2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/07/2024 04:14am
A bill for an act
relating to human services; establishing the Minnesota African American Family
Preservation and Child Welfare Disproportionality Act; modifying child welfare
provisions; requiring reports; appropriating money; amending Minnesota Statutes
2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in
Minnesota Statutes, chapter 260.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Sections 260.61 to 260.695 may be cited as the "Minnesota African American Family
Preservation and Child Welfare Disproportionality Act."
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(a) The purposes of the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act are to:
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(1) protect the best interests of African American and disproportionately represented
children;
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(2) promote the stability and security of African American and disproportionately
represented children and their families by establishing minimum standards to prevent the
arbitrary and unnecessary removal of African American and disproportionately represented
children from their families; and
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(3) improve permanency outcomes, including family reunification, for African American
and disproportionately represented children.
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(b) Nothing in this legislation is intended to interfere with the protections of the Indian
Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.
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The definitions in this section apply to sections 260.61 to 260.695.
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"Active efforts" means a rigorous and concerted level of effort
that the responsible social services agency must continuously make throughout the time
that the responsible social services agency is involved with an African American or a
disproportionately represented child and the child's family. To provide active efforts to
preserve an African American or a disproportionately represented child's family, the
responsible social services agency must continuously involve an African American or a
disproportionately represented child's family in all services for the family, including case
planning and choosing services and providers, and inform the family of the ability to request
a case review by the commissioner under section 260.694. When providing active efforts,
a responsible social services agency must consider an African American or a
disproportionately represented family's social and cultural values at all times while providing
services to the African American or disproportionately represented child and family. Active
efforts includes continuous efforts to preserve an African American or a disproportionately
represented child's family and to prevent the out-of-home placement of an African American
or a disproportionately represented child. If an African American or a disproportionately
represented child enters out-of-home placement, the responsible social services agency must
make active efforts to reunify the African American or disproportionately represented child
with the child's family as soon as possible. Active efforts sets a higher standard for the
responsible social services agency than reasonable efforts to preserve the child's family,
prevent the child's out-of-home placement, and reunify the child with the child's family.
Active efforts includes the provision of reasonable efforts as required by Title IV-E of the
Social Security Act, United States Code, title 42, sections 670 to 679c.
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"Adoptive placement" means the permanent placement
of an African American or a disproportionately represented child made by the responsible
social services agency upon a fully executed adoption placement agreement, including the
signatures of the adopting parent, the responsible social services agency, and the
commissioner of human services according to section 260C.613, subdivision 1.
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"African American child" means a child having
origins in Africa, including a child of two or more races who has at least one parent with
origins in Africa.
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The "best interests of the African American or disproportionately represented child"
means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
the African American or disproportionately represented child's community and cultural
norms and allows the child to remain safely at home with the child's family. The best interests
of the African American or disproportionately represented child support the child's sense
of belonging to the child's family, extended family, kin, and cultural community.
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(a) "Child placement proceeding" means any
judicial proceeding that could result in:
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(1) an adoptive placement;
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(2) a foster care placement;
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(3) a preadoptive placement; or
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(4) a termination of parental rights.
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(b) Judicial proceedings under this subdivision include a child's placement based upon
a child's juvenile status offense, but do not include a child's placement based upon:
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(1) an act which if committed by an adult would be deemed a crime; or
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(2) an award of child custody in a divorce proceeding to one of the child's parents.
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"Commissioner" means the commissioner of human services
or the commissioner's designee.
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"Custodian" means any person who is under a legal obligation to
provide care and support for an African American or a disproportionately represented child,
or who is in fact providing daily care and support for an African American or a
disproportionately represented child. This subdivision does not impose a legal obligation
upon a person who is not otherwise legally obligated to provide a child with necessary food,
clothing, shelter, education, or medical care.
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"Disproportionality" means the overrepresentation of
African American children and other disproportionately represented children in the state's
child welfare system population as compared to the representation of those children in the
state's total child population.
