SF 747

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

  1.1                          A bill for an act 
  1.2             relating to children; child protection; providing a 
  1.3             uniform process for children in need of protection or 
  1.4             services petitions; providing certain notice in 
  1.5             voluntary placements; providing for access to certain 
  1.6             data on children; providing for contact and 
  1.7             communication agreements in adoption; modifying the 
  1.8             reasonable efforts requirement when a child has been 
  1.9             placed outside the home; clarifying and modifying time 
  1.10            requirements for permanency planning; providing 
  1.11            earlier notice to relatives of permanency planning for 
  1.12            a child; modifying grounds for termination of parental 
  1.13            rights; appropriating money; amending Minnesota 
  1.14            Statutes 1996, sections 256E.03, subdivision 2; 
  1.15            257.071, subdivisions 3, 4, and by adding 
  1.16            subdivisions; 257.072, subdivision 1; 259.41; 259.59, 
  1.17            by adding a subdivision; 259.67, subdivision 2; 
  1.18            260.012; 260.015, subdivisions 2a and 29; 260.131, 
  1.19            subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 
  1.20            4, and 8; 260.161, by adding a subdivision; 260.165, 
  1.21            subdivision 3; 260.191, subdivisions 3a, 3b, and 4; 
  1.22            260.192; 260.221, subdivisions 1 and 5; and 260.241, 
  1.23            subdivisions 1 and 3; proposing coding for new law in 
  1.24            Minnesota Statutes, chapters 257; and 259; repealing 
  1.25            Minnesota Statutes 1996, section 259.33. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  Minnesota Statutes 1996, section 256E.03, 
  1.28  subdivision 2, is amended to read: 
  1.29     Subd. 2.  (a) "Community social services" means services 
  1.30  provided or arranged for by county boards to fulfill the 
  1.31  responsibilities prescribed in section 256E.08, subdivision 1, 
  1.32  to the following groups of persons: 
  1.33     (1) families with children under age 18, who are 
  1.34  experiencing child dependency, neglect or abuse, and also 
  1.35  pregnant adolescents, adolescent parents under the age of 18, 
  2.1   and their children, and other adolescents; 
  2.2      (2) persons, including adolescents, who are under the 
  2.3   guardianship of the commissioner of human services as dependent 
  2.4   and neglected wards; 
  2.5      (3) adults who are in need of protection and vulnerable as 
  2.6   defined in section 626.5572; 
  2.7      (4) persons age 60 and over who are experiencing difficulty 
  2.8   living independently and are unable to provide for their own 
  2.9   needs; 
  2.10     (5) emotionally disturbed children and adolescents, 
  2.11  chronically and acutely mentally ill persons who are unable to 
  2.12  provide for their own needs or to independently engage in 
  2.13  ordinary community activities; 
  2.14     (6) persons with mental retardation as defined in section 
  2.15  252A.02, subdivision 2, or with related conditions as defined in 
  2.16  section 252.27, subdivision 1a, who are unable to provide for 
  2.17  their own needs or to independently engage in ordinary community 
  2.18  activities; 
  2.19     (7) drug dependent and intoxicated persons, including 
  2.20  adolescents, as defined in section 254A.02, subdivisions 5 and 
  2.21  7, and persons, including adolescents, at risk of harm to self 
  2.22  or others due to the ingestion of alcohol or other drugs; 
  2.23     (8) parents whose income is at or below 70 percent of the 
  2.24  state median income and who are in need of child care services 
  2.25  in order to secure or retain employment or to obtain the 
  2.26  training or education necessary to secure employment; and 
  2.27     (9) children and adolescents involved in or at risk of 
  2.28  involvement with criminal activity; and 
  2.29     (10) other groups of persons who, in the judgment of the 
  2.30  county board, are in need of social services. 
  2.31     (b) Except as provided in section 256E.08, subdivision 5, 
  2.32  community social services do not include public assistance 
  2.33  programs known as aid to families with dependent children, 
  2.34  Minnesota supplemental aid, medical assistance, general 
  2.35  assistance, general assistance medical care, or community health 
  2.36  services authorized by sections 145A.09 to 145A.13.  
  3.1      Sec. 2.  [257.069] [INFORMATION FOR CHILD PLACEMENT.] 
  3.2      Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
  3.3   agency with legal responsibility for the placement of a child 
  3.4   may request and shall receive all information pertaining to the 
  3.5   child that it considers necessary to appropriately carry out its 
  3.6   duties.  That information must include educational, medical, 
  3.7   psychological, psychiatric, and social or family history data 
  3.8   retained in any form by any individual or entity.  The agency 
  3.9   may gather appropriate data regarding the child's parents in 
  3.10  order to develop and implement a case plan required by section 
  3.11  257.071.  Upon request of the court responsible for overseeing 
  3.12  the provision of services to the child and family and for 
  3.13  implementing orders that are in the best interest of the child, 
  3.14  the responsible local social service agency or tribal social 
  3.15  service agency shall provide appropriate written or oral reports 
  3.16  from any individual or entity that has provided services to the 
  3.17  child or family.  The reports must include the nature of the 
  3.18  services being provided the child or family; the reason for the 
  3.19  services; the nature, extent, and quality of the child's or 
  3.20  parent's participation in the services, where appropriate; and 
  3.21  recommendations for continued services, where appropriate.  The 
  3.22  individual or entity shall report all observations and 
  3.23  information upon which it bases its report as well as its 
  3.24  conclusions.  If necessary to facilitate the receipt of the 
  3.25  reports, the court may issue appropriate orders. 
  3.26     Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
  3.27  agency responsible for the residential placement of a child 
  3.28  under this section and the residential facility in which the 
  3.29  child is placed shall have access to the following data on the 
  3.30  child: 
  3.31     (1) medical data under section 13.45; 
  3.32     (2) corrections and detention data under section 13.85; 
  3.33     (3) juvenile court data under section 260.161; and 
  3.34     (4) health records under section 144.335. 
  3.35     Sec. 3.  Minnesota Statutes 1996, section 257.071, is 
  3.36  amended by adding a subdivision to read: 
  4.1      Subd. 1c.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
  4.2   social service agency shall inform a parent considering 
  4.3   voluntary placement of a child who is not developmentally 
  4.4   disabled or emotionally handicapped of the following: 
  4.5      (1) the parent and the child each has a right to separate 
  4.6   legal counsel before signing a voluntary placement agreement, 
  4.7   but not to counsel appointed at public expense; 
  4.8      (2) that the parent and child have the right to counsel at 
  4.9   the beginning of a case plan and the child has a right to a 
  4.10  guardian ad litem, and that counsel will be appointed at public 
  4.11  expense if they are unable to afford counsel; 
  4.12     (3) the parent is not required to agree to the voluntary 
  4.13  placement, and a parent who enters a voluntary placement 
  4.14  agreement may at any time request that the agency return the 
  4.15  child.  If the parent so requests, the child must be returned 
  4.16  within 24 hours of the receipt of the request; 
  4.17     (4) evidence gathered during the time the child is 
  4.18  voluntarily placed may be used at a later time as the basis for 
  4.19  a petition alleging that the child is in need of protection or 
  4.20  services or as the basis for a petition seeking termination of 
  4.21  parental rights; 
  4.22     (5) if the local social service agency files a petition 
  4.23  alleging that the child is in need of protection or services or 
  4.24  a petition seeking the termination of parental rights, the 
  4.25  parent would have the right to appointment of separate legal 
  4.26  counsel and the child would have a right to the appointment of 
  4.27  counsel and a guardian ad litem as provided by law, and that 
  4.28  counsel will be appointed at public expense if they are unable 
  4.29  to afford counsel; and 
  4.30     (6) the timelines and procedures for review of voluntary 
  4.31  placements under section 257.071, subdivision 3, and the effect 
  4.32  the time spent in voluntary placement on the scheduling of a 
  4.33  permanent placement determination hearing under section 260.191, 
  4.34  subdivision 3b.  
  4.35     Sec. 4.  Minnesota Statutes 1996, section 257.071, is 
  4.36  amended by adding a subdivision to read: 
  5.1      Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
  5.2   after a child is initially placed in a residential facility, the 
  5.3   local social service agency shall identify any relatives of the 
  5.4   child and notify them of the possibility of a permanent 
  5.5   out-of-home placement of the child, and that a decision not to 
  5.6   be a permanent resource at the beginning of the case may affect 
  5.7   the relative's right to have the child placed with that relative 
  5.8   later.  The relatives must be notified that they must keep the 
  5.9   local social service agency informed of their current address in 
  5.10  order to receive notice of any permanent placement hearing.  A 
  5.11  relative who fails to provide a current address to the local 
  5.12  social service agency forfeits the right to notice of permanent 
  5.13  placement. 
