SF 4106

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 08:43am

A bill for an act
relating to human services; changing provisions regarding the juvenile treatment
screening team; modifying provisions regarding child foster care services payments
under Title IV-E of the Social Security Act; amending provisions regarding services
for homeless and sexually exploited children; adding provisions allowing counties
and tribes to reach agreements regarding oversight of Indian children's welfare;
providing for a child welfare response to child sex trafficking and sexual
exploitation of children; amending Minnesota Statutes 2018, sections 245.4871,
by adding a subdivision; 245.4885, subdivision 1; 256.0112, subdivision 10;
256.82, subdivision 2; 256B.092, by adding a subdivision; 256N.02, subdivision
14a; 256N.21, subdivisions 2, 5; 256N.24, subdivision 4; 260C.007, by adding a
subdivision; 260C.157, subdivision 3; 260C.202; 260C.204; 260C.212, subdivision
4a, by adding subdivisions; 260C.4412; 260C.503, by adding a subdivision;
260D.01; 260D.02, subdivisions 3, 5, 10, 11, by adding subdivisions; 260D.03;
260D.04; 260D.06; 260D.07; 260D.08; 260D.09; Minnesota Statutes 2019
Supplement, sections 260C.212, subdivision 2; 260C.503, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 256K; 260; 260D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 245.4871, is amended by adding a subdivision
to read:

new text begin Subd. 32a. new text end

new text begin Responsible social service agency. new text end

new text begin "Responsible social service agency" has
the meaning given in section 260C.007, subdivision 27b.
new text end

Sec. 2.

Minnesota Statutes 2018, section 245.4885, subdivision 1, is amended to read:

Subdivision 1.

Admission criteria.

(a) Prior to admission new text begin or placement new text end , except in the
case of new text begin an new text end emergency deleted text begin admission deleted text end , all children referred for treatment of severe emotional
disturbance in a treatment foster care setting, residential treatment facility, or informally
admitted to a regional treatment center shall undergo an assessment to determine the
appropriate level of care if public funds are used to pay for the services.

(b) deleted text begin The county board shall determine the appropriate level of care when county-controlled
funds are used to pay for the services. deleted text end new text begin When a responsible social service agency will have
or has placement responsibility under chapter 260C or 260D for a child to receive treatment
for an emotional disturbance in a residential treatment facility out of state or in state and
licensed by the commissioner of human services under chapter 245A, the juvenile treatment
screening team shall conduct screenings and make recommendations for residential treatment
as defined in section 260C.157. new text end When new text begin a social service agency does not have responsibility
for the child's placement and new text end the child is enrolled in a prepaid health program under section
256B.69, the enrolled child's contracted health plan must determine the appropriate level
of care. When Indian Health Services funds or funds of a tribally owned facility funded
under the Indian Self-Determination and Education Assistance Act, Public Law 93-638, are
to be used, the Indian Health Services or 638 tribal health facility must determine the
appropriate level of care. When more than one entity bears responsibility for coverage, the
entities shall coordinate level of care determination activities to the extent possible.

(c) The level of care determination shall new text begin inform the juvenile treatment screening team
and be made available to the assessment process in section 260D.03. When a responsible
social service agency is not involved in a determination of placement, the level of care
determination shall new text end determine whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual child's
need.

(d) When a level of care determination is conducted, the responsible new text begin social service agency
or other new text end entity may not determine that new text begin a screening or other new text end referral or admission to a treatment
foster care setting or residential treatment facility is not appropriate solely because services
were not first provided to the child in a less restrictive setting and the child failed to make
progress toward or meet treatment goals in the less restrictive setting. The level of care
determination must be based on a diagnostic assessment that includes a functional assessment
which evaluates family, school, and community living situations; and an assessment of the
child's need for care out of the home using a validated tool which assesses a child's functional
status and assigns an appropriate level of care. The validated tool must be approved by the
commissioner of human services. If a diagnostic assessment including a functional assessment
has been completed by a mental health professional within the past 180 days, a new diagnostic
assessment need not be completed unless in the opinion of the current treating mental health
professional the child's mental health status has changed markedly since the assessment
was completed. The child's parent shall be notified if an assessment will not be completed
and of the reasons. A copy of the notice shall be placed in the child's file. Recommendations
developed as part of the level of care determination process shall include specific community
services needed by the child and, if appropriate, the child's family, and shall indicate whether
or not these services are available and accessible to the child and family.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.

(f) deleted text begin The level of care determination shall comply with section 260C.212. The parent shall
be consulted in the process, unless clinically detrimental to the child. deleted text end new text begin When the responsible
social service agency has placement authority, the agency must engage parents in case
planning, consistent with section 260C.212, subdivisions 1 and 1a, unless a court terminates
parental rights or court orders restrict the parent's participation in case planning, visitation,
or parental responsibilities.
new text end

(g) The level of care determination, and placement decision, and recommendations for
mental health services must be documented in the child's record new text begin as required in chapters
260C and 260D new text end .

Sec. 3.

Minnesota Statutes 2018, section 256.0112, subdivision 10, is amended to read:

Subd. 10.

Contracts for child foster care services.

When local agencies negotiate lead
county contracts or purchase of service contracts for child foster care services, the foster
care maintenance payment made on behalf of the child shall follow the provisions of
Northstar Care for Children, chapter 256N. Foster care maintenance payments as defined
in section 256N.02, subdivision 15, represent costs for activities similar in nature to those
expected of parents and do not cover services rendered by the licensed or tribally approved
foster parent deleted text begin , facility, deleted text end or administrative costs or fees. Payments made to foster parents must
follow the requirements of section 256N.26, subdivision 15. The legally responsible agency
must provide foster parents with the assessment and notice as specified in section 256N.24.
The financially responsible agency is permitted to make additional payments for specific
services provided by the foster parents deleted text begin or facility deleted text end , as permitted in section 256N.21,
subdivision 5. These additional payments are not considered foster care maintenance.

Sec. 4.

Minnesota Statutes 2018, section 256.82, subdivision 2, is amended to read:

Subd. 2.

Foster care maintenance payments.

new text begin (a) new text end For the purpose of foster care
maintenance payments under title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the county new text begin or American Indian child welfare initiative tribes under
section 256.01, subdivision 14b, new text end paying the maintenance costs must be reimbursed for the
costs from the federal money available for the purpose. Beginning July 1, 1997, for the
purposes of determining a child's eligibility under title IV-E of the Social Security Act, the
placing agency shall use AFDC requirements in effect on July 16, 1996.

new text begin (b) For the purpose of foster care maintenance payments under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676, the state is responsible to
approve child care institutions for the county paying these costs to be reimbursed from the
federal money available for such purpose. The facility must be licensed by the state or
approved or licensed by a tribe.
new text end

Sec. 5.

Minnesota Statutes 2018, section 256B.092, is amended by adding a subdivision
to read:

new text begin Subd. 4e. new text end

new text begin Children with developmental disabilities in out-of-home placement. new text end

new text begin (a)
When a responsible social service agency as defined in section 260C.007, subdivision 27a,
is considering out-of-home placement for a child with developmental disabilities to access
services, the agency must either:
new text end

new text begin (1) determine that the child's needs may be met in a family foster home and establish
placement authority through voluntary placement or court order, consistent with chapters
260C or 260D; or
new text end

new text begin (2) conduct a screening consistent with section 260C.157 to determine out-of-home
placement in a qualified residential treatment program and, if placement is recommended,
initiate the processes in section 260D.03.
new text end

new text begin (b) A child cannot be placed out of the child's home without placement authority, except
for respite services that are for less than 30 days in duration.
new text end

Sec. 6.

new text begin [256K.451] MINOR CONSENT TO HOMELESS AND SEXUALLY
EXPLOITED YOUTH SERVICES.
new text end

new text begin Any minor living separate and apart from a parent or legal guardian may give consent
to receive homeless youth services and services for sexually exploited youth. This does not
affect a parent's or guardian's legal custody.
new text end

Sec. 7.

Minnesota Statutes 2018, section 256N.02, subdivision 14a, is amended to read:

Subd. 14a.

Licensed child foster parent.

"Licensed child foster parent" means deleted text begin a person deleted text end new text begin
an individual or family new text end who is licensed for child foster care under Minnesota Rules, deleted text begin parts
2960.3000 to 2960.3340 deleted text end new text begin chapter 2960, excluding foster residence settings licensed under
parts 2690.3200 to 2960.3230 new text end , or licensed new text begin or approved new text end by a Minnesota tribe in accordance
with tribal standards new text begin , in which the approved or licensed individual or family resides with
the foster child new text end .

Sec. 8.

Minnesota Statutes 2018, section 256N.21, subdivision 2, is amended to read:

Subd. 2.

Placement in foster care.

To be eligible for foster care benefits under this
section, the child must be in placement away from the child's legal parent, guardian, or
Indian custodian as defined in section 260.755, subdivision 10, and must meet one of the
criteria in clause (1) and either clause (2) or (3):

(1) the legally responsible agency must have placement authority to place the child with:
(i) a voluntary placement agreement or a court order, consistent with sections 260B.198,
260C.001, and 260D.01, or consistent with section 260C.451 for a child 18 years old or
older and under age 21 who maintains eligibility for foster care; or (ii) a voluntary placement
agreement or court order by a Minnesota tribe that is consistent with United States Code,
title 42, section 672(a)(2); and

(2) the child is placed with a licensed child foster parent new text begin who resides with the child new text end ; or

(3) the child is placed in one of the following unlicensed child foster care settings:

(i) an emergency relative placement under tribal licensing regulations or section
245A.035, with the legally responsible agency ensuring the relative completes the required
child foster care application process;

(ii) a licensed adult foster home with an approved age variance under section 245A.16
for no more than six months new text begin , where the license holder resides with the child new text end ;

(iii) for a child 18 years old or older and under age 21 who is eligible for extended foster
care under section 260C.451, an unlicensed supervised independent living setting approved
by the agency responsible for the child's care; or

(iv) a preadoptive placement in a home specified in section 245A.03, subdivision 2,
paragraph (a), clause (9), with an approved adoption home study and signed adoption
placement agreement.

