Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 178-S.F.No. 1394
An act relating to human services; changing child
placement provisions; modifying provisions governing
child maltreatment investigations; classifying data
and authorizing data sharing; imposing certain duties;
requiring a study and report; amending Minnesota
Statutes 2000, sections 13.319, by adding a
subdivision; 13.32, subdivision 3; 13.43, by adding a
subdivision; 13.46, subdivision 2; 119B.02, by adding
a subdivision; 144.225, by adding a subdivision;
256.01, subdivision 2; 256.045, subdivision 3b;
260.012; 260C.007, subdivisions 4, 14, by adding
subdivisions; 260C.141, subdivision 2; 260C.151,
subdivision 6; 260C.178, subdivisions 1, 7; 260C.193,
subdivision 3; 260C.201, subdivisions 1, 2, 5, 6, 7,
10, 11, by adding a subdivision; 260C.205; 260C.212,
subdivisions 1, 2, 4, 5, 7, 8, 9; 260C.215,
subdivision 6; 260C.301, subdivisions 1, 3, 4, 8;
260C.312; 260C.317, subdivision 3; 260C.325,
subdivision 4; 626.556, subdivisions 2, 3, 4, 7, 10,
10b, 10d, 10e, 10i, 10j, 11; proposing coding for new
law in Minnesota Statutes, chapter 256F; repealing
Minnesota Statutes 2000, sections 260C.325,
subdivision 2; 626.5565.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD PLACEMENT
Section 1. Minnesota Statutes 2000, section 144.225, is
amended by adding a subdivision to read:
Subd. 2b. [COMMISSIONER OF HEALTH;
DUTIES.] Notwithstanding the designation of certain of this data
as confidential under subdivision 2 or private under subdivision
2a, the commissioner shall give the commissioner of human
services access to birth record data and data contained in
recognitions of parentage prepared according to section 257.75
necessary to enable the commissioner of human services to
identify a child who is subject to threatened injury, as defined
in section 626.556, subdivision 2, paragraph (l), by a person
responsible for the child's care, as defined in section 626.556,
subdivision 2, paragraph (b), clause (1). The commissioner
shall be given access to all data included on official birth
certificates.
Sec. 2. Minnesota Statutes 2000, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner. Administration and
supervision of human services activities or services includes,
but is not limited to, assuring timely and accurate distribution
of benefits, completeness of service, and quality program
management. In addition to administering and supervising human
services activities vested by law in the department, the
commissioner shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services,
enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit
determinations;
(d) require county agencies to make an adjustment to the
public assistance benefits issued to any individual consistent
with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017;
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and
individuals, using appropriated funds; and
(g) enter into contractual agreements with federally
recognized Indian tribes with a reservation in Minnesota to the
extent necessary for the tribe to operate a federally approved
family assistance program or any other program under the
supervision of the commissioner. The commissioner shall consult
with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be
included, in order to avoid the duplication of county and tribal
assistance program services. The commissioner may establish
necessary accounts for the purposes of receiving and disbursing
funds as necessary for the operation of the programs.
(2) Inform county agencies, on a timely basis, of changes
in statute, rule, federal law, regulation, and policy necessary
to county agency administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(4) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) Act as designated guardian of both the estate and the
person of all the wards of the state of Minnesota, whether by
operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as
mentally retarded. For children under the guardianship of the
commissioner whose interests would be best served by adoptive
placement, the commissioner may contract with a licensed
child-placing agency or a Minnesota tribal social services
agency to provide adoption services. A contract with a licensed
child-placing agency must be designed to supplement existing
county efforts and may not replace existing county programs,
unless the replacement is agreed to by the county board and the
appropriate exclusive bargaining representative or the
commissioner has evidence that child placements of the county
continue to be substantially below that of other counties.