  5.14     (b) When the agency determines that it is necessary to 
  5.15  prepare for the permanent placement determination hearing or in 
  5.16  anticipation of filing a termination of parental rights 
  5.17  petition, the agency shall send notice to the relatives, any 
  5.18  adult with whom the child is currently residing, any adult with 
  5.19  whom the child has resided for one year or longer in the past, 
  5.20  and any adults who have maintained a relationship or exercised 
  5.21  visitation with the child as identified in the agency case 
  5.22  plan.  The notice must state that a permanent home is sought for 
  5.23  the child and that the individuals receiving the notice may 
  5.24  indicate to the agency their interest in providing a permanent 
  5.25  home.  The notice must contain an advisory that if the relative 
  5.26  chooses not to be a placement resource at the beginning of the 
  5.27  case, this may affect the relative's rights to have the child 
  5.28  placed with that relative permanently later on. 
  5.29     Sec. 5.  Minnesota Statutes 1996, section 257.071, is 
  5.30  amended by adding a subdivision to read:  
  5.31     Subd. 1e.  [CHANGE IN PLACEMENT.] If a child is removed 
  5.32  from a permanent placement disposition authorized under section 
  5.33  260.191, subdivision 3b, within one year after the placement was 
  5.34  made: 
  5.35     (1) the child must be returned to the residential facility 
  5.36  where the child was placed immediately preceding the permanent 
  6.1   placement; or 
  6.2      (2) the court shall hold a hearing within ten days after 
  6.3   the child is taken into custody to determine where the child is 
  6.4   to be placed.  A guardian ad litem must be appointed for the 
  6.5   child for this hearing. 
  6.6      Sec. 6.  Minnesota Statutes 1996, section 257.071, 
  6.7   subdivision 3, is amended to read: 
  6.8      Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
  6.9   provided in subdivision 4, if the child has been placed in a 
  6.10  residential facility pursuant to a voluntary release by the 
  6.11  parent or parents, and is not returned home within six months 90 
  6.12  days after initial placement in the residential facility, the 
  6.13  social service agency responsible for the placement shall: 
  6.14     (1) return the child to the home of the parent or parents; 
  6.15  or 
  6.16     (2) file an appropriate a petition pursuant to section 
  6.17  260.131 or 260.231 to extend the placement for 90 days. 
  6.18     The case plan must be updated when a petition is filed and 
  6.19  must include a specific plan for permanency.  The parent, legal 
  6.20  guardian, or legal custodian and child have a right to counsel 
  6.21  at this hearing and the court shall appoint counsel at public 
  6.22  expense if they are unable to afford counsel. 
  6.23     If the court approves the extension, at the end of the 
  6.24  second 90-day period, the child must be returned to the parent's 
  6.25  home, unless a petition is filed for a child in need of 
  6.26  protection or services. 
  6.27     Sec. 7.  Minnesota Statutes 1996, section 257.071, 
  6.28  subdivision 4, is amended to read: 
  6.29     Subd. 4.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
  6.30  EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
  6.31  disabled child, as that term is defined in United States Code, 
  6.32  title 42, section 6001 (7), as amended through December 31, 
  6.33  1979, or a child diagnosed with an emotional handicap as defined 
  6.34  in section 252.27, subdivision 1a, has been placed in a 
  6.35  residential facility pursuant to a voluntary release by the 
  6.36  child's parent or parents because of the child's handicapping 
  7.1   conditions or need for long-term residential treatment or 
  7.2   supervision, the social service agency responsible for the 
  7.3   placement shall bring a petition for review of the child's 
  7.4   foster care status, pursuant to section 260.131, subdivision 1a, 
  7.5   rather than a petition as required by subdivision 3, clause 
  7.6   (b) section 260.191, subdivision 3b, after the child has been in 
  7.7   foster care for 18 six months or, in the case of a child with an 
  7.8   emotional handicap, after the child has been in a residential 
  7.9   facility for six months.  Whenever a petition for review is 
  7.10  brought pursuant to this subdivision, a guardian ad litem shall 
  7.11  be appointed for the child. 
  7.12     Sec. 8.  Minnesota Statutes 1996, section 257.072, 
  7.13  subdivision 1, is amended to read: 
  7.14     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
  7.15  authorized child-placing agency shall make special efforts to 
  7.16  recruit a foster family from among the child's relatives, except 
  7.17  as authorized in section 260.181, subdivision 3.  Each agency 
  7.18  shall provide for diligent recruitment of potential foster 
  7.19  families that reflect the ethnic and racial diversity of the 
  7.20  children in the state for whom foster homes are needed.  Special 
  7.21  efforts include contacting and working with community 
  7.22  organizations and religious organizations and may include 
  7.23  contracting with these organizations, utilizing local media and 
  7.24  other local resources, conducting outreach activities, and 
  7.25  increasing the number of minority recruitment staff employed by 
  7.26  the agency.  The requirement of special efforts to locate 
  7.27  relatives in this section is satisfied if on the earlier of the 
  7.28  following occasions: 
  7.29     (1) the child is placed with a relative who is interested 
  7.30  in providing a permanent placement for the child; or 
  7.31     (2) the responsible child-placing agency has made 
  7.32  appropriate special efforts for six months following the child's 
  7.33  placement in a residential facility and the court approves the 
  7.34  agency's efforts pursuant to section 260.191, subdivision 3a.  
  7.35  The agency may accept any gifts, grants, offers of services, and 
  7.36  other contributions to use in making special recruitment efforts.
  8.1      Sec. 9.  Minnesota Statutes 1996, section 259.41, is 
  8.2   amended to read: 
  8.3      259.41 [ADOPTION STUDY.] 
  8.4      An adoption study and written report must be completed 
  8.5   before the child is placed in a prospective adoptive home under 
  8.6   this chapter and the study must be completed and filed with the 
  8.7   court at the time the adoption petition is filed.  In a direct 
  8.8   adoptive placement, the report must be filed with the court in 
  8.9   support of a motion for temporary preadoptive custody under 
  8.10  section 259.47, subdivision 3.  The study and report shall be 
  8.11  completed by a licensed child-placing agency and must be 
  8.12  thorough and comprehensive.  The study and report shall be paid 
  8.13  for by the prospective adoptive parent, except as otherwise 
  8.14  required under section 259.67 or 259.73.  
  8.15     A stepparent adoption is not subject to this section. 
  8.16     In the case of a licensed foster parent seeking to adopt a 
  8.17  child who is in the foster parent's care, any portions of the 
  8.18  foster care licensing process that duplicate requirements of the 
  8.19  home study may be submitted in satisfaction of the relevant 
  8.20  requirements of this section. 
  8.21     At a minimum, the study must include the following about 
  8.22  the prospective adoptive parent: 
  8.23     (1) a check of criminal conviction data, data on 
  8.24  substantiated maltreatment of a child under section 626.556, and 
  8.25  domestic violence data of each person over the age of 13 living 
  8.26  in the home.  The prospective adoptive parents, the bureau of 
  8.27  criminal apprehension, and other state, county, and local 
  8.28  agencies, after written notice to the subject of the study, 
  8.29  shall give the agency completing the adoption study 
  8.30  substantiated criminal conviction data and reports about 
  8.31  maltreatment of minors and vulnerable adults and domestic 
  8.32  violence.  The adoption study must also include a check of the 
  8.33  juvenile court records of each person over the age of 13 living 
  8.34  in the home.  Notwithstanding provisions of section 260.161 to 
  8.35  the contrary, the juvenile court shall release the requested 
  8.36  information to the agency completing the adoption study.  The 
  9.1   study must include an evaluation of the effect of a conviction 
  9.2   or finding of substantiated maltreatment on the ability to care 
  9.3   for a child; 
  9.4      (2) medical and social history and current health; 
  9.5      (3) assessment of potential parenting skills; 
  9.6      (4) ability to provide adequate financial support for a 
  9.7   child; and 
  9.8      (5) the level of knowledge and awareness of adoption issues 
  9.9   including where appropriate matters relating to interracial, 
  9.10  cross-cultural, and special needs adoptions. 
  9.11     The adoption study must include at least one in-home visit 
  9.12  with the prospective adoptive parent.  The adoption study is the 
  9.13  basis for completion of a written report.  The report must be in 
  9.14  a format specified by the commissioner and must contain 
  9.15  recommendations regarding the suitability of the subject of the 
  9.16  study to be an adoptive parent.  An adoption study report is 
  9.17  valid for 12 months following its date of completion. 
  9.18     A prospective adoptive parent seeking a study under this 
  9.19  section must authorize access by the agency to any private data 
  9.20  needed to complete the study, must disclose any names used 
  9.21  previously other than the name used at the time of the study, 
  9.22  and must provide a set of fingerprints, which shall be forwarded 
  9.23  to the bureau of criminal apprehension to facilitate the 
  9.24  criminal conviction background check required under clause (1).  
