Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 406-H.F.No. 2985
An act relating to children; providing for child
welfare reform; restricting release of certain
information; establishing citizen review panels;
clarifying jurisdiction; establishing programs for
concurrent planning for permanent placement; defining
terms; imposing duties; expanding certain case plans;
providing for consideration of domestic abuse in child
protection risk assessments; authorizing rulemaking;
providing for sharing of certain data; changing
records retention requirements; requiring review and
audits; requiring task forces and a plan; amending
Minnesota Statutes 1996, sections 144.226, subdivision
3; 245A.035, subdivision 4; 256.01, subdivision 12,
and by adding a subdivision; 257.42; 257.43; 259.24,
subdivision 1; 259.37, subdivision 2; 259.67,
subdivision 1; 260.011, subdivision 2; 260.141, by
adding a subdivision; 260.172, subdivision 1; 260.191,
subdivision 1e; 260.221, as amended; and 626.556,
subdivision 10, and by adding subdivisions; Minnesota
Statutes 1997 Supplement, sections 144.218,
subdivision 2; 144.226, subdivision 4; 245A.03,
subdivision 2; 245A.04, subdivisions 3b and 3d;
256.82, subdivision 2; 256F.05, subdivision 8;
257.071, subdivision 1d; 257.85, subdivisions 3 and 5;
259.22, subdivision 4; 259.47, subdivision 3; 259.58;
259.60, subdivision 2; 260.012; 260.015, subdivisions
2a and 29; 260.161, subdivision 2; 260.191,
subdivisions 1, 1a, 3a, and 3b; 260.241, subdivision
3; and 626.556, subdivisions 10e and 11c; proposing
coding for new law in Minnesota Statutes, chapter 257.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ADOPTION AND SAFE FAMILIES
Section 1. Minnesota Statutes 1997 Supplement, section
144.218, subdivision 2, is amended to read:
Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for
the adoption of a person who was born in a foreign country, the
court, upon evidence presented by the commissioner of human
services from information secured at the port of entry, or upon
evidence from other reliable sources, may make findings of fact
as to the date and place of birth and parentage. Upon receipt
of certified copies of the court findings and the order or
decree of adoption or a certified copy of a decree issued under
section 259.60, the state registrar shall register a birth
certificate in the new name of the adopted person. The
certified copies of the court findings and the order or, decree
of adoption, or decree issued under section 259.60 are
confidential, pursuant to section 13.02, subdivision 3, and
shall not be disclosed except pursuant to court order or section
144.1761. The birth certificate shall state the place of birth
as specifically as possible, and that the certificate is not
evidence of United States citizenship.
Sec. 2. Minnesota Statutes 1996, section 144.226,
subdivision 3, is amended to read:
Subd. 3. [BIRTH CERTIFICATE COPY SURCHARGE.] In addition
to any fee prescribed under subdivision 1, there shall be a
surcharge of $3 for each certified copy of a birth certificate,
and for a certification that the record cannot be found. The
local or state registrar shall forward this amount to the
commissioner of finance for deposit into the account for the
children's trust fund for the prevention of child abuse
established under section 119A.12. This surcharge shall not be
charged under those circumstances in which no fee for a
certified copy of a birth certificate is permitted under
subdivision 1, paragraph (a). Upon certification by the
commissioner of finance that the assets in that fund exceed
$20,000,000, this surcharge shall be discontinued.
Sec. 3. Minnesota Statutes 1997 Supplement, section
144.226, subdivision 4, is amended to read:
Subd. 4. [VITAL RECORDS SURCHARGE.] In addition to any fee
prescribed under subdivision 1, there is a nonrefundable
surcharge of $3 for each certified and noncertified birth or
death record, and for a certification that the record cannot be
found. The local or state registrar shall forward this amount
to the state treasurer to be deposited into the state government
special revenue fund. This surcharge shall not be charged under
those circumstances in which no fee for a birth or death record
is permitted under subdivision 1, paragraph (a). This surcharge
requirement expires June 30, 2002.
Sec. 4. Minnesota Statutes 1997 Supplement, section
245A.03, subdivision 2, is amended to read:
Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to
245A.16 do not apply to:
(1) residential or nonresidential programs that are
provided to a person by an individual who is related unless the
residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency,
except as provided in subdivision 2a;
(2) nonresidential programs that are provided by an
unrelated individual to persons from a single related family;
(3) residential or nonresidential programs that are
provided to adults who do not abuse chemicals or who do not have
a chemical dependency, a mental illness, mental retardation or a
related condition, a functional impairment, or a physical
handicap;
(4) sheltered workshops or work activity programs that are
certified by the commissioner of economic security;
(5) programs for children enrolled in kindergarten to the
12th grade and prekindergarten special education in a school as
defined in section 120.101, subdivision 4, and programs serving
children in combined special education and regular
prekindergarten programs that are operated or assisted by the
commissioner of children, families, and learning;
(6) nonresidential programs primarily for children that
provide care or supervision, without charge for ten or fewer
days a year, and for periods of less than three hours a day
while the child's parent or legal guardian is in the same
building as the nonresidential program or present within another
building that is directly contiguous to the building in which
the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner
of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner
of health that provide services for five or more persons whose
primary diagnosis is mental illness who have refused an
appropriate residential program offered by a county agency.
This exclusion expires on July 1, 1990;
(9) homes providing programs for persons placed there by a
licensed agency for legal adoption, unless the adoption is not
completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that
operate for fewer than 40 calendar days in a calendar year or
programs operated by a park and recreation board of a city of
the first class whose primary purpose is to provide social and
recreational activities to school age children, provided the
program is approved by the park and recreation board;
(12) programs operated by a school as defined in section
120.101, subdivision 4, whose primary purpose is to provide
child care to school-age children, provided the program is
approved by the district's school board;
(13) Head Start nonresidential programs which operate for
less than 31 days in each calendar year;
(14) noncertified boarding care homes unless they provide
services for five or more persons whose primary diagnosis is
mental illness or mental retardation;
(15) nonresidential programs for nonhandicapped children
provided for a cumulative total of less than 30 days in any
12-month period;
(16) residential programs for persons with mental illness,
that are located in hospitals, until the commissioner adopts
appropriate rules;
(17) the religious instruction of school-age children;
Sabbath or Sunday schools; or the congregate care of children by
a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its
regular worship;
(18) camps licensed by the commissioner of health under
Minnesota Rules, chapter 4630;
(19) mental health outpatient services for adults with
mental illness or children with emotional disturbance;
(20) residential programs serving school-age children whose
sole purpose is cultural or educational exchange, until the
commissioner adopts appropriate rules;
(21) unrelated individuals who provide out-of-home respite
care services to persons with mental retardation or related
conditions from a single related family for no more than 90 days
in a 12-month period and the respite care services are for the
temporary relief of the person's family or legal representative;
(22) respite care services provided as a home and
community-based service to a person with mental retardation or a
related condition, in the person's primary residence;
(23) community support services programs as defined in
section 245.462, subdivision 6, and family community support
services as defined in section 245.4871, subdivision 17;
(24) the placement of a child by a birth parent or legal
guardian in a preadoptive home for purposes of adoption as
authorized by section 259.47; or
(25) settings registered under chapter 144D which provide
home care services licensed by the commissioner of health to
fewer than seven adults.
For purposes of clause (6), a building is directly
contiguous to a building in which a nonresidential program is
located if it shares a common wall with the building in which
the nonresidential program is located or is attached to that
building by skyway, tunnel, atrium, or common roof.
Sec. 5. Minnesota Statutes 1996, section 245A.035,
subdivision 4, is amended to read:
Subd. 4. [APPLICANT STUDY.] When the county agency has
received the information required by section 245A.04,
subdivision 3, paragraph (b), the county agency shall begin an
applicant study according to the procedures in section 245A.04,
subdivision 3. The commissioner may issue an emergency license
upon recommendation of the county agency once the initial
inspection has been successfully completed and the information
necessary to begin the applicant background study has been
provided. If the county agency does not recommend that the
emergency license be granted, the agency shall notify the
relative in writing that the agency is recommending denial to
the commissioner; shall remove any child who has been placed in
the home prior to licensure; and shall inform the relative in
writing of the procedure to request review pursuant to
subdivision 6. An emergency license shall be effective until a
child foster care license is granted or denied, but shall in no
case remain in effect more than 90 120 days from the date of
placement.
Sec. 6. Minnesota Statutes 1997 Supplement, section
245A.04, subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The
individual who is the subject of the disqualification may
request a reconsideration of the disqualification.
The individual must submit the request for reconsideration
to the commissioner in writing. A request for reconsideration
for an individual who has been sent a notice of disqualification
under subdivision 3a, paragraph (b), clause (1) or (2), must be
submitted within 30 calendar days of the disqualified
individual's receipt of the notice of disqualification. A
request for reconsideration for an individual who has been sent
a notice of disqualification under subdivision 3a, paragraph
(b), clause (3), must be submitted within 15 calendar days of
the disqualified individual's receipt of the notice of
disqualification. Removal of a disqualified individual from
direct contact shall be ordered if the individual does not
request reconsideration within the prescribed time, and for an
individual who submits a timely request for reconsideration, if
the disqualification is not set aside. The individual must
present information showing that:
(1) the information the commissioner relied upon is
incorrect or inaccurate. If the basis of a reconsideration
request is that a maltreatment determination or disposition
under section 626.556 or 626.557 is incorrect, and the
commissioner has issued a final order in an appeal of that
determination or disposition under section 256.045, the
commissioner's order is conclusive on the issue of maltreatment;
or
(2) the subject of the study does not pose a risk of harm
to any person served by the applicant or license holder.
(b) The commissioner may set aside the disqualification
under this section if the commissioner finds that the
information the commissioner relied upon is incorrect or the
individual does not pose a risk of harm to any person served by
the applicant or license holder. In determining that an
individual does not pose a risk of harm, the commissioner shall
consider the consequences of the event or events that lead to
disqualification, whether there is more than one disqualifying
event, the vulnerability of the victim at the time of the event,
the time elapsed without a repeat of the same or similar event,
documentation of successful completion by the individual studied
of training or rehabilitation pertinent to the event, and any
other information relevant to reconsideration. In reviewing a
disqualification under this section, the commissioner shall give
preeminent weight to the safety of each person to be served by
the license holder or applicant over the interests of the
license holder or applicant.
(c) Unless the information the commissioner relied on in
disqualifying an individual is incorrect, the commissioner may
not set aside the disqualification of an individual in
connection with a license to provide family day care for
children, foster care for children in the provider's own home,
or foster care or day care services for adults in the provider's
own home if:
(1) less than ten years have passed since the discharge of
the sentence imposed for the offense; and the individual has
been convicted of a violation of any offense listed in sections
609.20 (manslaughter in the first degree), 609.205 (manslaughter
in the second degree), criminal vehicular homicide under 609.21
(criminal vehicular homicide and injury), 609.215 (aiding
suicide or aiding attempted suicide), felony violations under
609.221 to 609.2231 (assault in the first, second, third, or
fourth degree), 609.713 (terroristic threats), 609.235 (use of
drugs to injure or to facilitate crime), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
609.255 (false imprisonment), 609.561 or 609.562 (arson in the
first or second degree), 609.71 (riot), burglary in the first or
second degree under 609.582 (burglary), 609.66 (dangerous
weapon), 609.665 (spring guns), 609.67 (machine guns and
short-barreled shotguns), 609.749 (harassment; stalking),
152.021 or 152.022 (controlled substance crime in the first or
second degree), 152.023, subdivision 1, clause (3) or (4), or
subdivision 2, clause (4) (controlled substance crime in the
third degree), 152.024, subdivision 1, clause (2), (3), or (4)
(controlled substance crime in the fourth degree), 609.224,
subdivision 2, paragraph (c) (fifth-degree assault by a
caregiver against a vulnerable adult), 609.228 (great bodily
harm caused by distribution of drugs), 609.23 (mistreatment of
persons confined), 609.231 (mistreatment of residents or
patients), 609.2325 (criminal abuse of a vulnerable adult),
609.233 (criminal neglect of a vulnerable adult), 609.2335
(financial exploitation of a vulnerable adult), 609.234 (failure
to report), 609.265 (abduction), 609.2664 to 609.2665
(manslaughter of an unborn child in the first or second degree),
609.267 to 609.2672 (assault of an unborn child in the first,
second, or third degree), 609.268 (injury or death of an unborn
child in the commission of a crime), 617.293 (disseminating or
displaying harmful material to minors), 609.378 (neglect or
endangerment of a child), a gross misdemeanor offense under
609.377 (malicious punishment of a child), 609.72, subdivision 3
(disorderly conduct against a vulnerable adult); or an attempt
or conspiracy to commit any of these offenses, as each of these
offenses is defined in Minnesota Statutes; or an offense in any
other state, the elements of which are substantially similar to
the elements of any of the foregoing offenses;
(2) regardless of how much time has passed since the
discharge of the sentence imposed for the offense, the
individual was convicted of a violation of any offense listed in
sections 609.185 to 609.195 (murder in the first, second, or
third degree), 609.2661 to 609.2663 (murder of an unborn child
in the first, second, or third degree), a felony offense under
609.377 (malicious punishment of a child), 609.322
(solicitation, inducement, and promotion of prostitution),
609.323 (receiving profit derived from prostitution), 609.342 to
609.345 (criminal sexual conduct in the first, second, third, or
fourth degree), 609.352 (solicitation of children to engage in
sexual conduct), 617.246 (use of minors in a sexual
performance), 617.247 (possession of pictorial representations
of a minor), 609.365 (incest), a felony offense under sections
609.2242 and 609.2243 (domestic assault), a felony offense of
spousal abuse, a felony offense of child abuse or neglect, a
felony offense of a crime against children, or an attempt or
conspiracy to commit any of these offenses as defined in
Minnesota Statutes, or an offense in any other state, the
elements of which are substantially similar to any of the
foregoing offenses;
(3) within the seven years preceding the study, the
individual committed an act that constitutes maltreatment of a
child under section 626.556, subdivision 10e, and that resulted
in substantial bodily harm as defined in section 609.02,
subdivision 7a, or substantial mental or emotional harm as
supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the
individual was determined under section 626.557 to be the
perpetrator of a substantiated incident of maltreatment of a
vulnerable adult that resulted in substantial bodily harm as
defined in section 609.02, subdivision 7a, or substantial mental
or emotional harm as supported by competent psychological or
psychiatric evidence.