Sec. 9.

Minnesota Statutes 2018, section 256N.21, subdivision 5, is amended to read:

Subd. 5.

Excluded activities.

The basic and supplemental difficulty of care payment
represents costs for activities similar in nature to those expected of parents, and does not
cover services rendered by the licensed or tribally approved foster parent, facility, or
administrative costs or fees. The financially responsible agency may pay an additional fee
for specific services provided by the licensed foster parent or facility. A foster parent deleted text begin or
residence setting deleted text end must distinguish such a service from the daily care of the child as assessed
through the process under section 256N.24.

Sec. 10.

Minnesota Statutes 2018, section 256N.24, subdivision 4, is amended to read:

Subd. 4.

Extraordinary levels.

(a) The assessment tool established under subdivision
2 must provide a mechanism through which up to five levels can be added to the supplemental
difficulty of care for a particular child under section 256N.26, subdivision 4. In establishing
the assessment tool, the commissioner must design the tool so that the levels applicable to
the portions of the assessment other than the extraordinary levels can accommodate the
requirements of this subdivision.

(b) These extraordinary levels are available when all of the following circumstances
apply:

(1) the child has extraordinary needs as determined by the assessment tool provided for
under subdivision 2, and the child meets other requirements established by the commissioner,
such as a minimum score on the assessment tool;

(2) the child's extraordinary needs require extraordinary care and intense supervision
that is provided by the child's caregiver as part of the parental duties as described in the
supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary
care provided by the caregiver is required so that the child can be safely cared for in the
home and community, and prevents residential placement;

(3) the child is physically living in a foster family setting, as defined in Minnesota Rules,
part 2960.3010, subpart 23, deleted text begin in a foster residence setting, deleted text end or physically living in the home
with the adoptive parent or relative custodian; and

(4) the child is receiving the services for which the child is eligible through medical
assistance programs or other programs that provide necessary services for children with
disabilities or other medical and behavioral conditions to live with the child's family, but
the agency with caregiver's input has identified a specific support gap that cannot be met
through home and community support waivers or other programs that are designed to provide
support for children with special needs.

(c) The agency completing an assessment, under subdivision 2, that suggests an
extraordinary level must document as part of the assessment, the following:

(1) the assessment tool that determined that the child's needs or disabilities require
extraordinary care and intense supervision;

(2) a summary of the extraordinary care and intense supervision that is provided by the
caregiver as part of the parental duties as described in the supplemental difficulty of care
rate, section 256N.02, subdivision 21;

(3) confirmation that the child is currently physically residing in the foster family setting
or in the home with the adoptive parent or relative custodian;

(4) the efforts of the agency, caregiver, parents, and others to request support services
in the home and community that would ease the degree of parental duties provided by the
caregiver for the care and supervision of the child. This would include documentation of
the services provided for the child's needs or disabilities, and the services that were denied
or not available from the local social service agency, community agency, the local school
district, local public health department, the parent, or child's medical insurance provider;

(5) the specific support gap identified that places the child's safety and well-being at risk
in the home or community and is necessary to prevent residential placement; and

(6) the extraordinary care and intense supervision provided by the foster, adoptive, or
guardianship caregivers to maintain the child safely in the child's home and prevent residential
placement that cannot be supported by medical assistance or other programs that provide
services, necessary care for children with disabilities, or other medical or behavioral
conditions in the home or community.

(d) An agency completing an assessment under subdivision 2 that suggests an
extraordinary level is appropriate must forward the assessment and required documentation
to the commissioner. If the commissioner approves, the extraordinary levels must be
retroactive to the date the assessment was forwarded.

Sec. 11.

new text begin [260.7611] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin County and tribal agreements for the screening of maltreatment
reports of Indian children. new text end

new text begin A tribe and a county may enter into a written agreement that
transfers responsibility for the screening and initial response to a child maltreatment report
regarding an Indian child who is a resident of the county where the Indian reservation is
located, from the county to the tribe. An agreement under this subdivision shall include a
provision that clarifies whether the county or the tribe is responsible for ongoing case
management stemming from a child maltreatment report.
new text end

new text begin Subd. 2. new text end

new text begin Transfer to tribal social service agency. new text end

new text begin When a county and tribe do not have
an agreement under subdivision 1, the local social service agency shall transfer a family
assessment or investigation, as defined in section 626.556, subdivision 2, regarding an
Indian child to the tribal social service agency of the Indian child's tribe, if: (1) the Indian
child's reservation is located within the county; (2) the Indian child's parent, legal guardian,
Indian custodian, or tribe requested the transfer; and (3) the tribal social service agency of
the Indian child's tribe agrees to accept the family assessment or investigation. When a
family assessment or investigation regarding an Indian child is not transferred to the tribal
social service agency, the family assessment or investigation shall remain the responsibility
of the local social service agency. Nothing in this section shall alter the county's
responsibilities for law enforcement or court services.
new text end

Sec. 12.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 27b. new text end

new text begin Residential treatment facility. new text end

new text begin "Residential treatment facility" means a
program that provides treatment for children with emotional disturbance, consistent with
section 245.4871, subdivision 32, and includes a licensed residential program specializing
in caring for children with a developmental delay or related condition. This does not include
a psychiatric residential treatment facility, as described in section 256B.0941, or a family
foster home as defined in section 260D.02.
new text end

Sec. 13.

Minnesota Statutes 2018, section 260C.157, subdivision 3, is amended to read:

Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings deleted text begin and prepare case
plans deleted text end under this chapter, chapter 260D, and section 245.487, subdivision 3 new text begin , in order for a
child to receive treatment for an emotional disturbance, a developmental disability, or related
condition in a residential treatment facility that is out of state or in state and licensed by the
commissioner of human services under chapter 245A or licensed by a tribe. A screening
team is not required for a child to be in a residential facility specializing in prenatal,
postpartum, or parenting support, or a facility specializing in high-quality residential care
and supportive services to children and youth who have been found to be, or at risk of
becoming, sex trafficking victims new text end .

new text begin (b) new text end Screenings shall be conducted within 15 days of a request for a screening, unless the
screening is for the purpose of deleted text begin placement in mental health deleted text end residential treatment and the
child is enrolled in a prepaid health program under section 256B.69 in which case the
screening shall be conducted within ten working days of a request. The team, which may
be the team constituted under section 245.4885 or 256B.092 or Minnesota Rules, parts
9530.6600 to 9530.6655, shall new text begin be convened by the responsible social service agency and
new text end consist of social workers deleted text begin , juvenile justice professionals, deleted text end new text begin ; new text end persons with expertise in the
treatment of juveniles who are emotionally disabled, chemically dependent, or have a
developmental disability deleted text begin , and the child's parent, guardian, or permanent legal custodian
under Minnesota Statutes 2010, section 260C.201, subdivision 11, or section 260C.515,
subdivision 4. The team may be the same team as defined in section 260B.157, subdivision
3. deleted text end new text begin ; and parents or custodians. The team may include the child's biological family members,
relatives of the child as defined in section 260C.007, subdivisions 26b and 27, and
professionals who are a resource to the family of the child such as teachers, medical or
mental health providers who have treated the child, and clergy, consistent with the family
and permanency team as defined in section 260D.02. Prior to the formation of the team, the
responsible social service agency must consult the child, their parents, and the child's tribe
to ensure the team is family-centered and is consistent with the child's best interest.
new text end

deleted text begin (b) The social services agency shall determine whether a child brought to its attention
for the purposes described in this section is an Indian child, as defined in section 260C.007,
subdivision 21, and shall determine the identity of the Indian child's tribe, as defined in
section 260.755, subdivision 9. When a child to be evaluated deleted text end new text begin (c) After the inquiry and notice
to tribes under section 260.761, and the child screened new text end is an Indian child, the deleted text begin team provided
in paragraph (a) shall include deleted text end new text begin responsible social service agency must make a rigorous and
concerted effort to involve new text end a designated representative of the Indian child's tribe new text begin on the
juvenile treatment screening team new text end , unless the child's tribal authority declines to appoint a
representative. The Indian child's tribe may delegate its authority to represent the child to
any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12. new text begin
The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835, must be applied to this section.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end If the court, prior to, or as part of, a final disposition, new text begin or other court order new text end proposes
deleted text begin to place a child: deleted text end new text begin residential treatment for a child with an emotional or developmental
disability, the responsible social service agency must conduct a screening. If the team
recommends treatment in a qualified residential treatment program, the agency shall initiate
the assessment and court review as required in section 260D.03 and assemble the child's
family and permanency team as required in section 260D.032.
new text end

deleted text begin (1) for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency in a residential treatment facility out of state or in one
which is within the state and licensed by the commissioner of human services under chapter
245A; or
deleted text end

deleted text begin (2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional placement in a facility licensed by the commissioner of corrections or
human services, deleted text end The court shall ascertain whether the child is an Indian child and shall
notify the deleted text begin county welfare agency deleted text end new text begin responsible social service agency new text end and, if the child is an
Indian child, shall notify the Indian child's tribe new text begin consistent with paragraph (c) new text end . deleted text begin The county's
juvenile treatment screening team must either: (i) screen and evaluate the child and file its
recommendations with the court within 14 days of receipt of the notice; or (ii) elect not to
screen a given case and notify the court of that decision within three working days.
deleted text end

deleted text begin (d) The child may not be placed for the primary purpose of treatment for an emotional
disturbance, a developmental disability, or chemical dependency, in a residential treatment
facility out of state nor in a residential treatment facility within the state that is licensed
under chapter 245A, unless one of the following conditions applies:
deleted text end

deleted text begin (1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;
deleted text end

deleted text begin (2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or
deleted text end

deleted text begin (3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.
deleted text end

deleted text begin (e) When the county's juvenile treatment screening team has elected to screen and evaluate
a child determined to be an Indian child, the team shall provide notice to the tribe or tribes
deleted text end deleted text begin that accept jurisdiction for the Indian child or that recognize the child as a member of the
tribe or as a person eligible for membership in the tribe, and permit the tribe's representative
to participate in the screening team.
deleted text end

new text begin (e) When the responsible social service agency has placement and care responsibilities
and the screening team recommends a child to be placed in a qualified residential treatment
program, as defined in section 260D.02, the assessment and processes required in section
260D.03 must begin without delay and a relative search must be conducted according to
section 260C.221 in order to assemble the child's family and permanency team as required
in section 260D.032. The child, when appropriate, and the child's parents may specify a
culturally competent qualified individual to complete the assessment. The agency shall
make efforts to refer the assessment to the identified qualified individual. The assessment
may not be delayed for the purpose of having the assessment completed by a specific
qualified individual.
new text end

new text begin (f) When a screening team determines that a child's needs do not require treatment in a
qualified residential treatment program, the screening process will include:
new text end

new text begin (1) documentation of the services and supports that will prevent foster care placement
and will support the child remaining at home;
new text end

new text begin (2) documentation of the services and supports that will be arranged by the agency for
the child's placement in a family foster home; or
new text end

new text begin (3) documentation of the services and supports provided in any other setting.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end When the Indian child's tribe or tribal health care services provider or Indian
Health Services provider proposes to place a child for the primary purpose of treatment for
an emotional disturbance, a developmental disability, or co-occurring emotional disturbance
and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe
shall submit necessary documentation to the county juvenile treatment screening team,
which must invite the Indian child's tribe to designate a representative to the screening team.