Funds encumbered and obligated under an agreement for a specific
child shall remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by county agencies
for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs
of medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) The secretary of health and human services of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(b) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) According to federal requirements, establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children program formerly codified in
sections 256.72 to 256.87, medical assistance, or food stamp
program in the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs. For the medical assistance and the AFDC program
formerly codified in sections 256.72 to 256.87, disallowances
shall be shared by each county board in the same proportion as
that county's expenditures for the sanctioned program are to the
total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical
assistance programs. For the food stamp program, sanctions
shall be shared by each county board, with 50 percent of the
sanction being distributed to each county in the same proportion
as that county's administrative costs for food stamps are to the
total of all food stamp administrative costs for all counties,
and 50 percent of the sanctions being distributed to each county
in the same proportion as that county's value of food stamp
benefits issued are to the total of all benefits issued for all
counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the
amount due hereunder, the commissioner may deduct the amount
from reimbursement otherwise due the county, or the attorney
general, upon the request of the commissioner, may institute
civil action to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $1,000,000. When the balance in the account
exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to
facilities providing shelter to women and their children
according to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments
under section 256D.05, subdivision 3, the commissioner shall
review all relevant evidence and make a determination within 30
days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days
shall be considered a determination not to issue direct payments.
(17) Have the authority to establish and enforce the
following county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure
of funds allocated to counties for human services programs.
When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in
consultation with the counties, to determine if the reports can
be simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly
reports to the department as required by the commissioner.
Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the
commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal
deadlines or risking a loss of federal funding. Only reports
that are complete, legible, and in the required format shall be
accepted by the commissioner.
(c) If the required reports are not received by the
deadlines established in clause (b), the commissioner may delay
payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction
in federal funding, the commissioner shall withhold from the
county boards with late reports an amount equal to the reduction
in federal funding until full federal funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out
of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant,
the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the
county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was
originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the
county board must repay any funds associated with the report
received for that reporting period.
(f) The commissioner may not delay payments, withhold
funds, or require repayment under paragraph (c) or (e) if the
county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to
enable the county to comply with the requirements. If the
county board disagrees with an action taken by the commissioner
under paragraph (c) or (e), the county board may appeal the
action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under
paragraph (c) or forfeiture or repayment of funds under
paragraph (e) shall not reduce or withhold benefits or services
to clients to cover costs incurred due to actions taken by the
commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions
are based on a statewide random sample for the foster care
program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's
title IV-E foster care maintenance claim for that period.
(19) Be responsible for ensuring the detection, prevention,
investigation, and resolution of fraudulent activities or
behavior by applicants, recipients, and other participants in
the human services programs administered by the department.
(20) Require county agencies to identify overpayments,
establish claims, and utilize all available and cost-beneficial
methodologies to collect and recover these overpayments in the
human services programs administered by the department.
(21) Have the authority to administer a drug rebate program
for drugs purchased pursuant to the prescription drug program
established under section 256.955 after the beneficiary's
satisfaction of any deductible established in the program. The
commissioner shall require a rebate agreement from all
manufacturers of covered drugs as defined in section 256B.0625,
subdivision 13. Rebate agreements for prescription drugs
delivered on or after July 1, 2002, must include rebates for
individuals covered under the prescription drug program who are
under 65 years of age. For each drug, the amount of the rebate
shall be equal to the basic rebate as defined for purposes of
the federal rebate program in United States Code, title 42,
section 1396r-8(c)(1). This basic rebate shall be applied to
single-source and multiple-source drugs. The manufacturers must
provide full payment within 30 days of receipt of the state
invoice for the rebate within the terms and conditions used for
the federal rebate program established pursuant to section 1927
of title XIX of the Social Security Act. The manufacturers must
provide the commissioner with any information necessary to
verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate
program established pursuant to section 1927 of title XIX of the
Social Security Act.
(22) Operate the department's communication systems account
established in Laws 1993, First Special Session chapter 1,
article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs
the commissioner supervises. A communications account may also
be established for each regional treatment center which operates
communications systems. Each account must be used to manage
shared communication costs necessary for the operations of the
programs the commissioner supervises. The commissioner may
distribute the costs of operating and maintaining communication
systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance,
maintenance, repair, staff time and other costs as determined by
the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of
programs the commissioner supervises may participate in the use
of the department's communications technology and share in the
cost of operation. The commissioner may accept on behalf of the
state any gift, bequest, devise or personal property of any
kind, or money tendered to the state for any lawful purpose
pertaining to the communication activities of the department.