In the case of any ground for disqualification under
clauses (1) to (4), if the act was committed by an individual
other than the applicant or license holder residing in the
applicant's or license holder's home, the applicant or license
holder may seek reconsideration when the individual who
committed the act no longer resides in the home.
The disqualification periods provided under clauses (1),
(3), and (4) are the minimum applicable disqualification
periods. The commissioner may determine that an individual
should continue to be disqualified from licensure because the
license holder or applicant poses a risk of harm to a person
served by that individual after the minimum disqualification
period has passed.
(d) The commissioner shall respond in writing or by
electronic transmission to all reconsideration requests for
which the basis for the request is that the information relied
upon by the commissioner to disqualify is incorrect or
inaccurate within 30 working days of receipt of a request and
all relevant information. If the basis for the request is that
the individual does not pose a risk of harm, the commissioner
shall respond to the request within 15 working days after
receiving the request for reconsideration and all relevant
information. If the disqualification is set aside, the
commissioner shall notify the applicant or license holder in
writing or by electronic transmission of the decision.
(e) Except as provided in subdivision 3c, the
commissioner's decision to disqualify an individual, including
the decision to grant or deny a rescission or set aside a
disqualification under this section, is the final administrative
agency action and shall not be subject to further review in a
contested case under chapter 14 involving a negative licensing
appeal taken in response to the disqualification or involving an
accuracy and completeness appeal under section 13.04.
Sec. 7. Minnesota Statutes 1997 Supplement, section
245A.04, subdivision 3d, is amended to read:
Subd. 3d. [DISQUALIFICATION.] When a background study
completed under subdivision 3 shows any of the following: a
conviction of one or more crimes listed in clauses (1) to (4);
the individual has admitted to or a preponderance of the
evidence indicates the individual has committed an act or acts
that meet the definition of any of the crimes listed in clauses
(1) to (4); or an administrative determination listed under
clause (4), the individual shall be disqualified from any
position allowing direct contact with persons receiving services
from the license holder:
(1) regardless of how much time has passed since the
discharge of the sentence imposed for the offense, and unless
otherwise specified, regardless of the level of the conviction,
the individual was convicted of any of the following offenses:
sections 609.185 (murder in the first degree); 609.19 (murder in
the second degree); 609.195 (murder in the third degree);
609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree);
609.2663 (murder of an unborn child in the third degree);
609.322 (solicitation, inducement, and promotion of
prostitution); 609.323 (receiving profit derived from
prostitution); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345
(criminal sexual conduct in the fourth degree); 609.352
(solicitation of children to engage in sexual conduct); 609.365
(incest); felony offense under 609.377 (malicious punishment of
a child); 617.246 (use of minors in sexual performance
prohibited); 617.247 (possession of pictorial representations of
minors); a felony offense under sections 609.2242 and 609.2243
(domestic assault), a felony offense of spousal abuse, a felony
offense of child abuse or neglect, a felony offense of a crime
against children; or attempt or conspiracy to commit any of
these offenses as defined in Minnesota Statutes, or an offense
in any other state or country, where the elements are
substantially similar to any of the offenses listed in this
clause;
(2) if less than 15 years have passed since the discharge
of the sentence imposed for the offense; and the individual has
received a felony conviction for a violation of any of these
offenses: sections 609.20 (manslaughter in the first degree);
609.205 (manslaughter in the second degree); 609.21 (criminal
vehicular homicide and injury); 609.215 (suicide); 609.221 to
609.2231 (assault in the first, second, third, or fourth
degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.2242 and 609.2243 (domestic assault; sentencing;
repeat domestic assault); repeat offenses under 609.3451
(criminal sexual conduct in the fifth degree); 609.713
(terroristic threats); 609.235 (use of drugs to injure or
facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment);
609.561 (arson in the first degree); 609.562 (arson in the
second degree); 609.563 (arson in the third degree); repeat
offenses under 617.23 (indecent exposure; penalties); repeat
offenses under 617.241 (obscene materials and performances;
distribution and exhibition prohibited; penalty); 609.71 (riot);
609.66 (dangerous weapons); 609.67 (machine guns and
short-barreled shotguns); 609.749 (harassment; stalking;
penalties); 609.228 (great bodily harm caused by distribution of
drugs); 609.2325 (criminal abuse of a vulnerable adult);
609.2664 (manslaughter of an unborn child in the first degree);
609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree);
609.2671 (assault of an unborn child in the second degree);
609.268 (injury or death of an unborn child in the commission of
a crime); 609.378 (neglect or endangerment of a child); 609.324,
subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335
(financial exploitation of a vulnerable adult); 609.521
(possession of shoplifting gear); 609.582 (burglary); 609.625
(aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
offering a forged check); 609.635 (obtaining signature by false
pretense); 609.27 (coercion); 609.275 (attempt to coerce);
609.687 (adulteration); 260.221 (grounds for termination of
parental rights); and chapter 152 (drugs; controlled
substance). An attempt or conspiracy to commit any of these
offenses, as each of these offenses is defined in Minnesota
Statutes; or an offense in any other state or country, the
elements of which are substantially similar to the elements of
the offenses in this clause. If the individual studied is
convicted of one of the felonies listed in this clause, but the
sentence is a gross misdemeanor or misdemeanor disposition, the
look-back period for the conviction is the period applicable to
the disposition, that is the period for gross misdemeanors or
misdemeanors;
(3) if less than ten years have passed since the discharge
of the sentence imposed for the offense; and the individual has
received a gross misdemeanor conviction for a violation of any
of the following offenses: sections 609.224 (assault in the
fifth degree); 609.2242 and 609.2243 (domestic assault);
violation of an order for protection under 518B.01, subdivision
14; 609.3451 (criminal sexual conduct in the fifth degree);
repeat offenses under 609.746 (interference with privacy);
repeat offenses under 617.23 (indecent exposure); 617.241
(obscene materials and performances); 617.243 (indecent
literature, distribution); 617.293 (harmful materials;
dissemination and display to minors prohibited); 609.71 (riot);
609.66 (dangerous weapons); 609.749 (harassment; stalking;
penalties); 609.224, subdivision 2, paragraph (c) (assault in
the fifth degree by a caregiver against a vulnerable adult);
609.23 (mistreatment of persons confined); 609.231 (mistreatment
of residents or patients); 609.2325 (criminal abuse of a
vulnerable adult); 609.233 (criminal neglect of a vulnerable
adult); 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report maltreatment of a vulnerable adult);
609.72, subdivision 3 (disorderly conduct against a vulnerable
adult); 609.265 (abduction); 609.378 (neglect or endangerment of
a child); 609.377 (malicious punishment of a child); 609.324,
subdivision 1a (other prohibited acts; minor engaged in
prostitution); 609.33 (disorderly house); 609.52 (theft);
609.582 (burglary); 609.631 (check forgery; offering a forged
check); 609.275 (attempt to coerce); or an attempt or conspiracy
to commit any of these offenses, as each of these offenses is
defined in Minnesota Statutes; or an offense in any other state
or country, the elements of which are substantially similar to
the elements of any of the offenses listed in this clause. If
the defendant is convicted of one of the gross misdemeanors
listed in this clause, but the sentence is a misdemeanor
disposition, the look-back period for the conviction is the
period applicable to misdemeanors;
(4) if less than seven years have passed since the
discharge of the sentence imposed for the offense; and the
individual has received a misdemeanor conviction for a violation
of any of the following offenses: sections 609.224 (assault in
the fifth degree); 609.2242 (domestic assault); violation of an
order for protection under 518B.01 (Domestic Abuse Act);
violation of an order for protection under 609.3232 (protective
order authorized; procedures; penalties); 609.746 (interference
with privacy); 609.79 (obscene or harassing phone calls);
609.795 (letter, telegram, or package; opening; harassment);
617.23 (indecent exposure; penalties); 609.2672 (assault of an
unborn child in the third degree); 617.293 (harmful materials;
dissemination and display to minors prohibited); 609.66
(dangerous weapons); 609.665 (spring guns); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.52 (theft); 609.27
(coercion); or an attempt or conspiracy to commit any of these
offenses, as each of these offenses is defined in Minnesota
Statutes; or an offense in any other state or country, the
elements of which are substantially similar to the elements of
any of the offenses listed in this clause; failure to make
required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (i) the final
disposition under section 626.556 or 626.557 was substantiated
maltreatment, and (ii) the maltreatment was recurring or
serious; or substantiated serious or recurring maltreatment of a
minor under section 626.556 or of a vulnerable adult under
section 626.557 for which there is a preponderance of evidence
that the maltreatment occurred, and that the subject was
responsible for the maltreatment. For the purposes of this
section, serious maltreatment means sexual abuse; maltreatment
resulting in death; or maltreatment resulting in serious injury
or harm which reasonably requires the care of a physician
whether or not the care of a physician was sought, including:;
or abuse resulting in serious injury. For purposes of this
section, abuse resulting in serious injury means: bruises,
bites, skin laceration or tissue damage; fractures;
dislocations; evidence of internal injuries; head injuries with
loss of consciousness; extensive second-degree or third-degree
burns and other burns for which complications are
present; extensive second-degree or third-degree frostbite, and
others for which complications are present; irreversible
mobility or avulsion of teeth; injuries to the eyeball;
ingestion of foreign substances and objects that are harmful;
near drowning; and heat exhaustion or sunstroke. For purposes
of this section, "care of a physician" is treatment received or
ordered by a physician, but does not include diagnostic testing,
assessment, or observation. For the purposes of this section,
recurring maltreatment means more than one incident of
maltreatment for which there is a preponderance of evidence that
the maltreatment occurred, and that the subject was responsible
for the maltreatment.
Sec. 8. Minnesota Statutes 1996, section 256.01,
subdivision 12, is amended to read:
Subd. 12. [CHILD MORTALITY REVIEW PANEL.] (a) The
commissioner shall establish a child mortality review panel for
reviewing to review deaths of children in Minnesota, including
deaths attributed to maltreatment or in which maltreatment may
be a contributing cause and to review near fatalities as defined
in section 626.556, subdivision 11d. The commissioners of
health, children, families, and learning, and public safety and
the attorney general shall each designate a representative to
the child mortality review panel. Other panel members shall be
appointed by the commissioner, including a board-certified
pathologist and a physician who is a coroner or a medical
examiner. The purpose of the panel shall be to make
recommendations to the state and to county agencies for
improving the child protection system, including modifications
in statute, rule, policy, and procedure.
(b) The commissioner may require a county agency to
establish a local child mortality review panel. The
commissioner may establish procedures for conducting local
reviews and may require that all professionals with knowledge of
a child mortality case participate in the local review. In this
section, "professional" means a person licensed to perform or a
person performing a specific service in the child protective
service system. "Professional" includes law enforcement
personnel, social service agency attorneys, educators, and
social service, health care, and mental health care providers.
(c) If the commissioner of human services has reason to
believe that a child's death was caused by maltreatment or that
maltreatment was a contributing cause, the commissioner has
access to not public data under chapter 13 maintained by state
agencies, statewide systems, or political subdivisions that are
related to the child's death or circumstances surrounding the
care of the child. The commissioner shall also have access to
records of private hospitals as necessary to carry out the
duties prescribed by this section. Access to data under this
paragraph is limited to police investigative data; autopsy
records and coroner or medical examiner investigative data;
hospital, public health, or other medical records of the child;
hospital and other medical records of the child's parent that
relate to prenatal care; and records created by social service
agencies that provided services to the child or family within
three years preceding the child's death. A state agency,
statewide system, or political subdivision shall provide the
data upon request of the commissioner. Not public data may be
shared with members of the state or local child mortality review
panel in connection with an individual case.
(d) Notwithstanding the data's classification in the
possession of any other agency, data acquired by a local or
state child mortality review panel in the exercise of its duties
is protected nonpublic or confidential data as defined in
section 13.02, but may be disclosed as necessary to carry out
the purposes of the review panel. The data is not subject to
subpoena or discovery. The commissioner may disclose
conclusions of the review panel, but shall not disclose data
that was classified as confidential or private data on
decedents, under section 13.10, or private, confidential, or
protected nonpublic data in the disseminating agency, except
that the commissioner may disclose local social service agency
data as provided in section 626.556, subdivision 11d, on
individual cases involving a fatality or near fatality of a
person served by the local social service agency prior to the
date of death.
(e) A person attending a child mortality review panel
meeting shall not disclose what transpired at the meeting,
except to carry out the purposes of the mortality review panel.
The proceedings and records of the mortality review panel are
protected nonpublic data as defined in section 13.02,
subdivision 13, and are not subject to discovery or introduction
into evidence in a civil or criminal action against a
professional, the state or a county agency, arising out of the
matters the panel is reviewing. Information, documents, and
records otherwise available from other sources are not immune
from discovery or use in a civil or criminal action solely
because they were presented during proceedings of the review
panel. A person who presented information before the review
panel or who is a member of the panel shall not be prevented
from testifying about matters within the person's knowledge.