new text begin (h) The responsible social service agency must conduct and document the screening on
a format developed by the commissioner of human services.
new text end

Sec. 14.

Minnesota Statutes 2018, section 260C.202, is amended to read:

260C.202 COURT REVIEW OF FOSTER CARE.

(a) If the court orders a child placed in foster care, the court shall review the out-of-home
placement plan and the child's placement at least every 90 days as required in juvenile court
rules to determine whether continued out-of-home placement is necessary and appropriate
or whether the child should be returned home. new text begin When a child is placed in a qualified residential
treatment program setting, as defined in section 260D.02, subdivision 13c, the responsible
social service agency must submit evidence to the court documenting the assessments
services and agency efforts specified in section 260D.06 and the out-of-home placement
plan requirements in section 260C.212, subdivision 1a. new text end This review is not required if the
court has returned the child home, ordered the child permanently placed away from the
parent under sections 260C.503 to 260C.521, or terminated rights under section 260C.301.
Court review for a child permanently placed away from a parent, including where the child
is under guardianship of the commissioner, shall be governed by section 260C.607.

(b) No later than three months after the child's placement in foster care, the court shall
review agency efforts pursuant to section 260C.221, and order that the efforts continue if
the agency has failed to perform the duties under that section. The court must order the
agency to continue to appropriately engage relatives who responded to the notice under
section 260C.221 in placement and case planning decisions and to engage other relatives
who came to the agency's attention after notice under section 260C.221 was sent.

(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.

(d) When the court orders transfer of custody to a responsible social services agency
resulting in foster care or protective supervision with a noncustodial parent under subdivision
1, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503
to 260C.521, as required under juvenile court rules.

(e) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.

Sec. 15.

Minnesota Statutes 2018, section 260C.204, is amended to read:

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:

(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;

(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;

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

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

new text begin (b) When a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessment services and agency efforts specified in
section 260D.03, subdivision 6.
new text end

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

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

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

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

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

(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.

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

(i) to develop a plan for legally permanent placement of the child away from the parent;

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

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

deleted text begin (d) deleted text end new text begin (e) new text end Following the review under this section:

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

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

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

Sec. 16.

Minnesota Statutes 2018, section 260C.212, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Out-of-home placement; plan for qualified residential treatment
program. new text end

new text begin (a) When the responsible social service agency has placement and care
responsibilities and the child is placed in a qualified residential treatment program, as defined
in section 260D.02, subdivision 13c, out of state or licensed under chapter 245A, the
following requirements must be met:
new text end

new text begin (1) the case plan requirements in subdivision 1;
new text end

new text begin (2) the reasonable and good-faith effort of the responsible social service agency to
identify and include all the individuals required to be on the child's family and permanency
team, as defined in section 260D.02, subdivision 9a;
new text end

new text begin (3) all contact information for members of the child's family and permanency team, as
well as contact information for other relatives who are not part of the family and permanency
team;
new text end

new text begin (4) evidence that meetings of the family and permanency team, including meetings
relating to the required assessment under section 260D.03 of the appropriateness of the
qualified residential treatment program placement, are held at a time and place convenient
for the family;
new text end

new text begin (5) if reunification is the goal, evidence demonstrating that the parent from whom the
child was removed provided input on the members of the family and permanency team, as
specified in section 260D.032;
new text end

new text begin (6) evidence that the assessment required under section 260D.03 to determine the
appropriateness of the qualified residential treatment program is determined in conjunction
with the family and permanency team;
new text end

new text begin (7) the placement preferences of the family and permanency team relative to the
assessment required under 260D.03 that recognizes children should be placed with their
siblings unless there is a finding by the court that such placement is contrary to their best
interest, consistent with section 260C.193, subdivision 3, paragraph (g), the Indian Child
Welfare Act, and the Minnesota Family Preservation Act as defined in sections 260.751 to
260.835;
new text end

new text begin (8) if the placement preferences of the parent, family and permanency team, and child
are not the placement setting recommended by the qualified individual, as defined in section
260D.02, subdivision 13b, conducting the assessment required under section 260D.03 of
the appropriateness of the qualified residential treatment program placement, the case plan
must include the reasons why the preferences of the parent, family and permanency team,
and child were not recommended; and
new text end

new text begin (9) the written recommendation by the qualified individual regarding the appropriateness
of the qualified residential treatment program placement and the court approval or disapproval
of the qualified residential treatment program placement as required in section 260D.03,
subdivision 5.
new text end

new text begin (b) The out-of-home placement plan for a qualified residential treatment program
placement is filed with the court as part of the 60-day hearing, as required in section 260D.03,
subdivision 5.
new text end

new text begin (c) When reunification is the permanency goal, the case plan must identify services and
supports that maintain the parent-child relationship; the parent's legal authority,
decision-making, and responsibility for ongoing planning for the child; and the agency
assisting the parent, where necessary, to exercise the parent's ongoing right and obligation
to visit or have reasonable contact with the child. Ongoing planning means:
new text end

new text begin (1) actively participating in the planning and provision of educational services, medical
care, and dental care for the child;
new text end

new text begin (2) actively planning and participating with the agency and the facility for the child's
treatment needs; and
new text end

new text begin (3) planning to meet the child's need for safety, stability, and permanency, and the child's
need to stay connected to the child's family and community.
new text end

new text begin (d) When reunification is not the permanency goal, the case plan must document the
steps to finalize adoption or a transfer of permanent legal and physical custody to a relative
as required in subdivision 1, paragraph (c), clauses (6) and (7).
new text end

Sec. 17.

Minnesota Statutes 2018, section 260C.212, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Out-of-home placement plan update. new text end

new text begin (a) The out-of-home placement plan
must be updated, signed, and copies provided to the parent, foster parent or facility, guardian
ad litem, child's tribe, and child as appropriate, and filed with the court as follows:
new text end

new text begin (1) consistent with subdivisions 1 and 1a, the out-of-home placement plan must be
updated within 30 days whenever a child is placed in a foster care setting or moved from
one placement setting to another to address the child's needs, support services, education
plan, oversight and continuity of the health care services, qualified residential treatment
program case plan requirements, and any other required elements of the plan that must be
updated based on the child's move;
new text end

new text begin (i) when a child moves to a qualified residential treatment program setting or from one
qualified residential treatment program setting to a different qualified residential treatment
program setting, the out-of-home placement plan is filed with the court as part of the 60-day
hearing, as required in section 260D.03, subdivision 5, and must be updated after the court
approval or disapproval as specified in section 260D.03, subdivision 5;
new text end

new text begin (ii) when a child moves from a family foster home, shelter care facility, or other
residential home to a different setting or court-ordered trial home visit, the agency must file
the updated plan with the court at the next required review hearing;
new text end

new text begin (2) consistent with section 260C.190, the out-of-home placement plan must identify the
licensed residential substance use disorder treatment program placement prior to placing a
foster child with their parent in a program, and the out-of-home placement plan must be
filed with the court at the next required review hearing; and
new text end

new text begin (3) consistent with sections 260C.227, 260C.503, and 260D.07, the out-of-home
placement plan must be updated and filed with the permanency petition.
new text end

new text begin (b) When none of the items in paragraph (a) apply, the out-of-home placement plan must
be updated no later than 180 days after the initial placement and every six months thereafter,
consistent with section 260C.203, paragraph (a). The permanency progress review must
also be regularly conducted in accordance with section 260C.204.
new text end

Sec. 18.

Minnesota Statutes 2019 Supplement, section 260C.212, subdivision 2, is amended
to read:

Subd. 2.

Placement decisions based on best interests of the child.

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

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

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

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

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

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

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's relationship to current caretakers, parents, siblings, and relatives;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

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

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

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan. The agency may consider additional factors not identified in paragraph (b). The
agency's determination must be documented in the child's case plan before the child is
colocated with a parent.

new text begin (g) In cases where the juvenile treatment screening team, as defined in section 260C.157,
recommends the child be placed in a qualified residential treatment program, as defined in
section 260D.02, subdivision 13c, the assessment and court review processes required in
section 260D.03 determine the appropriateness of placement decision.
new text end

Sec. 19.

Minnesota Statutes 2018, section 260C.212, subdivision 4a, is amended to read:

Subd. 4a.

Monthly caseworker visits.