  9.25     Sec. 10.  [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.] 
  9.26     If an adoptee has resided with a birth relative before 
  9.27  being adopted, adoptive parents and that birth relative may 
  9.28  enter an agreement under this section regarding communication 
  9.29  with or contact between a minor adoptee, adoptive parents, and 
  9.30  the birth relative.  For purposes of this section, "birth 
  9.31  relative" means a parent, stepparent, grandparent, brother, 
  9.32  sister, uncle, or aunt of a minor adoptee.  This relationship 
  9.33  may be by blood or marriage.  For an Indian child, birth 
  9.34  relative includes members of the extended family as defined by 
  9.35  the law or custom of the Indian child's tribe or, in the absence 
  9.36  of laws or custom, nieces, nephews, or first or second cousins, 
 10.1   as provided in the Indian Child Welfare Act, United States Code, 
 10.2   title 25, section 1903. 
 10.3      (a) An agreement regarding communication with or contact 
 10.4   between minor adoptees, adoptive parents, and a birth relative 
 10.5   is not legally enforceable unless the terms of the agreement are 
 10.6   contained in a written court order entered in accordance with 
 10.7   this section.  An order must be sought at the same time a 
 10.8   petition for adoption is filed.  The court shall not enter a 
 10.9   proposed order unless the terms of the order have been approved 
 10.10  in writing by the prospective adoptive parents, a birth relative 
 10.11  who desires to be a party to the agreement, and, if the child is 
 10.12  in the custody or under the guardianship of an agency, a 
 10.13  representative of the agency.  An agreement under this section 
 10.14  need not disclose the identity of the parties to be legally 
 10.15  enforceable.  The court shall not enter a proposed order unless 
 10.16  the court finds that the communication or contact between the 
 10.17  minor adoptee, the adoptive parents, and a birth relative as 
 10.18  agreed upon and contained in the proposed order would be in the 
 10.19  minor adoptee's best interests. 
 10.20     (b) Failure to comply with the terms of an agreed order 
 10.21  regarding communication or contact that has been entered by the 
 10.22  court under this section is not grounds for: 
 10.23     (1) setting aside an adoption decree; or 
 10.24     (2) revocation of a written consent to an adoption after 
 10.25  that consent has become irrevocable. 
 10.26     (c) An agreed order entered under this section may be 
 10.27  enforced or modified by filing a petition or motion with the 
 10.28  family court that includes a certified copy of the order 
 10.29  granting the communication, contact, or visitation, but only if 
 10.30  the petition or motion is accompanied by an affidavit that the 
 10.31  parties have mediated or attempted to mediate any dispute under 
 10.32  the agreement or that the parties agree to a proposed 
 10.33  modification.  The prevailing party may be awarded reasonable 
 10.34  attorney's fees and costs.  The court shall not modify an agreed 
 10.35  order under this section unless it finds that the modification 
 10.36  is necessary to serve the best interests of the minor adoptee, 
 11.1   and: 
 11.2      (1) the modification is agreed to by the adoptive parent 
 11.3   and the birth relative; or 
 11.4      (2) exceptional circumstances have arisen since the agreed 
 11.5   order was entered that justify modification of the order. 
 11.6      Sec. 11.  Minnesota Statutes 1996, section 259.59, is 
 11.7   amended by adding a subdivision to read: 
 11.8      Subd. 3.  [COMMUNICATION OR CONTACT AGREEMENTS.] This 
 11.9   section does not prohibit birth parents and adoptive parents 
 11.10  from entering a communication or contact agreement under section 
 11.11  259.58. 
 11.12     Sec. 12.  Minnesota Statutes 1996, section 259.67, 
 11.13  subdivision 2, is amended to read: 
 11.14     Subd. 2.  [ADOPTION ASSISTANCE AGREEMENT.] The placing 
 11.15  agency shall certify a child as eligible for adoption assistance 
 11.16  according to rules promulgated by the commissioner.  When Not 
 11.17  later than 30 days after a parent or parents are found and 
 11.18  approved for adoptive placement of a child certified as eligible 
 11.19  for adoption assistance, and before the final decree of adoption 
 11.20  is issued, a written agreement must be entered into by the 
 11.21  commissioner, the adoptive parent or parents, and the placing 
 11.22  agency.  The written agreement must be in the form prescribed by 
 11.23  the commissioner and must set forth the responsibilities of all 
 11.24  parties, the anticipated duration of the adoption assistance 
 11.25  payments, and the payment terms.  The adoption assistance 
 11.26  agreement shall be subject to the commissioner's approval, which 
 11.27  must be granted or denied not later than 15 days after the 
 11.28  agreement is entered. 
 11.29     The amount of adoption assistance is subject to the 
 11.30  availability of state and federal funds and shall be determined 
 11.31  through agreement with the adoptive parents.  The agreement 
 11.32  shall take into consideration the circumstances of the adopting 
 11.33  parent or parents, the needs of the child being adopted and may 
 11.34  provide ongoing monthly assistance, supplemental maintenance 
 11.35  expenses related to the adopted person's special needs, 
 11.36  nonmedical expenses periodically necessary for purchase of 
 12.1   services, items, or equipment related to the special needs, and 
 12.2   medical expenses.  The placing agency or the adoptive parent or 
 12.3   parents shall provide written documentation to support the need 
 12.4   for adoption assistance payments.  The commissioner may require 
 12.5   periodic reevaluation of adoption assistance payments.  The 
 12.6   amount of ongoing monthly adoption assistance granted may in no 
 12.7   case exceed that which would be allowable for the child under 
 12.8   foster family care and is subject to the availability of state 
 12.9   and federal funds. 
 12.10     Sec. 13.  Minnesota Statutes 1996, section 260.012, is 
 12.11  amended to read: 
 12.12     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 12.13  REUNIFICATION; REASONABLE EFFORTS.] 
 12.14     (a) If a child in need of protection or services is under 
 12.15  the court's jurisdiction, the court shall ensure that reasonable 
 12.16  efforts including culturally appropriate services by the social 
 12.17  service agency are made to prevent placement or to eliminate the 
 12.18  need for removal and to reunite the child with the child's 
 12.19  family at the earliest possible time, consistent with the best 
 12.20  interests, safety, and protection of the child.  The court may, 
 12.21  upon motion and hearing, order the cessation of reasonable 
 12.22  efforts if the court finds that provision of services or further 
 12.23  services for the purpose of rehabilitation and reunification is 
 12.24  futile and therefore unreasonable under the circumstances.  In 
 12.25  the case of an Indian child, in proceedings under sections 
 12.26  260.172, 260.191, and 260.221 the juvenile court must make 
 12.27  findings and conclusions consistent with the Indian Child 
 12.28  Welfare Act of 1978, United States Code, title 25, section 1901 
 12.29  et seq., as to the provision of active efforts.  If a child is 
 12.30  under the court's delinquency jurisdiction, it shall be the duty 
 12.31  of the court to ensure that reasonable efforts are made to 
 12.32  reunite the child with the child's family at the earliest 
 12.33  possible time, consistent with the best interests of the child 
 12.34  and the safety of the public. 
 12.35     (b) "Reasonable efforts" means the exercise of due 
 12.36  diligence by the responsible social service agency to use 
 13.1   appropriate and available services to meet the needs of the 
 13.2   child and the child's family in order to prevent removal of the 
 13.3   child from the child's family; or upon removal, services to 
 13.4   eliminate the need for removal and reunite the family.  Services 
 13.5   may include those listed under section 256F.07, subdivision 3, 
 13.6   and other appropriate services available in the community.  The 
 13.7   social service agency has the burden of demonstrating that it 
 13.8   has made reasonable efforts. or that provision of services or 
 13.9   further services for the purpose of rehabilitation and 
 13.10  reunification is futile and therefore unreasonable under the 
 13.11  circumstances.  Reunification of a surviving child with a parent 
 13.12  is not required if the parent has been convicted of: 
 13.13     (1) a violation of, or an attempt or conspiracy to commit a 
 13.14  violation of, any offense in sections 609.185 to 609.20; 
 13.15  609.222, subdivision 2; or 609.223 in regard to another child of 
 13.16  the parent; 
 13.17     (2) a violation of an offense in section 609.222, 
 13.18  subdivision 2; or 609.223, in regard to the surviving child; or 
 13.19     (3) a violation of, or an attempt or conspiracy to commit a 
 13.20  violation of, United States Code, title 18, section 1111(a) or 
 13.21  1112(a), in regard to another child of the parent. 
 13.22     (c) The juvenile court, in proceedings under sections 
 13.23  260.172, 260.191, and 260.221 shall make findings and 
 13.24  conclusions as to the provision of reasonable efforts.  When 
 13.25  determining whether reasonable efforts have been made, the court 
 13.26  shall consider whether services to the child and family were: 
 13.27     (1) relevant to the safety and protection of the child; 
 13.28     (2) adequate to meet the needs of the child and family; 
 13.29     (3) culturally appropriate; 
 13.30     (4) available and accessible; 
 13.31     (5) consistent and timely; and 
 13.32     (6) realistic under the circumstances. 