However, in a civil or criminal proceeding a person shall not be
questioned about the person's presentation of information to the
review panel or opinions formed by the person as a result of the
review meetings.
Sec. 9. Minnesota Statutes 1996, section 256.01, is
amended by adding a subdivision to read:
Subd. 15. [CITIZEN REVIEW PANELS.] (a) The commissioner
shall establish a minimum of three citizen review panels to
examine the policies and procedures of state and local welfare
agencies to evaluate the extent to which the agencies are
effectively discharging their child protection
responsibilities. Local social service agencies shall cooperate
and work with the citizen review panels. Where appropriate, the
panels may examine specific cases to evaluate the effectiveness
of child protection activities. The panels must examine the
extent to which the state and local agencies are meeting the
requirements of the federal Child Abuse Prevention and Treatment
Act and the Reporting of Maltreatment of Minors Act. The
commissioner may authorize mortality review panels or child
protection teams to carry out the duties of a citizen review
panel if membership meets or is expanded to meet the
requirements of this section.
(b) The panel membership must include volunteers who
broadly represent the community in which the panel is
established, including members who have expertise in the
prevention and treatment of child abuse and neglect, child
protection advocates, and representatives of the councils of
color and ombudsperson for families.
(c) A citizen review panel has access to the following data
for specific case review under this paragraph: police
investigative data; autopsy records and coroner or medical
examiner investigative data; hospital, public health, or other
medical records of the child; hospital and other medical records
of the child's parent that relate to prenatal care; records
created by social service agencies that provided services to the
child or family; and personnel data related to an employee's
performance in discharging child protection responsibilities. A
state agency, statewide system, or political subdivision shall
provide the data upon request of the commissioner. Not public
data may be shared with members of the state or local citizen
review panel in connection with an individual case.
(d) Notwithstanding the data's classification in the
possession of any other agency, data acquired by a local or
state citizen review panel in the exercise of its duties are
protected nonpublic or confidential data as defined in section
13.02, but may be disclosed as necessary to carry out the
purposes of the review panel. The data are not subject to
subpoena or discovery. The commissioner may disclose
conclusions of the review panel, but may not disclose data on
individuals that were classified as confidential or private data
on individuals in the possession of the state agency, statewide
system, or political subdivision from which the data were
received, except that the commissioner may disclose local social
service agency data as provided in section 626.556, subdivision
11d, on individual cases involving a fatality or near fatality
of a person served by the local social service agency prior to
the date of death.
(e) A person attending a citizen review panel meeting may
not disclose what transpired at the meeting, except to carry out
the purposes of the review panel. The proceedings and records
of the review panel are protected nonpublic data as defined in
section 13.02, subdivision 13, and are not subject to discovery
or introduction into evidence in a civil or criminal action
against a professional, the state, or county agency arising out
of the matters the panel is reviewing. Information, documents,
and records otherwise available from other sources are not
immune from discovery or use in a civil or criminal action
solely because they were presented during proceedings of the
review panel. A person who presented information before the
review panel or who is a member of the panel is not prevented
from testifying about matters within the person's knowledge.
However, in a civil or criminal proceeding, a person must not be
questioned about the person's presentation of information to the
review panel or opinions formed by the person as a result of the
review panel meetings.
Sec. 10. Minnesota Statutes 1997 Supplement, section
256.82, subdivision 2, is amended to read:
Subd. 2. [FOSTER CARE MAINTENANCE PAYMENTS.]
Notwithstanding subdivision 1, for the purposes of foster care
maintenance payments under title IV-E of the federal Social
Security Act, United States Code, title 42, sections 670 to 676,
during the period beginning July 1, 1985, and ending December
31, 1985, the county paying the maintenance costs shall be
reimbursed for the costs from those federal funds available for
that purpose together with an amount of state funds equal to a
percentage of the difference between the total cost and the
federal funds made available for payment. This percentage shall
not exceed the percentage specified in subdivision 1 for the aid
to families with dependent children program. In the event that
the state appropriation for this purpose is less than the state
percentage set in subdivision 1, the reimbursement shall be
ratably reduced to the county. Beginning January 1, 1986, for
the purpose of foster care maintenance payments under title IV-E
of the Social Security Act, United States Code, title 42,
sections 670 to 676, the county paying the maintenance costs
must be reimbursed for the costs from the federal money
available for the purpose. Beginning July 1, 1997, for the
purposes of determining a child's eligibility under title IV-E
of the Social Security Act, the placing agency shall use AFDC
requirements in effect on June 1, 1995 July 16, 1996.
Sec. 11. Minnesota Statutes 1997 Supplement, section
257.071, subdivision 1d, is amended to read:
Subd. 1d. [RELATIVE SEARCH; NATURE.] (a) Within six months
after a child is initially placed in a residential facility, the
local social service agency shall identify any relatives of the
child and notify them of the need for a foster care home for the
child and of the possibility of the need for a permanent
out-of-home placement of the child, and. Relatives should also
be notified that a decision not to be a placement resource at
the beginning of the case may affect the relative's right being
considered to have the child placed with that relative later.
The relatives must be notified that they must keep the local
social service agency informed of their current address in order
to receive notice of any that a permanent placement hearing is
being sought for the child. A relative who fails to provide a
current address to the local social service agency forfeits the
right to notice of the possibility of permanent placement.
(b) Unless relieved of this duty by the court because the
child is placed with an appropriate relative who wishes to
provide a permanent home for the child, when the agency
determines that it is necessary to prepare for the permanent
placement determination hearing, or in anticipation of filing a
termination of parental rights petition, the agency shall send
notice to the relatives, 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. The notice must state
that a permanent home is sought for the child and that the
individuals receiving the notice may indicate to the agency
their interest in providing a permanent home. The notice must
contain an advisory that if the relative chooses not to be a
placement resource at the beginning of the case, this may affect
the relative's rights to have the child placed with that
relative permanently later on. The notice must state that
within 30 days of receipt of the notice an individual receiving
the notice must indicate to the agency the individual's interest
in providing a permanent home for the child or that the
individual may lose the opportunity to be considered for a
permanent placement. This notice need not be sent if the child
is placed with an appropriate relative who wishes to provide a
permanent home for the child.
Sec. 12. Minnesota Statutes 1996, section 257.42, is
amended to read:
257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.]
The "appropriate public authorities" as used in article 3
of the interstate compact on the placement of children shall,
with reference to this state, mean the Minnesota department
commissioner of human services and said department. The
commissioner of human services or the commissioner's delegate
shall receive and act with reference to notices required by said
article 3.
Sec. 13. Minnesota Statutes 1996, section 257.43, is
amended to read:
257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.]
As used in paragraph (a) of article 5 of the interstate
compact on the placement of children, the phrase "appropriate
authority in the receiving state" with reference to this state
shall mean the commissioner of human services or the
commissioner's delegate.
Sec. 14. Minnesota Statutes 1997 Supplement, section
257.85, subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(a) "AFDC or MFIP standard" means the monthly standard of
need used to calculate assistance under the AFDC program, the
transitional standard used to calculate assistance under the
MFIP-S program, or, if neither of those is applicable, the
analogous transitional standard used to calculate assistance
under the MFIP or MFIP-R programs.
(b) "Local agency" means the local social service agency
with legal custody of a child prior to the transfer of permanent
legal and physical custody to a relative.
(c) "Permanent legal and physical custody" means permanent
legal and physical custody ordered by a Minnesota juvenile court
under section 260.191, subdivision 3b.
(d) "Relative" means an individual, other than a parent,
who is related to a child by blood, marriage, or adoption.
(e) "Relative custodian" means a relative of a child for
whom the relative has permanent legal and physical
custody. When siblings, including half-siblings and
step-siblings, are placed together in the permanent legal and
physical custody of a relative of one of the siblings, the
person receiving permanent legal and physical custody of the
siblings is considered a relative custodian of all of the
siblings for purposes of this section.
(f) "Relative custody assistance agreement" means an
agreement entered into between a local agency and the relative
of a child who has been or will be awarded permanent legal and
physical custody of the child.
(g) "Relative custody assistance payment" means a monthly
cash grant made to a relative custodian pursuant to a relative
custody assistance agreement and in an amount calculated under
subdivision 7.
(h) "Remains in the physical custody of the relative
custodian" means that the relative custodian is providing
day-to-day care for the child and that the child lives with the
relative custodian; absence from the relative custodian's home
for a period of more than 120 days raises a presumption that the
child no longer remains in the physical custody of the relative
custodian.
Sec. 15. Minnesota Statutes 1997 Supplement, section
257.85, subdivision 5, is amended to read:
Subd. 5. [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A
relative custody assistance agreement will not be effective,
unless it is signed by the local agency and the relative
custodian no later than 30 days after the date of the order
establishing permanent legal and physical custody with the
relative, except that a local agency may enter into a relative
custody assistance agreement with a relative custodian more than
30 days after the date of the order if it certifies that the
delay in entering the agreement was through no fault of the
relative custodian. There must be a separate agreement for each
child for whom the relative custodian is receiving relative
custody assistance.
(b) Regardless of when the relative custody assistance
agreement is signed by the local agency and relative custodian,
the effective date of the agreement shall be the first day of
the month following the date of the order establishing permanent
legal and physical custody or the date that the last party signs
the agreement, whichever occurs later.
(c) If MFIP-S is not the applicable program for a child at
the time that a relative custody assistance agreement is entered
on behalf of the child, when MFIP-S becomes the applicable
program, if the relative custodian had been receiving custody
assistance payments calculated based upon a different program,
the amount of relative custody assistance payment under
subdivision 7 shall be recalculated under the MFIP-S program.
(d) The relative custody assistance agreement shall be in a
form specified by the commissioner and shall include provisions
relating to the following:
(1) the responsibilities of all parties to the agreement;
(2) the payment terms, including the financial
circumstances of the relative custodian, the needs of the child,
the amount and calculation of the relative custody assistance
payments, and that the amount of the payments shall be
reevaluated annually;
(3) the effective date of the agreement, which shall also
be the anniversary date for the purpose of submitting the annual
affidavit under subdivision 8;
(4) that failure to submit the affidavit as required by
subdivision 8 will be grounds for terminating the agreement;
(5) the agreement's expected duration, which shall not
extend beyond the child's eighteenth birthday;
(6) any specific known circumstances that could cause the
agreement or payments to be modified, reduced, or terminated and
the relative custodian's appeal rights under subdivision 9;
(7) that the relative custodian must notify the local
agency within 30 days of any of the following:
(i) a change in the child's status;
(ii) a change in the relationship between the relative
custodian and the child;
(iii) a change in composition or level of income of the
relative custodian's family;
(iv) a change in eligibility or receipt of benefits under
AFDC, MFIP-S, or other assistance program; and
(v) any other change that could affect eligibility for or
amount of relative custody assistance;
(8) that failure to provide notice of a change as required
by clause (7) will be grounds for terminating the agreement;
(9) that the amount of relative custody assistance is
subject to the availability of state funds to reimburse the
local agency making the payments;
(10) that the relative custodian may choose to temporarily
stop receiving payments under the agreement at any time by
providing 30 days' notice to the local agency and may choose to
begin receiving payments again by providing the same notice but
any payments the relative custodian chooses not to receive are
forfeit; and
(11) that the local agency will continue to be responsible
for making relative custody assistance payments under the
agreement regardless of the relative custodian's place of
residence.
Sec. 16. Minnesota Statutes 1997 Supplement, section
259.22, subdivision 4, is amended to read:
Subd. 4. [TIME FOR FILING PETITION.] A petition shall be
filed not later than 24 12 months after a child is placed in a
prospective adoptive home. If a petition is not filed by that
time, the agency that placed the child, or, in a direct adoptive
placement, the agency that is supervising the placement shall
file with the district court in the county where the prospective
adoptive parent resides a motion for an order and a report
recommending one of the following:
(1) that the time for filing a petition be extended because
of the child's special needs as defined under title IV-E of the
Social Security Act, United States Code, title 42, section 673;
(2) that, based on a written plan for completing filing of
the petition, including a specific timeline, to which the
prospective adoptive parents have agreed, the time for filing a
petition be extended long enough to complete the plan because
such an extension is in the best interests of the child and
additional time is needed for the child to adjust to the
adoptive home; or
(3) that the child be removed from the prospective adoptive
home.
The prospective adoptive parent must reimburse an agency
for the cost of preparing and filing the motion and report under
this section, unless the costs are reimbursed by the
commissioner under section 259.67 or 259.73.
Sec. 17. Minnesota Statutes 1996, section 259.24,
subdivision 1, is amended to read:
Subdivision 1. [EXCEPTIONS.] No child shall be adopted
without the consent of the child's parents and the child's
guardian, if there be one, except in the following instances:
(a) Consent shall not be required of a parent not entitled
to notice of the proceedings.
(b) Consent shall not be required of a parent who has
abandoned the child, or of a parent who has lost custody of the
child through a divorce decree or a decree of dissolution, and
upon whom notice has been served as required by section 259.49.
(c) Consent shall not be required of a parent whose
parental rights to the child have been terminated by a juvenile
court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior
adoption proceeding.
(d) If there be no parent or guardian qualified to consent
to the adoption, the consent may be given by the commissioner.
(e) The commissioner or agency having authority to place a
child for adoption pursuant to section 259.25, subdivision 1,
shall have the exclusive right to consent to the adoption of
such child. The commissioner or agency shall make every effort
to place siblings together for adoption. Notwithstanding any
rule to the contrary, the commissioner may delegate the right to
consent to the adoption or separation of siblings, if it is in
the child's best interest, to a local social services agency.
