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SF 4105

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

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying adoption provisions; adding safe place for
newborns provisions; modifying child welfare program provisions; modifying
Northstar kinship assistance provisions; amending Minnesota Statutes 2018,
sections 144.216, by adding subdivisions; 144.218, by adding a subdivision;
144.226, subdivision 1; 145.902; 256N.02, subdivisions 16, 17; 256N.22,
subdivision 1; 256N.23, subdivisions 2, 6; 256N.24, subdivisions 1, 8, 11, 12, 14;
259.241; 259.35, subdivision 1; 259.53, subdivision 4; 259.75, subdivisions 5, 6,
9; 259.83, subdivision 1a; 259A.75, subdivisions 1, 2, 3, 4; 260C.212, subdivision
1, by adding a subdivision; 260C.219; 260C.503, subdivision 2; 260C.515,
subdivision 3; 260C.605, subdivision 1; 260C.607, subdivision 6; 260C.609;
260C.615; Minnesota Statutes 2019 Supplement, sections 260C.007, subdivision
22a; 260C.212, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 144.216, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Reporting safe place newborn births. new text end

new text begin A hospital that receives a safe place
newborn under section 145.902 shall report the birth of the newborn to the Office of Vital
Records within five days after receiving the newborn. The state registrar must register
information about the safe place newborn according to part 4601.0600, subpart 4, item C.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 144.216, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Status of safe place birth registrations. new text end

new text begin (a) Information about the safe place
newborn registered under subdivision 3 shall constitute the record of birth for the child. The
record is confidential data on individuals as defined in section 13.02, subdivision 3.
Information on the birth record or a birth certificate issued from the birth record shall be
disclosed only to the responsible social services agency as defined in section 260C.007,
subdivision 27a, or pursuant to court order.
new text end

new text begin (b) Pursuant to section 144.218, subdivision 6, if the safe place newborn was born in a
hospital and it is known that a record of birth was registered, the Office of Vital Records
shall replace the original birth record registered under section 144.215.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 3.

Minnesota Statutes 2018, section 144.218, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Safe place newborns. new text end

new text begin If a hospital receives a safe place newborn under section
145.902 and it is known that a record of birth was registered, the hospital shall report the
newborn to the Office of Vital Records and identify the birth record. The state registrar
shall issue a replacement birth record free of information that identifies a parent. The prior
vital record is confidential data on individuals as defined in section 13.02, subdivision 3,
and shall not be disclosed except pursuant to court order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 144.226, subdivision 1, is amended to read:


Subdivision 1.

Which services are for fee.

(a) The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner:

(b) The fee for the administrative review and processing of a request for a certified vital
record or a certification that the vital record cannot be found is $9. The fee is payable at the
time of application and is nonrefundable.

(c) The fee for processing a request for the replacement of a birth record for all events,
except new text beginfor safe place newborns pursuant to section 144.218, subdivision 6, and new text endwhen filing
a recognition of parentage pursuant to section 257.73, subdivision 1, is $40. The fee is
payable at the time of application and is nonrefundable.

(d) The fee for administrative review and processing of a request for the filing of a
delayed registration of birth, stillbirth, or death is $40. The fee is payable at the time of
application and is nonrefundable.

(e) The fee for administrative review and processing of a request for the amendment of
any vital record is $40. The fee is payable at the time of application and is nonrefundable.

(f) The fee for administrative review and processing of a request for the verification of
information from vital records is $9 when the applicant furnishes the specific information
to locate the vital record. When the applicant does not furnish specific information, the fee
is $20 per hour for staff time expended. Specific information includes the correct date of
the event and the correct name of the subject of the record. Fees charged shall approximate
the costs incurred in searching and copying the vital records. The fee is payable at the time
of application and is nonrefundable.

(g) The fee for administrative review and processing of a request for the issuance of a
copy of any document on file pertaining to a vital record or statement that a related document
cannot be found is $9. The fee is payable at the time of application and is nonrefundable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 145.902, is amended to read:


145.902 GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS DUTIES;
IMMUNITY.

Subdivision 1.

General.

(a) For purposes of this section, a "safe place" means a hospital
licensed under sections 144.50 to 144.56,new text begin including the hospital where the newborn was
born,
new text end a health care provider who provides urgent care medical services, or an ambulance
service licensed under chapter 144E dispatched in response to a 911 call from a mother or
a person with the mother's permission to relinquish a newborn infant.

(b) A safe place shall receive a newborn left with an employee on the premises of the
safe place during its hours of operation, provided that:

(1) the newborn was born within seven days of being left at the safe place, as determined
within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

(c) The safe place must not inquire as to the identity of the mother or the person leaving
the newborn or call the police, provided the newborn is unharmed when presented to the
hospital. The safe place may ask the mother or the person leaving the newborn about the
medical history of the mother or newborn new text beginand if the newborn may have lineage to an Indian
tribe and, if known, the name of the tribe
new text endbut the mother or the person leaving the newborn
is not required to provide any information. The safe place may provide the mother or the
person leaving the newborn with information about how to contact relevant social service
agencies.

(d) A safe place that is a health care provider who provides urgent care medical services
shall dial 911, advise the dispatcher that the call is being made from a safe place for
newborns, and ask the dispatcher to send an ambulance or take other appropriate action to
transport the newborn to a hospital. An ambulance with whom a newborn is left shall
transport the newborn to a hospital for care. Hospitals must receive a newborn left with a
safe place and make the report as required in subdivision 2.

Subd. 2.