(a) Every child in foster care or on a trial home
visit shall be visited by the child's caseworker or another person who has responsibility for
visitation of the child on a monthly basis, with the majority of visits occurring in the child's
residence. new text begin The responsible social service agency may designate another person responsible
for monthly case visits. new text end For the purposes of this section, the following definitions apply:

(1) "visit" is defined as a face-to-face contact between a child and the child's caseworker;

(2) "visited on a monthly basis" is defined as at least one visit per calendar month;

(3) "the child's caseworker" is defined as the person who has responsibility for managing
the child's foster care placement case as assigned by the responsible social service agency;
deleted text begin and
deleted text end

new text begin (4) "another person" is defined as the professional staff assigned by the responsible
social service agency in the case plan. Another person is professionally trained to adequately
assess safety, permanency, well-being, and evaluate the child's case progress. Guardian ad
litem, the child foster care provider, residential facility staff, or qualified individual as
defined in section 260D.02, are not qualified to be designated as another person; and
new text end

deleted text begin (4) deleted text end new text begin (5) new text end "the child's residence" is defined as the home where the child is residing, and can
include the foster home, child care institution, or the home from which the child was removed
if the child is on a trial home visit.

(b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child, including whether the child is enrolled and attending school as
required by law.

Sec. 20.

Minnesota Statutes 2018, section 260C.4412, is amended to read:

260C.4412 PAYMENT FOR RESIDENTIAL PLACEMENTS.

new text begin (a) new text end When a child is placed in a foster care group residential setting under Minnesota
Rules, parts 2960.0020 to 2960.0710, new text begin a foster residences setting under Minnesota Rules,
parts 2960.3200 to 2960.3230, or a children's residential facility licensed or approved by a
tribe, new text end foster care maintenance payments must be made on behalf of the child to cover the
cost of providing food, clothing, shelter, daily supervision, school supplies, child's personal
incidentals and supports, reasonable travel for visitation, or other transportation needs
associated with the items listed. Daily supervision in the group residential setting includes
routine day-to-day direction and arrangements to ensure the well-being and safety of the
child. It may also include reasonable costs of administration and operation of the facility.

new text begin (b) The commissioner of human services shall specify the Title IV-E administrative
procedures, consistent with section 256.82, for residential programs meeting one of the
following specified settings:
new text end

new text begin (1) residential programs listed under chapter 245A or licensed by the a tribe, including:
new text end

new text begin (i) qualified residential treatment programs, as defined in section 260D.02;
new text end

new text begin (ii) settings specializing in providing prenatal, postpartum, or parenting supports for
youth; and
new text end

new text begin (iii) settings providing high-quality residential care and supportive services to children
and youth who have been found to be, or are at risk of becoming, sex trafficking victims;
new text end

new text begin (2) licensed residential substance use disorder treatment programs as defined in section
260C.007, subdivision 22a; and
new text end

new text begin (3) supervised settings, in which a foster child age 18 or older may live independently,
consistent with section 260C.451.
new text end

Sec. 21.

Minnesota Statutes 2019 Supplement, section 260C.503, subdivision 1, is amended
to read:

Subdivision 1.

Required permanency proceedings.

(a) deleted text begin Except for children in foster
care pursuant to chapter deleted text end deleted text begin 260D deleted text end deleted text begin , where deleted text end new text begin When new text end the child is in foster care or in the care of a
noncustodial or nonresident parent, the court shall commence proceedings to determine the
permanent status of a child by holding the admit-deny hearing required under section
260C.507 not later than 12 months after the child is placed in foster care or in the care of a
noncustodial or nonresident parent. Permanency proceedings for children in new text begin voluntary new text end foster
care deleted text begin pursuant to chapter deleted text end deleted text begin 260D deleted text end new text begin for treatment as defined in section 260D.02, subdivision 16, new text end
shall be according to section 260D.07.

(b) Permanency proceedings for a foster child who is colocated with a parent in a licensed
residential family-based substance use disorder treatment program shall be conducted
according to section 260C.190.

Sec. 22.

Minnesota Statutes 2018, section 260C.503, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Qualified residential treatment program; permanency hearing
requirements. new text end

new text begin When a child is placed in a qualified residential treatment program setting,
as defined in section 260D.02, subdivision 13c, the responsible social service agency must
submit evidence to the court at the permanency hearing documenting the assessments,
services, and agency efforts required in section 260D.03.
new text end

Sec. 23.

Minnesota Statutes 2018, section 260D.01, is amended to read:

260D.01 CHILD IN deleted text begin VOLUNTARY deleted text end FOSTER CARE FOR TREATMENT.

(a) Sections 260D.01 to 260D.10, may be cited as the "child in deleted text begin voluntary deleted text end foster care for
treatment" provisions of the Juvenile Court Act. new text begin This chapter applies when the responsible
social service agency determines a child must receive treatment for an emotional disturbance,
a developmental disability, or related condition in a residential facility out of state or in
state and licensed by the commissioner of human services under chapter 245A or licensed
or approved by a tribe or state where the facility is located.
new text end

(b) The juvenile court has original and exclusive jurisdiction over a child in deleted text begin voluntary deleted text end
foster care for treatment upon the filing of a report or petition required under this chapter.
All obligations of the agency to a child and family in foster care contained in chapter 260C
not inconsistent with this chapter are also obligations of the agency with regard to a child
in foster care for treatment under this chapter.

(c) This chapter shall be construed consistently with the mission of the children's mental
health service system as set out in section 245.487, subdivision 3, and the duties of an agency
under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016,
to meet the needs of a child with a developmental disability or related condition new text begin , when a
child must be placed away from their parents in foster care and needs treatment new text end . This chapter:

(1) establishes deleted text begin voluntary deleted text end foster care new text begin for treatment when the responsible social service
agency's juvenile treatment screening team, as specified in section 260C.157, conducts a
screening consistent with the process developed by the commissioner of human services
recommending placement and initiating of the assessment process in section 260C.03 new text end
through new text begin :
new text end

new text begin (i) new text end a voluntary foster care agreement as the means for an agency and a parent to provide
needed treatment when the child must be in foster care to receive necessary treatment for
an emotional disturbance or developmental disability or related condition; new text begin or
new text end

new text begin (ii) a court order under section 260C.178, 260C.201, 260C.202, 260C.325, or 260C.515,
subdivision 5;
new text end

(2) establishes court review requirements for a child in voluntary foster care for treatment
due to emotional disturbance or developmental disability or a related condition;

(3) establishes the deleted text begin ongoing responsibility of the parent as legal custodian to visit the
child, to plan together with the agency for the child's treatment needs, to be available and
accessible to the agency to make treatment decisions, and to obtain necessary medical,
dental, and other care for the child deleted text end new text begin requirement that the responsible social service agency
must assemble a family and permanency team for a child in foster care for treatment as
specified in section 260D.032 and participate in case planning as specified in 260C.212,
subdivision 1a, until permanency is achieved and the foster care placement ends new text end ; deleted text begin and
deleted text end

(4) applies to deleted text begin voluntary deleted text end foster care new text begin for treatment new text end when the deleted text begin child's parent and the agency
agree deleted text end new text begin responsible social service agency has placement and care responsibilities and the
assessment in section 260D.03, subdivision 1, and court review under section 260D.03,
subdivision 5, determines new text end that the child's deleted text begin treatment deleted text end needs deleted text begin require foster care either: deleted text end new text begin requires
placement in a qualified residential treatment program; and
new text end

deleted text begin (i) due to a level of care determination by the agency's screening team informed by the
diagnostic and functional assessment under section 245.4885; or
deleted text end

deleted text begin (ii) due to a determination regarding the level of services needed by the responsible
social services' screening team under section 256B.092, and Minnesota Rules, parts
9525.0004 to 9525.0016.
deleted text end

new text begin (5) establishes voluntary foster care for treatment when the juvenile treatment screening
team under section 260C.157 recommends placement to access treatment, assessment in
section 260D.03, subdivision 1, or court review in section 260D.03, subdivision 5, determines
the child's needs for treatment may be met in a family foster home or less restrictive setting,
and the child's parent and agency agree.
new text end

deleted text begin (d) This chapter does not apply when there is a current determination under section
626.556 that the child requires child protective services or when the child is in foster care
for any reason other than treatment for the child's emotional disturbance or developmental
disability or related condition. When there is a determination under section 626.556 that
the child requires child protective services based on an assessment that there are safety and
risk issues for the child that have not been mitigated through the parent's engagement in
services or otherwise, or when the child is in foster care for any reason other than the child's
emotional disturbance or developmental disability or related condition, the provisions of
chapter 260C apply.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end The paramount consideration in all proceedings concerning a child in deleted text begin voluntary deleted text end
foster care for treatment is the safety, health, and the best interests of the child. The purpose
of this chapter is:

(1) to ensure a child with deleted text begin a disability deleted text end new text begin an emotional disturbance, developmental disability,
or related condition new text end is provided the services necessary to treat or ameliorate the symptoms
of the child's disability;

(2) to preserve and strengthen the child's family ties whenever possible and in the child's
best interests, approving the child's placement deleted text begin away from the child's parents deleted text end only when new text begin the
assessment and court review in section 260D.03 determine:
new text end

new text begin (i) the child's need for care or treatment does not require placement in a qualified
residential treatment program and determines the child can remain in the home of the parent,
the family foster home, or other setting, and the agency agrees to the child's voluntary
placement for treatment in a family foster home until a permanency plan is achieved; or
new text end

new text begin (ii) new text end the child's need for care or treatment requires deleted text begin it deleted text end new text begin placement in a qualified residential
treatment program new text end and the child cannot be maintained in the home of the parent; deleted text begin and
deleted text end

(3) to ensure new text begin that when a voluntary placement for treatment agreement is in place that new text end
the child's parent retains legal custody of the child and associated decision-making authority
unless the child's parent willfully fails or is unable to make decisions that meet the child's
safety, health, and best interests. The court may not find that the parent willfully fails or is
unable to make decisions that meet the child's needs solely because the parent disagrees
with the agency's choice of foster care facility, unless the agency files a petition under
chapter 260C, and establishes by clear and convincing evidence that the child is in need of
protection or services deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) to ensure the safety of the child by requiring that the child be placed in a licensed
facility or in a family foster home licensed under chapter 245A, approved or licensed by
the tribe or by the state where the facility is located, or an unlicensed relative as stipulated
in section 245A.035, consistent with the assessment under section 260D.03 and ongoing
court review under sections 260C.202, 260C.203, 260C.204, 260D.06, 260D.07, and
260D.08.
new text end

deleted text begin (f) The legal parent-child relationship shall be supported under this chapter by maintaining
the parent's legal authority and responsibility for ongoing planning for the child and by the
agency's assisting the parent, where necessary, to exercise the parent's ongoing right and
obligation to visit or to have reasonable contact with the child. Ongoing planning means:
deleted text end

deleted text begin (1) actively participating in the planning and provision of educational services, medical,
and dental care for the child;
deleted text end

deleted text begin (2) actively planning and participating with the agency and the foster care facility for
the child's treatment needs; and
deleted text end

deleted text begin (3) planning to meet the child's need for safety, stability, and permanency, and the child's
need to stay connected to the child's family and community.
deleted text end

deleted text begin (g) deleted text end new text begin (e) new text end The provisions of section 260.012 to ensure placement prevention, family
reunification, and all active and reasonable effort requirements of that section apply. This
chapter shall be construed consistently with the requirements of the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

Sec. 24.