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"Disproportionately represented child"
means a child whose race, culture, ethnicity, or low-income socioeconomic status is
disproportionately encountered, engaged, or identified in the child welfare system as
compared to the representation in the state's total child population.
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"Egregious harm" has the meaning given in section 260E.03,
subdivision 5.
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"Foster care placement" means the court-ordered
removal of an African American or a disproportionately represented child from the child's
home with the child's parent or legal custodian and the temporary placement of the child in
a foster home, in shelter care or a facility, or in the home of a guardian, when the parent or
legal custodian cannot have the child returned upon demand, but the parent's parental rights
have not been terminated. A foster care placement includes an order placing the child under
the guardianship of the commissioner, pursuant to section 260C.325, prior to an adoption
being finalized.
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"Imminent physical damage or harm"
means that a child is threatened with immediate and present conditions that are
life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
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"Responsible social services agency"
has the meaning given in section 260C.007, subdivision 27a.
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"Parent" means the biological parent of an African American or a
disproportionately represented child or any person who has legally adopted an African
American or a disproportionately represented child who, prior to the adoption, was considered
a relative to the child, as defined in subdivision 16. Parent includes an unmarried father
whose paternity has been acknowledged or established and a putative father. Paternity has
been acknowledged when an unmarried father takes any action to hold himself out as the
biological father of a child.
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"Preadoptive placement" means a responsible social
services agency's placement of an African American or a disproportionately represented
child with the child's family or kin when the child is under the guardianship of the
commissioner, for the purpose of adoption, but an adoptive placement agreement for the
child has not been fully executed.
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"Relative" means:
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(1) an individual related to the child by blood, marriage, or adoption;
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(2) a legal parent, guardian, or custodian of the child's sibling;
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(3) an individual who is an important friend of the child or child's family with whom
the child has resided or has had significant contact; or
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(4) an individual who the child or the child's family identify as related to the child's
family.
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"Safety network" means a group of individuals identified by
the parent and child, when appropriate, that is accountable for developing, implementing,
sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
child.
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"Sexual abuse" has the meaning given in section 260E.03,
subdivision 20.
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"Termination of parental rights" means an
action resulting in the termination of the parent-child relationship under section 260C.301.
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(a) A responsible social services agency shall make active efforts to prevent the
out-of-home placement of an African American or a disproportionately represented child,
eliminate the need for a child's removal from the child's home, and reunify an African
American or a disproportionately represented child with the child's family as soon as
practicable.
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(b) Prior to petitioning the court to remove an African American or a disproportionately
represented child from the child's home, a responsible social services agency must work
with the child's family to allow the child to remain in the child's home while implementing
a safety plan based on the family's needs. The responsible social services agency must:
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(1) make active efforts to engage the child's parent or custodian and the child, when
appropriate;
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(2) assess the family's cultural and economic needs;
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(3) hold a family group consultation meeting and connect the family with supports to
establish a safety network for the family; and
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(4) provide support, guidance, and input to assist the family and the family's safety
network with developing the safety plan.
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(c) The safety plan must:
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(1) address the specific allegations impacting the child's safety in the home. If neglect
is alleged, the safety plan must incorporate economic services and supports to address the
family's specific needs and prevent neglect;
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(2) incorporate family and community support to ensure the child's safety while keeping
the family intact; and
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(3) be adjusted as needed to address the child's and family's ongoing needs and support.
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The responsible social services agency is not required to establish a safety plan in a case
with allegations of sexual abuse or egregious harm.
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(d) Unless the court finds by clear and convincing evidence that the child would be at
risk of serious emotional damage or serious physical damage if the child were to remain in
the child's home, a court shall not order a foster care or permanent out-of-home placement
of an African American or a disproportionately represented child alleged to be in need of
protection or services. At each hearing regarding an African American or a disproportionately
represented child who is alleged or adjudicated to be in need of child protective services,
the court shall review whether the responsible social services agency has provided active
efforts to the child and the child's family and shall require the responsible social services
agency to provide evidence and documentation that demonstrates that the agency is providing
culturally informed, strength-based, community-involved, and community-based services
to the child and the child's family.
