Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 291-H.F.No. 994 
           An act relating to children; foster care and adoption 
          placement; specifying time limits for compliance with 
          placement preferences; setting standards for changing 
          out-of-home placement; requiring notice of certain 
          adoptions; clarifying certain language; requiring 
          compliance with certain law; appropriating money; 
          amending Minnesota Statutes 1992, sections 257.071, 
          subdivisions 1, 1a, 3, and by adding subdivisions; 
          257.072, subdivision 1 and 7, and by adding a 
          subdivision; 259.255; 259.28, subdivision 2, and by 
          adding a subdivision; 259.455; 260.181, subdivision 3; 
          260.191, subdivisions 1d, 1e, 2, and by adding 
          subdivisions; 260.192; and 260.221, subdivision 1; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 257; 259; and 260. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [257.0651] [COMPLIANCE WITH INDIAN CHILD 
WELFARE ACT.] 
    Sections 257.03 to 257.075 must be construed consistently 
with the Indian Child Welfare Act of 1978, United States Code, 
title 25, sections 1901 to 1963. 
    Sec. 2.  Minnesota Statutes 1992, section 257.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PLACEMENT; PLAN.] A case plan shall be 
prepared within 30 days after any child is placed in a 
residential facility by court order or by the voluntary release 
of the child by the parent or parents.  
    For purposes of this section, a residential facility means 
any group home, family foster home or other publicly supported 
out-of-home residential facility, including any out-of-home 
residential facility under contract with the state, county or 
other political subdivision, or any agency thereof, to provide 
those services or family foster care as defined in section 
260.015, subdivision 7.  
    For the purposes of this section, a case plan means a 
written document which is ordered by the court or which is 
prepared by the social service agency responsible for the 
residential facility placement and is signed by the parent or 
parents, or other custodian, of the child, the child's legal 
guardian, the social service agency responsible for the 
residential facility placement, and, if possible, the child.  
The document shall be explained to all persons involved in its 
implementation, including the child who has signed the document, 
and shall set forth: 
              (1) The specific reasons for the placement of the child in
a residential facility, including a description of the problems 
or conditions in the home of the parent or parents which 
necessitated removal of the child from home; 
              (2) 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 (1), and the time period during 
which the actions are to be taken; 
    (3) The financial responsibilities and obligations, if any, 
of the parents for the support of the child during the period 
the child is in the residential facility; 
    (4) The visitation rights and obligations of the parent or 
parents or other relatives as defined in section 260.181, if 
such visitation is consistent with the best interest of the 
child, during the period the child is in the residential 
facility; 
    (5) The social and other supportive services to be provided 
to the parent or parents of the child, the child, and the 
residential facility during the period the child is in the 
residential facility; 
    (6) The date on which the child is expected to be returned 
to the home of the parent or parents; 
    (7) The nature of the effort to be made by the social 
service agency responsible for the placement to reunite the 
family; and 
    (8) Notice to the parent or parents that placement of the 
child in foster care may result in termination of parental 
rights but only after notice and a hearing as provided in 
chapter 260. 
    The parent or parents 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 service agency in preparation of the case plan. 
      After the plan has been agreed upon by the parties 
involved, the foster parents shall be fully informed of the 
provisions of the case plan. 
     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 such 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 the examination within 30 days of coming into the 
agency's care and once a year in subsequent years. 
    Sec. 3.  Minnesota Statutes 1992, section 257.071, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [PROTECTION OF HERITAGE OR BACKGROUND.] The 
authorized child placing agency shall ensure that the child's 
best interests are met by giving due, not sole, consideration of 
the child's race or ethnic heritage in making a family foster 
care placement.  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 following 
the preferences described in section 260.181, subdivision 3.  
    In instances where a child from a family of color is placed 
in a family foster home of a different racial or ethnic 
background, the local social service agency shall review the 
placement after 30 days and each 30 days thereafter for the 
first six months to determine if there is another available 
placement that would better satisfy the requirements of this 
subdivision. 