Reporting.

new text begin(a) new text endWithin 24 hours of receiving a newborn under this section, the
hospital must inform the responsible social service agency that a newborn has been left at
the hospital, but must not do so in the presence of the mother or the person leaving the
newborn. The hospital must provide necessary care to the newborn pending assumption of
legal responsibility by the responsible social service agency pursuant to section 260C.139,
subdivision 5
.

new text begin (b) Within five days of receiving a newborn under this section, a hospital shall report
the newborn pursuant to section 144.216, subdivision 3. If a hospital receives a safe place
newborn under section 145.902 and it is known that a record of birth was registered because
the newborn was born at that hospital, the hospital shall report the newborn to the Office
of Vital Records and identify the birth record. The state registrar shall issue a replacement
birth record pursuant to section 144.218, subdivision 6.
new text end

Subd. 3.

Immunity.

(a) A safe place with responsibility for performing duties under
this section, and any new text beginhospital, new text endemployee, doctor, ambulance personnel, or other medical
professional working at the safe place, are immune from any criminal liability that otherwise
might result from their actions, if they are acting in good faith in receiving a newborn, and
are immune from any civil liability new text beginor administrative penalty new text endthat otherwise might result
from merely receiving a newborn.

(b) A safe place performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the safe place who is a mandated reporter
under section 626.556, is immune from any criminal or civil liability that otherwise might
result from the failure to make a report under that section if the person is acting in good
faith in complying with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 256N.02, subdivision 16, is amended to read:


Subd. 16.

Permanent legal and physical custody.

"Permanent legal and physical
custody" meansnew text begin: (1)new text end a new text beginfull new text endtransfer of permanent legal and physical custody new text beginordered by a
Minnesota juvenile court under section 260C.515, subdivision 4,
new text endto a relative deleted text beginordered by a
Minnesota juvenile court under section 260C.515, subdivision 4,
deleted text endnew text begin who is not a parent as
defined in section 260C.007, subdivision 25;
new text end or new text begin(2) new text endfor a child under jurisdiction of a tribal
court, a judicial determination under a similar provision in tribal code which means that a
relative will assume the duty and authority to provide care, control, and protection of a child
who is residing in foster care, and to make decisions regarding the child's education, health
care, and general welfare until adulthood.new text begin For purposes of establishing eligibility for Northstar
kinship assistance, permanent legal and physical custody shall not include joint legal custody,
joint physical custody, or joint legal and joint physical custody between a child's parent and
relative custodian.
new text end

Sec. 7.

Minnesota Statutes 2018, section 256N.02, subdivision 17, is amended to read:


Subd. 17.

Reassessment.

"Reassessment" means an update of a previous assessment
through the process under section 256N.24 for a child who has been continuously eligible
for Northstar Care for Children, or when a child identified as an at-risk child (Level A)
under deleted text beginguardianship ordeleted text end adoption assistance has manifested the disability upon which eligibility
for the agreement was based according to section 256N.25, subdivision 3, paragraph (b).
A reassessment may be used to update an initial assessment, a special assessment, or a
previous reassessment.

Sec. 8.

Minnesota Statutes 2018, section 256N.22, subdivision 1, is amended to read:


Subdivision 1.

General eligibility requirements.

(a) To be eligible for Northstar kinship
assistance under this section, there must be a judicial determination under section 260C.515,
subdivision 4
, that a transfer of permanent legal and physical custody to a relative new text beginwho is
not a parent of the child
new text endis in the child's best interest. For a child under jurisdiction of a
tribal court, a judicial determination under a similar provision in tribal code indicating that
a relative will assume the duty and authority to provide care, control, and protection of a
child who is residing in foster care, and to make decisions regarding the child's education,
health care, and general welfare until adulthood, and that this is in the child's best interest
is considered equivalent. new text beginA child whose parent shares legal, physical, or legal and physical
custody with a relative custodian is not eligible for Northstar kinship assistance.
new text endAdditionally,
a child must:

(1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;

(2)(i) have resided with the prospective relative custodian who has been a licensed child
foster parent for at least six consecutive months; or

(ii) have received from the commissioner an exemption from the requirement in item
(i) that the prospective relative custodian has been a licensed child foster parent for at least
six consecutive months, based on a determination that:

(A) an expedited move to permanency is in the child's best interest;

(B) expedited permanency cannot be completed without provision of Northstar kinship
assistance;

(C) the prospective relative custodian is uniquely qualified to meet the child's needs, as
defined in section 260C.212, subdivision 2, on a permanent basis;

(D) the child and prospective relative custodian meet the eligibility requirements of this
section; and

(E) efforts were made by the legally responsible agency to place the child with the
prospective relative custodian as a licensed child foster parent for six consecutive months
before permanency, or an explanation why these efforts were not in the child's best interests;

(3) meet the agency determinations regarding permanency requirements in subdivision
2;

(4) meet the applicable citizenship and immigration requirements in subdivision 3;

(5) have been consulted regarding the proposed transfer of permanent legal and physical
custody to a relative, if the child is at least 14 years of age or is expected to attain 14 years
of age prior to the transfer of permanent legal and physical custody; and

(6) have a written, binding agreement under section 256N.25 among the caregiver or
caregivers, the financially responsible agency, and the commissioner established prior to
transfer of permanent legal and physical custody.

(b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.

(c) To be eligible for title IV-E Northstar kinship assistance, a child must also meet any
additional criteria in section 473(d) of the Social Security Act. The sibling of a child who
meets the criteria for title IV-E Northstar kinship assistance in section 473(d) of the Social
Security Act is eligible for title IV-E Northstar kinship assistance if the child and sibling
are placed with the same prospective relative custodian or custodians, and the legally
responsible agency, relatives, and commissioner agree on the appropriateness of the
arrangement for the sibling. A child who meets all eligibility criteria except those specific
to title IV-E Northstar kinship assistance is entitled to Northstar kinship assistance paid
through funds other than title IV-E.

Sec. 9.

Minnesota Statutes 2018, section 256N.23, subdivision 2, is amended to read:


Subd. 2.

Special needs determination.

(a) A child is considered a child with special
needs under this section if the requirements in paragraphs (b) to (g) are met.