Sec. 18. Minnesota Statutes 1996, section 259.37,
subdivision 2, is amended to read:
Subd. 2. [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE
PARENTS.] An agency shall provide a disclosure statement written
in clear, plain language to be signed by the prospective
adoptive parents and birth parents, except that in intercountry
adoptions, the signatures of birth parents are not required.
The disclosure statement must contain the following information:
(1) fees charged to the adoptive parent, including any
policy on sliding scale fees or fee waivers and an itemization
of the amount that will be charged for the adoption study,
counseling, postplacement services, family of origin searches,
birth parent expenses authorized under section 259.55, or any
other services;
(2) timeline for the adoptive parent to make fee payments;
(3) likelihood, given the circumstances of the prospective
adoptive parent and any specific program to which the
prospective adoptive parent is applying, that an adoptive
placement may be made and the estimated length of time for
making an adoptive placement. These estimates must be based on
adoptive placements made with prospective parents in similar
circumstances applying to a similar program with the agency
during the immediately preceding three to five years. If an
agency has not been in operation for at least three years, it
must provide summary data based on whatever adoptive placements
it has made and may include a statement about the kind of
efforts it will make to achieve an adoptive placement, including
a timetable it will follow in seeking a child. The estimates
must include a statement that the agency cannot guarantee
placement of a child or a time by which a child will be placed;
(4) a statement of the services the agency will provide the
birth and adoptive parents;
(5) a statement prepared by the commissioner under section
259.39 that explains the child placement and adoption process
and the respective legal rights and responsibilities of the
birth parent and prospective adoptive parent during the process
including a statement that the prospective adoptive parent is
responsible for filing an adoption petition not later than 24 12
months after the child is placed in the prospective adoptive
home;
(6) a statement regarding any information the agency may
have about attorney referral services, or about obtaining
assistance with completing legal requirements for an adoption;
and
(7) an acknowledgment to be signed by the birth parent and
prospective adoptive parent that they have received, read, and
had the opportunity to ask questions of the agency about the
contents of the disclosure statement.
Sec. 19. Minnesota Statutes 1997 Supplement, section
259.47, subdivision 3, is amended to read:
Subd. 3. [PREADOPTIVE CUSTODY ORDER.] (a) Before a child
is placed in a prospective adoptive home by a birth parent or
legal guardian, other than an agency, the placement must be
approved by the district court in the county where the
prospective adoptive parent resides. An order under this
subdivision or subdivision 6 shall state that the prospective
adoptive parent's right to custody of the child is subject to
the birth parent's right to custody until the consents to the
child's adoption become irrevocable. At the time of placement,
prospective adoptive parents must have for the child qualifying
existing coverage as defined in section 62L.02, subdivision 24,
or other similar comprehensive health care coverage. The
preadoptive custody order must include any agreement reached
between the prospective adoptive parent and the birth parent
regarding authority to make decisions after placement for
medical care of the child and responsibility for payment for
medical care not provided by the adoptive parent's existing
health care coverage. The prospective adoptive parent must meet
the residence requirements of section 259.22, subdivision 1, and
must file with the court an affidavit of intent to remain a
resident of the state for at least three months after the child
is placed in the prospective adoptive home. The prospective
adoptive parent shall file with the court a notice of intent to
file an adoption petition and submit a written motion seeking an
order granting temporary preadoptive custody. The notice and
motion required under this subdivision may be considered by the
court ex parte, without a hearing. The prospective adoptive
parent shall serve a copy of the notice and motion upon any
parent whose consent is required under section 259.24 or who is
named in the affidavit required under paragraph (b) if that
person's mailing address is known. The motion may be filed up
to 60 days before the placement is to be made and must include:
(1) the adoption study required under section 259.41;
(2) affidavits from the birth parents indicating their
support of the motion, or, if there is no affidavit from the
birth father, an affidavit from the birth mother under paragraph
(b);
(3) an itemized statement of expenses that have been paid
and an estimate of expenses that will be paid by the prospective
adoptive parents to the birth parents, any agency, attorney, or
other party in connection with the prospective adoption;
(4) the name of counsel for each party, if any;
(5) a statement that the birth parents:
(i) have provided the social and medical history required
under section 259.43 to the prospective adoptive parent;
(ii) have received the written statement of their legal
rights and responsibilities under section 259.39; and
(iii) have been notified of their right to receive
counseling under subdivision 4; and
(6) the name of the agency chosen by the adoptive parent to
supervise the adoptive placement and complete the postplacement
assessment required by section 259.53, subdivision 2.
The court shall review the expense statement submitted
under this subdivision to determine whether payments made or to
be made by the prospective adoptive parent are lawful and in
accordance with section 259.55, subdivision 1.
(b) If the birth mother submits the affidavit required in
paragraph (a), clause (2), but the birth father fails to do so,
the birth mother must submit an additional affidavit that
describes her good faith efforts or efforts made on her behalf
to identify and locate the birth father for purposes of securing
his consent. In the following circumstances the birth mother
may instead submit an affidavit stating on which ground she is
exempt from making efforts to identify and locate the father:
(1) the child was conceived as the result of incest or
rape;
(2) efforts to locate the father by the affiant or anyone
acting on the affiant's behalf could reasonably result in
physical harm to the birth mother or child; or
(3) efforts to locate the father by the affiant or anyone
acting on the affiant's behalf could reasonably result in severe
emotional distress of the birth mother or child.
A court shall consider the motion for temporary preadoptive
custody within 30 days of receiving the motion or by the
anticipated placement date stated in the motion, whichever comes
sooner.
Sec. 20. Minnesota Statutes 1997 Supplement, section
259.58, is amended to read:
259.58 [COMMUNICATION OR CONTACT AGREEMENTS.]
Adoptive parents and a birth relative may enter an
agreement regarding communication with or contact between an
adopted minor, adoptive parents, and a birth relative under this
section. An agreement may be entered between:
(1) adoptive parents and a birth parent;
(2) adoptive parents and a any other birth relative with
whom the child resided before being adopted; or
(2) (3) adoptive parents and any other birth relative if
the child is adopted by a birth relative upon the death of both
birth parents.
For purposes of this section, "birth relative" means a
parent, stepparent, grandparent, brother, sister, uncle, or aunt
of a minor adoptee. This relationship may be by blood or
marriage. For an Indian child, birth relative includes members
of the extended family as defined by the law or custom of the
Indian child's tribe or, in the absence of laws or custom,
nieces, nephews, or first or second cousins, as provided in the
Indian Child Welfare Act, United States Code, title 25, section
1903.
(a) An agreement regarding communication with or contact
between minor adoptees, adoptive parents, and a birth relative
is not legally enforceable unless the terms of the agreement are
contained in a written court order entered in accordance with
this section. An order must be sought at the same time a
petition for adoption is filed. The court shall not enter a
proposed order unless the terms of the order have been approved
in writing by the prospective adoptive parents, a birth relative
who desires to be a party to the agreement, and, if the child is
in the custody of or under the guardianship of an agency, a
representative of the agency. An agreement under this section
need not disclose the identity of the parties to be legally
enforceable. The court shall not enter a proposed order unless
the court finds that the communication or contact between the
minor adoptee, the adoptive parents, and a birth relative as
agreed upon and contained in the proposed order would be in the
minor adoptee's best interests.
(b) Failure to comply with the terms of an agreed order
regarding communication or contact that has been entered by the
court under this section is not grounds for:
(1) setting aside an adoption decree; or
(2) revocation of a written consent to an adoption after
that consent has become irrevocable.
(c) An agreed order entered under this section may be
enforced by filing a petition or motion with the family court
that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition
or motion is accompanied by an affidavit that the parties have
mediated or attempted to mediate any dispute under the agreement
or that the parties agree to a proposed modification. The
prevailing party may be awarded reasonable attorney's fees and
costs. The court shall not modify an agreed order under this
section unless it finds that the modification is necessary to
serve the best interests of the minor adoptee, and:
(1) the modification is agreed to by the adoptive parent
and the birth relative; or
(2) exceptional circumstances have arisen since the agreed
order was entered that justify modification of the order.
Sec. 21. Minnesota Statutes 1997 Supplement, section
259.60, subdivision 2, is amended to read:
Subd. 2. [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER;
DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in
paragraph (b), a person, whose adoption of a child under the
laws of a foreign country is valid in this state under
subdivision 1, may petition the district court in the county
where the adoptive parent resides for a decree confirming and
recognizing the adoption, changing the child's legal name, if
requested in the petition, and for authorizing the commissioner
of health to issue a new birth certificate for the child under
section 144.218, subdivision 2.
(b) A court shall issue the decree and birth
certificate described in paragraph (a) upon receipt of the
following documents:
(1) a petition by the adoptive parent requesting that the
court issue a Minnesota birth certificate, and stating that the
adoptive parent completed adoption of the child under the laws
of a foreign country and that the adoption is valid in this
state under subdivision 1 and requesting that the court issue a
decree confirming and recognizing the adoption, changing the
child's legal name, if desired, and authorizing the commissioner
of health to issue a new birth certificate for the child under
section 144.218, subdivision 2. The petition must be in the
form of a signed, sworn, and notarized statement;
(2) a copy of the child's original birth certificate, if
available;
(3) a copy of the final adoption certificate or equivalent
as issued by the foreign jurisdiction;
(4) a copy of the child's passport including the United
States visa indicating IR-3 immigration status; and
(5) certified English translations of any of the documents
in clauses (2) to (4) that are not written in the English
language.
(c) Upon issuing a decree under this section, the court
shall forward to the commissioners of health and human services
a copy of the decree. The court shall also complete and forward
to the commissioner of health the certificate of adoption,
unless another form has been specified by the commissioner of
health.
Sec. 22. Minnesota Statutes 1996, section 259.67,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION ASSISTANCE.] (a) The commissioner
of human services shall enter into an adoption assistance
agreement with an adoptive parent or parents who adopt a child
who meets the eligibility requirements under title IV-E of the
Social Security Act, United States Code, title 42, sections 670
to 679a, or who otherwise meets the requirements in subdivision
4.
(b) No child on whose behalf federal title IV-E adoption
assistance payments are to be made may be placed in an adoptive
home unless a criminal background check under section 259.41,
subdivision 3, paragraph (b), has been completed on the
prospective adoptive parents and no disqualifying condition
exists. A disqualifying condition exists if:
(1) a criminal background check reveals a felony conviction
for child abuse; for spousal abuse; for a crime against children
(including child pornography); or for a crime involving
violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
(2) a criminal background check reveals a felony conviction
within the past five years for physical assault, battery, or a
drug-related offense.
Sec. 23. Minnesota Statutes 1996, section 260.011,
subdivision 2, is amended to read:
Subd. 2. (a) The paramount consideration in all
proceedings concerning a child alleged or found to be in need of
protection or services is the health, safety, and best interests
of the child. In proceedings involving an American Indian
child, as defined in section 257.351, subdivision 6, the best
interests of the child must be determined consistent with
sections 257.35 to 257.3579 and the Indian Child Welfare Act,
United States Code, title 25, sections 1901 to 1923. The
purpose of the laws relating to juvenile courts is to secure for
each child alleged or adjudicated in need of protection or
services and under the jurisdiction of the court, the care and
guidance, preferably in the child's own home, as will best serve
the spiritual, emotional, mental, and physical welfare of the
child; to provide judicial procedures which protect the welfare
of the child; to preserve and strengthen the child's family ties
whenever possible and in the child's best interests, removing
the child from the custody of parents only when the child's
welfare or safety cannot be adequately safeguarded without
removal; and, when removal from the child's own family is
necessary and in the child's best interests, to secure for the
child custody, care and discipline as nearly as possible
equivalent to that which should have been given by the parents.
(b) The purpose of the laws relating to termination of
parental rights is to ensure that:
(1) reasonable efforts have been made by the social service
agency to reunite the child with the child's parents in a
placement that is safe and permanent; and
(2) if placement with the parents is not reasonably
foreseeable, to secure for the child a safe and permanent
placement, preferably with adoptive parents.
Nothing in this section requires reasonable efforts to be
made in circumstances where the court has determined that the
child has been subjected to egregious harm or the parental
rights of the parent to a sibling have been involuntarily
terminated.
The paramount consideration in all proceedings for the
termination of parental rights is the best interests of the
child. In proceedings involving an American Indian child, as
defined in section 257.351, subdivision 6, the best interests of
the child must be determined consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901,
et seq.
(c) The purpose of the laws relating to children alleged or
adjudicated to be delinquent is to promote the public safety and
reduce juvenile delinquency by maintaining the integrity of the
substantive law prohibiting certain behavior and by developing
individual responsibility for lawful behavior. This purpose
should be pursued through means that are fair and just, that
recognize the unique characteristics and needs of children, and
that give children access to opportunities for personal and
social growth.
(d) The laws relating to juvenile courts shall be liberally
construed to carry out these purposes.
Sec. 24. Minnesota Statutes 1997 Supplement, section
260.012, is amended to read:
260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.]
(a) If a child in need of protection or services is under
the court's jurisdiction, the court shall ensure that reasonable
efforts including culturally appropriate services by the social
service agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's
family at the earliest possible time, consistent with the best
interests, safety, and protection of the child. The court may,
upon motion and hearing, order the cessation of reasonable
efforts if the court finds that provision of services or further
services for the purpose of rehabilitation and reunification is
futile and therefore unreasonable under the circumstances. In
determining reasonable efforts to be made with respect to a
child and in making those reasonable efforts, the child's health
and safety must be of paramount concern. Reasonable efforts are
not required if the court determines that:
(1) a termination of parental rights petition has been
filed stating a prima facie case that the parent has subjected
the child to egregious harm as defined in section 260.015,
subdivision 29, or the parental rights of the parent to a
sibling have been terminated involuntarily; or
(2) a determination not to proceed with a termination of
parental rights petition on these grounds was made under section
260.221, subdivision 1b, paragraph (b), and a permanency hearing
is held within 30 days of the determination.