    Sec. 4.  Minnesota Statutes 1992, section 257.071, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [LIMIT ON MULTIPLE PLACEMENTS.] If a child has 
been placed in a residential facility pursuant to a court order 
under section 260.172 or 260.191, the social service agency 
responsible for the residential facility placement for the child 
may not change the child's placement unless the agency 
specifically documents that the current placement is unsuitable 
or another placement is in the best interests of the child.  
This subdivision does not apply if the new placement is in an 
adoptive home or other permanent placement. 
    Sec. 5.  Minnesota Statutes 1992, section 257.071, 
subdivision 3, is amended to read: 
    Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Subject to the 
provisions of subdivisions 3 and Except as provided in 
subdivision 4, if the child has been placed in a residential 
facility pursuant to a voluntary release by the parent or 
parents, and is not returned home within 12 six months after 
initial placement in the residential facility, the social 
service agency responsible for the placement shall: 
    (a) (1) return the child to the home of the parent or 
parents; or 
    (b) (2) file an appropriate petition pursuant to section 
260.131, subdivision 1, or 260.231, and if the petition is 
dismissed, petition the court within two years, pursuant to 
section 260.131, subdivision 1a, to determine if the placement 
is in the best interests of the child.  
    The case plan must be updated when a petition is filed and 
must include a specific plan for permanency. 
    Sec. 6.  Minnesota Statutes 1992, section 257.071, is 
amended by adding a subdivision to read: 
    Subd. 8.  [RULES ON REMOVAL OF CHILDREN.] The commissioner 
shall adopt rules establishing criteria for removal of children 
from their homes and return of children to their homes. 
    Sec. 7.  Minnesota Statutes 1992, section 257.072, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
authorized child placing agency shall make special efforts to 
recruit a foster family from among the child's relatives, except 
as authorized in section 260.181, subdivision 3, and among 
families of the same minority racial or minority ethnic 
heritage.  Special efforts include contacting and working with 
community organizations and religious organizations and may 
include contracting with these organizations, utilizing local 
media and other local resources, conducting outreach activities, 
and increasing the number of minority recruitment staff employed 
by the agency.  The requirement of special efforts in this 
section is satisfied if the responsible child placing agency has 
made appropriate efforts for six months following the child's 
placement in a residential facility and the court approves the 
agency's efforts pursuant to section 260.191, subdivision 3a.  
The agency may accept any gifts, grants, offers of services, and 
other contributions to use in making special recruitment efforts.
    Sec. 8.  Minnesota Statutes 1992, section 257.072, 
subdivision 7, is amended to read: 
    Subd. 7.  [DUTIES OF CHILD-PLACING AGENCIES.] Each 
authorized child-placing agency must: 
    (1) develop and follow procedures for implementing the 
order of preference prescribed by section 260.181, subdivision 
3, and the Indian Child Welfare Act, United States Code, title 
25, sections 1901 to 1923; 
    (a) In implementing the order of preference, an authorized 
child-placing agency may disclose private or confidential data, 
as defined in section 13.02, to relatives of the child for the 
purpose of locating a suitable placement.  The agency shall 
disclose only data that is necessary to facilitate implementing 
the preference.  If a parent makes an explicit request that the 
relative preference not be followed, the agency shall bring the 
matter to the attention of the court to determine whether the 
parent's request is consistent with the best interests of the 
child and the agency shall not contact relatives unless ordered 
to do so by the juvenile court; and 
    (b) In implementing the order of preference, the authorized 
child-placing agency shall develop written standards for 
determining the suitability of proposed placements.  The 
standards need not meet all requirements for foster care 
licensing, but must ensure that the safety, health, and welfare 
of the child is safeguarded.  In the case In determining the 
suitability of a proposed placement of an Indian child, the 
standards to be applied must be the prevailing social and 
cultural standards of the Indian child's community, and the 
agency shall defer to tribal judgment as to suitability of a 
particular home when the tribe has intervened pursuant to the 
Indian Child Welfare Act; 
    (2) have a written plan for recruiting minority adoptive 
and foster families.  The plan must include (a) strategies for 
using existing resources in minority communities, (b) use of 
minority outreach staff wherever possible, (c) use of minority 
foster homes for placements after birth and before adoption, and 
(d) other techniques as appropriate; 
    (3) have a written plan for training adoptive and foster 
families of minority children; 
    (4) if located in an area with a significant minority 
population, have a written plan for employing minority social 
workers in adoption and foster care.  The plan must include 
staffing goals and objectives; 
    (5) ensure that adoption and foster care workers attend 
training offered or approved by the department of human services 
regarding cultural diversity and the needs of special needs 
children; and 
    (6) develop and implement procedures for implementing the 
requirements of the Indian Child Welfare Act and the Minnesota 
Indian family preservation act. 
    Sec. 9.  Minnesota Statutes 1992, section 257.072, is 
amended by adding a subdivision to read: 
    Subd. 9.  [RULES.] The commissioner of human services shall 
adopt rules to establish standards for relative foster care 
placement, conducting relative searches, and recruiting foster 
and adoptive families of the same racial or ethnic heritage as 
the child.  
    Sec. 10.  Minnesota Statutes 1992, section 259.255, is 
amended to read: 
    259.255 [PROTECTION OF HERITAGE OR BACKGROUND.] 
    The policy of the state of Minnesota is to ensure that the 
best interests of the child are met by requiring due, not sole, 
consideration of the child's race or ethnic heritage in adoption 
placements.  For purposes of intercountry adoptions, due 
consideration is deemed to have occurred if the appropriate 
authority in the child's country of birth has approved the 
placement of the child.  
    The authorized child placing agency shall give preference, 
in the absence of good cause to the contrary, to placing the 
child with (a) a relative or relatives of the child, or, if that 
would be detrimental to the child or a relative is not 
available, (b) a family with the same racial or ethnic heritage 
as the child, or, if that is not feasible, (c) a family of 
different racial or ethnic heritage from the child which is 
knowledgeable and appreciative of the child's racial or ethnic 
heritage.  
    If the child's genetic parent or parents explicitly request 
that the preference described in clause (a) or clauses (a) and 
(b) not be followed, the authorized child placing agency shall 
honor that request consistent with the best interests of the 
child. 
    If the child's genetic parent or parents express a 
preference for placing the child in an adoptive home of the same 
or a similar religious background to that of the genetic parent 
or parents, in following the preferences in clause (a) or (b), 
the agency shall place the child with a family that also meets 
the genetic parent's religious preference.  Only if no family is 
available that is described in clause (a) or (b) may the agency 
give preference to a family described in clause (c) that meets 
the parent's religious preference.  
    Sec. 11.  [259.2565] [NOTICE REGARDING PERMANENT PLACEMENT 
OF CERTAIN CHILDREN.] 
    When a termination of parental rights order regarding a 
child becomes final, the agency with guardianship of the child 
shall give the notice provided in this section to any adult with 
whom the child is currently residing, any adult with whom the 
child has resided for one year or longer in the past, and any 
adults who have maintained a relationship or exercised 
visitation with the child as identified in the agency case plan 
for the child or demonstrated an interest in the child.  This 
notice must not be provided to a parent whose parental rights to 
the child have been terminated under section 260.221, 
subdivision 1.  The notice must state that a permanent home is 
sought for the child and that individuals receiving the notice 
may indicate to the agency their interest in providing a 
permanent home.  The agency with guardianship of the child shall 
review the child's custodial history and relationships with 
siblings, relatives, foster parents, and any other person who 
may significantly affect the child in determining an appropriate 
permanent placement. 
    Sec. 12.  Minnesota Statutes 1992, section 259.28, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROTECTION OF HERITAGE OR BACKGROUND.] The 
policy of the state of Minnesota is to ensure that the best 
interests of children are met by requiring due, not sole, 
consideration of the child's race or ethnic heritage in adoption 
placements.  For purposes of intercountry adoptions, due 
consideration is deemed to have occurred if the appropriate 
authority in the child's country of birth has approved the 
placement of the child.  
    In reviewing adoptive placement, the court shall consider 
preference, and in determining appropriate adoption, the court 
shall give preference, in the absence of good cause to the 
contrary, to (a) a relative or relatives of the child, or, if 
that would be detrimental to the child or a relative is not 
available, to (b) a family with the same racial or ethnic 
heritage as the child, or if that is not feasible, to (c) a 
family of different racial or ethnic heritage from the child 
that is knowledgeable and appreciative of the child's racial or 
ethnic heritage.  
    If the child's genetic parent or parents explicitly request 
that the preference described in clause (a) or in clauses (a) 
and (b) not be followed, the court shall honor that request 
consistent with the best interests of the child. 
    If the child's genetic parent or parents express a 
preference for placing the child in an adoptive home of the same 
or a similar religious background to that of the genetic parent 
or parents, in following the preferences in clause (a) or (b), 
the court shall place the child with a family that also meets 
the genetic parent's religious preference.  Only if no family is 
available as described in clause (a) or (b) may the court give 
preference to a family described in clause (c) that meets the 
parent's religious preference. 
    Sec. 13.  Minnesota Statutes 1992, section 259.28, is 
amended by adding a subdivision to read: 
    Subd. 3.  [COMPLIANCE WITH INDIAN CHILD WELFARE ACT.] The 
provisions of this chapter must be construed consistently with 
the Indian Child Welfare Act of 1978, United States Code, title 
25, sections 1901 to 1963. 
    Sec. 14.  Minnesota Statutes 1992, section 259.455, is 
amended to read: 
    259.455 [FAMILY RECRUITMENT.] 
    Each authorized child placing agency shall make special 
efforts to recruit an adoptive family from among the child's 
relatives, except as authorized in section 259.28, subdivision 
2, and among families of the same racial or ethnic heritage.  
Special efforts include contacting and working with community 
organizations and religious organizations and may include 
contracting with these organizations, utilizing local media and 
other local resources, and conducting outreach activities.  The 
requirement of special efforts in this section is satisfied if 
the efforts have continued for six months after the child 
becomes available for adoption or if special efforts have been 
satisfied and approved by the court pursuant to section 260.191, 
subdivision 3a.  The agency may accept any gifts, grants, offers 
of services, and other contributions to use in making special 
recruitment efforts. 
    Sec. 15.  [260.157] [COMPLIANCE WITH INDIAN CHILD WELFARE 
ACT.] 
    The provisions of this chapter must be construed 
consistently with the Indian Child Welfare Act of 1978, United 
States Code, title 25, sections 1901 to 1963. 
    Sec. 16.  Minnesota Statutes 1992, section 260.181, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROTECTION OF HERITAGE OR BACKGROUND.] The 
policy of the state is to ensure that the best interests of 
children are met by requiring due, not sole, consideration of 
the child's race or ethnic heritage in foster care placements.  
    The court, in transferring legal custody of any child or 
appointing a guardian for the child under the laws relating to 
juvenile courts, shall place the child, in the following order 
of preference, in the absence of good cause to the contrary, in 
the legal custody or guardianship of an individual who (a) is 
the child's relative, or if that would be detrimental to the 
child or a relative is not available, who (b) is of the same 
racial or ethnic heritage as the child, or if that is not 
possible, who (c) is knowledgeable and appreciative of the 
child's racial or ethnic heritage.  The court may require the 
county welfare agency to continue efforts to find a guardian of 
the child's racial or ethnic heritage when such a guardian is 
not immediately available.  For purposes of this subdivision, 
"relative" includes members of a child's extended family and 
important friends with whom the child has resided or had 
significant contact. 
    If the child's genetic parent or parents explicitly request 
that the preference described in clause (a) or in clauses (a) 
and (b) not be followed, the court shall honor that request 
consistent with the best interests of the child.  
    If the child's genetic parent or parents express a 
preference for placing the child in a foster or adoptive home of 
the same or a similar religious background to that of the 
genetic parent or parents, in following the preferences in 
clause (a) or (b), the court shall order placement of the child 
with an individual who meets the genetic parent's religious 
preference.  Only if no individual is available who is described 
in clause (a) or (b) may the court give preference to an 
individual described in clause (c) who meets the parent's 
religious preference. 
    Sec. 17.  Minnesota Statutes 1992, section 260.191, 
subdivision 1d, is amended to read: 
    Subd. 1d.  [PARENTAL VISITATION.] If the court orders that 
the child be placed outside of the child's home or present 
residence, it shall set reasonable rules for supervised or 
unsupervised parental visitation that contribute to the 
objectives of the court order and the maintenance of the 
familial relationship.  No parent may be denied visitation 
unless the court finds at the disposition hearing that the 
visitation would act to prevent the achievement of the order's 
objectives or that it would endanger the child's physical or 
emotional well-being.  The court shall set reasonable rules for 
visitation for any relatives as defined in section 260.181, 
subdivision 3, if visitation is consistent with the best 
interests of the child. 
    Sec. 18.  Minnesota Statutes 1992, section 260.191, 
subdivision 1e, is amended to read: 
    Subd. 1e.  [CASE PLAN.] For each disposition ordered, the 
court shall order the appropriate agency to prepare a written 
case plan developed after consultation with any foster parents, 
and consultation with and participation by the child and the 
child's parent, guardian, or custodian, guardian ad litem, and 
tribal representative if the tribe has intervened.  The case 
plan shall comply with the requirements of section 257.071, 
where applicable.  The case plan shall, among other matters, 
specify the actions to be taken by the child and the child's 
parent, guardian, foster parent, or custodian to comply with the 
court's disposition order, and the services to be offered and 
provided by the agency to the child and the child's parent, 
guardian, or custodian.  The court shall review the case plan 
and, upon approving it, incorporate the plan into its 
disposition order.  The court may review and modify the terms of 
the case plan in the manner provided in subdivision 2.  For each 
disposition ordered, the written case plan shall specify what 
reasonable efforts shall be provided to the family.  The case 
plan must include a discussion of: 
     (1) the availability of appropriate prevention and 
reunification services for the family to prevent the removal of 
the child from the home or to reunify the child with the family 
after removal; 
     (2) any services or resources that were requested by the 
child or the child's parent, guardian, foster parent, or 
custodian since the date of initial adjudication, and whether 
those services or resources were provided or the basis for 
denial of the services or resources; 
    (3) the need of the child and family for care, treatment, 
or rehabilitation; 
    (4) the need for participation by the parent, guardian, or 
custodian in the plan of care for the child; 
    (5) the visitation rights and obligations of the parent or 
other relatives, as defined in section 260.181, subdivision 3, 
during any period when the child is placed outside the home; and 
    (6) a description of any services that could prevent 
placement or reunify the family if such services were available. 
    A party has a right to request a court review of the 
reasonableness of the case plan upon a showing of a substantial 
change of circumstances. 
    Sec. 19.  Minnesota Statutes 1992, section 260.191, 
subdivision 2, is amended to read: 
    Subd. 2.  [ORDER DURATION.] Subject to subdivisions 3a and 
3b, all orders under this section shall be for a specified 
length of time set by the court not to exceed one year.  
However, before the order has expired and upon its own motion or 
that of any interested party, the court shall, after notice to 
the parties and a hearing, renew the order for another year or 
make some other disposition of the case, until the individual is 
no longer a minor.  Any person to whom legal custody is 
transferred shall report to the court in writing at such periods 
as the court may direct. 
    Sec. 20.  Minnesota Statutes 1992, section 260.191, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] If the 
court places a child in a residential facility, the court shall 
review the out-of-home placement at least every six months to 
determine whether continued out-of-home placement is necessary 
and appropriate or whether the child should be returned home.  
The court shall review agency efforts pursuant to section 
257.072, subdivision 1, and order that the efforts continue if 
the agency has failed to perform the duties under that section.  
The court shall review the case plan and may modify the case 
plan as provided under subdivisions 1e and 2.  If the court 
orders continued out-of-home placement, the court shall notify 
the parents of the provisions of subdivision 3b. 
    Sec. 21.  Minnesota Statutes 1992, section 260.191, is 
amended by adding a subdivision to read: 
    Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
PLACEMENT DETERMINATION.] (a) If the court places a child in a 
residential facility, the court shall conduct a hearing to 
determine the permanent status of the child not later than 12 
months after the child was placed out of the home of the 
parent.  Not later than 30 days prior to this hearing the 
responsible social service agency shall file pleadings to 
establish the basis for the permanent placement determination.  
Notice of the hearing and copies of the pleadings must be 
provided pursuant to sections 260.135 and 260.141.  If a 
termination of parental rights petition is filed before the date 
required for the permanency planning determination, no hearing 
need be conducted under this section.  The court shall determine 
whether the child is to be returned home or, if not, what 
permanent placement is consistent with the child's best 
interests.  The "best interests of the child" means all relevant 
factors to be considered and evaluated. 
    If the child is not returned to the home, the dispositions 
available for permanent placement determination are permanent 
legal and physical custody to a relative, adoption, or permanent 
foster care.  The court may order a child into permanent foster 
care only if it finds that neither an award of legal and 
physical custody to a relative, termination of parental rights, 
nor adoption is in the child's best interests.  
    (b) The court may extend the time period for determination 
of permanent placement to 18 months after the child was placed 
in a residential facility if: 
    (1) there is a substantial probability that the child will 
be returned home within the next six months; 
    (2) the agency has not made reasonable, or, in the case of 
an Indian child, active efforts, to correct the conditions that 
form the basis of the out-of-home placement; or 
    (3) extraordinary circumstances exist precluding a 
permanent placement determination, in which case the court shall 
make written findings documenting the extraordinary 
circumstances and order one subsequent review after six months 
to determine permanent placement. 
    (c) If the court determines that an adoptive placement is 
in the best interests of the child, the social service agency 
shall file a petition for termination of parental rights under 
section 260.231.  Nothing in this subdivision waives the 
requirements of sections 260.221 to 260.245 with respect to 
termination of parental rights. 
    (d) In ordering a permanent placement of a child, the court 
must be governed by the best interests of the child, including a 
review of the relationship between the child and relatives and 
the child and other important persons with whom the child has 
resided or had significant contact. 
    (e) Once a permanent placement determination has been made 
and permanent placement has been established, further reviews 
are only necessary if otherwise required by federal law, an 
adoption has not yet been finalized, or there is a disruption of 
the permanent placement.  These reviews must take place no less 
frequently than every six months. 
    (f) An order under this subdivision must include the 
following detailed findings: 
    (1) how the child's best interests are served by the order; 
    (2) the nature and extent of the responsible social service 
agency's reasonable efforts, or, in the case of an Indian child, 
active efforts, to reunify the child with the parent or parents; 
    (3) the parent's or parents' efforts and ability to use 
services to correct the conditions which led to the out-of-home 
placement; 
    (4) whether the conditions which led to the out-of-home 
placement have been corrected so that the child can return home; 
and 
    (5) if the child cannot be returned home, whether there is 
a substantial probability of the child being able to return home 
in the next six months.  
    If the court orders the child placed in permanent foster 
care, the court shall make findings that neither an award of 
legal and physical custody to a relative, termination of 
parental rights, nor adoption is in the child's best interests. 
    A court finding that extraordinary circumstances exist 
precluding a permanent placement determination must be supported 
by detailed factual findings regarding those circumstances. 
    Sec. 22.  Minnesota Statutes 1992, section 260.192, is 
amended to read: 
    260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
    Upon a petition for review of the foster care status of a 
child, the court may:  
    (a) In the case of a petition required to be filed under 
section 257.071, subdivision 3, find that the child's needs are 
being met and, that the child's placement in foster care is in 
the best interests of the child and that the child will be 
returned home in the next six months, in which case the court 
shall approve the voluntary arrangement and continue the matter 
for six months to assure the child returns to the parent's 
home.  The court shall order the social service agency 
responsible for the placement to bring a petition pursuant to 
either section 260.131, subdivision 1 or section 260.131, 
subdivision 1a, as appropriate, within two years if court review 
was pursuant to section 257.071, subdivision 3 or 4, or within 
one year if court review was pursuant to section 257.071, 
subdivision 2.  
    (b) In the case of a petition required to be filed under 
section 257.071, subdivision 4, find that the child's needs are 
being met and that the child's placement in foster care is in 
the best interests of the child, in which case the court shall 
approve the voluntary arrangement.  The court shall order the 
social service agency responsible for the placement to bring a 
petition under section 260.131, subdivision 1 or 1a, as 
appropriate, within two years. 
    (c) Find that the child's needs are not being met, in which 
case the court shall order the social service agency or the 
parents to take whatever action is necessary and feasible to 
meet the child's needs, including, when appropriate, the 
provision by the social service agency of services to the 
parents which would enable the child to live at home, and shall 
order an administrative review of the case again within six 
months and a review by the court within one year order a 
disposition under section 260.191. 
    (c) (d) Find that the child has been abandoned by parents 
financially or emotionally, or that the developmentally disabled 
child does not require out-of-home care because of the 
handicapping condition, in which case the court shall order the 
social service agency to file an appropriate petition pursuant 
to sections 260.131, subdivision 1, or 260.231. 
    Nothing in this section shall be construed to prohibit 
bringing a petition pursuant to section 260.131, subdivision 1 
or 2, sooner than required by court order pursuant to this 
section. 
    Sec. 23.  Minnesota Statutes 1992, section 260.221, 
subdivision 1, is amended to read: 
    Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
court may upon petition, terminate all rights of a parent to a 
child in the following cases: 
    (a) With the written consent of a parent who for good cause 
desires to terminate parental rights; or 
    (b) If it finds that one or more of the following 
conditions exist: 
    (1) That the parent has abandoned the child.  Abandonment 
is presumed when: 
    (i) the parent has had no contact or merely incidental 
contact with the child on a regular basis and no demonstrated, 
consistent interest in the child's well-being for six months in 
the case of a child under six years of age, or for 12 months in 
the case of a child ages six to 11; and 
    (ii) the social service agency has made reasonable efforts 
to facilitate contact, unless the parent establishes that an 
extreme financial or physical hardship or treatment for mental 
disability or chemical dependency or other good cause prevented 
the parent from making contact with the child.  This presumption 
does not apply to children whose custody has been determined 
under chapter 257 or 518.  The court is not prohibited from 
finding abandonment in the absence of this presumption; or 
    (2) That the parent has substantially, continuously, or 
repeatedly refused or neglected to comply with the duties 
imposed upon that parent by the parent and child relationship, 
including but not limited to providing the child with necessary 
food, clothing, shelter, education, and other care and control 
necessary for the child's physical, mental, or emotional health 
and development, if the parent is physically and financially 
able, and reasonable efforts by the social service agency have 
failed to correct the conditions that formed the basis of the 
petition; or 
     (3) That a parent has been ordered to contribute to the 
support of the child or financially aid in the child's birth and 
has continuously failed to do so without good cause.  This 
clause shall not be construed to state a grounds for termination 
of parental rights of a noncustodial parent if that parent has 
not been ordered to or cannot financially contribute to the 
support of the child or aid in the child's birth; or 
     (4) That a parent is palpably unfit to be a party to the 
parent and child relationship because of a consistent pattern of 
specific conduct before the child or of specific conditions 
directly relating to the parent and child relationship either of 
which are determined by the court to be of a duration or nature 
that renders the parent unable, for the reasonably foreseeable 
future, to care appropriately for the ongoing physical, mental, 
or emotional needs of the child.  It is presumed that a parent 
is palpably unfit to be a party to the parent and child 
relationship upon a showing that: 
      (i) the child was adjudicated in need of protection or 
services due to circumstances described in section 260.015, 
subdivision 2a, clause (1), (2), (3), (5), or (8); and 
     (ii) within the three-year period immediately prior to that 
adjudication, the parent's parental rights to one or more other 
children were involuntarily terminated under clause (1), (2), 
(4), or (7) of this paragraph, or under clause (5) of this 
paragraph if the child was initially determined to be in need of 
protection or services due to circumstances described in section 
260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); or 
     (5) That following upon a determination of neglect or 
dependency, or of a child's need for protection or services, 
reasonable efforts, under the direction of the court, have 
failed to correct the conditions leading to the determination.  
It is presumed that reasonable efforts under this clause have 
failed upon a showing that: 
     (i) a child under the age of 12 has resided out of the 
parental home under court order for more than one year following 
an adjudication of dependency, neglect, need for protection or 
services under section 260.015, subdivision 2a, clause (1), (2), 
(6), (8), or (9), or neglected and in foster care, and an order 
for disposition under section 260.191, including adoption of the 
case plan required by section 257.071; 
     (ii) conditions leading to the determination will not be 
corrected within the reasonably foreseeable future; and 
     (iii) reasonable efforts have been made by the social 
service agency to rehabilitate the parent and reunite the family.
     This clause does not prohibit the termination of parental 
rights prior to one year after a child has been placed out of 
the home.  
     It is also presumed that reasonable efforts have failed 
under this clause upon a showing that: 
     (i) the parent has been diagnosed as chemically dependent 
by a professional certified to make the diagnosis; 
     (ii) the parent has been required by a case plan to 
participate in a chemical dependency treatment program; 
     (iii) the treatment programs offered to the parent were 
culturally, linguistically, and clinically appropriate; 
    (iv) the parent has either failed two or more times to 
successfully complete a treatment program or has refused at two 
or more separate meetings with a caseworker to participate in a 
treatment program; and 
    (v) the parent continues to abuse chemicals.  
Provided, that this presumption applies only to parents required 
by a case plan to participate in a chemical dependency treatment 
program on or after July 1, 1990; or 
    (6) That the parent has been convicted of causing the death 
of another of the parent's children; or 
    (7) That in the case of a child born to a mother who was 
not married to the child's father when the child was conceived 
nor when the child was born the person is not entitled to notice 
of an adoption hearing under section 259.26 and either the 
person has not filed a notice of intent to retain parental 
rights under section 259.261 or that the notice has been 
successfully challenged; or 
    (8) That the child is neglected and in foster care. 
In an action involving an American Indian child, sections 257.35 
to 257.3579 and the Indian Child Welfare Act, United States 
Code, title 25, sections 1901 to 1923, control to the extent 
that the provisions of this section are inconsistent with those 
laws. 
    Sec. 24.  [REPORT.] 
    The commissioner of human services shall prepare a report 
for the legislature which includes a comprehensive plan to 
ensure compliance by county social services departments with the 
foster care and adoption placement statutes and rules.  The 
report must include an analysis of possible financial incentives 
and sanctions for county compliance and also address the 
feasibility of providing timely hearings for families affected 
by the foster care and adoption rules and statutes in the 
administrative process.  The report is due by February 15, 1994. 
    Sec. 25.  [APPROPRIATION.] 
    $135,000 is appropriated from the general fund to the 
commissioner of human services to implement this act.  $73,000 
is for fiscal year 1994 and $62,000 is for fiscal year 1995. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 19, 1993, 3:46 p.m.