(b) There must be a determination that the child must not or should not be returned to
the home of the child's parents as evidenced by:

(1) a court-ordered termination of parental rights;

(2) a petition to terminate parental rights;

(3) consent of new text beginthe new text endparent to adoption accepted by the court under chapter 260Cnew text begin or, in
the case of a child receiving Northstar kinship assistance payments under section 256N.22,
consent of the parent to adoption accepted by the court under chapter 259
new text end;

(4) in circumstances when tribal law permits the child to be adopted without a termination
of parental rights, a judicial determination by a tribal court indicating the valid reason why
the child cannot or should not return home;

(5) a voluntary relinquishment under section 259.25 deleted text beginor 259.47deleted text end or, if relinquishment
occurred in another state, the applicable laws in that state; or

(6) the death of the legal parent or parents if the child has two legal parents.

(c) There exists a specific factor or condition of which it is reasonable to conclude that
the child cannot be placed with adoptive parents without providing adoption assistance as
evidenced by:

(1) a determination by the Social Security Administration that the child meets all medical
or disability requirements of title XVI of the Social Security Act with respect to eligibility
for Supplemental Security Income benefits;

(2) a documented physical, mental, emotional, or behavioral disability not covered under
clause (1);

(3) a member of a sibling group being adopted at the same time by the same parent;

(4) an adoptive placement in the home of a parent who previously adopted a sibling for
whom they receive adoption assistance; or

(5) documentation that the child is an at-risk child.

(d) A reasonable but unsuccessful effort must have been made to place the child with
adoptive parents without providing adoption assistance as evidenced by:

(1) a documented search for an appropriate adoptive placement; or

(2) a determination by the commissioner that a search under clause (1) is not in the best
interests of the child.

(e) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including the registration of the child with the state adoption exchange
and other recruitment methods under paragraph (f), must be waived if:

(1) the child is being adopted by a relative and it is determined by the child-placing
agency that adoption by the relative is in the best interests of the child;

(2) the child is being adopted by a foster parent with whom the child has developed
significant emotional ties while in the foster parent's care as a foster child and it is determined
by the child-placing agency that adoption by the foster parent is in the best interests of the
child; or

(3) the child is being adopted by a parent that previously adopted a sibling of the child,
and it is determined by the child-placing agency that adoption by this parent is in the best
interests of the child.

For an Indian child covered by the Indian Child Welfare Act, a waiver must not be
granted unless the child-placing agency has complied with the placement preferences required
by the Indian Child Welfare Act, United States Code, title 25, section 1915(a).

(f) To meet the requirement of a documented search for an appropriate adoptive placement
under paragraph (d), clause (1), the child-placing agency minimally must:

(1) conduct a relative search as required by section 260C.221 and give consideration to
placement with a relative, as required by section 260C.212, subdivision 2;

(2) comply with the placement preferences required by the Indian Child Welfare Act
when the Indian Child Welfare Act, United States Code, title 25, section 1915(a), applies;

(3) locate prospective adoptive families by registering the child on the state adoption
exchange, as required under section 259.75; and

(4) if registration with the state adoption exchange does not result in the identification
of an appropriate adoptive placement, the agency must employ additional recruitment
methods prescribed by the commissioner.

(g) Once the legally responsible agency has determined that placement with an identified
parent is in the child's best interests and made full written disclosure about the child's social
and medical history, the agency must ask the prospective adoptive parent if the prospective
adoptive parent is willing to adopt the child without receiving adoption assistance under
this section. If the identified parent is either unwilling or unable to adopt the child without
adoption assistance, the legally responsible agency must provide documentation as prescribed
by the commissioner to fulfill the requirement to make a reasonable effort to place the child
without adoption assistance. If the identified parent is willing to adopt the child without
adoption assistance, the parent must provide a written statement to this effect to the legally
responsible agency and the statement must be maintained in the permanent adoption record
of the legally responsible agency. For children under guardianship of the commissioner,
the legally responsible agency shall submit a copy of this statement to the commissioner to
be maintained in the permanent adoption record.

Sec. 10.

Minnesota Statutes 2018, section 256N.23, subdivision 6, is amended to read:


Subd. 6.

Exclusions.

The commissioner must not enter into an adoption assistance
agreement with the following individuals:

(1) a child's biological parent or stepparent;

(2) a child's relative under section 260C.007, subdivision 26b or 27, with whom the
child resided immediately prior to child welfare involvement unless:

(i) the child was in the custody of a Minnesota county or tribal agency pursuant to an
order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and

(ii) the child is under guardianship of the commissioner of human services according to
the requirements of section 260C.325, subdivision 1 or 3, or is a ward of a Minnesota tribal
court after termination of parental rights, suspension of parental rights, or a finding by the
tribal court that the child cannot safely return to the care of the parent;

(3) an individual adopting a child who is the subject of a direct adoptive placement under
section 259.47 or the equivalent in tribal code;

(4) a child's legal custodian or guardian who is now adopting the childnew text begin, except for a
relative custodian as defined in section 256N.02, subdivision 19, who is currently receiving
Northstar kinship assistance benefits
new text end; or

(5) an individual who is adopting a child who is not a citizen or resident of the United
States and was either adopted in another country or brought to the United States for the
purposes of adoption.

Sec. 11.

Minnesota Statutes 2018, section 256N.24, subdivision 1, is amended to read:


Subdivision 1.

Assessment.

(a) Each child eligible under sections 256N.21, 256N.22,
and 256N.23, must be assessed to determine the benefits the child may receive under section
256N.26, in accordance with the assessment tool, process, and requirements specified in
subdivision 2.

(b) If an agency applies the emergency foster care rate for initial placement under section
256N.26, the agency may wait up to 30 days to complete the initial assessment.

(c) Unless otherwise specified in paragraph (d), a child must be assessed at the basic
level, level B, or one of ten supplemental difficulty of care levels, levels C to L.