Minnesota Statutes 2018, section 260D.02, subdivision 3, is amended to read:

Subd. 3.

Case plan.

"Case plan" means any plan for the delivery of services to a child
and parent, or when reunification is not required, the child alone, that is developed according
to the requirements of sections 245.4871, subdivision 19 or 21; 245.492, subdivision 16;
256B.092; 260C.212, deleted text begin subdivision deleted text end new text begin subdivisions new text end 1 new text begin and 1a new text end ; 626.556, subdivision 10; and
Minnesota Rules, parts 9525.0004 to 9525.0016.

Sec. 25.

Minnesota Statutes 2018, section 260D.02, subdivision 5, is amended to read:

Subd. 5.

Child in deleted text begin voluntary deleted text end foster care for treatment.

"Child in deleted text begin voluntary deleted text end foster care
for treatment" means a child who is emotionally disturbed or developmentally disabled or
has a related condition and is in foster care under new text begin either new text end a voluntary foster care agreement
between the child's parent and the agency deleted text begin due to concurrence between the agency and the
parent deleted text end new text begin or court order new text end when it is determined deleted text begin that foster care is medically necessary: deleted text end new text begin by the
assessment and court review processes required in section 260D.03, subdivisions 1 and 5,
that the child should not be placed in a family foster home and the court review approves
of the child's residential placement.
new text end

deleted text begin (1) due to a determination by the agency's screening team based on its review of the
diagnostic and functional assessment under section 245.4885; or
deleted text end

deleted text begin (2) due to a determination by the agency's screening team under section 256B.092 and
Minnesota Rules, parts 9525.0004 to 9525.0016.
deleted text end

deleted text begin A child is not in voluntary foster care for treatment under this chapter when there is a
current determination under section 626.556 that the child requires child protective services
or when the child is in foster care for any reason other than the child's emotional or
developmental disability or related condition.
deleted text end

Sec. 26.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Family and permanency team. new text end

new text begin "Family and permanency team" means a
team consisting of the child's parent or legal custodian, relatives, and professionals, as
appropriate, who are resources to the family of the child such as teachers, medical or mental
health providers who have treated the child, or clergy. In the case of an Indian child, "family
and permanency team" shall include tribally identified representatives, delegates, and cultural
resources as identified by the child's tribe. If the child is age 14 or older, the team must also
include two team members selected by the child who are not a foster parent or caseworker
for the child, consistent with the individuals a child may select in section 260C.212,
subdivision 1, paragraph (b). The responsible social service agency may reject an individual
selected by the child if the agency has good cause to believe that the individual would not
act in the best interests of the child.
new text end

Sec. 27.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:

new text begin Subd. 9b. new text end

new text begin Family foster home. new text end

new text begin "Family foster home" means the home of an individual
or family who is licensed for child foster care under Minnesota Rules, chapter 2960,
excluding foster residence settings licensed under parts 2960.3000 to 2960.3200, or licensed
or approved by a tribe in accordance with tribal standards in which the approved or licensed
individual or family resides with the child. This definition includes an emergency unlicensed
relative placement, consistent with section 245A.035.
new text end

Sec. 28.

Minnesota Statutes 2018, section 260D.02, subdivision 10, is amended to read:

Subd. 10.

Foster care.

"Foster care" deleted text begin means 24-hour substitute care for children placed
away from their parents and for whom an agency has placement and care responsibility.
Foster care includes, but is not limited to, placement in foster family homes, foster homes
of relatives, group homes, emergency shelters, residential facilities not excluded in this
subdivision, child care institutions, and preadoptive homes. A child is in foster care under
this definition, regardless of whether the facility is licensed and payments are made for the
cost of care. Nothing in this definition creates any authority to place a child in a home or
facility that is required to be licensed that is not licensed. Foster care does not include
placement in any of the following facilities: hospitals, inpatient chemical dependency
treatment facilities, facilities that are primarily for delinquent children, any corrections
facility or program within a particular corrections facility not meeting requirements for Title
IV-E facilities as determined by the commissioner, facilities to which a child is committed
under the provision of chapter 253B, forestry camps, or jails. deleted text end new text begin has the same meaning as
section 260C.007, subdivision 18, except for children colocated with the child's parent or
guardian in a licensed residential family-based substance use disorder treatment program
under paragraph (a), clause (12).
new text end

Sec. 29.

Minnesota Statutes 2018, section 260D.02, subdivision 11, is amended to read:

Subd. 11.

Legal authority to place the child.

"Legal authority to place the child" means
the agency has legal responsibility for the care and control of the child while the child is in
foster care deleted text begin . The agency may acquire legal authority to place a child through deleted text end new text begin , either through
a court order under chapter 260C, new text end a voluntary placement agreement between the agency
and the child's parent under this chapter new text begin , or, in the case of an Indian child, this may include
tribal jurisdictions through a tribal court new text end . Legal authority to place the child does not mean
the agency has authority to make major life decisions regarding the child, including major
medical decisions. A parent with legal custody of the child continues to have legal authority
to make major life decisions regarding the child, including major medical decisions new text begin , unless
a court order under chapter 260C specifically gives legal authority to make major life
decisions regarding the child to the responsible social service agency new text end .

Sec. 30.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:

new text begin Subd. 13a. new text end

new text begin Permanency plan. new text end

new text begin "Permanency plan" means the established goal in the
out-of-home placement plan that will achieve a safe, permanent home for the child. There
are four permanency goals for children:
new text end

new text begin (1) reunification with the child's parent or legal guardian;
new text end

new text begin (2) placement with other relatives;
new text end

new text begin (3) adoption; or
new text end

new text begin (4) establishment of a new legal guardianship through a transfer of permanent legal and
physical custody.
new text end

Sec. 31.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:

new text begin Subd. 13b. new text end

new text begin Qualified individual. new text end

new text begin "Qualified individual" means a trained culturally
competent professional or licensed clinician who is not an employee of the department and
who is not connected to or affiliated with any placement setting in which children are placed
by a responsible social service agency.
new text end

Sec. 32.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:

new text begin Subd. 13c. new text end

new text begin Qualified residential treatment program. new text end

new text begin "Qualified residential treatment
program" means a nonfoster family child residential treatment program licensed under
chapter 245A or licensed or approved by a tribe that has been approved under section 256.82
that:
new text end

new text begin (1) has a trauma-informed treatment model that is designed to address the needs, including
clinical needs as appropriate, of children with serious emotional or behavioral disorders or
disturbances and, with respect to a child, is able to implement the treatment identified for
the child by the required 30-day assessment to determine the appropriateness of the
placement, as defined in section 260D.03;
new text end

new text begin (2) has a registered or licensed nursing staff and other licensed clinical staff who:
new text end

new text begin (i) provide care within the scope of their practice; and
new text end

new text begin (ii) are available 24 hours a day and seven days a week;
new text end

new text begin (3) is accredited by any of the following independent, not-for-profit organizations: the
Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission
on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation
(COA);
new text end

new text begin (4) to the extent appropriate and in accordance with the child's best interests, facilitates
participation of family members in the child's treatment program, as defined by the
out-of-home placement plan under section 260C.212, subdivisions 1 and 1a;
new text end

new text begin (5) facilitates outreach to family members of the child, including siblings;
new text end

new text begin (6) documents how the outreach is made, including contact information, and maintains
contact information for any known parents or relatives of the child;
new text end

new text begin (7) documents how family members are integrated into the treatment process for the
child, including postdischarge, and how sibling connections are maintained; and
new text end

new text begin (8) provides discharge planning and family-based aftercare support for at least six months
postdischarge.
new text end

Sec. 33.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Responsible social service agency. new text end

new text begin "Responsible social service agency" has
the meaning given in section 260C.007, subdivision 27a.
new text end

Sec. 34.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Voluntary foster care for treatment. new text end

new text begin "Voluntary foster care for treatment"
means when a child is in foster care under a voluntary foster care agreement between the
child's parent and the responsible social service agency where the agency's screening team
under section 260C.157, subdivision 3, has determined that the child is emotionally disturbed,
developmentally disabled, or has a related condition, and that foster care is medically
necessary.
new text end

Sec. 35.

Minnesota Statutes 2018, section 260D.03, is amended to read:

260D.03 deleted text begin VOLUNTARY deleted text end new text begin PLACEMENT REQUIREMENTS; new text end FOSTER CARE new text begin FOR
TREATMENT new text end .

Subdivision 1.

deleted text begin Voluntary foster care deleted text end new text begin Assessment of the appropriateness of a qualified
residential treatment program placement new text end .