 13.33     In the alternative, the court may determine that provision 
 13.34  of services or further services for the purpose of 
 13.35  rehabilitation is futile and therefore unreasonable under the 
 13.36  circumstances. 
 14.1      (d) This section does not prevent out-of-home placement for 
 14.2   treatment of a child with a mental disability when the child's 
 14.3   diagnostic assessment or individual treatment plan indicates 
 14.4   that appropriate and necessary treatment cannot be effectively 
 14.5   provided outside of a residential or inpatient treatment program.
 14.6      Sec. 14.  Minnesota Statutes 1996, section 260.015, 
 14.7   subdivision 2a, is amended to read: 
 14.8      Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 14.9   "Child in need of protection or services" means a child who is 
 14.10  in need of protection or services because the child: 
 14.11     (1) is abandoned or without parent, guardian, or custodian; 
 14.12     (2)(i) has been a victim of physical or sexual abuse, or 
 14.13  (ii) resides with or has resided with a victim of domestic child 
 14.14  abuse as defined in subdivision 24, (iii) resides with or would 
 14.15  reside with a perpetrator of domestic child abuse or child abuse 
 14.16  as defined in subdivision 28, or (iv) is a victim of emotional 
 14.17  maltreatment as defined in subdivision 5a; 
 14.18     (3) is without necessary food, clothing, shelter, 
 14.19  education, or other required care for the child's physical or 
 14.20  mental health or morals because the child's parent, guardian, or 
 14.21  custodian is unable or unwilling to provide that care; 
 14.22     (4) is without the special care made necessary by a 
 14.23  physical, mental, or emotional condition because the child's 
 14.24  parent, guardian, or custodian is unable or unwilling to provide 
 14.25  that care; 
 14.26     (5) is medically neglected, which includes, but is not 
 14.27  limited to, the withholding of medically indicated treatment 
 14.28  from a disabled infant with a life-threatening condition.  The 
 14.29  term "withholding of medically indicated treatment" means the 
 14.30  failure to respond to the infant's life-threatening conditions 
 14.31  by providing treatment, including appropriate nutrition, 
 14.32  hydration, and medication which, in the treating physician's or 
 14.33  physicians' reasonable medical judgment, will be most likely to 
 14.34  be effective in ameliorating or correcting all conditions, 
 14.35  except that the term does not include the failure to provide 
 14.36  treatment other than appropriate nutrition, hydration, or 
 15.1   medication to an infant when, in the treating physician's or 
 15.2   physicians' reasonable medical judgment: 
 15.3      (i) the infant is chronically and irreversibly comatose; 
 15.4      (ii) the provision of the treatment would merely prolong 
 15.5   dying, not be effective in ameliorating or correcting all of the 
 15.6   infant's life-threatening conditions, or otherwise be futile in 
 15.7   terms of the survival of the infant; or 
 15.8      (iii) the provision of the treatment would be virtually 
 15.9   futile in terms of the survival of the infant and the treatment 
 15.10  itself under the circumstances would be inhumane; 
 15.11     (6) is one whose parent, guardian, or other custodian for 
 15.12  good cause desires to be relieved of the child's care and 
 15.13  custody; 
 15.14     (7) has been placed for adoption or care in violation of 
 15.15  law; 
 15.16     (8) is without proper parental care because of the 
 15.17  emotional, mental, or physical disability, or state of 
 15.18  immaturity of the child's parent, guardian, or other custodian; 
 15.19     (9) is one whose behavior, condition, or environment is 
 15.20  such as to be injurious or dangerous to the child or others.  An 
 15.21  injurious or dangerous environment may include, but is not 
 15.22  limited to, the exposure of a child to criminal activity in the 
 15.23  child's home; 
 15.24     (10) has committed a delinquent act before becoming ten 
 15.25  years old; 
 15.26     (11) is a runaway; 
 15.27     (12) is an habitual truant; or 
 15.28     (13) has been found incompetent to proceed or has been 
 15.29  found not guilty by reason of mental illness or mental 
 15.30  deficiency in connection with a delinquency proceeding, a 
 15.31  certification under section 260.125, an extended jurisdiction 
 15.32  juvenile prosecution, or a proceeding involving a juvenile petty 
 15.33  offense; or 
 15.34     (14) is one whose custodial parent's parental rights to 
 15.35  another child have been involuntarily terminated within the past 
 15.36  five years. 
 16.1      Sec. 15.  Minnesota Statutes 1996, section 260.015, 
 16.2   subdivision 29, is amended to read: 
 16.3      Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 16.4   infliction of bodily harm to a child or neglect of a child which 
 16.5   demonstrates a grossly inadequate ability to provide minimally 
 16.6   adequate parental care.  The egregious harm need not have 
 16.7   occurred in the state or in the county where a termination of 
 16.8   parental rights action is otherwise properly venued.  Egregious 
 16.9   harm includes, but is not limited to: 
 16.10     (1) conduct towards a child that constitutes a violation of 
 16.11  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 16.12  any other similar law of the United States or any other state; 
 16.13     (2) the infliction of "substantial bodily harm" to a child, 
 16.14  as defined in section 609.02, subdivision 8; 
 16.15     (3) conduct towards a child that constitutes felony 
 16.16  malicious punishment of a child under section 609.377; 
 16.17     (4) conduct towards a child that constitutes felony 
 16.18  unreasonable restraint of a child under section 609.255, 
 16.19  subdivision 3; 
 16.20     (5) conduct towards a child that constitutes felony neglect 
 16.21  or endangerment of a child under section 609.378; 
 16.22     (6) conduct towards a child that constitutes assault under 
 16.23  section 609.221, 609.222, or 609.223; 
 16.24     (7) conduct towards a child that constitutes solicitation, 
 16.25  inducement, or promotion of prostitution under section 609.322; 
 16.26  or 
 16.27     (8) conduct towards a child that constitutes receiving 
 16.28  profit derived from prostitution under section 609.323; or 
 16.29     (9) conduct toward a child that constitutes a violation of 
 16.30  United States Code, title 18, section 1111(a) or 1112(a). 
 16.31     Sec. 16.  Minnesota Statutes 1996, section 260.131, 
 16.32  subdivision 1, is amended to read: 
 16.33     Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
 16.34  reputable person, including but not limited to any agent of the 
 16.35  commissioner of human services, having knowledge of a child in 
 16.36  this state or of a child who is a resident of this state, who 
 17.1   appears to be delinquent, in need of protection or services, or 
 17.2   neglected and in foster care, may petition the juvenile court in 
 17.3   the manner provided in this section. 
 17.4      (b) A petition for a child in need of protection filed by 
 17.5   an individual who is not a county attorney or an agent of the 
 17.6   commissioner of human services shall be filed on a form 
 17.7   developed by the state court administrator and provided to court 
 17.8   administrators.  Copies of the form may be obtained from the 
 17.9   court administrator in each county.  The court administrator 
 17.10  shall review the petition before it is filed to determine that 
 17.11  it is completed.  The court administrator may reject the 
 17.12  petition if it does not indicate that the petitioner has 
 17.13  contacted the local social service agency. 
 17.14     An individual may file a petition under this subdivision 
 17.15  without seeking internal review of the local social service 
 17.16  agency's decision.  The court shall determine whether there is 
 17.17  probable cause to believe that a need for protection or services 
 17.18  exists before the matter is set for hearing.  If the matter is 
 17.19  set for hearing, the court administrator shall notify the local 
 17.20  social service agency by sending notice to the county attorney. 
 17.21     The petition must contain: 
 17.22     (1) a statement of facts that would establish, if proven, 
 17.23  that there is a need for protection or services for the child 
 17.24  named in the petition; 
 17.25     (2) a statement that petitioner has reported the 
 17.26  circumstances underlying the petition to the local social 
 17.27  service agency, and protection or services were not provided to 
 17.28  the child; 
 17.29     (3) a statement whether there are existing juvenile or 
 17.30  family court custody orders or pending proceedings in juvenile 
 17.31  or family court concerning the child; and 
 17.32     (4) a statement of the relationship of the petitioner to 
 17.33  the child and any other parties. 
 17.34     The court may not allow a petition to proceed under this 
 17.35  paragraph if it appears that the sole purpose of the petition is 
 17.36  to modify custody between the parents. 
 18.1      Sec. 17.  Minnesota Statutes 1996, section 260.131, 
 18.2   subdivision 2, is amended to read: 
 18.3      Subd. 2.  The petition shall be verified by the person 
 18.4   having knowledge of the facts and may be on information and 
 18.5   belief.  Unless otherwise provided by this section or by rule or 
 18.6   order of the court, the county attorney shall draft the petition 
 18.7   upon the showing of reasonable grounds to support the petition. 