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(e) When determining whether the responsible social services agency has made active
efforts to preserve the child's family, the court shall make findings regarding whether the
responsible social services agency made appropriate and meaningful services available to
the child's family based upon the family's specific needs. If a court determines that the
responsible social services agency did not make active efforts to preserve the family as
required by this section, the court shall order the responsible social services agency to
immediately provide active efforts to the child and child's family to preserve the family.
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(a) Prior to or within 48 hours of the removal of an African American or a
disproportionately represented child from the child's home, the responsible social services
agency must make active efforts to identify and locate the child's noncustodial or
nonadjudicated parent and the child's relatives to notify the child's parent and relatives that
the child is or will be placed in foster care and provide the child's parent and relatives with
a list of legal resources. The notice to the child's noncustodial or nonadjudicated parent and
relatives must also include the information required under section 260C.221, subdivision
2. The responsible social services agency must maintain detailed records of the agency's
efforts to notify parents and relatives under this section.
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(b) Notwithstanding the provisions of section 260C.219, the responsible social services
agency must assess an African American or a disproportionately represented child's
noncustodial or nonadjudicated parent's ability to care for the child before placing the child
in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
daily care for the African American or disproportionately represented child temporarily or
permanently, the court shall order that the child be placed in the home of the noncustodial
or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
responsible social services agency must make active efforts to assist a noncustodial or
nonadjudicated parent with remedying any issues that may prevent the child from being
placed with the noncustodial or nonadjudicated parent.
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(c) If an African American or a disproportionately represented child's noncustodial or
nonadjudicated parent is unwilling or unable to provide daily care for the child and the court
has determined that the child's continued placement in the home of the child's noncustodial
or nonadjudicated parent would endanger the child's health, safety, or welfare, the child's
parent, custodian, or the child, when appropriate, has the right to select one or more relatives
who may be willing and able to provide temporary care for the child. The responsible social
services agency must place the child with a selected relative after assessing the relative's
willingness and ability to provide daily care for the child. If selected relatives are not available
or there is a documented safety concern with the relative placement, the responsible social
services agency shall consider additional relatives for the child's placement.
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(d) The responsible social services agency must inform selected relatives and the child's
parent or custodian of the difference between informal kinship care arrangements and
court-ordered foster care. If a selected relative and the child's parent or custodian request
an informal kinship care arrangement for a child's placement instead of court-ordered foster
care and such an arrangement will maintain the child's safety and well-being, the responsible
social services agency shall comply with the request and inform the court of the plan for
the child. The court shall honor the request to forego a court-ordered foster care placement
of the child in favor of an informal kinship care arrangement, unless the court determines
that the request is not in the best interests of the African American or disproportionately
represented child.
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(e) The responsible social services agency must make active efforts to support relatives
with whom a child is placed in completing the child foster care licensure process and
addressing barriers, disqualifications, or other issues affecting the relatives' licensure,
including but not limited to assisting relatives with requesting reconsideration of a
disqualification under section 245C.21.
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(f) The decision by a relative not to be considered as an African American or a
disproportionately represented child's foster care or temporary placement option shall not
be a basis for the responsible social services agency or the court to rule out the relative for
placement in the future or for denying the relative's request to be considered or selected as
a foster care or permanent placement for the child.
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Nothing in this section
shall be construed to prevent the emergency removal of an African American or a
disproportionately represented child's parent or custodian or the emergency placement of
the child in a foster setting in order to prevent imminent physical damage or harm to the
child.