When the new text begin responsible social service new text end agency's new text begin
juvenile treatment new text end screening team, new text begin as defined in section 260C.157 recommends placing the
child in a qualified residential treatment program, as defined in section 260D.02, subdivision
13c, new text end based upon the diagnostic and functional assessment under section 245.4885 or medical
necessity screenings under section 256B.092, subdivision 7, deleted text begin determines deleted text end new text begin or recommends new text end the
child's need for new text begin residential new text end treatment due to emotional disturbance or developmental disability
or related condition deleted text begin requires foster care placement of the child, a voluntary foster care
agreement between the child's parent and the agency gives the agency legal authority to
place the child in foster care. deleted text end new text begin , the agency must initiate an assessment by a qualified individual.
new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Voluntary foster care agreement. deleted text end

deleted text begin A voluntary foster care agreement shall be
used to provide the agency the legal authority to place a child in foster care for treatment
due to the child's disability. The agreement must be in writing and signed by both the child's
parent and the agency. The agreement must be in a form approved by the commissioner of
human services, and shall contain notice to parents of the consequences to the parent and
to the child of being in voluntary foster care.
deleted text end

new text begin Subd. 3. new text end

new text begin The assessment by the qualified individual. new text end

new text begin (a) The assessment must be
completed prior to or within 30 days of the child's placement in a qualified residential
treatment program and be in a format developed by the commissioner and must:
new text end

new text begin (1) assess the strengths and needs of the child using an age-appropriate, evidence-based,
validated, functional assessment approved by the commissioner of human services;
new text end

new text begin (2) determine whether the child's needs can be met by family members or through
placement in a family foster home or, if not, which allowable in-state or out-of-state
residential setting would provide the most effective and appropriate level of care for the
child in the least restrictive environment and be consistent with the short- and long-term
goals for the child in the permanency plan for the child;
new text end

new text begin (3) develop a list of the child-specific short- and long-term mental and behavioral health
goals; and
new text end

new text begin (4) work in conjunction with the child's family and permanency team, using culturally
competent practices while conducting and making the required assessment.
new text end

new text begin (b) The child's parents and the child, when appropriate, may specify the culturally
competent qualified individual to complete the assessment. The agency shall make efforts
to refer the assessment to the identified qualified individual. The assessment may not be
delayed for the purpose of having the assessment completed by a specific qualified individual.
new text end

new text begin (c) The completed assessment in the approved format must be provided to the responsible
social service agency, parents, guardian ad litem, and the court as required in subdivision
6.
new text end

new text begin (d) For an Indian child, the assessment must follow the order of placement preferences
in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1915.
new text end

new text begin (e) If the placement preferences of the parent, family and permanency team, child and
tribe are not the placement setting recommended by the qualified individual in subdivision
4, the assessment must include the reasons why their preferences were not recommended.
new text end

new text begin Subd. 4. new text end

new text begin Qualified individual determination. new text end

new text begin (a) Using the requirements of subdivision
3, if the qualified individual determines the child needs placement and should not be placed
in a family foster home, the assessment must specify in writing:
new text end

new text begin (1) the reasons why the child's needs cannot be met by their family or in a family foster
home. A shortage of family foster homes is not an acceptable reason to determine the child's
needs cannot be met in a family foster home; and
new text end

new text begin (2) why the recommended placement in a qualified residential treatment program is the
setting that will provide the child with the most effective and appropriate level of care in
the least restrictive environment and how that placement is consistent with the short- and
long-term goals for the child as specified in the permanency plan for the child.
new text end

new text begin (b) If the qualified individual determines the child may be placed in a family foster home
or other less restrictive placement setting, the child must be transitioned out of the qualified
residential treatment program within 30 days of the determination. The case plan must,
under section 260C.212, subdivision 1a, include the reasons why the preferences of the
family and permanency team and the child were not recommended.
new text end

new text begin Subd. 5. new text end

new text begin Family and permanency team. new text end

new text begin The responsible social service agency must
assemble a family and permanency team for a child in foster care for treatment as specified
in section 260D.032.
new text end

new text begin Subd. 6. new text end

new text begin Court approval of a foster care for treatment. new text end

new text begin (a) Within 60 days from the
start of each placement in a qualified residential treatment program, the court must:
new text end

new text begin (1) consider the assessment required under subdivision 2 of the appropriateness of the
placement in a qualified residential treatment program, and documentation made by the
qualified individual conducting the assessment;
new text end

new text begin (2) determine whether the needs of the child can be met through placement in a family
foster home or, if not, whether placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of care for the child in the least
restrictive environment and whether that placement is consistent with the short- and
long-range goals for the child, as specified in the permanency plan for the child; and
new text end

new text begin (3) approve or disapprove the placement.
new text end

new text begin (b) The court approval or disapproval must be documented in the out-of-home placement
plan, as specified in section 260C.212, subdivision 1a.
new text end

new text begin (c) Court review may be conducted in tribal court when that court has legal jurisdiction.
new text end

new text begin Subd. 7. new text end

new text begin Ongoing reviews and permanency hearing requirements. new text end

new text begin As long as a child
remains placed in a qualified residential treatment program, the responsible social service
agency shall submit evidence at each administrative review under section 260C.202; court
review under sections 260C.203, 260C.204, and 260D.06; or permanency hearing held for
the child under sections 260C.515, 260C.519, 260C.521, or 260D.07 and 260D.08:
new text end

new text begin (1) demonstrating the ongoing assessment of the strengths and needs of the child continues
to support the determination that the needs of the child cannot be met through reunification
or placement in a foster family home, that the placement in a qualified residential treatment
program provides the most effective and appropriate level of care for the child in the least
restrictive environment, and that the placement is consistent with the short- and long-term
goals for the child as specified in the permanency plan for the child;
new text end

new text begin (2) documenting the specific treatment or service needs that will be met for the child in
the placement and the length of time the child is expected to need the treatment or services;
and
new text end

new text begin (3) documenting the efforts made by the responsible social service agency to prepare
the child to return home or placed with a fit and willing relative, a legal guardian, or an
adoptive parent or in a foster family home.
new text end

new text begin Subd. 8. new text end

new text begin Review of extended qualified residential treatment program placements. new text end

new text begin (a)
When a responsible social service agency places a child in a qualified residential treatment
program for more than 12 consecutive months or 18 nonconsecutive months, or in the case
of a child who has not attained age 13, for more than six consecutive or nonconsecutive
months, the agency must submit the signed approval by the responsible social service agency
and the evidence provided at the most recent court review or permanency hearing as defined
in subdivision 7 to the commissioner, according to paragraph (b).
new text end

new text begin (b) The commissioner shall specify the procedures and requirements for the review and
approval of extended qualified residential treatment program placements. The commissioner
may consult with counties, tribes, child-placing agencies, mental health providers, licensed
facilities, youth, parents, and family and permanency team members in the development of
the requirements and engage in periodic reviews of the requirements.
new text end

Sec. 36.

new text begin [260D.032] FAMILY AND PERMANENCY TEAM REQUIREMENTS.
new text end

new text begin (a) When the responsible social service agency's juvenile treatment screening team, as
defined in section 260C.157, or tribal social service agency process recommends the child
be placed in a qualified residential treatment program, or the agency enters into a voluntary
placement for treatment and the child is placed in a family foster home, a family and
permanency team must be assembled within ten days as follows:
new text end

new text begin (1) the team must consist of all appropriate biological family members, legal parents or
custodians, and relatives of the child as defined in section 260C.007, subdivisions 26b and
27, as well as professionals, as appropriate, who are a resource to the family of the child,
such as teachers, medical or mental health providers who have treated the child, or clergy;
new text end

new text begin (i) when a child is placed in foster care prior to the residential placement, the relatives
responding to the relative search notice shall be included in this team, unless the juvenile
court finds that contacting a specific relative would endanger the parent, guardian, child,
sibling, or any family member, required under section 260C.221;
new text end

new text begin (ii) when a residential placement is the child's initial placement setting, the relative
search in section 260C.221 may be conducted prior to the juvenile treatment screening team
review under section 260C.157. The responsible social service agency must engage with
the child and the child's parents to determine the appropriate family and permanency team
members;
new text end

new text begin (iii) when reunification is the permanency goal, the purpose of the relative search and
focus of the family and permanency team is to preserve family relationships and develop
supports for the child and parents;
new text end

new text begin (2) the responsible agency must make a good-faith effort to identify and assemble all
individuals required to be on the child's family and permanency team, consistent with section
260C.221, and include in the out-of-home placement plan as defined in section 260C.212,
subdivision 1a, all contact information for the team as well as contact information for other
family members or relatives who are not part of the family and permanency team;
new text end

new text begin (3) if the child is age 14 or older, the team must include the members of the family and
permanency team that are selected by the child in accordance with section 260C.212,
subdivision 1, paragraph (b);
new text end

new text begin (4) consistent with section 260C.221, a responsible social service agency may disclose
private data to relatives for the purpose of participation in the care and planning for the
child and locating a suitable placement; and
new text end

new text begin (5) if the child is an Indian child, consistent with section 260.751, the responsible social
service agency must provide active efforts to include the child's tribe representative or
designate input in the juvenile treatment and screening team and the family and permanency
team.
new text end

new text begin (b) The team shall meet regarding the assessment required under section 260D.03 for
the appropriateness of the qualified residential treatment program placement and to participate
in case planning to achieve the permanency plan.
new text end

new text begin (1) When reunification is the permanency plan, the team shall support the legal
parent-child relationship by maintaining the parent's legal authority and responsibility for
ongoing planning for the child and by the agency's assisting the parent, where necessary,
to exercise the parent's ongoing right and obligation to visit or have reasonable contact with
the child. Ongoing planning means:
new text end

new text begin (i) actively participating in the planning and provision of educational services, medical
care, and dental care for the child;
new text end

new text begin (ii) actively planning and participating with the agency and the foster care facility for
the child's treatment needs; and
new text end

new text begin (iii) planning to meet the child's need for safety, stability, and permanency, and the
child's need to stay connected to the child's family and community.
new text end

new text begin (2) When permanent legal and physical custody to a relative or adoption is the
permanency plan, the team shall:
new text end

new text begin (i) actively transition the educational services, medical, and dental care for the child and
proposed guardian;
new text end

new text begin (ii) actively transition with the agency and the foster care facility for the child's treatment
needs after permanency;
new text end

new text begin (iii) planning to meet the child's need for safety, stability, and the child's need to stay
connected to the child's family and community after permanency; and
new text end

new text begin (iv) in the case of an Indian child, engage the child's tribe to identify necessary services,
transition planning, treatment needs, and connections to community, family, and tribe.
new text end

new text begin (c) The team participates in case planning and receives notice of court reviews until a
permanency plan is achieved and the foster care placement ends consistent with sections
260C.152 and 260C.221.
new text end

Sec. 37.