In the case of an Indian child, in proceedings under sections
260.172, 260.191, and 260.221 the juvenile court must make
findings and conclusions consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901
et seq., as to the provision of active efforts. If a child is
under the court's delinquency jurisdiction, it shall be the duty
of the court to ensure that reasonable efforts are made to
reunite the child with the child's family at the earliest
possible time, consistent with the best interests of the child
and the safety of the public.
(b) "Reasonable efforts" means the exercise of due
diligence by the responsible social service agency to use
appropriate and available services to meet the needs of the
child and the child's family in order to prevent removal of the
child from the child's family; or upon removal, services to
eliminate the need for removal and reunite the family. Services
may include those listed under section 256F.07, subdivision 3,
and other appropriate services available in the community. The
social service agency has the burden of demonstrating that it
has made reasonable efforts or that provision of services or
further services for the purpose of rehabilitation and
reunification is futile and therefore unreasonable under the
circumstances. Reunification of a surviving child with a parent
is not required if the parent has been convicted of:
(1) a violation of, or an attempt or conspiracy to commit a
violation of, sections 609.185 to 609.20; 609.222, subdivision
2; or 609.223 in regard to another child of the parent;
(2) a violation of section 609.222, subdivision 2; or
609.223, in regard to the surviving child; or
(3) a violation of, or an attempt or conspiracy to commit a
violation of, United States Code, title 18, section 1111(a) or
1112(a), in regard to another child of the parent.
(c) The juvenile court, in proceedings under sections
260.172, 260.191, and 260.221 shall make findings and
conclusions as to the provision of reasonable efforts. When
determining whether reasonable efforts have been made, the court
shall consider whether services to the child and family were:
(1) relevant to the safety and protection of the child;
(2) adequate to meet the needs of the child and family;
(3) culturally appropriate;
(4) available and accessible;
(5) consistent and timely; and
(6) realistic under the circumstances.
In the alternative, the court may determine that provision
of services or further services for the purpose of
rehabilitation is futile and therefore unreasonable under the
circumstances or that reasonable efforts are not required as
provided in paragraph (a).
(d) This section does not prevent out-of-home placement for
treatment of a child with a mental disability when the child's
diagnostic assessment or individual treatment plan indicates
that appropriate and necessary treatment cannot be effectively
provided outside of a residential or inpatient treatment program.
(e) If continuation of reasonable efforts described in
paragraph (b) is determined to be inconsistent with the
permanency plan for the child, reasonable efforts must be made
to place the child in a timely manner in accordance with the
permanency plan and to complete whatever steps are necessary to
finalize the permanency plan for the child.
(f) Reasonable efforts to place a child for adoption or in
another permanent placement may be made concurrently with
reasonable efforts as described in paragraphs (a) and (b).
Sec. 25. Minnesota Statutes 1997 Supplement, section
260.015, subdivision 2a, is amended to read:
Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.]
"Child in need of protection or services" means a child who is
in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, (ii)
resides with or has resided with a victim of domestic child
abuse as defined in subdivision 24, (iii) resides with or would
reside with a perpetrator of domestic child abuse or child abuse
as defined in subdivision 28, or (iv) is a victim of emotional
maltreatment as defined in subdivision 5a;
(3) is without necessary food, clothing, shelter,
education, or other required care for the child's physical or
mental health or morals because the child's parent, guardian, or
custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a
physical, mental, or emotional condition because the child's
parent, guardian, or custodian is unable or unwilling to provide
that care;
(5) is medically neglected, which includes, but is not
limited to, the withholding of medically indicated treatment
from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the
failure to respond to the infant's life-threatening conditions
by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or
physicians' reasonable medical judgment, will be most likely to
be effective in ameliorating or correcting all conditions,
except that the term does not include the failure to provide
treatment other than appropriate nutrition, hydration, or
medication to an infant when, in the treating physician's or
physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong
dying, not be effective in ameliorating or correcting all of the
infant's life-threatening conditions, or otherwise be futile in
terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually
futile in terms of the survival of the infant and the treatment
itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for
good cause desires to be relieved of the child's care and
custody;
(7) has been placed for adoption or care in violation of
law;
(8) is without proper parental care because of the
emotional, mental, or physical disability, or state of
immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is
such as to be injurious or dangerous to the child or others. An
injurious or dangerous environment may include, but is not
limited to, the exposure of a child to criminal activity in the
child's home;
(10) is experiencing growth delays, which may be referred
to as failure to thrive, that have been diagnosed by a physician
and are due to parental neglect;
(11) has engaged in prostitution as defined in section
609.321, subdivision 9;
(10) (12) has committed a delinquent act before becoming
ten years old;
(11) (13) is a runaway;
(12) (14) is an habitual truant;
(13) (15) has been found incompetent to proceed or has been
found not guilty by reason of mental illness or mental
deficiency in connection with a delinquency proceeding, a
certification under section 260.125, an extended jurisdiction
juvenile prosecution, or a proceeding involving a juvenile petty
offense;
(14) (16) is one whose custodial parent's parental rights
to another child have been involuntarily terminated within the
past five years; or
(15) (17) has been found by the court to have committed
domestic abuse perpetrated by a minor under Laws 1997, chapter
239, article 10, sections 2 to 26, has been ordered excluded
from the child's parent's home by an order for protection/minor
respondent, and the parent or guardian is either unwilling or
unable to provide an alternative safe living arrangement for the
child.
Sec. 26. Minnesota Statutes 1997 Supplement, section
260.015, subdivision 29, is amended to read:
Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the
infliction of bodily harm to a child or neglect of a child which
demonstrates a grossly inadequate ability to provide minimally
adequate parental care. The egregious harm need not have
occurred in the state or in the county where a termination of
parental rights action is otherwise properly venued. Egregious
harm includes, but is not limited to:
(1) conduct towards a child that constitutes a violation of
sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or
any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child,
as defined in section 609.02, subdivision 8;
(3) conduct towards a child that constitutes felony
malicious punishment of a child under section 609.377;
(4) conduct towards a child that constitutes felony
unreasonable restraint of a child under section 609.255,
subdivision 3;
(5) conduct towards a child that constitutes felony neglect
or endangerment of a child under section 609.378;
(6) conduct towards a child that constitutes assault under
section 609.221, 609.222, or 609.223;
(7) conduct towards a child that constitutes solicitation,
inducement, or promotion of prostitution under section 609.322;
(8) conduct towards a child that constitutes receiving
profit derived from prostitution under section 609.323; or
(9) conduct toward a child that constitutes a violation of
murder or voluntary manslaughter as defined by United States
Code, title 18, section 1111(a) or 1112(a); or
(10) conduct toward a child that constitutes aiding or
abetting, attempting, conspiring, or soliciting to commit a
murder or voluntary manslaughter that constitutes a violation of
United States Code, title 18, section 1111(a) or 1112(a).
Sec. 27. Minnesota Statutes 1996, section 260.141, is
amended by adding a subdivision to read:
Subd. 4. [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS
AND RELATIVES.] The foster parents, if any, of a child and any
preadoptive parent or relative providing care for the child must
be provided notice of and an opportunity to be heard in any
review or hearing to be held with respect to the child. Any
other relative may also request, and must be granted, a notice
and the opportunity to be heard under this section. This
subdivision does not require that a foster parent, preadoptive
parent, or relative providing care for the child be made a party
to a review or hearing solely on the basis of the notice and
opportunity to be heard.
Sec. 28. Minnesota Statutes 1997 Supplement, section
260.161, subdivision 2, is amended to read:
Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as
otherwise provided in this section, and except for (a) Legal
records arising from proceedings or portions of proceedings that
are public under section 260.155, subdivision 1, are open to
public inspection.
(b) The following records from proceedings or portions of
proceedings involving a child in need of protection or services
that are open to the public as authorized by supreme court order
and court rules are accessible to the public unless the court
determines that access should be restricted because of the
personal nature of the information:
(1) the summons and petition;
(2) affidavits of publication and service;
(3) certificates of representation;
(4) court orders;
(5) hearing and trial notices, witness lists, and
subpoenas;
(6) motions and legal memoranda;
(7) exhibits introduced at hearings or trial that are not
inaccessible under paragraph (c); and
(8) birth certificates.
(c) The following records are not accessible to the public
under paragraph (b):
(1) written, audiotaped, or videotaped information from the
social service agency, except to the extent the information
appears in the petition, court orders, or other documents that
are accessible under paragraph (b);
(2) child protection intake or screening notes;
(3) documents identifying reporters of maltreatment, unless
the names and other identifying information are redacted;
(4) guardian ad litem reports;
(5) victim statements and addresses and telephone numbers;
(6) documents identifying nonparty witnesses under the age
of 18, unless the names and other identifying information are
redacted;
(7) transcripts of testimony taken during closed hearing;
(8) fingerprinting materials;
(9) psychological, psychiatric, and chemical dependency
evaluations;
(10) presentence evaluations of juveniles and probation
reports;
(11) medical records and test results;
(12) reports issued by sexual predator programs;
(13) diversion records of juveniles;
(14) any document which the court, upon its own motion or
upon motion of a party, orders inaccessible to serve the best
interests of the child; and
(15) any other records that are not accessible to the
public under rules developed by the courts.
In addition, records that are accessible to the public
under paragraph (b) become inaccessible to the public if one
year has elapsed since either the proceeding was dismissed or
the court's jurisdiction over the matter was terminated.
(d) Except as otherwise provided by this section, none of
the records of the juvenile court and none of the records
relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except (a) by
order of a court, (b) as required by sections 245A.04, 611A.03,
611A.04, 611A.06, and 629.73, or (c) the name of a juvenile who
is the subject of a delinquency petition shall be released to
the victim of the alleged delinquent act upon the victim's
request; unless it reasonably appears that the request is
prompted by a desire on the part of the requester to engage in
unlawful activities. The records of juvenile probation officers
and county home schools are records of the court for the
purposes of this subdivision. Court services data relating to
delinquent acts that are contained in records of the juvenile
court may be released as allowed under section 13.84,
subdivision 5a. This subdivision applies to all proceedings
under this chapter, including appeals from orders of the
juvenile court, except that this subdivision does not apply to
proceedings under section 260.255, 260.261, or 260.315 when the
proceeding involves an adult defendant. The court shall
maintain the confidentiality of adoption files and records in
accordance with the provisions of laws relating to adoptions.
In juvenile court proceedings any report or social history
furnished to the court shall be open to inspection by the
attorneys of record and the guardian ad litem a reasonable time
before it is used in connection with any proceeding before the
court.
(e) When a judge of a juvenile court, or duly authorized
agent of the court, determines under a proceeding under this
chapter that a child has violated a state or local law,
ordinance, or regulation pertaining to the operation of a motor
vehicle on streets and highways, except parking violations, the
judge or agent shall immediately report the violation to the
commissioner of public safety. The report must be made on a
form provided by the department of public safety and must
contain the information required under section 169.95.
Sec. 29. Minnesota Statutes 1996, section 260.172,
subdivision 1, is amended to read:
Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If
a child was taken into custody under section 260.165,
subdivision 1, clause (a) or (c)(2), the court shall hold a
hearing within 72 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, to
determine whether the child should continue in custody.
(b) In all other cases, the court shall hold a detention
hearing:
(1) within 36 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at a juvenile secure detention facility or
shelter care facility; or
(2) within 24 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at an adult jail or municipal lockup.
(c) Unless there is reason to believe that the child would
endanger self or others, not return for a court hearing, run
away from the child's parent, guardian, or custodian or
otherwise not remain in the care or control of the person to
whose lawful custody the child is released, or that the child's
health or welfare would be immediately endangered, the child
shall be released to the custody of a parent, guardian,
custodian, or other suitable person, subject to reasonable
conditions of release including, but not limited to, a
requirement that the child undergo a chemical use assessment as
provided in section 260.151, subdivision 1. In determining
whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would
reside with a perpetrator of domestic child abuse. In a
proceeding regarding a child in need of protection or services,
the court, before determining whether a child should continue in
custody, shall also make a determination, consistent with
section 260.012 as to whether reasonable efforts, or in the case
of an Indian child, active efforts, according to the Indian
Child Welfare Act of 1978, United States Code, title 25, section
1912(d), were made to prevent placement or to reunite the child
with the child's family, or that reasonable efforts were not
possible. The court shall also determine whether there are
available services that would prevent the need for further
detention.
If the court finds the social services agency's preventive
or reunification efforts have not been reasonable but further
preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize
or continue the removal of the child.
The court may determine at the detention hearing, or at any
time prior to an adjudicatory hearing, that reasonable efforts
are not required because the facts, if proved, will demonstrate
that the parent has subjected the child to egregious harm as
defined in section 260.015, subdivision 29, or the parental
rights of the parent to a sibling of the child have been
terminated involuntarily.
Sec. 30. Minnesota Statutes 1997 Supplement, section
260.191, subdivision 1, is amended to read:
Subdivision 1. [DISPOSITIONS.] (a) If the court finds that
the child is in need of protection or services or neglected and
in foster care, it shall enter an order making any of the
following dispositions of the case:
(1) place the child under the protective supervision of the
local social services agency or child-placing agency in the
child's own home under conditions prescribed by the court
directed to the correction of the child's need for protection or
services;
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the local social services agency.