 18.8      Sec. 18.  Minnesota Statutes 1996, section 260.155, 
 18.9   subdivision 1a, is amended to read: 
 18.10     Subd. 1a.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
 18.11  who is the subject of a petition, and the parents, guardian, or 
 18.12  lawful legal custodian of the child have the right to 
 18.13  participate in all proceedings on a petition.  Official tribal 
 18.14  representatives have the right to participate in any proceeding 
 18.15  that is subject to the Indian Child Welfare Act of 1978, United 
 18.16  States Code, title 25, sections 1901 to 1963. 
 18.17     Any grandparent of the child has a right to participate in 
 18.18  the proceedings to the same extent as a parent, if the child has 
 18.19  lived with the grandparent within the two years preceding the 
 18.20  filing of the petition.  At the first hearing following the 
 18.21  filing of a petition, the court shall ask whether the child has 
 18.22  lived with a grandparent within the last two years, except that 
 18.23  the court need not make this inquiry if the petition states that 
 18.24  the child did not live with a grandparent during this time 
 18.25  period.  Failure to notify a grandparent of the proceedings is 
 18.26  not a jurisdictional defect. 
 18.27     If, in a proceeding involving a child in need of protection 
 18.28  or services, the local social service agency recommends transfer 
 18.29  of permanent legal and physical custody to a relative, the 
 18.30  relative has a right to participate as a party, and thereafter 
 18.31  shall receive notice of any hearing in the proceedings.  The 
 18.32  relative has a right to counsel for proceedings on the permanent 
 18.33  placement and the court shall appoint counsel at public expense 
 18.34  if they are unable to afford counsel.  After placement, the 
 18.35  relative does not have a right to counsel appointed at public 
 18.36  expense in any subsequent proceeding to modify the permanent 
 19.1   placement. 
 19.2      Sec. 19.  Minnesota Statutes 1996, section 260.155, 
 19.3   subdivision 2, is amended to read:  
 19.4      Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 19.5   guardian or custodian has the right to effective assistance of 
 19.6   counsel in connection with a proceeding in juvenile court.  This 
 19.7   right does not apply to a child who is charged with a juvenile 
 19.8   petty offense as defined in section 260.015, subdivision 21, 
 19.9   unless the child is charged with a third or subsequent juvenile 
 19.10  alcohol or controlled substance offense and may be subject to 
 19.11  the alternative disposition described in section 260.195, 
 19.12  subdivision 4.  
 19.13     (b) The court shall appoint counsel, or stand-by counsel if 
 19.14  the child waives the right to counsel, for a child who is: 
 19.15     (1) charged by delinquency petition with a gross 
 19.16  misdemeanor or felony offense; or 
 19.17     (2) the subject of a delinquency proceeding in which 
 19.18  out-of-home placement has been proposed; or 
 19.19     (3) the subject of a petition for a child in need of 
 19.20  protection or services, if the child is 12 years of age or 
 19.21  older, or if the child is under age 12 and the court determines 
 19.22  the child is of sufficient maturity to participate in the 
 19.23  proceedings. 
 19.24     (c) If they desire counsel but are unable to employ it, the 
 19.25  court shall appoint counsel to represent the child or the 
 19.26  parents or guardian in any case in which it feels that such an 
 19.27  appointment is desirable, except a juvenile petty offender who 
 19.28  does not have the right to counsel under paragraph (a).  
 19.29     (d) Counsel for the child shall not also act as the child's 
 19.30  guardian ad litem.  
 19.31     (e) In any proceeding where the subject of a petition for a 
 19.32  child in need of protection or services is not represented by an 
 19.33  attorney, the court shall determine the child's preferences 
 19.34  regarding the proceedings, if the child is of suitable age to 
 19.35  express a preference. 
 19.36     Sec. 20.  Minnesota Statutes 1996, section 260.155, 
 20.1   subdivision 3, is amended to read: 
 20.2      Subd. 3.  [COUNTY ATTORNEY.] Except in adoption 
 20.3   proceedings, the county attorney shall present the evidence upon 
 20.4   request of the court.  In representing the agency, the county 
 20.5   attorney shall also have the responsibility for advancing the 
 20.6   public interest in the welfare of the child. 
 20.7      Sec. 21.  Minnesota Statutes 1996, section 260.155, 
 20.8   subdivision 4, is amended to read: 
 20.9      Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 20.10  a guardian ad litem to protect the interests of the minor when 
 20.11  it appears, at any stage of the proceedings, that the minor is 
 20.12  without a parent or guardian, or that the minor's parent is a 
 20.13  minor or incompetent, or that the parent or guardian is 
 20.14  indifferent or hostile to the minor's interests, and in every 
 20.15  proceeding alleging a child's need for protection or services 
 20.16  under section 260.015, subdivision 2a, clauses (1) to (10).  In 
 20.17  any other case the court may appoint a guardian ad litem to 
 20.18  protect the interests of the minor when the court feels that 
 20.19  such an appointment is desirable.  The court shall appoint the 
 20.20  guardian ad litem on its own motion or in the manner provided 
 20.21  for the appointment of a guardian ad litem in the district 
 20.22  court.  The court may appoint separate counsel for the guardian 
 20.23  ad litem if necessary.  
 20.24     (b) A guardian ad litem shall carry out the following 
 20.25  responsibilities: 
 20.26     (1) conduct an independent investigation to determine the 
 20.27  facts relevant to the situation of the child and the family, 
 20.28  which must include, unless specifically excluded by the court, 
 20.29  reviewing relevant documents; meeting with and observing the 
 20.30  child in the home setting and considering the child's wishes, as 
 20.31  appropriate; and interviewing parents, caregivers, and others 
 20.32  with knowledge relevant to the case; 
 20.33     (2) advocate for the child's best interests by 
 20.34  participating in appropriate aspects of the case and advocating 
 20.35  for appropriate community services when necessary; 
 20.36     (3) maintain the confidentiality of information related to 
 21.1   a case, with the exception of sharing information as permitted 
 21.2   by law to promote cooperative solutions that are in the best 
 21.3   interests of the child; 
 21.4      (4) monitor the child's best interests throughout the 
 21.5   judicial proceeding; and 
 21.6      (5) present written reports on the child's best interests 
 21.7   that include conclusions and recommendations and the facts upon 
 21.8   which they are based. 
 21.9      (c) The court may waive the appointment of a guardian ad 
 21.10  litem pursuant to clause (a), whenever counsel has been 
 21.11  appointed pursuant to subdivision 2 or is retained otherwise, 
 21.12  and the court is satisfied that the interests of the minor are 
 21.13  protected. 
 21.14     (d) In appointing a guardian ad litem pursuant to clause 
 21.15  (a), the court shall not appoint the party, or any agent or 
 21.16  employee thereof, filing a petition pursuant to section 260.131. 
 21.17     (e) The following factors shall be considered when 
 21.18  appointing a guardian ad litem in a case involving an Indian or 
 21.19  minority child: 
 21.20     (1) whether a person is available who is the same racial or 
 21.21  ethnic heritage as the child or, if that is not possible; 
 21.22     (2) whether a person is available who knows and appreciates 
 21.23  the child's racial or ethnic heritage. 
 21.24     Sec. 22.  Minnesota Statutes 1996, section 260.155, 
 21.25  subdivision 8, is amended to read: 
 21.26     Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
 21.27  has under this chapter must be an express waiver voluntarily and 
 21.28  intelligently made by the child after the child has been fully 
 21.29  and effectively informed of the right being waived.  If a child 
 21.30  is under 12 years of age, the child's parent, guardian or 
 21.31  custodian shall give any waiver or offer any objection 
 21.32  contemplated by this chapter not represented by counsel, any 
 21.33  waiver must be given or any objection must be offered by the 
 21.34  child's guardian ad litem. 
 21.35     (b) Waiver of a child's right to be represented by counsel 
 21.36  provided under the juvenile court rules must be an express 
 22.1   waiver voluntarily and intelligently made by the child after the 
 22.2   child has been fully and effectively informed of the right being 
 22.3   waived.  In determining whether a child has voluntarily and 
 22.4   intelligently waived the right to counsel, the court shall look 
 22.5   to the totality of the circumstances which includes but is not 
 22.6   limited to the child's age, maturity, intelligence, education, 
 22.7   experience, and ability to comprehend, and the presence and 
 22.8   competence of the child's parents, guardian, or guardian ad 
 22.9   litem.  If the court accepts the child's waiver, it shall state 
 22.10  on the record the findings and conclusions that form the basis 
 22.11  for its decision to accept the waiver. 
 22.12     Sec. 23.  Minnesota Statutes 1996, section 260.161, is 
 22.13  amended by adding a subdivision to read: 
 22.14     Subd. 3a.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
 22.15  representing a child, parent, or guardian ad litem in a 
 22.16  proceeding under this chapter shall be given access to records, 
 22.17  local social service agency files, and reports which form the 
 22.18  basis of any recommendation made to the court.  An attorney does 
 22.19  not have access under this subdivision to the identity of a 
 22.20  person who made a report under section 626.556.  The court may 
 22.21  issue protective orders to prohibit an attorney from sharing a 
 22.22  specified record or portion of a record with a client other than 
 22.23  a guardian ad litem. 
