child is notified under subdivision 10f of the determinations at 
 80.26  the conclusion of the assessment or investigation, upon that 
 80.27  individual's request, records shall be destroyed within 30 days 
 80.28  or after the appeal rights under subdivision 10i have been 
 80.29  concluded, whichever is later.  Records under this paragraph may 
 80.30  not be used for employment, background checks, or purposes other 
 80.31  than to assist in future risk and safety assessments. 
 80.32     (b) All records relating to reports which, upon assessment 
 80.33  or investigation, indicate either maltreatment or a need for 
 80.34  child protective services shall be maintained for at least ten 
 80.35  years after the date of the final entry in the case record. 
 80.36     (c) All records regarding a report of maltreatment, 
 81.1   including any notification of intent to interview which was 
 81.2   received by a school under subdivision 10, paragraph (d), shall 
 81.3   be destroyed by the school when ordered to do so by the agency 
 81.4   conducting the assessment or investigation.  The agency shall 
 81.5   order the destruction of the notification when other records 
 81.6   relating to the report under investigation or assessment are 
 81.7   destroyed under this subdivision. 
 81.8      (d) Private or confidential data released to a court 
 81.9   services agency under subdivision 10h must be destroyed by the 
 81.10  court services agency when ordered to do so by the local welfare 
 81.11  agency that released the data.  The local welfare agency shall 
 81.12  order destruction of the data when other records relating to the 
 81.13  assessment or investigation are destroyed under this subdivision.
 81.14     Sec. 7.  Minnesota Statutes 1996, section 626.556, is 
 81.15  amended by adding a subdivision to read: 
 81.16     Subd. 15.  [AUDITING.] The commissioner of human services 
 81.17  shall regularly audit for accuracy the data reported by counties 
 81.18  on maltreatment of minors. 
 81.19     Sec. 8.  [RISK ASSESSMENT; PERFORMANCE MEASURES; EXTERNAL 
 81.20  REVIEW.] 
 81.21     Subdivision 1.  [RISK ASSESSMENT ALTERNATIVES.] 
 81.22  Notwithstanding any rule to the contrary, the commissioner of 
 81.23  human services may authorize local welfare agencies to research 
 81.24  and conduct pilot projects for alternative methods of child 
 81.25  protection risk assessment.  The commissioner shall give 
 81.26  priority to the establishment of at least one pilot project that 
 81.27  includes a study of domestic abuse and violence in the home as a 
 81.28  risk factor for children.  The commissioner shall report to the 
 81.29  appropriate committees in the house of representatives and the 
 81.30  senate on the outcomes of research and risk assessment pilot 
 81.31  projects by January 15, 2000. 
 81.32     Subd. 2.  [PERFORMANCE MEASUREMENT.] (a) The commissioner 
 81.33  of human services shall establish a task force of county and 
 81.34  state officials to identify: 
 81.35     (1) statewide measures of the performance of child welfare 
 81.36  services, including, but not limited to, screening, early 
 82.1   intervention services, assessment, number, episodes, and length 
 82.2   of stay in out-of-home placement, permanency, and adoption, and 
 82.3   steps needed to collect reliable information on these measures; 
 82.4   and 
 82.5      (2) potentially useful practices that individual counties 
 82.6   could use to monitor and evaluate child welfare services. 
 82.7      (b) The task force shall report its findings to the 
 82.8   commissioner by January 15, 1999.  The commissioner shall 
 82.9   recommend to appropriate committees of the legislature during 
 82.10  the 1999 regular session any legislative action required to 
 82.11  implement task force recommendations. 
 82.12     Subd. 3.  [COORDINATION OF CHILD WELFARE AND DOMESTIC ABUSE 
 82.13  SERVICES.] The commissioner of human services shall work with 
 82.14  the maltreatment of minors advisory committee established under 
 82.15  Laws 1997, chapter 203, to study and evaluate the opportunities 
 82.16  for coordination or integration of child welfare and domestic 
 82.17  abuse services for children and parents.  The commissioner shall 
 82.18  consult with consumers and child protection and domestic abuse 
 82.19  advocates.  The commissioner shall submit a report to the 
 82.20  legislature by January 15, 1999, that includes recommendations 
 82.21  for improving coordination between the domestic abuse and child 
 82.22  welfare systems for further integration of services. 
 82.23     Sec. 9.  [PLAN FOR EXTERNAL REVIEWS.] 
 82.24     By January 15, 1999, the commissioner of human services 
 82.25  shall present to the appropriate committees in the senate and 
 82.26  the house of representatives a plan for periodic external 
 82.27  reviews of: 
 82.28     (1) county compliance with state statutes and rules in the 
 82.29  area of child protection; and 
 82.30     (2) the appropriateness of decisions by county child 
 82.31  protection agencies in selected individual cases.  
 82.32     Nothing in section 8 or 9 prevents the commissioner from 
 82.33  developing and implementing performance measurement plans for 
 82.34  periodic reviews and best practices before January 15, 1999.