Minnesota Statutes 2018, section 260D.04, is amended to read:

260D.04 deleted text begin REQUIRED INFORMATION FOR A CHILD IN deleted text end VOLUNTARY FOSTER
CARE FOR TREATMENT.

new text begin Subdivision 1. new text end

new text begin Voluntary foster care for treatment agreement. new text end

new text begin (a) When the agency's
screening team, under section 260C.157, subdivision 3, based upon the diagnostic and
functional assessment under section 245.4885 or medical necessity screenings under section
256B.092, subdivision 7, determines the child's need for treatment due to emotional
disturbance, developmental disability, or related conditions requires foster care placement
of the child, a voluntary foster care agreement between the child's parent and the agency
gives the agency legal authority to place the child in foster care.
new text end

new text begin (b) The voluntary foster care for treatment agreement must be in writing and signed by
both the child's parent and the agency. The agreement must be in a form developed by the
commissioner of human services, and shall contain:
new text end

new text begin (1) notice to parents of the consequences to the parent and the child of being in voluntary
foster care; and
new text end

new text begin (2) information about the required assessments, family and permanency team, permanency
planning, court reviews, and out-of-home placement plan.
new text end

new text begin (c) The ongoing responsibility of the parent as legal custodian to visit the child, to plan
together with the agency for the child's treatment needs, to be available and accessible to
the agency to make treatment decisions, and to obtain necessary medical, dental, and other
care for the child.
new text end

new text begin (d) The legally responsible agency shall support the legal parent-child relationship by
maintaining the parent's legal authority and responsibility for ongoing planning for the child
and by the agency assisting the parent, where necessary, to exercise the parent's ongoing
rights and obligations. The agreement establishes the ongoing responsibility of the parent
as legal custodian to visit the child, to plan together with the agency for the child's treatment
needs, to be available and accessible to the agency to make treatment decisions, and to
obtain necessary medical, dental, and other care for the child.
new text end

new text begin (e) Voluntary foster care for treatment does not apply when there is a current
determination under section 626.556 that the child requires child protective services or when
the child is in foster care for any reason other than treatment for the child's emotional
disturbance, developmental disability, or related condition. When there is a determination
under section 626.556 that the child requires child protective services based on an assessment
that there are safety and risk issues for the child that have not been mitigated through the
parent's engagement in services or otherwise, or when the child is in foster care for any
reason other than the child's emotional disturbance, developmental disability, or related
condition, the provisions of chapter 260C apply.
new text end

new text begin Subd. 2. new text end

new text begin Required information for a child in voluntary foster care for treatment. new text end

An
agency with authority to place a child in voluntary foster care for treatment due to emotional
disturbance or developmental disability or related condition, shall inform the child, age 12
or older, of the following:

(1) the child has the right to be consulted in the preparation of the out-of-home placement
plan required under section 260C.212, subdivision 1, and the administrative review required
under section 260C.203;

(2) the child has the right to visit the parent and the right to visit the child's siblings as
determined safe and appropriate by the parent and the agency;

(3) if the child disagrees with the foster care facility or services provided under the
out-of-home placement plan required under section 260C.212, subdivision 1, the agency
shall include information about the nature of the child's disagreement and, to the extent
possible, the agency's understanding of the basis of the child's disagreement in the information
provided to the court in the report required under section 260D.06; and

(4) the child has the rights established under Minnesota Rules, part 2960.0050, as a
resident of a facility licensed by the state.

Sec. 38.

Minnesota Statutes 2018, section 260D.06, is amended to read:

260D.06 AGENCY REPORT TO COURT AND COURT REVIEW OF CHILD
IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE TO DISABILITY.

Subdivision 1.

Judicial review.

In the case of a child in voluntary foster care for treatment
deleted text begin due to disability under section 260D.03 deleted text end new text begin as defined in section 260D.02, subdivision 16 new text end , the
agency shall obtain judicial review of the child's voluntary foster care placement within 165
days of the placement.

Subd. 2.

Agency report to court; court review.

The agency shall obtain judicial review
by reporting to the court according to the following procedures:

(a) A written report shall be forwarded to the court within 165 days of the date of the
voluntary placement agreement. The written report shall contain or have attached:

(1) a statement of facts that necessitate the child's foster care placement;

(2) the child's name, date of birth, race, gender, and current address;

(3) the names, race, date of birth, residence, and post office addresses of the child's
parents or legal custodian;

(4) a statement regarding the child's eligibility for membership or enrollment in an Indian
tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;

(5) deleted text begin the names and addresses of the foster parents or chief administrator of the facility in
which the child is placed, if the child is not in a family foster home or group home deleted text end new text begin a summary
of the child's placement settings from the last 165 days, including the reasons for a move
from one setting to another new text end ;

(6) a copy of the out-of-home placement plan required under section 260C.212,
subdivision 1 new text begin , and the requirements under section 260C.212, subdivision 1a, if the child is
placed in a qualified residential treatment program new text end ;

(7) a written summary of the proceedings of any administrative review required under
section 260C.203; deleted text begin and
deleted text end

(8) new text begin the reasonable and good-faith efforts of the agency to identify and assemble all the
individuals required to be on the child's family and permanency team;
new text end

new text begin (9) when a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessments, services, and agency efforts specified
in section 260D.03;
new text end

new text begin (10) when a child is placed in a family foster home, the responsible social service agency
must submit evidence to the court documenting the services available through the placement
that are not available in the parent's home and the agency's relative search efforts as required
under section 260C.221; and
new text end

new text begin (11) new text end any other information the agency, parent or legal custodian, the child or the foster
parent, or other residential facility wants the court to consider.

(b) In the case of a child in placement due to emotional disturbance, the written report
shall include as an attachment, the child's individual treatment plan developed by the child's
treatment professional, as provided in section 245.4871, subdivision 21, or the child's
standard written plan, as provided in section 125A.023, subdivision 3, paragraph (e).

(c) In the case of a child in placement due to developmental disability or a related
condition, the written report shall include as an attachment, the child's individual service
plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan,
as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan;
or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
(e).

(d) The agency must inform the child, age 12 or older, the child's parent, and the foster
parent or foster care facility of the reporting and court review requirements of this section
and of their right to submit information to the court:

(1) if the child or the child's parent or the foster care provider wants to send information
to the court, the agency shall advise those persons of the reporting date and the date by
which the agency must receive the information they want forwarded to the court so the
agency is timely able submit it with the agency's report required under this subdivision;

(2) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care facility that they have the right to be heard in person by the court and how to
exercise that right;

(3) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care provider that an in-court hearing will be held if requested by the child, the parent,
or the foster care provider; and

(4) if, at the time required for the report under this section, a child, age 12 or older,
disagrees about the foster care facility or services provided under the out-of-home placement
plan required under section 260C.212, subdivision 1, the agency shall include information
regarding the child's disagreement, and to the extent possible, the basis for the child's
disagreement in the report required under this section.

(e) After receiving the required report, the court has jurisdiction to make the following
determinations and must do so within ten days of receiving the forwarded report, whether
a hearing is requested:

(1) whether the voluntary foster care new text begin for treatment new text end arrangement is in the child's best
interests;

(2) whether the parent and agency are appropriately planning for the child; and

(3) in the case of a child age 12 or older, who disagrees with the foster care facility or
services provided under the out-of-home placement plan, whether it is appropriate to appoint
counsel and a guardian ad litem for the child using standards and procedures under section
260C.163.

(f) Unless requested by a parent, representative of the foster care facility, or the child,
no in-court hearing is required in order for the court to make findings and issue an order as
required in paragraph (e).

(g) If the court finds the voluntary foster care new text begin for treatment new text end arrangement is in the child's
best interests and that the agency and parent are appropriately planning for the child, the
court shall issue an order containing explicit, individualized findings to support its
determination. The individualized findings shall be based on the agency's written report and
other materials submitted to the court. The court may make this determination
notwithstanding the child's disagreement, if any, reported under paragraph (d).

(h) The court shall send a copy of the order to the county attorney, the agency, parent,
child, age 12 or older, and the foster parent or deleted text begin foster care deleted text end facility.

(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
representative of the deleted text begin foster care deleted text end facility notice of the permanency review hearing required
under section 260D.07, paragraph (e).

(j) If the court finds continuing the voluntary foster care new text begin for treatment new text end arrangement is
not in the child's best interests or that the agency or the parent are not appropriately planning
for the child, the court shall notify the agency, the parent, the foster parent or deleted text begin foster care deleted text end
facility, the child, age 12 or older, and the county attorney of the court's determinations and
the basis for the court's determinations. In this case, the court shall set the matter for hearing
and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.

Sec. 39.

Minnesota Statutes 2018, section 260D.07, is amended to read:

260D.07 REQUIRED PERMANENCY REVIEW HEARING new text begin FOR A CHILD IN
VOLUNTARY FOSTER CARE FOR TREATMENT new text end .

(a) When the court has found that the voluntary new text begin foster care for treatment new text end arrangement
is in the child's best interests and that the agency and parent are appropriately planning for
the child pursuant to the report submitted under section 260D.06, and the child continues
in deleted text begin voluntary deleted text end foster care as defined in section deleted text begin 260D.02, subdivision 10 deleted text end new text begin 260C.007, subdivision
18 new text end , for 13 months from the date of the voluntary foster care new text begin for treatment new text end agreement, or has
been in placement for 15 of the last 22 months, the agency must:

(1) terminate the voluntary foster care new text begin for treatment new text end agreement and return the child home;
or

(2) determine whether there are compelling reasons to continue the voluntary foster care new text begin
for treatment new text end arrangement and, if the agency determines there are compelling reasons, seek
judicial approval of its determination; or

(3) file a petition for the termination of parental rights.