In placing a child whose custody has been transferred under
this paragraph, the agencies shall follow the order of
preference stated in section 260.181, subdivision 3;
(3) if the child is in need of special treatment and care
for reasons of physical or mental health, the court may order
the child's parent, guardian, or custodian to provide it. If
the parent, guardian, or custodian fails or is unable to provide
this treatment or care, the court may order it provided. The
court shall not transfer legal custody of the child for the
purpose of obtaining special treatment or care solely because
the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a
diagnosis made by a treatment professional, the court may order
that the diagnosing professional not provide the treatment to
the child if it finds that such an order is in the child's best
interests; or
(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of
the child, the court may order a child 16 years old or older to
be allowed to live independently, either alone or with others as
approved by the court under supervision the court considers
appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional
alternative for a child.
(b) If the child was adjudicated in need of protection or
services because the child is a runaway or habitual truant, the
court may order any of the following dispositions in addition to
or as alternatives to the dispositions authorized under
paragraph (a):
(1) counsel the child or the child's parents, guardian, or
custodian;
(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child; or with the consent
of the commissioner of corrections, place the child in a group
foster care facility which is under the commissioner's
management and supervision;
(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:
(i) a reputable person of good moral character. No person
may receive custody of two or more unrelated children unless
licensed to operate a residential program under sections 245A.01
to 245A.16; or
(ii) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The
court shall order payment of the fine in a manner that will not
impose undue financial hardship upon the child;
(5) require the child to participate in a community service
project;
(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order
participation by the child in a drug awareness program or an
inpatient or outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests
of the child and of public safety that the child's driver's
license or instruction permit be canceled, the court may order
the commissioner of public safety to cancel the child's license
or permit for any period up to the child's 18th birthday. If
the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to
the child's 18th birthday. The court shall forward an order
issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a
hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial,
the court may, for good cause, order the commissioner of public
safety to allow the child to apply for a license or permit, and
the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or
(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.
To the extent practicable, the court shall enter a
disposition order the same day it makes a finding that a child
is in need of protection or services or neglected and in foster
care, but in no event more than 15 days after the finding unless
the court finds that the best interests of the child will be
served by granting a delay. If the child was under eight years
of age at the time the petition was filed, the disposition order
must be entered within ten days of the finding and the court may
not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.
(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic
abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time,
finds the parent is able or willing to provide an alternative
safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.
Sec. 31. Minnesota Statutes 1997 Supplement, section
260.191, subdivision 1a, is amended to read:
Subd. 1a. [WRITTEN FINDINGS.] Any order for a disposition
authorized under this section shall contain written findings of
fact to support the disposition ordered, and shall also set
forth in writing the following information:
(a) Why the best interests of the child are served by the
disposition ordered;
(b) What alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case;
(c) How the court's disposition complies with the
requirements of section 260.181, subdivision 3; and
(d) Whether reasonable efforts consistent with section
260.012 were made to prevent or eliminate the necessity of the
child's removal and to reunify the family after removal. The
court's findings must include a brief description of what
preventive and reunification efforts were made and why further
efforts could not have prevented or eliminated the necessity of
removal or that reasonable efforts were not required under
section 260.012 or 260.172, subdivision 1.
If the court finds that the social services agency's
preventive or reunification efforts have not been reasonable but
that further preventive or reunification efforts could not
permit the child to safely remain at home, the court may
nevertheless authorize or continue the removal of the child.
Sec. 32. Minnesota Statutes 1997 Supplement, section
260.191, subdivision 3a, is amended to read:
Subd. 3a. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If
the court places a child in a residential facility, as defined
in section 257.071, subdivision 1, 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.
(b) When the court determines that a permanent placement
hearing is necessary because there is a likelihood that the
child will not return to a parent's care, the court may
authorize the agency with custody of the child to send the
notice provided in this paragraph 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, any adult who has
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, and any relative who has
provided a current address to the local social service agency.
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 within 30 days their interest in
providing a permanent home section 257.071, subdivision 1d,
paragraph (b), or may modify the requirements of the agency
under section 257.071, subdivision 1d, paragraph (b), or may
completely relieve the responsible social service agency of the
requirements of section 257.071, subdivision 1d, paragraph (b),
when the child is placed with an appropriate relative who wishes
to provide a permanent home for the child. The actions ordered
by the court under this section must be consistent with the best
interests, safety, and welfare of the child.
Sec. 33. Minnesota Statutes 1997 Supplement, section
260.191, subdivision 3b, is amended to read:
Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing
to determine the permanent status of a child not later than 12
months after the child is placed out of the home of the parent,
except that if the child was under eight years of age at the
time the petition was filed, the hearing must be conducted no
later than six months after the child is placed out of the home
of the parent.
For purposes of this subdivision, the date of the child's
placement out of the home of the parent is the earlier of the
first court-ordered placement or the first court-approved
placement under section 257.071, subdivision 3, of a child who
had been in voluntary placement 60 days after the date on which
the child has been voluntarily placed out of the home.
For purposes of this subdivision, 12 months is calculated
as follows:
(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed out of the home of the parent are cumulated;
(2) if a child has been placed out of the home of the
parent within the previous five years in connection with one or
more prior petitions for a child in need of protection or
services, the lengths of all prior time periods when the child
was placed out of the home within the previous five years and
under the current petition, are cumulated. If a child under
this clause has been out of the home for 12 months or more, the
court, if it is in the best interests of the child, may extend
the total time the child may continue out of the home under the
current petition up to an additional six months before making a
permanency determination.
(b) Not later than ten 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 section 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 subdivision. 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.
(c) At a hearing under this subdivision, if the child was
under eight years of age at the time the petition was filed
alleging the child in need of protection or services, the court
shall review the progress of the case and the case plan,
including the provision of services. The court may order the
local social service agency to show cause why it should not file
a termination of parental rights petition. Cause may include,
but is not limited to, the following conditions:
(1) the parents or guardians have maintained regular
contact with the child, the parents are complying with the
court-ordered case plan, and the child would benefit from
continuing this relationship;
(2) grounds for termination under section 260.221 do not
exist; or
(3) the permanent plan for the child is transfer of
permanent legal and physical custody to a relative.
(d) If the child is not returned to the home, the
dispositions available for permanent placement determination are:
(1) permanent legal and physical custody to a relative in
the best interests of the child. In transferring permanent
legal and physical custody to a relative, the juvenile court
shall follow the standards and procedures applicable under
chapter 257 or 518. An order establishing permanent legal or
physical custody under this subdivision must be filed with the
family court. A transfer of legal and physical custody includes
responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child. The
social service agency may petition on behalf of the proposed
custodian;
(2) termination of parental rights and adoption; the social
service agency shall file a petition for termination of parental
rights under section 260.231 and all the requirements of
sections 260.221 to 260.245 remain applicable. An adoption
completed subsequent to a determination under this subdivision
may include an agreement for communication or contact under
section 259.58; or
(3) long-term foster care; transfer of legal custody and
adoption are preferred permanency options for a child who cannot
return home. The court may order a child into long-term foster
care only if it finds that neither an award of legal and
physical custody to a relative, nor termination of parental
rights nor adoption is in the child's best interests. Further,
the court may only order long-term foster care for the child
under this section if it finds the following:
(i) the child has reached age 12 and reasonable efforts by
the responsible social service agency have failed to locate an
adoptive family for the child; or
(ii) the child is a sibling of a child described in clause
(i) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home; or
(4) foster care for a specified period of time may be
ordered only if:
(i) the sole basis for an adjudication that a child is in
need of protection or services is that the child is a runaway,
is an habitual truant, or committed a delinquent act before age
ten; and
(ii) the court finds that foster care for a specified
period of time is in the best interests of the child.
(d) (e) 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) (f) Once a permanent placement determination has been
made and permanent placement has been established, further court
reviews and dispositional hearings are only necessary if the
placement is made under paragraph (c) (d), clause (4), review is
otherwise required by federal law, an adoption has not yet been
finalized, or there is a disruption of the permanent or
long-term placement.
(f) (g) 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.
(g) (h) An order for permanent legal and physical custody
of a child may be modified under sections 518.18 and 518.185.
The social service agency is a party to the proceeding and must
receive notice. An order for long-term foster care is
reviewable upon motion and a showing by the parent of a
substantial change in the parent's circumstances such that the
parent could provide appropriate care for the child and that
removal of the child from the child's permanent placement and
the return to the parent's care would be in the best interest of
the child.
Sec. 34. Minnesota Statutes 1996, section 260.221, as
amended by Laws 1997, chapters 218, sections 10 and 11, and 239,
article 6, section 30, is amended to read:
260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.]
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
court may upon petition, terminate all rights of a parent to a
child:
(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; 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) the parent's parental rights to one or more other
children were involuntarily terminated under clause (1), (2),
(4), or (7), or under clause (5) 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 has resided out of the parental home under
court order for a cumulative period of more than one year within
a five-year period following an adjudication of dependency,
neglect, need for protection or services under section 260.015,
subdivision 2a, clause (1), (2), (3), (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. It is
presumed that conditions leading to a child's out-of-home
placement will not be corrected in the reasonably foreseeable
future upon a showing that the parent or parents have not
substantially complied with the court's orders and a reasonable
case plan, and the conditions which led to the out-of-home
placement have not been corrected; 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 a child has experienced egregious harm in the
parent's care which is of a nature, duration, or chronicity that
indicates a lack of regard for the child's well-being, such that
a reasonable person would believe it contrary to the best
interest of the child or of any child to be in the parent's
care; 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 259.49 and the person has
not registered with the putative fathers' adoption registry
under section 259.52; or
(8) that the child is neglected and in foster care; or
(9) that the parent has been convicted of a crime listed in
section 260.012, paragraph (b), clauses (1) to (3).
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.
Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of
subdivision 1, paragraph (b), clause (1):
(a) Abandonment is presumed when:
(1) the parent has had no contact with the child on a
regular basis and not demonstrated consistent interest in the
child's well-being for six months; and
(2) 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) the child is under two years of age and has been
deserted by the parent under circumstances that show an intent
not to return to care for the child.
The court is not prohibited from finding abandonment in the
absence of the presumptions in clauses (1) and (2).
(b) The following are prima facie evidence of abandonment
where adoption proceedings are pending and there has been a
showing that the person was not entitled to notice of an
adoption proceeding under section 259.49:
(1) failure to register with the putative fathers' adoption
registry under section 259.52; or
(2) if the person registered with the putative fathers'
adoption registry under section 259.52:
(i) filing a denial of paternity within 30 days of receipt
of notice under section 259.52, subdivision 8;
(ii) failing to timely file an intent to claim parental
rights with entry of appearance form within 30 days of receipt
of notice under section 259.52, subdivision 10; or
(iii) timely filing an intent to claim parental rights with
entry of appearance form within 30 days of receipt of notice
under section 259.52, subdivision 10, but failing to initiate a
paternity action within 30 days of receiving the putative
fathers' adoption registry notice where there has been no
showing of good cause for the delay.
Subd. 1b. [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a)
The county attorney shall file a termination of parental rights
petition within 30 days of a child's placement in out-of-home
care if the child has been subjected to egregious harm as
defined in section 260.015, subdivision 29, is the sibling of
another child of the parent who was subjected to egregious harm,
or is an abandoned infant as defined in subdivision 1a,
paragraph (a), clause (2). The local social services agency
shall concurrently identify, recruit, process, and approve an
adoptive family for the child. If a termination of parental
rights petition has been filed by another party the local social
services agency shall be joined as a party to the petition. 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.
(b) This requirement does not apply if the county attorney
determines and files with the court its determination that a
transfer of permanent legal and physical custody to a relative
is in the best interests of the child or there is a compelling
reason documented by the local social services agency that
filing the petition would not be in the best interests of the
child.
Subd. 1c. [CURRENT FOSTER CARE CHILDREN.] The county
attorney shall file a termination of parental rights petition or
other permanent placement proceeding under section 260.191,
subdivision 3b, for all children determined to be in need of
protection or services who are placed in out-of-home care for
reasons other than care or treatment of the child's disability,
and who are in out-of-home placement on the day following final
enactment of this section, and have been in out-of-home care for
15 of the most recent 22 months.
Subd. 2. [ADOPTIVE PARENT.] For purposes of subdivision 1,
clause (a), an adoptive parent may not terminate parental rights
to an adopted child for a reason that would not apply to a birth
parent seeking termination of parental rights to a child under
subdivision 1, clause (a).
Subd. 3. [WHEN PRIOR FINDING REQUIRED.] For purposes of
subdivision 1, clause (b), no prior judicial finding of
dependency, neglect, need for protection or services, or
neglected and in foster care is required, except as provided in
subdivision 1, clause (b), item (5).
Subd. 4. [BEST INTERESTS OF CHILD PARAMOUNT.] In any
proceeding under this section, the best interests of the child
must be the paramount consideration, provided that the
conditions in subdivision 1, clause (a), or at least one
condition in subdivision 1, clause (b), are found by the court.
In proceedings involving an American Indian child, as defined in
section 257.351, subdivision 6, the best interests of the child
must be determined consistent with the Indian Child Welfare Act
of 1978, United States Code, title 25, section 1901, et seq.
Where the interests of parent and child conflict, the interests
of the child are paramount.
Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any
proceeding under this section, the court shall make specific
findings:
(1) regarding the nature and extent of efforts made by the
social service agency to rehabilitate the parent and reunite the
family;
(2) that provision of services or further services for the
purpose of rehabilitation and reunification is futile and
therefore unreasonable under the circumstances; or
(3) that reasonable efforts at reunification is are not
required because the parent has been convicted of a crime listed
in section 260.012, paragraph (b), clauses (1) to (3) as
provided under section 260.012.