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A petition for a
court order authorizing the emergency removal or continued emergency placement of an
African American or a disproportionately represented child or the petition's accompanying
documents must contain a statement of the risk of imminent physical damage or harm to
the African American or disproportionately represented child and any evidence that the
emergency removal or placement continues to be necessary to prevent imminent physical
damage or harm to the child. The petition or its accompanying documents must also contain
the following information:
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(1) the name, age, and last known address of the child;
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(2) the name and address of the child's parents and custodians, or, if unknown, a detailed
explanation of efforts made to locate and contact them;
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(3) the steps taken to provide notice to the child's parents and custodians about the
emergency proceeding;
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(4) a specific and detailed account of the circumstances that led the agency responsible
for the emergency removal of the child to take that action; and
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(5) a statement of the efforts that have been taken to assist the child's parents or custodians
so that the child may safely be returned to their custody.
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(a) The court shall hold a hearing no
later than 72 hours, excluding weekends and holidays, after the emergency removal of an
African American or a disproportionately represented child. The court shall determine
whether the emergency removal continues to be necessary to prevent imminent physical
damage or harm to the child.
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(b) The court shall hold additional hearings whenever new information indicates that
the emergency situation has ended. At any court hearing after the emergency proceeding,
the court must determine whether the emergency removal or placement is no longer necessary
to prevent imminent physical damage or harm to the child.
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(c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
or a disproportionately represented child who is subject to an emergency hearing under this
section and Minnesota Rules of Juvenile Protection Procedure, rule 30, must be represented
by counsel. The court must appoint qualified counsel to represent a parent if the parent
meets the eligibility requirements in section 611.17.
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(a) An emergency removal
or placement of an African American or a disproportionately represented child must
immediately terminate once the responsible social services agency or court possesses
sufficient evidence to determine that the emergency removal or placement is no longer
necessary to prevent imminent physical damage or harm to the child and the child shall be
immediately returned to the custody of the child's parent or custodian. The responsible social
services agency or court shall ensure that the emergency removal or placement terminates
immediately when the removal or placement is no longer necessary to prevent imminent
physical damage or harm to the African American or disproportionately represented child.
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(b) An emergency removal or placement ends when the court orders, after service upon
the African American or disproportionately represented child's parents or custodian, that
the child shall be placed in foster care upon a determination supported by clear and
convincing evidence that custody of the child by the child's parent or custodian is likely to
result in serious emotional or physical damage to the child.
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(c) In no instance shall emergency removal or emergency placement of an African
American or a disproportionately represented child extend beyond 30 days unless the court
finds by a showing of clear and convincing evidence that:
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(1) continued emergency removal or placement is necessary to prevent imminent physical
damage or harm to the child; and
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(2) it has not been possible to initiate a child placement proceeding with all of the
protections under sections 260.61 to 260.68.
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If
an African American or a disproportionately represented child cannot be returned to the
child's parent, the court shall, if possible, transfer permanent legal and physical custody of
the child to:
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(1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
return to the care of the parent or custodian from whom the child was removed or who had
legal custody at the time that the child was placed in foster care; or
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(2) a willing and able relative, according to the requirements of section 260C.515,
subdivision 4, if the court determines that reunification with the child's family is not an
appropriate permanency option for the child. Prior to the court ordering a transfer of
permanent legal and physical custody to a relative who is not a parent, the responsible social
services agency must inform the relative of Northstar kinship assistance benefits and
eligibility requirements and of the relative's ability to apply for benefits on behalf of the
child under chapter 256N.
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(a) A court shall not terminate
the parental rights of a parent of an African American or a disproportionately represented
child based solely on the parent's failure to complete case plan requirements.