(b) When the agency is asking for the court's approval of its determination that there are
compelling reasons to continue the child in the voluntary foster care new text begin for treatment new text end
arrangement, the agency shall file a "Petition for Permanency Review Regarding a Child
in Voluntary Foster Care for Treatment" and ask the court to proceed under this section.

(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
for Treatment" shall be drafted or approved by the county attorney and be under oath. The
petition shall include:

(1) the date of the voluntary deleted text begin placement deleted text end new text begin foster care for treatment new text end agreement;

(2) whether the petition is due to the child's developmental disability or emotional
disturbance;

(3) the plan for the ongoing care of the child and the parent's participation in the plan;

(4) a description of the parent's visitation and contact with the child;

(5) the date of the court finding that the foster care placement was in the best interests
of the child, if required under section 260D.06, or the date the agency filed the motion under
section 260D.09, paragraph (b);

(6) the agency's reasonable efforts new text begin or active efforts, in the case of an Indian child, new text end to
finalize the permanent plan for the child, including returning the child to the care of the
child's family; deleted text begin and
deleted text end

(7) new text begin the reasonable and good-faith efforts of the agency to identify and assemble all the
individuals required to be on the child's family and permanency team, or the reason the
family and permanency team is not required;
new text end

new text begin (8) when a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessments, services, and agency efforts specified
in section 260D.03;
new text end

new text begin (9) when a child is placed in a family foster home, the responsible social service agency
must submit evidence to the court documenting the services available through the placement
that are not available in the parent's home and relative search efforts as required under
section 260C.221; and
new text end

new text begin (10) new text end a citation to this chapter as the basis for the petition.

(d) An updated copy of the out-of-home placement plan required under section 260C.212,
subdivision 1, new text begin and the requirements under section 260C.212, subdivision 1a, if the child is
placed in a qualified residential treatment program, new text end shall be filed with the petition.

(e) The court shall set the date for the permanency review hearing no later than 14 months
after the child has been in placement or within 30 days of the petition filing date when the
child has been in placement 15 of the last 22 months. The court shall serve the petition
together with a notice of hearing by United States mail on the parent, the child age 12 or
older, the child's guardian ad litem, if one has been appointed, the agency, the county
attorney, and counsel for any party.

(f) The court shall conduct the permanency review hearing on the petition no later than
14 months after the date of the voluntary placement new text begin for treatment new text end agreement, within 30 days
of the filing of the petition when the child has been in placement 15 of the last 22 months,
or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster
care under chapter 260C, as provided in section 260D.09, paragraph (b).

(g) At the permanency review hearing, the court shall:

(1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review
Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate,
and whether the parent agrees to the continued voluntary foster care new text begin for treatment new text end
arrangement as being in the child's best interests;

(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to
finalize the permanent plan for the child, including whether there are services available and
accessible to the parent that might allow the child to safely be with the child's family;

(3) inquire of the parent if the parent consents to the court entering an order that:

(i) approves the responsible agency's reasonable efforts new text begin or active efforts, in the case of
an Indian child, new text end to finalize the permanent plan for the child, which includes ongoing future
planning for the safety, health, and best interests of the child; deleted text begin and
deleted text end

(ii) new text begin approves the reasonable and good-faith efforts of the responsible agency to identify
and assemble a family and permanency team, or the reason the family and permanency team
is not required to support the finalization of a permanency plan; and
new text end

new text begin (iii) new text end approves the responsible agency's determination that there are compelling reasons
why the continued voluntary foster care arrangement is in the child's best interests; deleted text begin and
deleted text end

new text begin (4) inquire of the child's tribe, in the case of an Indian child, if the tribe agrees that they
have received notice and the agency's efforts are consistent with the Minnesota Indian
Family Preservation Act, sections 260.751 to 260.835; and
new text end

deleted text begin (4) deleted text end new text begin (5) new text end inquire of deleted text begin the child's guardian ad litem and deleted text end any deleted text begin other deleted text end party whether deleted text begin the guardian
or the party agrees deleted text end new text begin they agree new text end that:

(i) the court should approve the responsible agency's reasonable efforts to finalize the
permanent plan for the child, which includes new text begin efforts to identify and assemble a family and
permanency team to support new text end ongoing and future planning for the safety, health, and best
interests of the child; and

(ii) the court should approve of the responsible agency's determination that there are
compelling reasons why the continued voluntary foster care new text begin for treatment new text end arrangement is
in the child's best interests.

(h) At a permanency review hearing under this section, the court may take the following
actions based on the contents of the sworn petition and the consent of the parent:

(1) approve the agency's compelling reasons that the voluntary foster care new text begin for treatment new text end
arrangement is in the best interests of the child; and

(2) find that the agency has made reasonable efforts to finalize the permanent plan for
the child.

(i) A child, age 12 or older, may object to the agency's request that the court approve its
compelling reasons for the continued voluntary arrangement and may be heard on the reasons
for the objection. Notwithstanding the child's objection, the court may approve the agency's
compelling reasons and the voluntary arrangement.

(j) If new text begin , after hearing from the child and all parties, new text end the court does not approve the voluntary new text begin
foster care for treatment new text end arrangement deleted text begin after hearing from the child or the child's guardian ad
litem deleted text end , the court shall dismiss the petition. In this case, either:

(1) the child must be returned to the care of the parent; or

(2) the agency must file a petition under section 260C.141, asking for appropriate relief
under sections 260C.301 or 260C.503 to 260C.521.

(k) When the court approves the agency's compelling reasons for the child to continue
in voluntary foster care for treatment, and finds that the agency has made reasonable efforts
to finalize a permanent plan for the child, the court shall approve the continued voluntary
foster care new text begin for treatment new text end arrangement, and continue the matter under the court's jurisdiction
for the purposes of reviewing the child's placement every 12 months while the child is in
foster care.

(l) A finding that the court approves the continued voluntary placement means the agency
has continued legal authority to place the child while a voluntary placement agreement
remains in effect. The parent or the agency may terminate a voluntary agreement as provided
in section 260D.10. Termination of a voluntary foster care placement of an Indian child is
governed by section 260.765, subdivision 4.

Sec. 40.

Minnesota Statutes 2018, section 260D.08, is amended to read:

260D.08 ANNUAL REVIEW new text begin FOR A CHILD IN VOLUNTARY FOSTER CARE
FOR TREATMENT new text end .

(a) After the court conducts a permanency review hearing under section 260D.07, the
matter must be returned to the court for further review of the responsible social services
reasonable efforts to finalize the permanent plan for the child and the child's foster care
placement at least every 12 months while the child is in foster care. The court shall give
notice to the parent and child, age 12 or older, deleted text begin and deleted text end the foster parents new text begin , the facility, and in the
case of an Indian child, the child's tribe new text end of the continued review requirements under this
section at the permanency review hearing.

(b) Every 12 months, the court shall determine whether the agency made reasonable
efforts to finalize the permanency plan for the child, which means the exercise of due
diligence by the agency to:

(1) ensure that the agreement for voluntary foster care is the most appropriate legal
arrangement to meet the child's safety, health, and best interests and to conduct a genuine
examination of whether there is another permanency disposition order under chapter 260C,
including returning the child home, that would better serve the child's need for a stable and
permanent home;

(2) engage and support the parent in continued involvement in planning and decision
making for the needs of the child;

(3) strengthen the child's ties to the parent, relatives, and community;

(4) implement the out-of-home placement plan required under section 260C.212,
subdivision 1, and ensure that the plan requires the provision of appropriate services to
address the physical health, mental health, and educational needs of the child; deleted text begin and
deleted text end

(5) new text begin the reasonable and good-faith efforts of the agency to identify and assemble all the
individuals required to be on the child's family and permanency team, or the reason the
family and permanency team is not required;
new text end

new text begin (6) when a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessments, services, and agency efforts specified
in section 260D.03;
new text end

new text begin (7) when a child is placed in a family foster home, the responsible social service agency
must submit evidence to the court documenting the services available through the placement
that are not available in the parent's home, as well as the relative search efforts as required
under section 260C.221; and
new text end

new text begin (8) new text end ensure appropriate planning for the child's safe, permanent, and independent living
arrangement after the child's 18th birthday.

Sec. 41.

Minnesota Statutes 2018, section 260D.09, is amended to read:

260D.09 PERMANENCY REVIEW AFTER ADJUDICATION UNDER CHAPTER
260C.

(a) If a child has been ordered into foster care under section 260C.178 or 260C.201,
subdivision 1, and the conditions that led to the court's order have been corrected so that
the child could safely return home except for the child's need to continue in foster care for
treatment due to the child's disability, the child's parent and the agency may enter into a
voluntary foster care new text begin for treatment new text end agreement under this chapter using the procedure set out
in paragraph (b).

(b) When the agency and the parent agree to enter into a voluntary foster care new text begin for
treatment new text end agreement under this chapter, the agency must file a motion to terminate jurisdiction
under section 260C.193, subdivision 6, and to dismiss the order for foster care under section
260C.178 or 260C.201, subdivision 1, together with the petition required under section
260D.07, paragraph (b), for permanency review and the court's approval of the voluntary
arrangement.

(c) The court shall send the motion and the petition filed under subdivision 2 together
with a notice of hearing by mail as required in section 260D.07, paragraph (e).

(d) The petition and motion under this section must be filed no later than the time the
agency is required to file a petition for permanent placement under section 260C.505 but
may be filed as soon as the agency and the parent agree that the child should remain in foster
care under a voluntary foster care new text begin for treatment new text end agreement, because the child needs treatment
and voluntary foster care is in the child's best interest.

(e) In order for the agency to have continuous legal authority to place the child, the
parent and the agency must execute a voluntary foster care new text begin for treatment new text end agreement for the
child's continuation in foster care for treatment prior to the termination of the order for foster
care under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute
the voluntary foster care agreement at or before the permanency review hearing required
under this section. The voluntary foster care new text begin for treatment new text end agreement shall not be effective
until the court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses
the order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the
agency and the parent execute a voluntary placement agreement for the child to continue
in voluntary foster care for treatment, the agency shall not have legal authority to place the
child after the court terminates jurisdiction under chapter 260C.