Sec. 35. Minnesota Statutes 1997 Supplement, section
260.241, subdivision 3, is amended to read:
Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A
certified copy of the findings and the order terminating
parental rights, and a summary of the court's information
concerning the child shall be furnished by the court to the
commissioner or the agency to which guardianship is
transferred. The orders shall be on a document separate from
the findings. The court shall furnish the individual to whom
guardianship is transferred a copy of the order terminating
parental rights.
(b) The court shall retain jurisdiction in a case where
adoption is the intended permanent placement disposition. The
guardian ad litem and counsel for the child shall continue on
the case until an adoption decree is entered. A hearing must be
held every 90 days following termination of parental rights for
the court to review progress toward an adoptive placement and
the specific recruitment efforts the agency has taken to find an
adoptive family or other placement living arrangement for the
child and to finalize the adoption or other permanency plan.
(c) The court shall retain jurisdiction in a case where
long-term foster care is the permanent disposition. The
guardian ad litem and counsel for the child must be dismissed
from the case on the effective date of the permanent placement
order. However, the foster parent and the child, if of
sufficient age, must be informed how they may contact a guardian
ad litem if the matter is subsequently returned to court.
Sec. 36. Minnesota Statutes 1996, section 626.556, is
amended by adding a subdivision to read:
Subd. 11d. [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY
CASES.] (a) The definitions in this paragraph apply to this
section.
(1) "Child fatality" means the death of a child from
suspected abuse, neglect, or maltreatment.
(2) "Near fatality" means a case in which a physician
determines that a child is in serious or critical condition as
the result of sickness or injury caused by suspected abuse,
neglect, or maltreatment.
(3) "Findings and information" means a written summary
described in paragraph (c) of actions taken or services rendered
by a local social services agency following receipt of a report.
(b) Notwithstanding any other provision of law and subject
to this subdivision, a public agency shall disclose to the
public, upon request, the findings and information related to a
child fatality or near fatality if:
(1) a person is criminally charged with having caused the
child fatality or near fatality; or
(2) a county attorney certifies that a person would have
been charged with having caused the child fatality or near
fatality but for that person's death.
(c) Findings and information disclosed under this
subdivision consist of a written summary that includes any of
the following information the agency is able to provide:
(1) the dates, outcomes, and results of any actions taken
or services rendered;
(2) the results of any review of the state child mortality
review panel, a local child mortality review panel, a local
community child protection team, or any public agency; and
(3) confirmation of the receipt of all reports, accepted or
not accepted, by the local welfare agency for assessment of
suspected child abuse, neglect, or maltreatment, including
confirmation that investigations were conducted, the results of
the investigations, a description of the conduct of the most
recent investigation and the services rendered, and a statement
of the basis for the agency's determination.
(d) Nothing in this subdivision authorizes access to the
private data in the custody of a local social services agency,
or the disclosure to the public of the records or content of any
psychiatric, psychological, or therapeutic evaluations, or the
disclosure of information that would reveal the identities of
persons who provided information related to suspected abuse,
neglect, or maltreatment of the child.
(e) A person whose request is denied may apply to the
appropriate court for an order compelling disclosure of all or
part of the findings and information of the public agency. The
application must set forth, with reasonable particularity,
factors supporting the application. The court has jurisdiction
to issue these orders. Actions under this section must be set
down for immediate hearing, and subsequent proceedings in those
actions must be given priority by the appellate courts.
(f) A public agency or its employees acting in good faith
in disclosing or declining to disclose information under this
section are immune from criminal or civil liability that might
otherwise be incurred or imposed for that action.
Sec. 37. [INCONSISTENT AMENDMENTS.]
The amendments to Minnesota Statutes in this article
prevail over any inconsistent amendments to the same statutes
contained in 1998 S.F. No. 3346, if enacted.
Sec. 38. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that:
(1) sections 11 and 32 are effective July 1, 1998;
(2) section 20 is effective retroactive to July 1, 1997,
and applies to communication or contact agreements entered into
on or after that date; and
(3) section 30 and the provisions of section 33, paragraphs
(a) and (c), that apply to children under eight years of age,
are effective July 1, 1999.
The amendments to Minnesota Statutes 1997 Supplement,
section 260.191, subdivision 1; and the amendments to Minnesota
Statutes 1997 Supplement, section 260.191, subdivision 3b,
paragraphs (a) and (c), relating to children under eight years
of age, that are contained in 1998 S.F. No. 3346, if enacted,
are effective July 1, 1999.
ARTICLE 2
CONCURRENT PERMANENCY PLANNING
Section 1. Minnesota Statutes 1997 Supplement, section
256F.05, subdivision 8, is amended to read:
Subd. 8. [USES OF FAMILY PRESERVATION FUND GRANTS.] (a) A
county which has not demonstrated that year that its family
preservation core services are developed as provided in
subdivision 1a, must use its family preservation fund grant
exclusively for family preservation services defined in section
256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
(b) A county which has demonstrated that year that its
family preservation core services are developed becomes eligible
either to continue using its family preservation fund grant as
provided in paragraph (a), or to exercise the expanded service
option under paragraph (c).
(c) The expanded service option permits an eligible county
to use its family preservation fund grant for child welfare
preventive services. For purposes of this section, child
welfare preventive services are those services directed toward a
specific child or family that further the goals of section
256F.01 and include assessments, family preservation services,
service coordination, community-based treatment, crisis nursery
services when the parents retain custody and there is no
voluntary placement agreement with a child-placing agency,
respite care except when it is provided under a medical
assistance waiver, home-based services, and other related
services. For purposes of this section, child welfare
preventive services shall not include shelter care or other
placement services under the authority of the court or public
agency to address an emergency. To exercise this option, an
eligible county must notify the commissioner in writing of its
intention to do so no later than 30 days into the quarter during
which it intends to begin or in its county plan, as provided in
section 256F.04, subdivision 2. Effective with the first day of
that quarter, the county must maintain its base level of
expenditures for child welfare preventive services and use the
family preservation fund to expand them. The base level of
expenditures for a county shall be that established under
section 256F.10, subdivision 7. For counties which have no such
base established, a comparable base shall be established with
the base year being the calendar year ending at least two
calendar quarters before the first calendar quarter in which the
county exercises its expanded service option. The commissioner
shall, at the request of the counties, reduce, suspend, or
eliminate either or both of a county's obligations to continue
the base level of expenditures and to expand child welfare
preventive services under extraordinary circumstances.
(d) Notwithstanding paragraph (a), a county that is
participating in the concurrent permanency planning program
under section 257.0711 may use its family preservation fund
grant for that program.
Sec. 2. [257.0711] [CONCURRENT PERMANENCY PLANNING.]
Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of
human services shall establish a program for concurrent
permanency planning for child protection services.
(b) Concurrent permanency planning involves a planning
process for children who are placed out of the home of their
parents pursuant to a court order, or who have been voluntarily
placed out of the home by the parents for 60 days or more and
who are not developmentally disabled or emotionally handicapped
under section 257.071, subdivision 4. The local social service
agency shall develop an alternative permanency plan while making
reasonable efforts for reunification of the child with the
family, if required by section 260.012. The goals of concurrent
permanency planning are to:
(1) achieve early permanency for children;
(2) decrease children's length of stay in foster care and
reduce the number of moves children experience in foster care;
and
(3) develop a group of families who will work towards
reunification and also serve as permanent families for children.
Subd. 2. [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The
commissioner shall establish guidelines and protocols for social
service agencies involved in concurrent permanency planning,
including criteria for conducting concurrent permanency planning
based on relevant factors such as:
(1) age of the child and duration of out-of-home placement;
(2) prognosis for successful reunification with parents;
(3) availability of relatives and other concerned
individuals to provide support or a permanent placement for the
child; and
(4) special needs of the child and other factors affecting
the child's best interests.
In developing the guidelines and protocols, the
commissioner shall consult with interest groups within the child
protection system, including child protection workers, child
protection advocates, county attorneys, law enforcement,
community service organizations, the councils of color, and the
ombudsperson for families.
Subd. 3. [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent
permanency planning programs must include involvement of parents
and full disclosure of their rights and responsibilities; goals
of concurrent permanency planning; support services that are
available for families; permanency options; and the consequences
of not complying with case plans.
Subd. 4. [TECHNICAL ASSISTANCE.] The commissioner of human
services shall provide ongoing technical assistance, support,
and training for local social service agencies and other
individuals and agencies involved in concurrent permanency
planning.
Subd. 5. [AVAILABILITY OF FUNDING.] The requirements of
this section relating to concurrent permanency planning are
effective only for state fiscal years when aid is distributed
under section 256F.05 for concurrent permanency planning.
Sec. 3. [EVALUATION AND REPORT.]
The commissioner shall develop a detailed plan for
evaluating concurrent permanency planning programs, based on
identifiable goals and factors, including those specified in
section 1, subdivision 1. The plan must also include an
evaluation of the fiscal impact of concurrent planning,
including the effect on costs of out-of-home placement. The
evaluation must incorporate input and recommendations from
counties. By January 15, 2001, the commissioner shall report to
the appropriate committees in the legislature on the operation
of the concurrent planning programs and the results of the
evaluation under this section.
Sec. 4. [INCONSISTENT AMENDMENTS.]
The amendment to Minnesota Statutes 1997 Supplement,
section 256F.05, subdivision 8, contained in section 1, prevails
over the amendment to Minnesota Statutes 1997 Supplement,
section 256F.05, subdivision 8, contained in 1998 S.F. No. 3346,
if enacted.
ARTICLE 3
CHILD WELFARE SERVICES PLAN
Section 1. [CHILD WELFARE SERVICES PLAN.]
By January 15, 1999, the commissioner of human services
shall submit to the legislature a statewide plan for child
welfare services consistent with the five-year comprehensive
child and family services plan required for title IV-B, 1 and 2
of the Social Security Act. The plan must establish statewide
and county-specific performance targets for improved outcomes
for the safety, permanency, and well-being of children and
families and reform of the service delivery system. The plan
must set prioritized goals and measurable objectives for a child
and family service continuum that includes family support and
family preservation services; child welfare services such as
child abuse and neglect prevention, intervention, and treatment
services; and services to support reunification, adoption,
kinship care, foster care, independent living, or other
permanent living arrangement. The plan should set baseline
measures and timetables for accomplishment of the goals and
include specific legislative, budget, or administrative
recommendations necessary to implement the plan. The
commissioner should incorporate in the plan baseline data from
the semiannual report on children in out-of-home placement
required under Minnesota Statutes, section 257.0725, and other
data sources related to child welfare services including social
service information.
The commissioner of human services shall also submit to the
legislature by January 15 of each year a copy of the annual
progress and service report of its child and family services
plan required by the federal government for child welfare
services under title IV-B, 1 and 2 of the Social Security Act.
The document will report on specific accomplishments made in
meeting the prior year's goals and objectives and describe
proposed revisions in the plan's goals, objectives, and training
plan.
The commissioner of human services shall make these plans
available for public distribution by placing a notice of their
availability in the State Register no later than ten days
following the date of their submission.
ARTICLE 4
CHILD PROTECTIVE SERVICES
Section 1. Minnesota Statutes 1996, 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 ensure the
child's safety and 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 safely prevent the
removal of the child from the home or to safely 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 safely prevent
placement or reunify the family if such services were available;
and
(7) the need for continued monitoring of the child and
family by the appropriate local social services agency once the
family has completed all services required in the case plan.
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. 2. Minnesota Statutes 1996, section 626.556,
subdivision 10, is amended to read:
Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW
ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report
alleges neglect, physical abuse, or sexual abuse by a parent,
guardian, or individual functioning within the family unit as a
person responsible for the child's care, the local welfare
agency shall immediately conduct an assessment and offer
protective social services for purposes of preventing further
abuses, safeguarding and enhancing the welfare of the abused or
neglected minor, and preserving family life whenever possible.
If the report alleges a violation of a criminal statute
involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement
agency and local welfare agency shall coordinate the planning
and execution of their respective investigation and assessment
efforts to avoid a duplication of fact-finding efforts and
multiple interviews. Each agency shall prepare a separate
report of the results of its investigation. In cases of alleged
child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment
occurred. When necessary the local welfare agency shall seek
authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing
any of these duties, the local welfare agency shall maintain
appropriate records.
(b) When a local agency receives a report or otherwise has
information indicating that a child who is a client, as defined
in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as
defined in section 245.91, it shall, in addition to its other
duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97.
(c) Authority of the local welfare agency responsible for
assessing the child abuse or neglect report and of the local law
enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview,
without parental consent, the alleged victim and any other
minors who currently reside with or who have resided with the
alleged offender. The interview may take place at school or at
any facility or other place where the alleged victim or other
minors might be found or the child may be transported to, and
the interview conducted at, a place appropriate for the
interview of a child designated by the local welfare agency or
law enforcement agency. The interview may take place outside
the presence of the alleged offender or parent, legal custodian,
guardian, or school official. Except as provided in this
paragraph, the parent, legal custodian, or guardian shall be
notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or
assessment that this interview has occurred. Notwithstanding
rule 49.02 of the Minnesota rules of procedure for juvenile
courts, the juvenile court may, after hearing on an ex parte
motion by the local welfare agency, order that, where reasonable
cause exists, the agency withhold notification of this interview
from the parent, legal custodian, or guardian. If the interview
took place or is to take place on school property, the order
shall specify that school officials may not disclose to the
parent, legal custodian, or guardian the contents of the
notification of intent to interview the child on school
property, as provided under this paragraph, and any other
related information regarding the interview that may be a part
of the child's school record. A copy of the order shall be sent
by the local welfare or law enforcement agency to the
appropriate school official.