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(b) A court shall not terminate the parental rights of a parent of an African American or
a disproportionately represented child in a child placement proceeding unless the allegations
against the parent involve sexual abuse; egregious harm as defined in section 260C.007,
subdivision 14; murder in the first, second, or third degree under section 609.185, 609.19,
or 609.195; murder of an unborn child in the first, second, or third degree under section
609.2661, 609.2662, or 609.2663; manslaughter of an unborn child in the first or second
degree under section 609.2664 or 609.2665; domestic assault by strangulation under section
609.2247; felony domestic assault under section 609.2242 or 609.2243; kidnapping under
section 609.25; solicitation, inducement, and promotion of prostitution under section 609.322,
subdivision 1, and subdivision 1a if one or more aggravating factors are present; criminal
sexual conduct under sections 609.342 to 609.3451; engaging in, hiring, or agreeing to hire
a minor to engage in prostitution under section 609.324, subdivision 1; solicitation of children
to engage in sexual conduct under section 609.352; possession of pornographic work
involving minors under section 617.247; malicious punishment or neglect or endangerment
of a child under section 609.377 or 609.378; use of a minor in sexual performance under
section 617.246; or failing to protect a child from an overt act or condition that constitutes
egregious harm.
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(c) Nothing in this subdivision precludes the court from terminating the parental rights
of a parent of an African American or a disproportionately represented child if the parent
desires to voluntarily terminate the parent's own parental rights for good cause under section
260C.301, subdivision 1, paragraph (a).
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Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
child whose parental rights have been terminated may appeal the decision within 90 days
of the service of notice by the court administrator of the filing of the court's order.
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(a) A responsible social
services agency employee who has duties related to child protection shall not knowingly:
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(1) make untrue statements about any case involving a child alleged to be in need of
protection or services;
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(2) intentionally withhold any information that may be material to a case involving a
child alleged to be in need of protection or services; or
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(3) fabricate or falsify any documentation or evidence relating to a case involving a child
alleged to be in need of protection or services.
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(b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
employment action.
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(a) When a responsible social services agency
makes a maltreatment determination involving an African American or a disproportionately
represented child or places an African American or a disproportionately represented child
in a foster care placement, the agency shall, within seven days of making a maltreatment
determination or initiating the child's foster care placement, notify the commissioner of the
maltreatment determination or foster care placement and of the steps that the agency has
taken to investigate and remedy the conditions that led to the maltreatment determination
or foster care placement. Upon receiving this notice, the commissioner shall review the
responsible social services agency's handling of the child's case to ensure that the case plan
and services address the unique needs of the child and the child's family and that the agency
is making active efforts to reunify and preserve the child's family. At all stages of a case
involving an African American or a disproportionately represented child, the responsible
social services agency shall, upon request, fully cooperate with the commissioner and, as
appropriate and as permitted under statute, provide access to all relevant case files.
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(b) In any adoptive or preadoptive placement proceeding involving an African American
or a disproportionately represented child under the guardianship of the commissioner, the
responsible social services agency shall notify the commissioner of the pending proceeding
and of the right of intervention. The notice must include the identity of the child and the
child's parents whose parental rights were terminated or who consented to the child's
adoption. Upon receipt of the notice, the commissioner shall review the case to ensure that
the requirements of this act have been met. When the responsible social services agency
has identified a nonrelative as an African American or a disproportionately represented
child's adoptive placement, no preadoptive or adoptive placement proceeding may be held
until at least 30 days after the commissioner receives the required notice or until an adoption
home study can be completed for a relative adoption, whichever occurs first. If the
commissioner requests additional time to prepare for the proceeding, the district court must
grant the commissioner up to 30 additional days to prepare for the proceeding. In cases in
which a responsible social services agency or party to a preadoptive or adoptive placement
knows or has reason to believe that a child is or may be African American or a
disproportionately represented child, proof of service upon the commissioner must be filed
with the adoption petition.
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(a) Each responsible social services agency shall conduct a review
of all child protection cases handled by the agency every 24 months, after establishing a
2024 baseline. The responsible social services agency shall report the agency's findings to
the county board, related child welfare committees, the Children's Justice Initiative team,
the commissioner, and community stakeholders within six months of gathering the relevant
case data. The case review must include:
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(1) the number of African American and disproportionately represented children
represented in the county child welfare system;
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(2) the number and sources of maltreatment reports received and reports screened in for
investigation or referred for family assessment and the race of the children and parents or
custodians involved in each report;
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(3) the number and race of children and parents or custodians who receive in-home
preventive case management services;
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(4) the number and race of children whose parents or custodians are referred to
community-based, culturally appropriate, strength-based, or trauma-informed services;
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(5) the number and race of children removed from their homes;
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(6) the number and race of children reunified with their parents or custodians;
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(7) the number and race of children whose parents or custodians are offered family group
decision-making services;
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(8) the number and race of children whose parents or custodians are offered the parent
support outreach program;
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(9) the number and race of children in foster care or out-of-home placement at the time
that the data is gathered;
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(10) the number and race of children who achieve permanency through a transfer of
permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
and
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(11) the number and race of children who are under the guardianship of the commissioner
or awaiting a permanency disposition.
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(b) The required case review must also:
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(1) identify barriers to reunifying children with their families;
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(2) identify the family conditions that led to the out-of-home placement;
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(3) identify any barriers to accessing culturally informed mental health or substance use
disorder treatment services for the parents or children;
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(4) document efforts to identify fathers and maternal and paternal relatives and to provide
services to custodial and noncustodial fathers, if appropriate; and
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(5) document and summarize court reviews of active efforts.
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(c) Any responsible social services agency that has a case review showing
disproportionality and disparities in child welfare outcomes for African American and other
disproportionately represented children and families, compared to the agency's overall
outcomes, must develop a remediation plan to be approved by the commissioner. The
responsible social services agency must develop the plan within 30 days of finding the
disproportionality or disparities and must make measurable improvements within 12 months
of the date that the commissioner approves the remediation plan. A responsible social
services agency may request assistance from the commissioner to develop a remediation
plan. The remediation plan must include measurable outcomes to identify, address, and
reduce the factors that led to the disproportionality and disparities in the agency's child
welfare outcomes and include information about how the responsible social services agency
will achieve and document trauma-informed, positive child well-being outcomes through
remediation efforts.
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Any responsible social services agency that fails to comply
with this section is subject to corrective action and a fine determined by the commissioner.
The commissioner shall use fines received under this subdivision to support compliance
with this act but shall not use amounts received to supplant funding for existing services.
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The commissioner shall establish an African American
Child Well-Being Unit within the Department of Human Services to assist counties and
monitor child welfare processes and outcomes to address and mitigate child welfare
disparities for African American children in Minnesota.
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The African American Child Well-Being Unit shall perform the
following functions:
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(1) assist with the development of African American cultural competency training and
review child welfare curriculum in the Minnesota Child Welfare Training Academy to
ensure that responsible social services agency staff and other child welfare professionals
are appropriately prepared to engage with African American families and to support family
preservation and reunification;
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(2) provide technical assistance, including on-site technical assistance, and case
consultation to responsible social services agencies to assist agencies with implementing
and complying with this act;
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(3) monitor the number and placement settings of African American children in
out-of-home placement statewide to identify trends and develop strategies to address
disproportionality in the child welfare system at the state and county levels;
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(4) develop and implement a system for conducting case reviews when the commissioner
receives reports of noncompliance with this act or when requested by the parent or custodian
of an African American child. Case reviews may include but are not limited to a review of
placement prevention efforts, safety planning, case planning and service provision by the
responsible social services agency, relative placement consideration, and permanency
planning;
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(5) establish and administer a request for proposals process for African American and
disproportionately represented family preservation grants under section 260.695, monitor
grant activities, and provide technical assistance to grantees;
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(6) coordinate services and create internal and external partnerships to support adequate
access to services and resources for African American children and families, including but
not limited to housing assistance, employment assistance, food and nutrition support, health
care, child care assistance, and educational support and training, in consultation with the
African American Child Welfare Oversight Council; and
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(7) develop public messaging and communication to inform the general public in
Minnesota about racial disparities in child welfare outcomes, current efforts and strategies
to reduce racial disparities, and resources available to African American children and families
involved in the child welfare system.
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The African American Child Well-Being Unit shall provide regular
updates on unit activities, including summary reports of case reviews, to the African
American Child Welfare Oversight Council and shall publish an annual census of African
American children in out-of-home placements statewide. The annual census shall include
data on the types of placements, age and sex of the children, how long the children have
been in out-of-home placements, and other relevant demographic information.
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The commissioner may engage the African
American Child Welfare Oversight Council for assistance in establishing the African
American Child Well-Being Unit and appointing individuals within the unit.
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The commissioner shall establish direct grants
to organizations, service providers, and programs owned and led by African Americans and
other individuals from communities disproportionately represented in the child welfare
system to provide services and support for African American and disproportionately
represented children and families involved in Minnesota's child welfare system, including
supporting existing eligible services and facilitating the development of new services and
providers, to create a more expansive network of service providers available for African
American and disproportionately represented children and families.
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(a) Services eligible for grants under this section include but
are not limited to:
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(1) child out-of-home placement prevention and reunification services;
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(2) family-based services and reunification therapy;
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(3) culturally specific individual and family counseling;
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(4) court advocacy;
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(5) training and consultation to responsible social services agencies and private social
services agencies regarding this act;
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(6) services to support informal kinship care arrangements; and
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(7) other activities and services approved by the commissioner that further the goals of
the Minnesota African American Family Preservation and Child Welfare Disproportionality
Act, including but not limited to the recruitment of African American staff and staff from
other communities disproportionately represented in the child welfare system to work for
responsible social services agencies and licensed child-placing agencies.
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(b) The commissioner may specify the priority of an activity and service based on its
success in furthering these goals. The commissioner shall give preference to programs and
service providers that are located in or serve counties with the highest rates of child welfare
disproportionality for African American and other disproportionately represented children
and families and employ staff who represent the population primarily served.
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Grant money may not be used to supplant funding for
existing services or for the following purposes:
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(1) child day care that is necessary solely because of the employment or training for
employment of a parent or another relative with whom the child is living;
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(2) foster care maintenance or difficulty of care payments;
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(3) residential treatment facility payments;
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(4) adoption assistance or Northstar kinship assistance payments under chapter 259A
or 256N;
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(5) public assistance payments for Minnesota family investment program assistance,
supplemental aid, medical assistance, general assistance, general assistance medical care,
or community health services; or
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(6) administrative costs for income maintenance staff.
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The commissioner shall request proposals for grants
under subdivisions 1, 2, and 3, and specify the information and criteria required.
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Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
The county attorney deleted text begin ordeleted text end new text begin ,new text end a parent whose parental rights were terminated
under a previous order of the courtnew text begin , an African American or a disproportionately represented
child who is ten years of age or older, the responsible social services agency, or a guardian
ad litemnew text end may file a petition for the reestablishment of the legal parent and child relationship.
A parent filing a petition under this section shall pay a filing fee in the amount required
under section 357.021, subdivision 2, clause (1). The filing fee may be waived deleted text begin pursuant to
chapter 563deleted text end new text begin in cases of indigencynew text end . A petition for the reestablishment of the legal parent and
child relationship may be filed when:
deleted text begin
(1) in cases where the county attorney is the petitioning party, both the responsible social
services agency and the county attorney agree that reestablishment of the legal parent and
child relationship is in the child's best interests;
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deleted text begin (2)deleted text end new text begin (1)new text end the parent has corrected the conditions that led to an order terminating parental
rights;
deleted text begin (3)deleted text end new text begin (2)new text end the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;
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(4) the child has been in foster care for at least 48 months after the court issued the order
terminating parental rights;
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deleted text begin (5)deleted text end new text begin (3)new text end the child has not been adopted; and
deleted text begin (6)deleted text end new text begin (4)new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.
Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:
(1) reestablishment of the legal parent and child relationship is in the child's best interests;
(2) the child has not been adopted;
(3) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;
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(4) at least 48 months have elapsed following a final order terminating parental rights
and the child remains in foster care;
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deleted text begin (5)deleted text end new text begin (4)new text end the child desires to reside with the parent;
deleted text begin (6)deleted text end new text begin (5)new text end the parent has corrected the conditions that led to an order terminating parental
rights; and
deleted text begin (7)deleted text end new text begin (6)new text end the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.
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The commissioner of human services shall collaborate
with the Children's Justice Initiative to ensure that cultural competency training is given to
individuals working in the child welfare system, including child welfare workers, supervisors,
attorneys, juvenile court judges, and family law judges.
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(a) The commissioner shall develop training content and establish
the frequency of trainings.
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(b) The cultural competency training under this section is required prior to or within six
months of beginning work with any African American or disproportionately represented
child and family. A responsible social services agency staff person who is unable to complete
the cultural competency training prior to working with African American or
disproportionately represented children and families must work with a qualified staff person
within the agency who has completed cultural competency training until the person is able
to complete the required training. The training must be available by January 1, 2025, and
must:
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(1) be provided by an African American individual or individual from a community that
is disproportionately represented in the child welfare system who is knowledgeable about
African American and other disproportionately represented social and cultural norms and
historical trauma;
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(2) raise awareness and increase a person's competency to value diversity, conduct a
self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
to diversity and the cultural contexts of communities served;
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(3) include instruction on effectively developing a safety plan and instruction on engaging
a safety network; and
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(4) be accessible and comprehensive and include the ability to ask questions.
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(c) The training may be provided in a series of segments, either in person or online.
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The commissioner shall provide an update to the legislative committees
with jurisdiction over child protection issues by January 1, 2025, on the rollout of the training
under subdivision 1 and the content and accessibility of the training under subdivision 2.
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The commissioner of human services shall establish a method to disaggregate data related
to African American and other child welfare disproportionality and begin disaggregating
data by January 1, 2025.
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A responsible social services agency must engage in best practices related to visitation
when an African American or a disproportionately represented child is in out-of-home
placement. When the child is in out-of-home placement, the responsible social services
agency shall make active efforts to facilitate regular and frequent visitation between the
child and the child's parents or custodians, the child's siblings, and the child's relatives. If
visitation is infrequent between the child and the child's parents, custodians, siblings, or
relatives, the responsible social services agency shall make active efforts to increase the
frequency of visitation and address any barriers to visitation.
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The commissioner of human services shall develop, maintain, and administer a publicly
accessible online compliance and feedback portal to receive reports of noncompliance with
the Minnesota African American Family Preservation and Child Welfare Disproportionality
Act under Minnesota Statutes, sections 260.61 to 260.68, and other statutes related to child
maltreatment, safety, and placement. Reports received through the portal must be transferred
for review and further action to the appropriate unit or department within the Department
of Human Services, including but not limited to the African American Child Well-Being
Unit.
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The commissioner of human services shall develop and publish guidance on best practices
for ensuring that African American and disproportionately represented children in foster
care maintain connections and relationships with their parents, custodians, and extended
relative and kin network. The commissioner shall also develop and publish best practice
guidance on engaging and assessing noncustodial and nonadjudicated parents to care for
their African American or disproportionately represented children who cannot remain with
the children's custodial parents.
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(a) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
of human services for the administration of the Minnesota African American Family
Preservation and Child Welfare Disproportionality Act under Minnesota Statutes, sections
260.61 to 260.695. This is an ongoing appropriation.
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(b) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
of human services for the development, maintenance, and administration of the child welfare
compliance and feedback portal. This is an ongoing appropriation.
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