(d) An assessment must not be completed for:

(1) a child eligible for Northstar deleted text beginkinship assistance under section 256N.22 ordeleted text end adoption
assistance under section 256N.23 who is determined to be an at-risk child. A child under
this clause must be assigned level A under section 256N.26, subdivision 1; and

(2) a child transitioning into Northstar Care for Children under section 256N.28,
subdivision 7, unless the commissioner determines an assessment is appropriate.

Sec. 12.

Minnesota Statutes 2018, section 256N.24, subdivision 8, is amended to read:


Subd. 8.

Completing the special assessment.

(a) The special assessment must be
completed in consultation with the child's caregiver. Face-to-face contact with the caregiver
is not required to complete the special assessment.

(b) If a new special assessment is required prior to the effective date of the Northstar
kinship assistance agreement, it must be completed by the financially responsible agency,
in consultation with the legally responsible agency if different. If the prospective relative
custodian is unable or unwilling to cooperate with the special assessment process, the child
shall be assigned the basic level, level B under section 256N.26, subdivision 3deleted text begin, unless the
child is known to be an at-risk child, in which case, the child shall be assigned level A under
section 256N.26, subdivision 1
deleted text end.

(c) If a special assessment is required prior to the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency, in consultation with
the legally responsible agency if different. If there is no financially responsible agency, the
special assessment must be completed by the agency designated by the commissioner. If
the prospective adoptive parent is unable or unwilling to cooperate with the special
assessment process, the child must be assigned the basic level, level B under section 256N.26,
subdivision 3
, unless the child is known to be an at-risk child, in which case, the child shall
be assigned level A under section 256N.26, subdivision 1.

(d) Notice to the prospective relative custodians or prospective adoptive parents must
be provided as specified in subdivision 13.

Sec. 13.

Minnesota Statutes 2018, section 256N.24, subdivision 11, is amended to read:


Subd. 11.

Completion of reassessment.

(a) The reassessment must be completed in
consultation with the child's caregiver. Face-to-face contact with the caregiver is not required
to complete the reassessment.

(b) For foster children eligible under section 256N.21, reassessments must be completed
by the financially responsible agency, in consultation with the legally responsible agency
if different.

(c) If reassessment is required after the effective date of the Northstar kinship assistance
agreement, the reassessment must be completed by the financially responsible agency.

(d) If a reassessment is required after the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency or, if there is no
financially responsible agency, the agency designated by the commissioner.

(e) If the child's caregiver is unable or unwilling to cooperate with the reassessment, the
child must be assessed at level B under section 256N.26, subdivision 3, unless the child has
deleted text begin andeleted text endnew text begin a Northstarnew text end adoption assistance deleted text beginor Northstar kinship assistancedeleted text end agreement in place and
is known to be an at-risk child, in which case the child must be assessed at level A under
section 256N.26, subdivision 1.

Sec. 14.

Minnesota Statutes 2018, section 256N.24, subdivision 12, is amended to read:


Subd. 12.

Approval of initial assessments, special assessments, and reassessments.

(a)
Any agency completing initial assessments, special assessments, or reassessments must
designate one or more supervisors or other staff to examine and approve assessments
completed by others in the agency under subdivision 2. The person approving an assessment
must not be the case manager or staff member completing that assessment.

(b) In cases where a special assessment or reassessment for deleted text beginguardiandeleted text endnew text begin Northstar kinshipnew text end
assistance and adoption assistance is required under subdivision 8 or 11, the commissioner
shall review and approve the assessment as part of the eligibility determination process
outlined in section 256N.22, subdivision 7, for Northstar kinship assistance, or section
256N.23, subdivision 7, for adoption assistance. The assessment determines the maximum
for the negotiated agreement amount under section 256N.25.

(c) The new rate is effective the calendar month that the assessment is approved, or the
effective date of the agreement, whichever is later.

Sec. 15.

Minnesota Statutes 2018, section 256N.24, subdivision 14, is amended to read:


Subd. 14.

Assessment tool determines rate of benefits.

The assessment tool established
by the commissioner in subdivision 2 determines the monthly benefit level for children in
foster care. The monthly payment for deleted text beginguardiandeleted text endnew text begin Northstar kinshipnew text end assistance or adoption
assistance may be negotiated up to the monthly benefit level under foster care for those
children eligible for a payment under section 256N.26, subdivision 1.

Sec. 16.

Minnesota Statutes 2018, section 259.241, is amended to read:


259.241 ADULT ADOPTION.

(a) Any adult person may be adopted, regardless of the adult person's residence. A
resident of Minnesota may petition the court of record having jurisdiction of adoption
proceedings to adopt an individual who has reached the age of 18 years or older.

(b) The consent of the person to be adopted shall be the only consent necessary, according
to section 259.24. The consent of an adult in the adult person's own adoption is invalid if
the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, or
if the person consenting to the adoption is determined not competent to give consent.

new text begin (c) Notwithstanding paragraph (b), an individual in extended foster care under section
260C.451 may consent to their own adoption provided the court of jurisdiction finds the
individual competent to give consent.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end The decree of adoption establishes a parent-child relationship between the adopting
parent or parents and the person adopted, including the right to inherit, and also terminates
the parental rights deleted text beginand sibling relationshipdeleted text end between the adopted person and the adopted
person's birth parents deleted text beginand siblingsdeleted text end according to section 259.59.

deleted text begin (d)deleted text endnew text begin (e)new text end If the adopted person requests a change of name, the adoption decree shall order
the name change.

Sec. 17.

Minnesota Statutes 2018, section 259.35, subdivision 1, is amended to read:


Subdivision 1.

Parental responsibilities.

Prior to commencing an investigation of the
suitability of proposed adoptive parents, a child-placing agency shall give the individuals
the following written notice in all capital letters at least one-eighth inch high:

"Minnesota Statutes, section 259.59, provides that upon legally adopting a child, adoptive
parents assume all the rights and responsibilities of birth parents. The responsibilities include
providing for the child's financial support and caring for health, emotional, and behavioral
problems. Except for subsidized adoptions under Minnesota Statutes, chapter deleted text begin259Adeleted text endnew text begin 256Nnew text end,
or any other provisions of law that expressly apply to adoptive parents and children, adoptive
parents are not eligible for state or federal financial subsidies besides those that a birth
parent would be eligible to receive for a child. Adoptive parents may not terminate their
parental rights to a legally adopted child for a reason that would not apply to a birth parent
seeking to terminate rights to a child. An individual who takes guardianship of a child for
the purpose of adopting the child shall, upon taking guardianship from the child's country
of origin, assume all the rights and responsibilities of birth and adoptive parents as stated
in this paragraph."

Sec. 18.

Minnesota Statutes 2018, section 259.53, subdivision 4, is amended to read:


Subd. 4.

Preadoption residence.

No petition shall be grantednew text begin under this chapternew text end until
the child shall have lived three months in the proposed home, subject to a right of visitation
by the commissioner or an agency or their authorized representatives.

Sec. 19.

Minnesota Statutes 2018, section 259.75, subdivision 5, is amended to read:


Subd. 5.

Withdrawal of registration.

A child's registration shall be withdrawn when
the exchange service has been notified in writing by the local social service agency or the
licensed child-placing agency that the child has been placed in an adoptive home deleted text beginordeleted text endnew text begin,new text end has
diednew text begin, or is no longer under guardianship of the commissioner and is no longer seeking an
adoptive home
new text end.

Sec. 20.

Minnesota Statutes 2018, section 259.75, subdivision 6, is amended to read:


Subd. 6.

Periodic review of status.

new text begin(a) new text endThe deleted text beginexchange servicedeleted text endnew text begin commissionernew text end shall
deleted text begin semiannually checkdeleted text endnew text begin reviewnew text end thenew text begin state adoption exchangenew text end status of deleted text beginlisteddeleted text end children deleted text beginfor whom
inquiries have been received.
deleted text endnew text begin, including a child whose registration was withdrawn pursuant
to subdivision 5. The commissioner may determine that a child who is unregistered, or
whose registration has been deferred, must be registered and require the authorized
child-placing agency to register the child with the state adoption exchange within ten working
days of the commissioner's determination.
new text end

new text begin (b) new text end Periodic deleted text beginchecksdeleted text endnew text begin reviewsnew text end shall be made deleted text beginby the servicedeleted text end to determine the progress
toward adoption of deleted text beginthose children and the status ofdeleted text end children registered deleted text beginbut never listed indeleted text endnew text begin
on
new text end the deleted text beginexchange book because of placement in an adoptive home prior to or at the time of
registration
deleted text endnew text begin state adoption exchangenew text end.

Sec. 21.

Minnesota Statutes 2018, section 259.75, subdivision 9, is amended to read:


Subd. 9.

Rules; staff.

The commissioner of human services shall make rules as necessary
to administer this section and shall employ necessary staff to carry out the purposes of this
section.new text begin The commissioner may contract for portions of these services.
new text end

Sec. 22.

Minnesota Statutes 2018, section 259.83, subdivision 1a, is amended to read:


Subd. 1a.

Social and medical history.

(a) If a person aged 19 years and over who was
adopted on or after August 1, 1994, or the adoptive parent requests the detailed nonidentifying
social and medical history of the adopted person's birth family that was provided at the time
of the adoption, agencies must provide the information to the adopted person or adoptive
parent on thenew text begin applicablenew text end form required under deleted text beginsectiondeleted text endnew text begin sectionsnew text end 259.43new text begin and 260C.212,
subdivision 15
new text end.

(b) If an adopted person aged 19 years and over or the adoptive parent requests the
agency to contact the adopted person's birth parents to request current nonidentifying social
and medical history of the adopted person's birth family, agencies must use thenew text begin applicablenew text end
form required under deleted text beginsectiondeleted text endnew text begin sectionsnew text end 259.43new text begin and 260C.212, subdivision 15,new text end when obtaining
the information for the adopted person or adoptive parent.

Sec. 23.

Minnesota Statutes 2018, section 259A.75, subdivision 1, is amended to read:


Subdivision 1.

General information.

(a) Subject to the procedures required by the
commissioner and the provisions of this section, a Minnesota countynew text begin or tribal agencynew text end shall
receive a reimbursement from the commissioner equal to 100 percent of the reasonable and
appropriate cost for contracted adoption placement services identified for a specific child
that are not reimbursed under other federal or state funding sources.

(b) The commissioner may spend up to $16,000 for each purchase of service contract.
Only one contract per child per adoptive placement is permitted. Funds encumbered and
obligated under the contract for the child remain available until the terms of the contract
are fulfilled or the contract is terminated.

(c) The commissioner shall set aside an amount not to exceed five percent of the total
amount of the fiscal year appropriation from the state for the adoption assistance program
to reimburse a Minnesota county or tribal social services placing agency for child-specific
adoption placement services. When adoption assistance payments for children's needs exceed
95 percent of the total amount of the fiscal year appropriation from the state for the adoption
assistance program, the amount of reimbursement available to placing agencies for adoption
services is reduced correspondingly.

Sec. 24.

Minnesota Statutes 2018, section 259A.75, subdivision 2, is amended to read:


Subd. 2.

Purchase of service contract child eligibility criteria.

deleted text begin(a)deleted text end A child who is the
subject of a purchase of service contract must:

(1) have the goal of adoption, which may include an adoption in accordance with tribal
law;

(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and

(3) meet all of the special needs criteria according to section deleted text begin259A.10, subdivision 2deleted text endnew text begin
256N.23, subdivision 2
new text end.

deleted text begin (b) A child under the guardianship of the commissioner must have an identified adoptive
parent and a fully executed adoption placement agreement according to section 260C.613,
subdivision 1
, paragraph (a).
deleted text end

Sec. 25.

Minnesota Statutes 2018, section 259A.75, subdivision 3, is amended to read:


Subd. 3.

Agency eligibility criteria.

(a) A Minnesota countynew text begin or tribalnew text end social services
agency shall receive reimbursement for child-specific adoption placement services for an
eligible child that it purchases from a private adoption agency licensed in Minnesota or any
other state or tribal social services agency.

(b) Reimbursement for adoption services is available only for services provided prior
to the date of the adoption decree.

Sec. 26.

Minnesota Statutes 2018, section 259A.75, subdivision 4, is amended to read:


Subd. 4.

Application and eligibility determination.

(a) Anew text begin Minnesotanew text end countynew text begin or tribalnew text end
social services agency may request reimbursement of costs for adoption placement services
by submitting a complete purchase of service application, according to the requirements
and procedures and on forms prescribed by the commissioner.

(b) The commissioner shall determine eligibility for reimbursement of adoption placement
services. If determined eligible, the commissioner of human services shall sign the purchase
of service agreement, making this a fully executed contract. No reimbursement under this
section shall be made to an agency for services provided prior to the fully executed contract.

(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is permitted.
For siblings who are placed together, services shall be planned and provided to best maximize
efficiency of the contracted hours.

Sec. 27.

Minnesota Statutes 2019 Supplement, section 260C.007, subdivision 22a, is
amended to read:


Subd. 22a.

Licensed residential family-based substance use disorder treatment
program.

"Licensed residential family-based substance use disorder treatment program"
means a residential treatment facility that provides the parent or guardian with parenting
skills training, parent education, or individual and family counseling, under an organizational
structure and treatment framework that involves understanding, recognizing, and responding
to the effects of all types of trauma according to recognized principles of a trauma-informed
approach and trauma-specific interventions to address the consequences of trauma and
facilitate healing. The residential program must be licensed by the Department of Human
Services under deleted text beginchapterdeleted text endnew text begin chaptersnew text end 245A and deleted text beginsections 245G.01 to 245G.16, 245G.19, and
245G.21
deleted text endnew text begin 245G or tribally licensed or approvednew text end as a residential substance use disorder
treatment program specializing in the treatment of clients with children.

Sec. 28.

Minnesota Statutes 2018, section 260C.212, subdivision 1, is amended to read:


Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared by the
responsible social services agency jointly with the parent or parents or guardian of the child
and in consultation with the child's guardian ad litem, the child's tribe, if the child is an
Indian child, the child's foster parent or representative of the foster care facility, and, where
appropriate, the child. When a child is age 14 or older, the child may include two other
individuals on the team preparing the child's out-of-home placement plan. The child may
select one member of the case planning team to be designated as the child's advisor and to
advocate with respect to the application of the reasonable and prudent parenting standards.
The responsible social services agency may reject an individual selected by the child if the
agency has good cause to believe that the individual would not act in the best interest of the
child. For a child in voluntary foster care for treatment under chapter 260D, preparation of
the out-of-home placement plan shall additionally include the child's mental health treatment
provider. For a child 18 years of age or older, the responsible social services agency shall
involve the child and the child's parents as appropriate. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoption. At a minimum, the documentation must include consideration
of whether adoption is in the best interests of the child, child-specific recruitment efforts
such as relative search and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;

(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information available
regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;

(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;

(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community;
and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes; and

(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.

After the plan has been agreed upon by the parties involved or approved or ordered by
the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodiandeleted text begin, as appropriate,deleted text end and the child, if deleted text beginappropriatedeleted text endnew text begin 14 years of age or oldernew text end,
must be provided with a current copy of the child's health and education recorddeleted text begin.deleted text endnew text begin and, for a
child who meets the conditions in subdivision 15, paragraph (b), the child's social and
medical history. A child younger than 14 years of age may be given a copy of the child's
health and education record and social and medical history, if appropriate and applicable
according to subdivision 15, paragraph (b).
new text end

Sec. 29.

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


Subd. 2.

Placement decisions based on best interests of the child.

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

(1) with an individual who is related to the child by blood, marriage, or adoptionnew text begin,
including the legal parent, guardian, or custodian of the child's siblings
new text end; or

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

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

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

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

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

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

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

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

(8) the child's interests and talents;

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

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

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

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

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

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

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

Sec. 30.

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


new text begin Subd. 15. new text end

new text begin Social and medical history. new text end

new text begin (a) The responsible social services agency shall
complete a child's social and medical history using forms developed by the commissioner.
The responsible social services agency shall work with the child's birth family, foster family,
medical and treatment providers, and school to ensure there is a detailed and up-to-date
social and medical history of the child on the forms provided by the commissioner.
new text end

new text begin (b) If the child continues in foster care, reasonable efforts by the responsible social
services agency to complete the history shall begin no later than the permanency progress
review hearing required under section 260C.204 or six months after the child's placement
in foster care, whichever occurs earlier.
new text end

new text begin (c) A child's social and medical history must include background information and health
history specific to the child, the child's birth parents, and the child's other birth relatives.
The child's applicable background information and health history includes the child's current
health condition, behavior, and demeanor; placement history; education history; sibling
information; and birth, medical, dental, and immunization information. Redacted copies of
pertinent records, assessments, and evaluations must be attached to the child's social and
medical history. Applicable background information and health history of the child's birth
parents and other birth relatives includes general background information; education and
employment history; physical health and mental health history; and reasons for the child's
placement.
new text end

Sec. 31.

Minnesota Statutes 2018, section 260C.219, is amended to read:


260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN
PLACEMENT.

(a) When a child is in foster care, the responsible social services agency shall make
diligent efforts to identify, locate, and, where appropriate, offer services to both parents of
the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but is not
limited to, obtaining information under section 260C.209. If after assessment, the responsible
social services agency determines that a noncustodial or nonadjudicated parent is willing
and capable of providing day-to-day care of the child, the responsible social services agency
may seek authority from the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated parent, the responsible social
services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the child
cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the agency
may petition on behalf of a noncustodial parent to establish legal custody with that parent
under section 260C.515, subdivision 4. If paternity has not already been established, it may
be established in the same proceeding in the manner provided for under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to locate
and offer services to both parents by the juvenile court upon a finding of good cause after
the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or guardian of
each child in foster care, other than a child in voluntary foster care for treatment under
chapter 260D, of the following information:

(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.

(c) The responsible social services agency shall inform a parent considering voluntary
placement of a child under section 260C.227 of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.

(d) When an agency accepts a child for placement, the agency shall determine whether
the child has had a physical examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the child came into the agency's
care. If there is documentation that the child has had an examination within the last 12
months, the agency is responsible for seeing that the child has another physical examination
within one year of the documented examination and annually in subsequent years. If the
agency determines that the child has not had a physical examination within the 12 months
immediately preceding placement, the agency shall ensure that the child has an examination
within 30 days of coming into the agency's care and once a year in subsequent years.

(e) Whether under state guardianship or not, if a child leaves foster care by reason of
having attained the age of majority under state law, the child must be given at no cost a
copy of the child's social and medical history, deleted text beginas defined indeleted text endnew text begin pursuant tonew text end section deleted text begin259.43,deleted text endnew text begin
260C.212, subdivision 15, including the child's health
new text end and education report.

Sec. 32.

Minnesota Statutes 2018, section 260C.503, subdivision 2, is amended to read:


Subd. 2.

Termination of parental rights.

(a) The responsible social services agency
must ask the county attorney to immediately file a termination of parental rights petition
when:

(1) the child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the child is determined to be the sibling of a child who was subjected to egregious
harm;

(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the child's parent has lost parental rights to another child through an order involuntarily
terminating the parent's rights;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) another child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under this chapter or a similar
law of another jurisdiction;

The county attorney shall file a termination of parental rights petition unless the conditions
of paragraph (d) are met.

(b) When the termination of parental rights petition is filed under this subdivision, the
responsible social services agency shall identify, recruit, and approve an adoptive family
for the child. If a termination of parental rights petition has been filed by another party, the
responsible social services agency shall be joined as a party to the petition.

(c) If criminal charges have been filed against a parent arising out of the conduct alleged
to constitute egregious harm, the county attorney shall determine which matter should
proceed to trial first, consistent with the best interests of the child and subject to the
defendant's right to a speedy trial.

(d) The requirement of paragraph (a) does not apply if the responsible social services
agency and the county attorney determine and file with the court:

(1) a petition for transfer of permanent legal and physical custody to a relative under
sections 260C.505 and 260C.515, subdivision deleted text begin3deleted text endnew text begin 4new text end, including a determination that adoption
is not in the child's best interests and that transfer of permanent legal and physical custody
is in the child's best interests; or

(2) a petition under section 260C.141 alleging the child, and where appropriate, the
child's siblings, to be in need of protection or services accompanied by a case plan prepared
by the responsible social services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best interests of the child.

Sec. 33.

Minnesota Statutes 2018, section 260C.515, subdivision 3, is amended to read:


Subd. 3.

Guardianship; commissioner.

The court may order guardianship to the
commissioner of human services under the following procedures and conditions:

(1) there is an identified prospective adoptive parent agreed to by the responsible social
services agency having legal custody of the child pursuant to court order under this chapter
and that prospective adoptive parent has agreed to adopt the child;

(2) the court accepts the parent's voluntary consent to adopt in writing on a form
prescribed by the commissioner, executed before two competent witnesses and confirmed
by the consenting parent before the court or executed before the court. The consent shall
contain notice that consent given under this chapter:

(i) is irrevocable upon acceptance by the court unless fraud is established and an order
is issued permitting revocation as stated in clause (9) unless the matter is governed by the
Indian Child Welfare Act, United States Code, title 25, section 1913(c); and

(ii) will result in an order that the child is under the guardianship of the commissioner
of human services;

(3) a consent executed and acknowledged outside of this state, either in accordance with
the law of this state or in accordance with the law of the place where executed, is valid;

(4) the court must review the matter at least every 90 days under section 260C.317;

(5) a consent to adopt under this subdivision vests guardianship of the child with the
commissioner of human services and makes the child a ward of the commissioner of human
services under section 260C.325;

(6) the court must forward to the commissioner a copy of the consent to adopt, together
with a certified copy of the order transferring guardianship to the commissioner;

(7) if an adoption is not finalized by the identified prospective adoptive parent within
six months of the execution of the consent to adopt under this clause, the responsible social
services agency shall pursue adoptive placement in another home unless the court finds in
a hearing under section 260C.317 that the failure to finalize is not due to either an action
or a failure to act by the prospective adoptive parent;

(8) notwithstanding clause (7), the responsible social services agency must pursue
adoptive placement in another home as soon as the agency determines that finalization of
the adoption with the identified prospective adoptive parent is not possible, that the identified
prospective adoptive parent is not willing to adopt the child, or that the identified prospective
adoptive parent is not cooperative in completing the steps necessary to finalize the adoptionnew text begin.
The court may order a termination of parental rights under subdivision 2
new text end; and

(9) unless otherwise required by the Indian Child Welfare Act, United States Code, title
25, section 1913(c), a consent to adopt executed under this section shall be irrevocable upon
acceptance by the court except upon order permitting revocation issued by the same court
after written findings that consent was obtained by fraud.

Sec. 34.

Minnesota Statutes 2018, section 260C.605, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.

(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.

(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.

(d) Reasonable efforts to finalize the adoption of the child include:

(1) using age-appropriate engagement strategies to plan for adoption with the child;

(2) identifying an appropriate prospective adoptive parent for the child by updating the
child's identified needs using the factors in section 260C.212, subdivision 2;

(3) making an adoptive placement that meets the child's needs by:

(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:

(A) relatives who have kept the agency or the court apprised of their whereabouts and
who have indicated an interest in adopting the child; or

(B) relatives of the child who are located in an updated search;

(ii) an updated search is required whenever:

(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;

(B) the child is removed from the home of an adopting parent; or

(C) the court determines a relative search by the agency is in the best interests of the
child;

(iii) engaging the child's foster parent and the child's relatives identified as an adoptive
resource during the search conducted under section 260C.221, to commit to being the
prospective adoptive parent of the child; or

(iv) when there is no identified prospective adoptive parent:

(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;

(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;

(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;

(D) using newspapers and other media to promote the particular child;

(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and

(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;

(4) updating and completing the social and medical history required under sections
deleted text begin 259.43deleted text endnew text begin 260C.212, subdivision 15,new text end and 260C.609;

(5) making, and keeping updated, appropriate referrals required by section 260.851, the
Interstate Compact on the Placement of Children;

(6) giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;

(7) offering the adopting parent the opportunity to apply for or decline adoption assistance
under chapter deleted text begin259Adeleted text endnew text begin 256Nnew text end;

(8) certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;

(9) placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and

(10) working with the adopting parent to file a petition to adopt the child and with the
court administrator to obtain a timely hearing to finalize the adoption.

Sec. 35.

Minnesota Statutes 2018, section 260C.607, subdivision 6, is amended to read:


Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section 259.41 approving the relative or foster
parent for adoption and has been a resident of Minnesota for at least six months before filing
the motion; the court may waive the residency requirement for the moving party if there is
a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement.

(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. The moving party then has the burden of proving by a preponderance of the
evidence that the agency has been unreasonable in failing to make the adoptive placement.

(e) At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the relative or the
child's foster parent is the most suitable adoptive home to meet the child's needs using the
factors in section 260C.212, subdivision 2, paragraph (b), the court may order the responsible
social services agency to make an adoptive placement in the home of the relative or the
child's foster parent.

(f) If, in order to ensure that a timely adoption may occur, the court orders the responsible
social services agency to make an adoptive placement under this subdivision, the agency
shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreement;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter deleted text begin259Adeleted text endnew text begin 256Nnew text end; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

(g) Denial or granting of a motion for an order for adoptive placement after an evidentiary
hearing is an order which may be appealed by the responsible social services agency, the
moving party, the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the child at
the time the motion was filed if the court's order has the effect of terminating the adoption
placement agreement. An appeal shall be conducted according to the requirements of the
Rules of Juvenile Protection Procedure.

Sec. 36.

Minnesota Statutes 2018, section 260C.609, is amended to read:


260C.609 SOCIAL AND MEDICAL HISTORY.

deleted text begin (a) The responsible social services agency shall work with the birth family of the child,
foster family, medical and treatment providers, and the child's school to ensure there is a
detailed, thorough, and currently up-to-date social and medical history of the child as required
under section 259.43 on the forms required by the commissioner.
deleted text end

deleted text begin (b) When the child continues in foster care, the agency's reasonable efforts to complete
the history shall begin no later than the permanency progress review hearing required under
section 260C.204 or six months after the child's placement in foster care.
deleted text end

deleted text begin (c)deleted text endnew text begin (a)new text end Thenew text begin responsible social servicesnew text end agency shall thoroughly discuss the child's history
with the deleted text beginadoptingdeleted text endnew text begin prospective adoptivenew text end parent of the child and shall give anew text begin redactednew text end copy
of the report of the child's social and medical historynew text begin, including redacted attachments,new text end to
the deleted text beginadoptingdeleted text endnew text begin prospective adoptivenew text end parentdeleted text begin.deleted text endnew text begin, pursuant to section 260C.212, subdivision 15. If
the prospective adoptive parent does not pursue adoption of the child, the prospective
adoptive parent must return the child's social and medical history, including redacted
attachments, to the agency.
new text end Anew text begin redactednew text end copy of the child's social and medical history may
also be given to the childdeleted text begin, as appropriatedeleted text endnew text begin according to section 260C.212, subdivision 1new text end.

deleted text begin (d)deleted text endnew text begin (b)new text end The report shall not include information that identifies birth relatives. Redacted
copies of all the child's relevant evaluations, assessments, and records must be attached to
the social and medical history.

new text begin (c) The agency must submit the child's social and medical history to the Department of
Human Services at the time the adoption placement agreement is submitted. Pursuant to
section 260C.623, subdivision 4, the child's social and medical history must be submitted
to the court at the time the adoption petition is filed.
new text end

Sec. 37.

Minnesota Statutes 2018, section 260C.615, is amended to read:


260C.615 DUTIES OF COMMISSIONER.

Subdivision 1.

Duties.

(a) For any child who is under the guardianship of the
commissioner, the commissioner has the exclusive rights to consent to:

(1) the medical care plan for the treatment of a child who is at imminent risk of death
or who has a chronic disease that, in a physician's judgment, will result in the child's death
in the near future including a physician's order not to resuscitate or intubate the child; and

(2) the child donating a part of the child's body to another person while the child is living;
the decision to donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.

(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty
to:

(1) process any complete and accurate request for home study and placement through
the Interstate Compact on the Placement of Children under section 260.851;

(2) process any complete and accurate application for adoption assistance forwarded by
the responsible social services agency according to chapter deleted text begin259Adeleted text endnew text begin 256Nnew text end;

(3) deleted text begincomplete the execution ofdeleted text endnew text begin review and processnew text end an adoption placement agreement
forwarded to the commissioner by the responsible social services agency and return it to
the agency in a timely fashion; and

(4) maintain records as required in chapter 259.

Subd. 2.

Duties not reserved.

All duties, obligations, and consents not specifically
reserved to the commissioner in this section are delegated to the responsible social services
agencynew text begin, subject to supervision by the commissioner as authorized under section 393.07new text end.