(d) When the local welfare or local law enforcement agency
determines that an interview should take place on school
property, written notification of intent to interview the child
on school property must be received by school officials prior to
the interview. The notification shall include the name of the
child to be interviewed, the purpose of the interview, and a
reference to the statutory authority to conduct an interview on
school property. For interviews conducted by the local welfare
agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The
notification shall be private data on individuals subject to the
provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the
notification or any other related information regarding the
interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been
concluded. Until that time, the local welfare or law
enforcement agency shall be solely responsible for any
disclosures regarding the nature of the assessment or
investigation.
Except where the alleged offender is believed to be a
school official or employee, the time and place, and manner of
the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement
agency shall have the exclusive authority to determine who may
attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be
reasonable and the interview shall be conducted not more than 24
hours after the receipt of the notification unless another time
is considered necessary by agreement between the school
officials and the local welfare or law enforcement agency.
Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply.
Every effort must be made to reduce the disruption of the
educational program of the child, other students, or school
staff when an interview is conducted on school premises.
(e) Where the alleged offender or a person responsible for
the care of the alleged victim or other minor prevents access to
the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or
guardian to produce the alleged victim or other minor for
questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender
or any person responsible for the child's care at reasonable
places and times as specified by court order.
(f) Before making an order under paragraph (e), the court
shall issue an order to show cause, either upon its own motion
or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the
hearing. The order to show cause shall be served personally and
shall be heard in the same manner as provided in other cases in
the juvenile court. The court shall consider the need for
appointment of a guardian ad litem to protect the best interests
of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.
(g) The commissioner, the ombudsman for mental health and
mental retardation, the local welfare agencies responsible for
investigating reports, and the local law enforcement agencies
have the right to enter facilities as defined in subdivision 2
and to inspect and copy the facility's records, including
medical records, as part of the investigation. Notwithstanding
the provisions of chapter 13, they also have the right to inform
the facility under investigation that they are conducting an
investigation, to disclose to the facility the names of the
individuals under investigation for abusing or neglecting a
child, and to provide the facility with a copy of the report and
the investigative findings.
(h) The local welfare agency shall collect available and
relevant information to ascertain whether maltreatment occurred
and whether protective services are needed. Information
collected includes, when relevant, information with regard to
the person reporting the alleged maltreatment, including the
nature of the reporter's relationship to the child and to the
alleged offender, and the basis of the reporter's knowledge for
the report; the child allegedly being maltreated; the alleged
offender; the child's caretaker; and other collateral sources
having relevant information related to the alleged
maltreatment. The local welfare agency may make a determination
of no maltreatment early in an assessment, and close the case
and retain immunity, if the collected information shows no basis
for a full assessment or investigation.
Information relevant to the assessment or investigation
must be asked for, and may include:
(1) the child's sex and age, prior reports of maltreatment,
information relating to developmental functioning, credibility
of the child's statement, and whether the information provided
under this clause is consistent with other information collected
during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior
reports of maltreatment, and criminal charges and convictions.
The local welfare agency must provide the alleged offender with
an opportunity to make a statement. The alleged offender may
submit supporting documentation relevant to the assessment or
investigation;
(3) collateral source information regarding the alleged
maltreatment and care of the child. Collateral information
includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged
maltreatment or the care of the child and an interview with the
treating professionals; and (iii) interviews with the child's
caretakers, including the child's parent, guardian, foster
parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge
regarding the alleged maltreatment and the care of the child;
and
(4) information on the existence of domestic abuse and
violence in the home of the child.
Nothing in this paragraph precludes the local welfare
agency from collecting other relevant information necessary to
conduct the assessment or investigation. Notwithstanding the
data's classification in the possession of any other agency,
data acquired by the local welfare agency during the course of
the assessment or investigation are private data on individuals
and must be maintained in accordance with subdivision 11.
(i) In the initial stages of an assessment or
investigation, the local welfare agency shall conduct a
face-to-face observation of the child reported to be maltreated
and a face-to-face interview of the alleged offender. The
interview with the alleged offender may be postponed if it would
jeopardize an active law enforcement investigation.
(j) The local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as
possible to elicit spontaneous responses. The following
interviewing methods and procedures must be used whenever
possible when collecting information:
(1) audio recordings of all interviews with witnesses and
collateral sources; and
(2) in cases of alleged sexual abuse, audio-video
recordings of each interview with the alleged victim and child
witnesses.
Sec. 3. Minnesota Statutes 1997 Supplement, section
626.556, subdivision 10e, is amended to read:
Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every
assessment or investigation it conducts, the local welfare
agency shall make two determinations: first, whether
maltreatment has occurred; and second, whether child protective
services are needed. When maltreatment is determined in an
investigation involving a facility, the investigating agency
shall also determine whether the facility or individual was
responsible for the maltreatment using the mitigating factors in
paragraph (d). Determinations under this subdivision must be
made based on a preponderance of the evidence.
(a) For the purposes of this subdivision, "maltreatment"
means any of the following acts or omissions committed by a
person responsible for the child's care:
(1) physical abuse as defined in subdivision 2, paragraph
(d);
(2) neglect as defined in subdivision 2, paragraph (c);
(3) sexual abuse as defined in subdivision 2, paragraph
(a); or
(4) mental injury as defined in subdivision 2, paragraph
(k).
(b) For the purposes of this subdivision, a determination
that child protective services are needed means that the local
welfare agency has documented conditions during the assessment
or investigation sufficient to cause a child protection worker,
as defined in section 626.559, subdivision 1, to conclude that a
child is at significant risk of maltreatment if protective
intervention is not provided and that the individuals
responsible for the child's care have not taken or are not
likely to take actions to protect the child from maltreatment or
risk of maltreatment.
(c) This subdivision does not mean that maltreatment has
occurred solely because the child's parent, guardian, or other
person responsible for the child's care in good faith selects
and depends upon spiritual means or prayer for treatment or care
of disease or remedial care of the child, in lieu of medical
care. However, if lack of medical care may result in serious
danger to the child's health, the local welfare agency may
ensure that necessary medical services are provided to the child.
(d) When determining whether the facility or individual is
the responsible party for determined maltreatment in a facility,
the investigating agency shall consider at least the following
mitigating factors:
(1) whether the actions of the facility or the individual
caregivers were according to, and followed the terms of, an
erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the
facility or caregiver was responsible for the issuance of the
erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no
reasonable measures to correct the defect before administering
care;
(2) comparative responsibility between the facility, other
caregivers, and requirements placed upon an employee, including
the facility's compliance with related regulatory standards and
the adequacy of facility policies and procedures, facility
training, an individual's participation in the training, the
caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and
(3) whether the facility or individual followed
professional standards in exercising professional judgment.
(e) The commissioner shall work with the maltreatment of
minors advisory committee established under Laws 1997, chapter
203, to make recommendations to further specify the kinds of
acts or omissions that constitute physical abuse, neglect,
sexual abuse, or mental injury. The commissioner shall submit
the recommendation and any legislation needed by January 15,
1999. Individual counties may implement more detailed
definitions or criteria that indicate which allegations to
investigate, as long as a county's policies are consistent with
the definitions in the statutes and rules and are approved by
the county board. Each local welfare agency shall periodically
inform mandated reporters under subdivision 3 who work in the
county of the definitions of maltreatment in the statutes and
rules and any additional definitions or criteria that have been
approved by the county board.
Sec. 4. Minnesota Statutes 1996, section 626.556, is
amended by adding a subdivision to read:
Subd. 10j. [RELEASE OF DATA TO MANDATED REPORTERS.] A
local social service or child protection agency may provide
relevant private data on individuals obtained under this section
to mandated reporters who have an ongoing responsibility for the
health, education, or welfare of a child affected by the data.
The commissioner shall consult with the maltreatment of minors
advisory committee to develop criteria for determining which
records may be shared with mandated reporters under this
subdivision.
Sec. 5. Minnesota Statutes 1996, section 626.556, is
amended by adding a subdivision to read:
Subd. 10k. [RELEASE OF CERTAIN INVESTIGATIVE RECORDS TO
OTHER COUNTIES.] Records maintained under subdivision 11c,
paragraph (a), may be shared with another local welfare agency
that requests the information because it is conducting an
investigation under this section of the subject of the records.
Sec. 6. Minnesota Statutes 1997 Supplement, section
626.556, subdivision 11c, is amended to read:
Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL
RECORDS MAINTAINED.] Notwithstanding sections 138.163 and
138.17, records maintained or records derived from reports of
abuse by local welfare agencies, court services agencies, or
schools under this section shall be destroyed as provided in
paragraphs (a) to (d) by the responsible authority.
(a) If upon assessment or investigation there is no
determination of maltreatment or the need for child protective
services, the records may must be maintained for a period of
four years. After the individual alleged to have maltreated a
child is notified under subdivision 10f of the determinations at
the conclusion of the assessment or investigation, upon that
individual's request, records shall be destroyed within 30 days
or after the appeal rights under subdivision 10i have been
concluded, whichever is later. Records under this paragraph may
not be used for employment, background checks, or purposes other
than to assist in future risk and safety assessments.
(b) All records relating to reports which, upon assessment
or investigation, indicate either maltreatment or a need for
child protective services shall be maintained for at least ten
years after the date of the final entry in the case record.
(c) All records regarding a report of maltreatment,
including any notification of intent to interview which was
received by a school under subdivision 10, paragraph (d), shall
be destroyed by the school when ordered to do so by the agency
conducting the assessment or investigation. The agency shall
order the destruction of the notification when other records
relating to the report under investigation or assessment are
destroyed under this subdivision.
(d) Private or confidential data released to a court
services agency under subdivision 10h must be destroyed by the
court services agency when ordered to do so by the local welfare
agency that released the data. The local welfare agency shall
order destruction of the data when other records relating to the
assessment or investigation are destroyed under this subdivision.
Sec. 7. Minnesota Statutes 1996, section 626.556, is
amended by adding a subdivision to read:
Subd. 15. [AUDITING.] The commissioner of human services
shall regularly audit for accuracy the data reported by counties
on maltreatment of minors.
Sec. 8. [RISK ASSESSMENT; PERFORMANCE MEASURES; EXTERNAL
REVIEW.]
Subdivision 1. [RISK ASSESSMENT ALTERNATIVES.]
Notwithstanding any rule to the contrary, the commissioner of
human services may authorize local welfare agencies to research
and conduct pilot projects for alternative methods of child
protection risk assessment. The commissioner shall give
priority to the establishment of at least one pilot project that
includes a study of domestic abuse and violence in the home as a
risk factor for children. The commissioner shall report to the
appropriate committees in the house of representatives and the
senate on the outcomes of research and risk assessment pilot
projects by January 15, 2000.
Subd. 2. [PERFORMANCE MEASUREMENT.] (a) The commissioner
of human services shall establish a task force of county and
state officials to identify:
(1) statewide measures of the performance of child welfare
services, including, but not limited to, screening, early
intervention services, assessment, number, episodes, and length
of stay in out-of-home placement, permanency, and adoption, and
steps needed to collect reliable information on these measures;
and
(2) potentially useful practices that individual counties
could use to monitor and evaluate child welfare services.
(b) The task force shall report its findings to the
commissioner by January 15, 1999. The commissioner shall
recommend to appropriate committees of the legislature during
the 1999 regular session any legislative action required to
implement task force recommendations.
Subd. 3. [COORDINATION OF CHILD WELFARE AND DOMESTIC ABUSE
SERVICES.] The commissioner of human services shall work with
the maltreatment of minors advisory committee established under
Laws 1997, chapter 203, to study and evaluate the opportunities
for coordination or integration of child welfare and domestic
abuse services for children and parents. The commissioner shall
consult with consumers and child protection and domestic abuse
advocates. The commissioner shall submit a report to the
legislature by January 15, 1999, that includes recommendations
for improving coordination between the domestic abuse and child
welfare systems for further integration of services.
Sec. 9. [PLAN FOR EXTERNAL REVIEWS.]
By January 15, 1999, the commissioner of human services
shall present to the appropriate committees in the senate and
the house of representatives a plan for periodic external
reviews of:
(1) county compliance with state statutes and rules in the
area of child protection; and
(2) the appropriateness of decisions by county child
protection agencies in selected individual cases.
Nothing in section 8 or 9 prevents the commissioner from
developing and implementing performance measurement plans for
periodic reviews and best practices before January 15, 1999.
ARTICLE 5
FUNDING ALLOCATION
Section 1. [ALLOCATION OF FAMILY PRESERVATION FUNDS.]
Of the $10,000,000 transferred for family preservation
program funding under 1998 S.F. No. 3346, if enacted, or other
legislation containing a similar funding transfer, $9,300,000 is
to be allocated to counties based on the family preservation
allocation formula in Minnesota Statutes, chapter 256F. The
counties shall use the funds allocated under this section to
comply with the concurrent permanency planning requirements in
Minnesota Statutes, section 257.0711. When a county is in
compliance with the concurrent permanency planning requirements,
the county may use any excess funding from the allocation for
other services under Minnesota Statutes, chapter 256F.
Of the amount transferred, $200,000 is to the commissioner
of human services for mediation training for relative care
conferencing under Minnesota Statutes, section 626.5565.
Of the amount transferred, $200,000 is to the commissioner
of human services for independent evaluation of the concurrent
permanency planning program under Minnesota Statutes, section
257.0711.
Of the amount transferred, $300,000 is for administrative
costs associated with developing the concurrent permanency
planning program and providing training, and for conducting
external reviews of county child protection practices related to
the provisions in article 4.
Presented to the governor April 10, 1998
Signed by the governor April 20, 1998, 11:32 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes