SF 716

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/01/2024 01:16pm

A bill for an act
relating to human services; establishing the Minnesota African American Family
Preservation and Child Welfare Disproportionality Act; establishing the African
American Child Welfare Council; 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:

Section 1.

new text begin [260.61] CITATION.
new text end

new text begin Sections 260.61 to 260.695 may be cited as the "Minnesota African American Family
Preservation and Child Welfare Disproportionality Act."
new text end

Sec. 2.

new text begin [260.62] PURPOSES.
new text end

new text begin (a) The purposes of the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act are to:
new text end

new text begin (1) protect the best interests of African American and disproportionately represented
children;
new text end

new text begin (2) promote the stability and security of African American and disproportionately
represented children and families by establishing minimum standards to prevent arbitrary
and unnecessary removal of African American and disproportionately represented children
from their families; and
new text end

new text begin (3) improve permanency outcomes, including family reunification, for African American
and disproportionately represented children.
new text end

new text begin (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.
new text end

Sec. 3.

new text begin [260.63] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to sections 260.61 to 260.695.
new text end

new text begin Subd. 2. new text end

new text begin Active efforts. new text end

new text begin "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
disproportionately represented child and the child's family. To provide active efforts to
preserve an African American or disproportionately represented child's family, the responsible
social services agency must continuously involve an African American or disproportionately
represented child's family and the African American Child Welfare Oversight Council 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 disproportionately represented family's social and cultural
values at all times while providing services to an African American or disproportionately
represented child and family. Active efforts includes continuous efforts to preserve an
African American or disproportionately represented child's family and to prevent the
out-of-home placement of an African American or disproportionately represented child. If
an African American or 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.
new text end

new text begin Subd. 3. new text end

new text begin Adoptive placement. new text end

new text begin "Adoptive placement" means the permanent placement
of an African American or 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.
new text end

new text begin Subd. 4. new text end

new text begin African American child. new text end

new text begin "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.
new text end

new text begin Subd. 5. new text end

new text begin Best interests of the African American or disproportionately represented
child. new text end

new text begin 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.
new text end

new text begin Subd. 6. new text end

new text begin Child placement proceeding. new text end

new text begin (a) "Child placement proceeding" means any
judicial proceeding that could result in:
new text end

new text begin (1) an adoptive placement;
new text end

new text begin (2) a foster care placement;
new text end

new text begin (3) a preadoptive placement; or
new text end

new text begin (4) a termination of parental rights.
new text end

new text begin (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:
new text end

new text begin (1) an act which if committed by an adult would be deemed a crime; or
new text end

new text begin (2) an award of child custody in a divorce proceeding to one of the child's parents.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human services
or the commissioner's designee.
new text end

new text begin Subd. 8. new text end

new text begin Custodian. new text end

new text begin "Custodian" means any person who is under a legal obligation to
provide care and support for an African American or disproportionately represented child,
or who is in fact providing daily care and support for an African American or
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.
new text end

new text begin Subd. 9. new text end

new text begin Disproportionality. new text end

new text begin "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.
new text end

new text begin Subd. 10. new text end

new text begin Disproportionately represented child. new text end

new text begin "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.
new text end

new text begin Subd. 11. new text end

new text begin Egregious harm. new text end

new text begin "Egregious harm" has the meaning given in section 260E.03,
subdivision 5.
new text end

new text begin Subd. 12. new text end

new text begin Foster care placement. new text end

new text begin "Foster care placement" means the court-ordered
removal of an African American or 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.
new text end

new text begin Subd. 13. new text end

new text begin Imminent physical damage or harm. new text end

new text begin "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.
new text end

new text begin Subd. 14. new text end

new text begin Responsible social services agency. new text end

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

new text begin Subd. 15. new text end

new text begin Parent. new text end

new text begin "Parent" means the biological parent of an African American or
disproportionately represented child or any person who has legally adopted an African
American or 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.
new text end

new text begin Subd. 16. new text end

new text begin Preadoptive placement. new text end

new text begin "Preadoptive placement" means a responsible social
services agency's placement of an African American or 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.
new text end

new text begin Subd. 17. new text end

new text begin Relative. new text end

new text begin "Relative" means:
new text end

new text begin (1) an individual related to the child by blood, marriage, or adoption;
new text end

new text begin (2) a legal parent, guardian, or custodian of the child's sibling;
new text end

new text begin (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
new text end

new text begin (4) an individual who the child or the child's family identify as related to the child's
family.
new text end

new text begin Subd. 18. new text end

new text begin Safety network. new text end

new text begin "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.
new text end

new text begin Subd. 19. new text end

new text begin Sexual abuse. new text end

new text begin "Sexual abuse" has the meaning given in section 260E.03,
subdivision 20.
new text end

new text begin Subd. 20. new text end

new text begin Termination of parental rights. new text end

new text begin "Termination of parental rights" means an
action resulting in the termination of the parent-child relationship under section 260C.301.
new text end

Sec. 4.

new text begin [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
PROMOTE FAMILY REUNIFICATION.
new text end

new text begin (a) A responsible social services agency shall make active efforts to prevent the
out-of-home placement of an African American or disproportionately represented child,
eliminate the need for a child's removal from the child's home, and reunify an African
American or disproportionately represented child with the child's family as soon as
practicable.
new text end

new text begin (b) Prior to petitioning the court to remove an African American or 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:
new text end

new text begin (1) make active efforts to engage the child's parent or custodian and the child, when
appropriate;
new text end

new text begin (2) assess the family's cultural and economic needs;
new text end

new text begin (3) hold a family group consultation meeting and connect the family with supports, to
establish a safety network for the family; and
new text end

new text begin (4) provide support, guidance, and input to assist the family and the family's safety
network with developing the safety plan.
new text end

new text begin (c) The safety plan must:
new text end

new text begin (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;
new text end

new text begin (2) incorporate family and community support to ensure the child's safety while keeping
the family intact; and
new text end

new text begin (3) be adjusted as needed to address the child's and family's ongoing needs and support.
new text end

new text begin The responsible social services agency is not required to establish a safety plan in a case
with allegations of sexual abuse or egregious harm.
new text end

new text begin (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 disproportionately represented child alleged to be in need of
protection or services. At each hearing regarding an African American or 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.
new text end

new text begin (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.
new text end

Sec. 5.

new text begin [260.65] NONCUSTODIAL PARENTS; TEMPORARY OUT-OF-HOME
PLACEMENT.
new text end

new text begin (a) Prior to or within 48 hours of the removal of an African American or
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.
new text end

new text begin (b) Notwithstanding the provisions of section 260C.219, the responsible social services
agency must assess an African American or 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.
new text end

new text begin (c) If an African American or 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 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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (f) The decision by a relative not be considered as an African American or
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 of the child.
new text end

Sec. 6.

new text begin [260.66] EMERGENCY REMOVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Emergency removal or placement permitted. new text end

new text begin Nothing in this section
shall be construed to prevent the emergency removal of an African American or
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.
new text end

new text begin Subd. 2. new text end

new text begin Petition for emergency removal; placement requirements. new text end

new text begin A petition for a
court order authorizing the emergency removal or continued emergency placement of an
African American or 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:
new text end

new text begin (1) the name, age, and last known address of the child;
new text end

new text begin (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;
new text end

new text begin (3) the steps taken to provide notice to the child's parents and custodians about the
emergency proceeding;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Emergency proceeding requirements. new text end

new text begin (a) The court shall hold a hearing no
later than 72 hours, excluding weekends and holidays, after the emergency removal of the
African American or 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.
new text end

new text begin (b) The court shall hold additional hearings whenever new information indicates that
the emergency situation has ended and at any court hearing during the emergency proceeding
to determine whether the emergency removal or placement is no longer necessary to prevent
imminent physical damage or harm to the child.
new text end

new text begin (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 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.
new text end

new text begin Subd. 4. new text end

new text begin Termination of emergency removal or placement. new text end

new text begin (a) An emergency removal
or placement of an African American or 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 removal or placement is no longer necessary to prevent imminent physical
damage or harm to the African American or disproportionately represented child.
new text end

new text begin (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.
new text end

new text begin (c) In no instance shall emergency removal or emergency placement of an African
American or disproportionately represented child extend beyond 30 days unless the court
finds by a showing of clear and convincing evidence that:
new text end

new text begin (1) continued emergency removal or placement is necessary to prevent imminent physical
damage or harm to the child; and
new text end

new text begin (2) it has not been possible to initiate a child placement proceeding with all of the
protections under sections 260.61 to 260.68.
new text end

Sec. 7.

new text begin [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Preference for transfer of permanent legal and physical custody. new text end

new text begin If
an African American or 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:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Termination of parental rights restrictions. new text end

new text begin (a) A court shall not terminate
the parental rights of a parent of an African American or disproportionately represented
child based solely on the parent's failure to complete case plan requirements.
new text end

new text begin (b) A court shall not terminate the parental rights of a parent of an African American or
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.
new text end

new text begin (c) Nothing in this subdivision precludes the court from terminating the parental rights
of a parent of an African American or disproportionately represented child who for good
cause desires to voluntarily terminate parental rights of the parent's child under section
260C.301, subdivision 1, paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Appeals. new text end

new text begin Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
rule 47.02, subdivision 2, a parent of an African American or 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.
new text end

Sec. 8.

new text begin [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
CASE REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Responsible social services agency conduct. new text end

new text begin (a) A responsible social
services agency employee who has duties related to child protection shall not knowingly:
new text end

new text begin (1) make untrue statements about any case involving a child alleged to be in need of
protection or services;
new text end

new text begin (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
new text end

new text begin (3) fabricate or falsify any documentation or evidence relating to a case involving a child
alleged to be in need of protection or services.
new text end

new text begin (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
employment action.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner notification. new text end

new text begin (a) When a responsible social services agency
makes a maltreatment determination involving an African American or disproportionately
represented child or places an African American or 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 disproportionately represented child, the responsible
social services agency shall, upon request, fully cooperate with the commissioner and the
African American Child Welfare Oversight Council and, as appropriate and as permitted
under statute, provide access to all relevant case files.
new text end

new text begin (b) In any adoptive or preadoptive placement proceeding involving an African American
or 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 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.
new text end

new text begin Subd. 3. new text end

new text begin Case review. new text end

new text begin (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 African American Child Welfare Oversight Council, the commissioner, and community
stakeholders within six months of gathering the relevant case data. For situations in which
the case review consists of fewer than five cases, the responsible social services agency
must only report the case data to the African American Child Welfare Oversight Council.
The case review must include:
new text end

new text begin (1) the number of African American and disproportionately represented children
represented in the county child welfare system;
new text end

new text begin (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;
new text end

new text begin (3) the number and race of children and parents or custodians who receive in-home
preventive case management services;
new text end

new text begin (4) the number and race of children whose parents or custodians are referred to
community-based, culturally appropriate, strength-based, or trauma-informed services;
new text end

new text begin (5) the number and race of children removed from their homes;
new text end

new text begin (6) the number and race of children reunified with their parents or custodians;
new text end

new text begin (7) the number and race of children whose parents or custodians are offered family group
decision-making services;
new text end

new text begin (8) the number and race of children whose parents or custodians are offered the parent
support outreach program;
new text end

new text begin (9) the number and race of children in foster care or out-of-home placement at the time
that the data is gathered;
new text end

new text begin (10) the number and race of children who achieve permanency a through transfer of
permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
and
new text end

new text begin (11) the number and race of children who are under the guardianship of the commissioner
or awaiting a permanency disposition.
new text end

new text begin (b) The required case review must also:
new text end

new text begin (1) identify barriers to reunifying children with their families;
new text end

new text begin (2) identify the family conditions that led to the out-of-home placement;
new text end

new text begin (3) identify any barriers to accessing culturally informed mental health or substance use
disorder treatment services for the parents or children;
new text end

new text begin (4) document efforts to identify fathers and maternal and paternal relatives and to provide
services to custodial and noncustodial fathers, if appropriate; and
new text end

new text begin (5) document and summarize court reviews of active efforts.
new text end

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Noncompliance. new text end

new text begin 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.
new text end

Sec. 9.

new text begin [260.69] AFRICAN AMERICAN CHILD WELFARE OVERSIGHT
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The commissioner shall establish an African American
Child Welfare Oversight Council to formulate and recommend policies and procedures
relating to child welfare services for African American children to ensure that responsible
social services agencies provide African American families with culturally relevant family
preservation services and opportunities to care for their children safely in their homes.
new text end

new text begin (b) The commissioner shall convene an initial selection committee to appoint council
members. The selection committee shall consist of representatives from the Council on
Minnesotans of African Heritage, the ombudsperson for African American Families, and
the larger African American community.
new text end

new text begin (c) The terms, compensation, and removal of council members are as provided in section
15.059. The advisory council does not expire. The commissioner shall provide administrative
support to the council.
new text end

new text begin Subd. 2. new text end

new text begin Membership and composition. new text end

new text begin (a) The council shall consist of 15 members
and must include:
new text end

new text begin (1) five members from African American families and communities that have been
impacted by the child welfare system, including community leaders and community members;
new text end

new text begin (2) one responsible social services agency representative from each of the six counties
with the highest populations of disproportionately represented African American children
in the state; and
new text end

new text begin (3) four parents or custodians of African American children, two who reside in the
seven-county metropolitan area and two who reside outside of the seven-county metropolitan
area.
new text end

new text begin (b) The council shall have two cochairs, chosen by the council.
new text end

new text begin Subd. 3. new text end

new text begin Meeting. new text end

new text begin The commissioner shall convene the first meeting of the council no
later than December 15, 2024. The council shall meet at least six times per year, but may
meet more frequently at the call of the chair, a majority of the council members, or the
commissioner. Subgroups of the council may meet more frequently as necessary.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The African American Child Welfare Oversight Council shall:
new text end

new text begin (1) review annual reports related to African American children in out-of-home placement;
new text end

new text begin (2) assist in and make recommendations to the commissioner for developing strategies
to prevent out-of-home placement, promote culturally appropriate foster care and shelter
or facility placement decisions and settings for African American children, and improve
child welfare outcomes for African American children and families;
new text end

new text begin (3) review summary reports on case reviews prepared by the commissioner to ensure
that responsible social services agencies meet the needs of African American families. The
council may review individual case information with identifying information redacted to
provide context and oversight, to address disparities in the treatment of African American
children and families as compared to other children and families involved in the child welfare
system;
new text end

new text begin (4) assist the Cultural and Ethnic Communities Leadership Council with making
recommendations to the commissioner and the legislature for public policy and statutory
changes that specifically consider the needs of African American children and families
involved in the child welfare system;
new text end

new text begin (5) advise the commissioner and responsible social services agencies on stakeholder
engagement and actions that the commissioner and agencies may take to improve child
welfare outcomes for African American children and families;
new text end

new text begin (6) assist the commissioner with developing strategies for public messaging and
communication related to racial disparities in child welfare outcomes for African American
children and families;
new text end

new text begin (7) assist the commissioner with identifying and developing 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; and
new text end

new text begin (8) identify barriers to the development of a racially and ethnically diverse child welfare
workforce in Minnesota that includes professionals who have been directly impacted by
experiences within the child welfare system and explore strategies and partnerships to
address education and training needs, and hiring and recruitment practices.
new text end

new text begin Subd. 5. new text end

new text begin Case review. new text end

new text begin (a) The council may initiate a secondary case review of an African
American child's case upon the request of a child's parent or custodian, or the child, if the
council determines that a secondary case review is appropriate, after reviewing the
commissioner's summary report and conclusions from the initial case review. The purpose
of a secondary case review under this subdivision is to provide recommendations to the
commissioner and the responsible social services agency to improve the child welfare system
and provide better outcomes for the child and the child's family.
new text end

new text begin (b) Upon the request of the parent, custodian, or child, members of the African American
Child Welfare Oversight Council shall have access to the following data, as permitted under
applicable statutes, for a child's case review under this subdivision:
new text end

new text begin (1) law enforcement investigative data;
new text end

new text begin (2) autopsy records and coroner or medical examiner investigative data;
new text end

new text begin (3) hospital, public health, and other medical records of the child;
new text end

new text begin (4) hospital and other medical records of the child's parent that relate to prenatal care;
new text end

new text begin (5) records of any responsible social services agency that provided services to the child
or family; and
new text end

new text begin (6) a responsible social services agency's personnel data regarding any agency employees
who provided services to the child or child's family members.
new text end

new text begin A state agency, statewide system, or political subdivision shall provide the data in paragraph
(b) to the African American Oversight Council and the council's members upon request of
the commissioner. Not public data may be shared with members of the council in connection
with an individual case.
new text end

new text begin (c) Not public data acquired by the African American Child Welfare Oversight Council
in the exercise of its duties retains its original classification. The commissioner may not
disclose data on individuals that were classified as confidential or private data on individuals
in possession of the state agency, statewide system, or political subdivision from which the
data were received, except that the commissioner may disclose responsible social services
agency data as provided in section 260E.35, subdivision 7, on individual cases involving a
fatality or near fatality of a person served by the responsible social services agency prior to
the date of the death or incident.
new text end

new text begin (d) The proceedings and records of the council that pertain to the case review of an
individual child are private data or confidential data, to the extent that they contain data on
an active investigation. Information, documents, and records otherwise available from other
sources are not immune from discovery or use in a civil or criminal action solely because
the information, documents, and records were presented during proceedings of the council.
A person who presented information before the council or who is a member of the council
is not prevented from testifying about matters within the person's knowledge.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin By January 1 of each year, beginning January 1, 2026, the
council shall report to the chairs and ranking minority members of the legislative committees
with jurisdiction over child protection on the council's activities under subdivision 4 and
other issues on which the council chooses to report. The report may include recommendations
for statutory changes to improve the child protection system and child welfare outcomes
for African American children and families.
new text end

new text begin Subd. 7. new text end

new text begin Open Meeting Law. new text end

new text begin Meetings of the council are subject to the Minnesota Open
Meeting Law under chapter 13D. Notwithstanding chapter 13D, portions of any meeting
that pertain to case review of an individual child's case are closed, and not subject to the
Open Meeting Law.
new text end