 22.24     Sec. 24.  Minnesota Statutes 1996, section 260.165, 
 22.25  subdivision 3, is amended to read: 
 22.26     Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
 22.27  officer takes a child into custody for shelter care or relative 
 22.28  placement pursuant to subdivision 1; section 260.135, 
 22.29  subdivision 5; or section 260.145, the officer shall notify the 
 22.30  parent or custodian that under section 260.173, subdivision 2, 
 22.31  the parent or custodian may request that the child be placed 
 22.32  with a relative or a designated parent under chapter 257A 
 22.33  instead of in a shelter care facility.  The officer also shall 
 22.34  give the parent or custodian of the child a list of names, 
 22.35  addresses, and telephone numbers of social service agencies that 
 22.36  offer child welfare services.  If the parent or custodian was 
 23.1   not present when the child was removed from the residence, the 
 23.2   list shall be left with an adult on the premises or left in a 
 23.3   conspicuous place on the premises if no adult is present.  If 
 23.4   the officer has reason to believe the parent or custodian is not 
 23.5   able to read and understand English, the officer must provide a 
 23.6   list that is written in the language of the parent or 
 23.7   custodian.  The list shall be prepared by the commissioner of 
 23.8   human services.  The commissioner shall prepare lists for each 
 23.9   county and provide each county with copies of the list without 
 23.10  charge.  The list shall be reviewed annually by the commissioner 
 23.11  and updated if it is no longer accurate.  Neither the 
 23.12  commissioner nor any peace officer or the officer's employer 
 23.13  shall be liable to any person for mistakes or omissions in the 
 23.14  list.  The list does not constitute a promise that any agency 
 23.15  listed will in fact assist the parent or custodian. 
 23.16     Sec. 25.  Minnesota Statutes 1996, section 260.191, 
 23.17  subdivision 3a, is amended to read: 
 23.18     Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
 23.19  the court places a child in a residential facility, as defined 
 23.20  in section 257.071, subdivision 1, the court shall review the 
 23.21  out-of-home placement at least every six months to determine 
 23.22  whether continued out-of-home placement is necessary and 
 23.23  appropriate or whether the child should be returned home.  The 
 23.24  court shall review agency efforts pursuant to section 257.072, 
 23.25  subdivision 1, and order that the efforts continue if the agency 
 23.26  has failed to perform the duties under that section.  The court 
 23.27  shall review the case plan and may modify the case plan as 
 23.28  provided under subdivisions 1e and 2.  If the court orders 
 23.29  continued out-of-home placement, the court shall notify the 
 23.30  parents of the provisions of subdivision 3b. 
 23.31     (b) When the court determines that a permanent placement 
 23.32  hearing is necessary because there is a likelihood that the 
 23.33  child will not return to a parent's care, the court may 
 23.34  authorize the agency with custody of the child to send the 
 23.35  notice provided in this paragraph to any adult with whom the 
 23.36  child is currently residing, any adult with whom the child has 
 24.1   resided for one year or longer in the past, any adult who has 
 24.2   maintained a relationship or exercised visitation with the child 
 24.3   as identified in the agency case plan for the child or 
 24.4   demonstrated an interest in the child, and any relative who has 
 24.5   provided a current address to the local social service agency.  
 24.6   This notice must not be provided to a parent whose parental 
 24.7   rights to the child have been terminated under section 260.221, 
 24.8   subdivision 1.  The notice must state that a permanent home is 
 24.9   sought for the child and that individuals receiving the notice 
 24.10  may indicate to the agency within 30 days their interest in 
 24.11  providing a permanent home.  
 24.12     Sec. 26.  Minnesota Statutes 1996, section 260.191, 
 24.13  subdivision 3b, is amended to read: 
 24.14     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 24.15  PLACEMENT DETERMINATION.] (a) If the court places a child in a 
 24.16  residential facility, as defined in section 257.071, subdivision 
 24.17  1, The court shall conduct a hearing to determine the permanent 
 24.18  status of the a child not later than 12 months after the child 
 24.19  was is placed out of the home of the parent.  
 24.20     For purposes of this subdivision, the date of the child's 
 24.21  placement out of the home of the parent is the earlier of the 
 24.22  first court-ordered placement or the first court approved 
 24.23  placement under section 257.071, subdivision 3, of a child who 
 24.24  had been in voluntary placement. 
 24.25     For purposes of this subdivision, 12 months is calculated 
 24.26  as follows: 
 24.27     (1) during the pendency of a petition alleging that a child 
 24.28  is in need of protection or services, all time periods a child 
 24.29  is placed out of the home of the parent are cumulated; 
 24.30     (2) if a child has been placed out of the home of the 
 24.31  parent within the previous five years in connection with one or 
 24.32  more prior petitions for a child in need of protection or 
 24.33  services, the length of all prior time periods the child was 
 24.34  placed out of the home within the previous five years and under 
 24.35  the current petition, are cumulated.  If a child under this 
 24.36  clause has been out of the home for 12 months or more, the 
 25.1   court, if it is in the best interests of the child, may extend 
 25.2   the total time the child may continue out of the home under the 
 25.3   current petition up to an additional six months before making a 
 25.4   permanency determination.  
 25.5      (b) Not later than ten days prior to this hearing, the 
 25.6   responsible social service agency shall file pleadings to 
 25.7   establish the basis for the permanent placement determination.  
 25.8   Notice of the hearing and copies of the pleadings must be 
 25.9   provided pursuant to section 260.141.  If a termination of 
 25.10  parental rights petition is filed before the date required for 
 25.11  the permanency planning determination, no hearing need be 
 25.12  conducted under this section subdivision.  The court shall 
 25.13  determine whether the child is to be returned home or, if not, 
 25.14  what permanent placement is consistent with the child's best 
 25.15  interests.  The "best interests of the child" means all relevant 
 25.16  factors to be considered and evaluated. 
 25.17     (c) If the child is not returned to the home, the 
 25.18  dispositions available for permanent placement determination are:
 25.19     (1) permanent legal and physical custody to a relative 
 25.20  pursuant to the standards and procedures applicable under 
 25.21  chapter 257 or 518 in the best interests of the child.  The 
 25.22  social service agency may petition on behalf of the proposed 
 25.23  custodian; 
 25.24     (2) termination of parental rights and adoption; the social 
 25.25  service agency shall file a petition for termination of parental 
 25.26  rights under section 260.231 and all the requirements of 
 25.27  sections 260.221 to 260.245 remain applicable.  An adoption 
 25.28  ordered under this subdivision may include an agreement for 
 25.29  communication or contact under section 259.58; or 
 25.30     (3) long-term foster care; transfer of legal custody and 
 25.31  adoption are preferred permanency options for a child who cannot 
 25.32  return home.  The court may order a child into long-term foster 
 25.33  care only if it finds that neither an award of legal and 
 25.34  physical custody to a relative, nor termination of parental 
 25.35  rights nor adoption is in the child's best interests.  Further, 
 25.36  the court may only order long-term foster care for the child 
 26.1   under this section if it finds the following: 
 26.2      (i) the child has reached age 12 and reasonable efforts by 
 26.3   the responsible social service agency have failed to locate an 
 26.4   adoptive family for the child; or 
 26.5      (ii) the child is a sibling of a child described in clause 
 26.6   (i) and the siblings have a significant positive relationship 
 26.7   and are ordered into the same long-term foster care home.; or 
 26.8      (4) foster care for a specified period of time may be 
 26.9   ordered only if: 
 26.10     (i) the sole basis for an adjudication that a child is in 
 26.11  need of protection or services is that the child is a runaway, 
 26.12  is an habitual truant, or committed a delinquent act before age 
 26.13  16; and 
 26.14     (ii) the court finds that foster care for a specified 
 26.15  period of time is in the best interests of the child. 
 26.16     (b) The court may extend the time period for determination 
 26.17  of permanent placement to 18 months after the child was placed 
 26.18  in a residential facility if: 
 26.19     (1) there is a substantial probability that the child will 
 26.20  be returned home within the next six months; 
 26.21     (2) the agency has not made reasonable, or, in the case of 
 26.22  an Indian child, active efforts, to correct the conditions that 
 26.23  form the basis of the out-of-home placement; or 
 26.24     (3) extraordinary circumstances exist precluding a 
 26.25  permanent placement determination, in which case the court shall 
 26.26  make written findings documenting the extraordinary 
 26.27  circumstances and order one subsequent review after six months 
 26.28  to determine permanent placement.  A court finding that 
 26.29  extraordinary circumstances exist precluding a permanent 
 26.30  placement determination must be supported by detailed factual 
 26.31  findings regarding those circumstances. 
 26.32     (c) (d) In ordering a permanent placement of a child, the 
 26.33  court must be governed by the best interests of the child, 
 26.34  including a review of the relationship between the child and 
 26.35  relatives and the child and other important persons with whom 
 26.36  the child has resided or had significant contact. 
 27.1      (d) (e) Once a permanent placement determination has been 
 27.2   made and permanent placement has been established, further 
 27.3   reviews are only necessary if the placement is made under 
 27.4   paragraph (c), clause (4), review is otherwise required by 
 27.5   federal law, an adoption has not yet been finalized, or there is 
 27.6   a disruption of the permanent or long-term placement.  If 
 27.7   required, reviews must take place no less frequently than every 
 27.8   six months. 
 27.9      (e) (f) An order under this subdivision must include the 
 27.10  following detailed findings: 
 27.11     (1) how the child's best interests are served by the order; 
 27.12     (2) the nature and extent of the responsible social service 
 27.13  agency's reasonable efforts, or, in the case of an Indian child, 
 27.14  active efforts, to reunify the child with the parent or parents; 
 27.15     (3) the parent's or parents' efforts and ability to use 
 27.16  services to correct the conditions which led to the out-of-home 
 27.17  placement; 
 27.18     (4) whether the conditions which led to the out-of-home 
 27.19  placement have been corrected so that the child can return home; 
 27.20  and 
 27.21     (5) if the child cannot be returned home, whether there is 
 27.22  a substantial probability of the child being able to return home 
 27.23  in the next six months.  
 27.24     (f) (g) An order for permanent legal and physical custody 
 27.25  of a child may be modified under sections 518.18 and 518.185.  
 27.26  The social service agency is a party to the proceeding and must 
 27.27  receive notice.  An order for long-term foster care is 
 27.28  reviewable upon motion and a showing by the parent of a 
 27.29  substantial change in the parent's circumstances such that the 
 27.30  parent could provide appropriate care for the child and that 
 27.31  removal of the child from the child's permanent placement and 
 27.32  the return to the parent's care would be in the best interest of 
 27.33  the child. 
 27.34     Sec. 27.  Minnesota Statutes 1996, section 260.191, 
 27.35  subdivision 4, is amended to read: 
 27.36     Subd. 4.  [CONTINUANCE OF CASE.] When If it is in the best 
 28.1   interests of the child or the child's parents to do so and when 
 28.2   either if the allegations contained in the petition have been 
 28.3   admitted, or when a hearing has been held as provided in section 
 28.4   260.155 and the allegations contained in the petition have been 
 28.5   duly proven, before the entry of a finding of need for 
 28.6   protection or services or a finding that a child is neglected 
 28.7   and in foster care has been entered, the court may continue the 
 28.8   case for a period not to exceed 90 days on any one order.  Such 
 28.9   a continuance may be extended for one additional successive 
 28.10  period not to exceed 90 days and only after the court has 
 28.11  reviewed the case and entered its order for an additional 
 28.12  continuance without a finding that the child is in need of 
 28.13  protection or services or neglected and in foster care.  During 
 28.14  this continuance the court may enter any order otherwise 
 28.15  permitted under the provisions of this section.  Following the 
 28.16  90-day continuance: 
 28.17     (1) if both the parent and child have complied with the 
 28.18  terms of the continuance, the case must be dismissed without an 
 28.19  adjudication that the child is in need of protection or services 
 28.20  or that the child is neglected and in foster care; or 
 28.21     (2) if either the parent or child has not complied with the 
 28.22  terms of the continuance, the court shall adjudicate the child 
 28.23  in need of protection or services or neglected and in foster 
 28.24  care. 
 28.25     Sec. 28.  Minnesota Statutes 1996, section 260.192, is 
 28.26  amended to read: 
 28.27     260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
 28.28     Upon a petition for review of the foster care status of a 
 28.29  child, the court may:  
 28.30     (a) In the case of a petition required to be filed under 
 28.31  section 257.071, subdivision 3, find that the child's needs are 
 28.32  being met, that the child's placement in foster care is in the 
 28.33  best interests of the child, and that the child will be returned 
 28.34  home in the next six months, in which case the court shall 
 28.35  approve the voluntary arrangement and continue the matter for 
 28.36  six months to assure the child returns to the parent's home.  
 29.1      (b) In the case of a petition required to be filed under 
 29.2   section 257.071, subdivision 4, find that the child's needs are 
 29.3   being met and that the child's placement in foster care is in 
 29.4   the best interests of the child, in which case the court shall 
 29.5   approve the voluntary arrangement.  The court shall order the 
 29.6   social service agency responsible for the placement to bring a 
 29.7   petition under section 260.131, subdivision 1 or 1a, as 
 29.8   appropriate, within two years 12 months. 
 29.9      (c) Find that the child's needs are not being met, in which 
 29.10  case the court shall order the social service agency or the 
 29.11  parents to take whatever action is necessary and feasible to 
 29.12  meet the child's needs, including, when appropriate, the 
 29.13  provision by the social service agency of services to the 
 29.14  parents which would enable the child to live at home, and order 
 29.15  a disposition under section 260.191. 
 29.16     (d) Find that the child has been abandoned by parents 
 29.17  financially or emotionally, or that the developmentally disabled 
 29.18  child does not require out-of-home care because of the 
 29.19  handicapping condition, in which case the court shall order the 
 29.20  social service agency to file an appropriate petition pursuant 
 29.21  to sections 260.131, subdivision 1, or 260.231. 
 29.22     Nothing in this section shall be construed to prohibit 
 29.23  bringing a petition pursuant to section 260.131, subdivision 1 
 29.24  or 2, sooner than required by court order pursuant to this 
 29.25  section. 
 29.26     Sec. 29.  Minnesota Statutes 1996, section 260.221, 
 29.27  subdivision 1, is amended to read: 
 29.28     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 29.29  court may upon petition, terminate all rights of a parent to a 
 29.30  child in the following cases: 
 29.31     (a) With the written consent of a parent who for good cause 
 29.32  desires to terminate parental rights; or 
 29.33     (b) If it finds that one or more of the following 
 29.34  conditions exist: 
 29.35     (1) that the parent has abandoned the child.  Abandonment 
 29.36  is presumed when: 
 30.1      (i) the parent has had no contact with the child on a 
 30.2   regular basis and no demonstrated, consistent interest in the 
 30.3   child's well-being for six months; and 
 30.4      (ii) the social service agency has made reasonable efforts 
 30.5   to facilitate contact, unless the parent establishes that an 
 30.6   extreme financial or physical hardship or treatment for mental 
 30.7   disability or chemical dependency or other good cause prevented 
 30.8   the parent from making contact with the child.  This presumption 
 30.9   does not apply to children whose custody has been determined 
 30.10  under chapter 257 or 518.  The court is not prohibited from 
 30.11  finding abandonment in the absence of this presumption; or 
 30.12     (2) that the parent has substantially, continuously, or 
 30.13  repeatedly refused or neglected to comply with the duties 
 30.14  imposed upon that parent by the parent and child relationship, 
 30.15  including but not limited to providing the child with necessary 
 30.16  food, clothing, shelter, education, and other care and control 
 30.17  necessary for the child's physical, mental, or emotional health 
 30.18  and development, if the parent is physically and financially 
 30.19  able, and reasonable efforts by the social service agency have 
 30.20  failed to correct the conditions that formed the basis of the 
 30.21  petition; or 
 30.22     (3) that a parent has been ordered to contribute to the 
 30.23  support of the child or financially aid in the child's birth and 
 30.24  has continuously failed to do so without good cause.  This 
 30.25  clause shall not be construed to state a grounds for termination 
 30.26  of parental rights of a noncustodial parent if that parent has 
 30.27  not been ordered to or cannot financially contribute to the 
 30.28  support of the child or aid in the child's birth; or 
 30.29     (4) that a parent is palpably unfit to be a party to the 
 30.30  parent and child relationship because of a consistent pattern of 
 30.31  specific conduct before the child or of specific conditions 
 30.32  directly relating to the parent and child relationship either of 
 30.33  which are determined by the court to be of a duration or nature 
 30.34  that renders the parent unable, for the reasonably foreseeable 
 30.35  future, to care appropriately for the ongoing physical, mental, 
 30.36  or emotional needs of the child.  It is presumed that a parent 
 31.1   is palpably unfit to be a party to the parent and child 
 31.2   relationship upon a showing that: 
 31.3      (i) the child was adjudicated in need of protection or 
 31.4   services due to circumstances described in section 260.015, 
 31.5   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 31.6      (ii) within the three-year period immediately prior to that 
 31.7   adjudication, the parent's parental rights to one or more other 
 31.8   children were involuntarily terminated under clause (1), (2), 
 31.9   (4), or (7), or under clause (5) if the child was initially 
 31.10  determined to be in need of protection or services due to 
 31.11  circumstances described in section 260.015, subdivision 2a, 
 31.12  clause (1), (2), (3), (5), or (8); or 
 31.13     (5) that following upon a determination of neglect or 
 31.14  dependency, or of a child's need for protection or services, 
 31.15  reasonable efforts, under the direction of the court, have 
 31.16  failed to correct the conditions leading to the determination.  
 31.17  It is presumed that reasonable efforts under this clause have 
 31.18  failed upon a showing that: 
 31.19     (i) a child has resided out of the parental home under 
 31.20  court order for a cumulative period of more than one year within 
 31.21  a five-year period following an adjudication of dependency, 
 31.22  neglect, need for protection or services under section 260.015, 
 31.23  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
 31.24  neglected and in foster care, and an order for disposition under 
 31.25  section 260.191, including adoption of the case plan required by 
 31.26  section 257.071; 
 31.27     (ii) conditions leading to the determination will not be 
 31.28  corrected within the reasonably foreseeable future.  It is 
 31.29  presumed that conditions leading to a child's out-of-home 
 31.30  placement will not be corrected in the reasonably foreseeable 
 31.31  future upon a showing that the parent or parents have not 
 31.32  substantially complied with the court's orders and a reasonable 
 31.33  case plan, and the conditions which led to the out-of-home 
 31.34  placement have not been corrected; and 
 31.35     (iii) reasonable efforts have been made by the social 
 31.36  service agency to rehabilitate the parent and reunite the family.
 32.1      This clause does not prohibit the termination of parental 
 32.2   rights prior to one year after a child has been placed out of 
 32.3   the home.  
 32.4      It is also presumed that reasonable efforts have failed 
 32.5   under this clause upon a showing that: 
 32.6      (i) the parent has been diagnosed as chemically dependent 
 32.7   by a professional certified to make the diagnosis; 
 32.8      (ii) the parent has been required by a case plan to 
 32.9   participate in a chemical dependency treatment program; 
 32.10     (iii) the treatment programs offered to the parent were 
 32.11  culturally, linguistically, and clinically appropriate; 
 32.12     (iv) the parent has either failed two or more times to 
 32.13  successfully complete a treatment program or has refused at two 
 32.14  or more separate meetings with a caseworker to participate in a 
 32.15  treatment program; and 
 32.16     (v) the parent continues to abuse chemicals.  
 32.17  Provided, that this presumption applies only to parents required 
 32.18  by a case plan to participate in a chemical dependency treatment 
 32.19  program on or after July 1, 1990; or 
 32.20     (6) that a child has experienced egregious harm in the 
 32.21  parent's care which is of a nature, duration, or chronicity that 
 32.22  indicates a lack of regard for the child's well-being, such that 
 32.23  a reasonable person would believe it contrary to the best 
 32.24  interest of the child or of any child to be in the parent's 
 32.25  care; or 
 32.26     (7) that in the case of a child born to a mother who was 
 32.27  not married to the child's father when the child was conceived 
 32.28  nor when the child was born the person is not entitled to notice 
 32.29  of an adoption hearing under section 259.49 and either the 
 32.30  person has not filed a notice of intent to retain parental 
 32.31  rights under section 259.51 or that the notice has been 
 32.32  successfully challenged; or 
 32.33     (8) that the child is neglected and in foster care. 
 32.34  In an action involving an American Indian child, sections 257.35 
 32.35  to 257.3579 and the Indian Child Welfare Act, United States 
 32.36  Code, title 25, sections 1901 to 1923, control to the extent 
 33.1   that the provisions of this section are inconsistent with those 
 33.2   laws; or 
 33.3      (9) that the parent has been convicted of a crime listed in 
 33.4   section 260.012, paragraph (b), clauses (1) to (3). 
 33.5      Sec. 30.  Minnesota Statutes 1996, section 260.221, 
 33.6   subdivision 5, is amended to read: 
 33.7      Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 33.8   proceeding under this section, the court shall make specific 
 33.9   findings: 
 33.10     (1) regarding the nature and extent of efforts made by the 
 33.11  social service agency to rehabilitate the parent and reunite the 
 33.12  family.; 
 33.13     (2) that provision of services or further services for the 
 33.14  purpose of rehabilitation and reunification is futile and 
 33.15  therefore unreasonable under the circumstances; or 
 33.16     (3) that reunification is not required because the parent 
 33.17  has been convicted of a crime listed in section 260.012, 
 33.18  paragraph (b), clauses (1) to (3). 
 33.19     Sec. 31.  Minnesota Statutes 1996, section 260.241, 
 33.20  subdivision 1, is amended to read: 
 33.21     Subdivision 1.  If, after a hearing, the court finds by 
 33.22  clear and convincing evidence that one or more of the conditions 
 33.23  set out in section 260.221 exist, it may terminate parental 
 33.24  rights.  Upon the termination of parental rights all rights, 
 33.25  powers, privileges, immunities, duties, and obligations, 
 33.26  including any rights to custody, control, visitation, or support 
 33.27  existing between the child and parent shall be severed and 
 33.28  terminated and the parent shall have no standing to appear at 
 33.29  any further legal proceeding concerning the child.  Provided, 
 33.30  however, that a parent whose parental rights are terminated: 
 33.31     (1) shall remain liable for the unpaid balance of any 
 33.32  support obligation owed under a court order upon the effective 
 33.33  date of the order terminating parental rights; and 
 33.34     (2) may be a party to a communication or contact agreement 
 33.35  under section 259.58. 
 33.36     Sec. 32.  Minnesota Statutes 1996, section 260.241, 
 34.1   subdivision 3, is amended to read: 
 34.2      Subd. 3.  (a) A certified copy of the findings and the 
 34.3   order terminating parental rights, and a summary of the court's 
 34.4   information concerning the child shall be furnished by the court 
 34.5   to the commissioner or the agency to which guardianship is 
 34.6   transferred.  The orders shall be on a document separate from 
 34.7   the findings.  The court shall furnish the individual to whom 
 34.8   guardianship is transferred a copy of the order terminating 
 34.9   parental rights. 
 34.10     (b) The court shall retain jurisdiction in a case where 
 34.11  adoption is the intended permanent placement disposition.  The 
 34.12  guardian ad litem and counsel for the child shall continue on 
 34.13  the case until an adoption decree is entered.  A hearing must be 
 34.14  held every 90 days following termination of parental rights for 
 34.15  the court to review progress toward an adoptive placement. 
 34.16     (c) The court shall retain jurisdiction in a case where 
 34.17  long-term foster care is the permanent disposition.  The 
 34.18  guardian ad litem and counsel for the child must be dismissed 
 34.19  from the case on the effective date of the permanent placement 
 34.20  order.  However, the foster parent and the child, if of 
 34.21  sufficient age, must be informed how they may contact a guardian 
 34.22  ad litem if the matter is subsequently returned to court. 
 34.23     Sec. 33.  [UNIFORM PRIVATE CHIPS PETITION.] 
 34.24     The state court administrator shall prepare and make 
 34.25  available to court administrators in each county the private 
 34.26  CHIPS petition form required by Minnesota Statutes, section 
 34.27  260.131, subdivision 1.  
 34.28     Sec. 34.  [JUVENILE CODE RECODIFICATION.] 
 34.29     The revisor of statutes shall reorganize Minnesota 
 34.30  Statutes, chapter 260, and other laws relating to child 
 34.31  protection and child welfare services to create separate, 
 34.32  comprehensible areas of law dealing with child protection and 
 34.33  delinquency in the form of a bill for introduction at the 1998 
 34.34  regular legislative session. 
 34.35     Sec. 35.  [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 
 34.36     The commissioner of human services shall explore strategies 
 35.1   and incentives to facilitate recruitment of foster and adoptive 
 35.2   families.  The commissioner shall report to the supreme court 
 35.3   and the chairs of the committees on the judiciary and on health 
 35.4   and human services in the house of representatives and the 
 35.5   senate by February 1, 1998, on an action proposal and whether 
 35.6   any legislation is needed to implement it. 
 35.7      Sec. 36.  [STATE COURT AND TRIBAL COURT COMMISSION.] 
 35.8      The supreme court shall establish a commission to examine 
 35.9   state court and tribal court relations. 
 35.10     Sec. 37.  [APPROPRIATIONS.] 
 35.11     Subdivision 1.  [GUARDIANS AD LITEM.] $....... is 
 35.12  appropriated from the general fund to the state court 
 35.13  administrator to provide guardians ad litem for children in 
 35.14  proceedings for a child in need of protection or services and in 
 35.15  proceedings to terminate parental rights. 
 35.16     Subd. 2.  [COUNSEL.] $....... is appropriated from the 
 35.17  general fund to the board of public defense to provide legal 
 35.18  representation for children in proceedings for a child in need 
 35.19  of protection and in proceedings to terminate parental rights. 
 35.20     Sec. 38.  [REPEALER.] 
 35.21     Minnesota Statutes 1996, section 259.33, is repealed. 
 35.22     Sec. 39.  [EFFECTIVE DATE; APPLICATION.] 
 35.23     Section 26, paragraph (a), clause (2), applies to children 
 35.24  who were first placed outside the home on or after August 1, 
 35.25  1995.