Sec. 10.

new text begin [260.694] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The African American Child Well-Being Unit shall perform the
following functions:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Establishment and staffing. new text end

new text begin 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.
new text end

Sec. 11.

new text begin [260.695] AFRICAN AMERICAN AND DISPROPORTIONATELY
REPRESENTED FAMILY PRESERVATION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Primary support grants. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Eligible services. new text end

new text begin (a) Services eligible for grants under this section include but
are not limited to:
new text end

new text begin (1) child out-of-home placement prevention and reunification services;
new text end

new text begin (2) family-based services and reunification therapy;
new text end

new text begin (3) culturally specific individual and family counseling;
new text end

new text begin (4) court advocacy;
new text end

new text begin (5) training and consultation to responsible social services agencies and private social
services agencies regarding this act;
new text end

new text begin (6) services to support informal kinship care arrangements; and
new text end

new text begin (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, for responsible
social services agencies and licensed child-placing agencies.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Ineligible services. new text end

new text begin Grant money may not be used to supplant funding for
existing services or for the following purposes:
new text end

new text begin (1) child day care that is necessary solely because of the employment or training for
employment of a parent or other relative with whom the child is living;
new text end

new text begin (2) foster care maintenance or difficulty of care payments;
new text end

new text begin (3) residential treatment facility payments;
new text end

new text begin (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
or 256N;
new text end

new text begin (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
new text end

new text begin (6) administrative costs for income maintenance staff.
new text end

new text begin Subd. 4. new text end

new text begin Requests for proposals. new text end

new text begin The commissioner shall request proposals for grants
under subdivisions 1, 2, and 3, and specify the information and criteria required.
new text end

Sec. 12.

Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:

Subd. 3.

Petition.

The county attorney deleted text begin or deleted text end new text begin , new text end a parent whose parental rights were terminated
under a previous order of the court new text begin , an African American or disproportionately represented
child who is ten years of age or older, the responsible social services agency, or a guardian
ad litem new 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 563 deleted text end new text begin in cases of indigency new 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;
deleted text end

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;

deleted text begin (4) the child has been in foster care for at least 48 months after the court issued the order
terminating parental rights;
deleted text end

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.

Sec. 13.

Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:

Subd. 8.

Hearing.

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;

deleted text begin (4) at least 48 months have elapsed following a final order terminating parental rights
and the child remains in foster care;
deleted text end

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.

Sec. 14. new text begin CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS WORKING
WITH AFRICAN AMERICAN AND DISPROPORTIONATELY REPRESENTED
FAMILIES AND CHILDREN IN THE CHILD WELFARE SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin (a) The commissioner shall consult with the African American Child
Welfare Oversight Council to develop training content and establish the frequency of
trainings.
new text end

new text begin (b) The training 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 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:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (3) include instruction on effectively developing a safety plan and instruction on engaging
a safety network; and
new text end

new text begin (4) be accessible and comprehensive and include the ability to ask questions.
new text end

new text begin (c) The training may be provided in a series of segments, either in person or online.
new text end

new text begin Subd. 3. new text end

new text begin Update. new text end

new text begin The commissioner, in coordination with the African American Child
Welfare Oversight Council, 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.
new text end

Sec. 15. new text begin DISAGGREGATE DATA.
new text end

new text begin The commissioner of human services shall work with the African American Child
Welfare Oversight Council to establish a method to disaggregate data related to African
American and other child welfare disproportionality, and begin disaggregating data by
January 1, 2025.
new text end

Sec. 16. new text begin ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN AND
DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
PLACEMENT.
new text end

new text begin A responsible social services agency must engage in best practices related to visitation
when an African American or 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.
new text end

Sec. 17. new text begin CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
new text end

new text begin 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, and to the African American Child Welfare Oversight Council, if appropriate.
new text end

Sec. 18. new text begin DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
IN FOSTER CARE BEST PRACTICES.
new text end

new text begin 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.
new text end

Sec. 19. new text begin APPROPRIATIONS.
new text end

new text begin (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.
new text end

new text begin (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.
new text end