Any money received for this purpose must be deposited in the
department's communication systems accounts. Money collected by
the commissioner for the use of communication systems must be
deposited in the state communication systems account and is
appropriated to the commissioner for purposes of this section.
(23) Receive any federal matching money that is made
available through the medical assistance program for the
consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this
purpose. The commissioner may expend the federal money received
for the consumer satisfaction survey in either year of the
biennium.
(24) Incorporate cost reimbursement claims from First Call
Minnesota into the federal cost reimbursement claiming processes
of the department according to federal law, rule, and
regulations. Any reimbursement received is appropriated to the
commissioner and shall be disbursed to First Call Minnesota
according to normal department payment schedules.
(25) Develop recommended standards for foster care homes
that address the components of specialized therapeutic services
to be provided by foster care homes with those services.
Sec. 3. [256F.14] [FAMILY GROUP DECISION-MAKING.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, family includes relatives of the child. "Relative"
means an adult who is a stepparent, grandparent, brother,
sister, uncle, aunt, or other extended family member of the
minor by blood, marriage, or adoption. Relative also includes
anyone with whom the child has resided or had a significant
relationship.
For an Indian child, "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 law or custom, nieces,
nephews, or first or second cousins, as provided in the Indian
Child Welfare Act of 1978, United States Code, title 25, section
1903.
(b) For purposes of this section, "relative care" means one
or more of the following: respite care, a monitoring agreement,
a designated caregiver agreement under chapter 257A, access to
information about a child, the right to make decisions about a
child's residence, education, religious training, or health
care, a custody consent decree under section 257.0215, or joint
or sole legal or physical custody of a child. Relative care may
also mean the voluntary establishment of an order permanently
placing the child away from the care of the parent under section
260C.201, subdivision 11.
(c) For purposes of this section, "relative care agreement"
means an agreement regarding the care of a child that has been
reached by the parents and interested relatives of the child
after the parents and interested relatives have participated in
a family group decision-making meeting under this section. It
may include relative care, the provision of services by the
responsible social services agency, or any other legally
available plan that protects the safety and stability of the
child.
Subd. 2. [FAMILY GROUP DECISION-MAKING MEETING.] A
responsible social services agency may proceed under this
section if it appears at any point in a particular case that a
family group decision-making meeting may be in the best
interests of the child. The responsible social services agency
may select a facilitator to convene and facilitate such a
meeting.
The purpose of the family group decision-making meeting is
to have the parent or parents and relatives of a child develop a
plan to provide for the safety and stability of the child. The
outcome of a family group decision-making meeting may be a
relative care agreement or any other agreement between the
parents, the relatives, and, where appropriate, the child and
the responsible social services agency that addresses the safety
and permanency needs of the child including an agreement to
voluntarily establish an order permanently placing the child out
of the care of the parent under section 260C.201, subdivision 11.
Subd. 3. [FACILITATOR TRAINING; IMMUNITY.] A facilitator
must receive 12 hours of training in family group
decision-making or similar training prior to facilitating a
family group decision-making meeting. A facilitator who
complies with the training requirement of this subdivision and
acts in good faith has immunity from criminal or civil liability
that might otherwise arise from the actions of the facilitator
in convening or facilitating a family group decision-making
meeting.
Sec. 4. Minnesota Statutes 2000, section 260.012, is
amended to read:
260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.]
(a) Once a child alleged to be 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 services 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. 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 for rehabilitation and reunification are not
required upon a determination by the court that:
(1) a termination of parental rights petition has been
filed stating a prima facie case that:
(i) the parent has subjected a child to egregious harm as
defined in section 260C.007, subdivision 26;
(ii) the parental rights of the parent to another child
have been terminated involuntarily; or
(iii) the child is an abandoned infant under section
260C.301, subdivision 2, paragraph (a), clause (2); or
(iv) the parent's custodial rights to another child have
been involuntarily transferred to a relative under section
260C.201, subdivision 11, paragraph (e), clause (1), or a
similar law of another jurisdiction;
(2) the county attorney has filed a determination not to
proceed with a termination of parental rights petition on these
grounds was made under section 260C.301, subdivision 3,
paragraph (b), and a permanency hearing is held within 30 days
of the determination; or
(3) a termination of parental rights petition or other
petition according to section 260C.201, subdivision 11, has been
filed alleging a prima facie case that the provision of services
or further services for the purpose of reunification is futile
and therefore unreasonable under the circumstances.
In the case of an Indian child, in proceedings under
sections 260B.178 or 260C.178, 260C.201, and 260C.301 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 services 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.
(1) Services may include those listed under section
256F.07, subdivision 3, and other appropriate services available
in the community.
(2) At each stage of the proceedings where the court is
required to review the appropriateness of the responsible social
services agency's reasonable efforts, the social services 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 or that
reasonable efforts aimed at reunification are not required under
this section. The agency may meet this burden by stating facts
in a sworn petition filed under section 260C.141, or by filing
an affidavit summarizing the agency's reasonable efforts or
facts the agency believes demonstrate there is no need for
reasonable efforts to reunify the parent and child.
(3) No reasonable efforts for reunification are required
when the court makes a determination under paragraph (a) unless,
after a hearing according to section 260C.163, the court finds
there is not clear and convincing evidence of the facts upon
which the court based its prima facie determination. In this
case, the court may proceed under section 260C.312.
Reunification of a surviving child with a parent is not required
if the parent has been convicted of:
(i) 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;
(ii) a violation of section 609.222, subdivision 2; or
609.223, in regard to the surviving child; or
(iii) 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
260B.178 or 260C.178, 260C.201, and 260C.301 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 by the court to be inconsistent with
the permanent plan for the child, or upon a determination under
paragraph (a), reasonable efforts must be made to place the
child in a timely manner in accordance with the permanent plan
ordered by the court and to complete whatever steps are
necessary to finalize the permanent 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). When
the responsible social services agency decides to concurrently
make reasonable efforts for both reunification and permanent
placement away from the parent under paragraphs (a) and (b), the
agency shall disclose its decision and both plans for concurrent
reasonable efforts to all parties and the court. When the
agency discloses its decision to proceed on both plans for
reunification and permanent placement away from the parent, the
court's review of the agency's reasonable efforts shall include
the agency's efforts under paragraphs (a) and (b).
Sec. 5. Minnesota Statutes 2000, section 260C.007, is
amended by adding a subdivision to read:
Subd. 2a. [CASE PLAN.] "Case plan" means any plan for the
delivery of services to a child and parent or guardian, or, when
reunification is not required, the child alone, that is
developed according to the requirements of section 245.4871,
subdivision 19 or 21; 245.492, subdivision 16; 256B.092;
256E.08; 260C.212, subdivision 1; or 626.556, subdivision 10.
Sec. 6. Minnesota Statutes 2000, section 260C.007,
subdivision 4, is amended to read:
Subd. 4. [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 25, (iii) resides with or would
reside with a perpetrator of domestic child abuse or child abuse
as defined in subdivision 25, or (iv) is a victim of emotional
maltreatment as defined in subdivision 8;
(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, including a child in voluntary placement according to
release of the parent under section 260C.212, subdivision 9 due
solely to the child's developmental disability or emotional
disturbance;
(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, including a child in placement according to voluntary
release by the parent under section 260C.212, subdivision 8;
(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;
(12) has committed a delinquent act or a juvenile petty
offense before becoming ten years old;
(13) is a runaway;
(14) is a habitual truant;
(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 260B.125, an extended jurisdiction
juvenile prosecution, or a proceeding involving a juvenile petty
offense; or
(16) 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. 7. Minnesota Statutes 2000, section 260C.007, is
amended by adding a subdivision to read:
Subd. 5a. [COMPELLING REASONS.] "Compelling reasons" means
an individualized determination by the responsible social
services agency, which is approved by the court, not to initiate
proceedings to terminate parental rights or transfer permanent
legal and physical custody of a child to the child's relative or
former noncustodial parent.
Sec. 8. Minnesota Statutes 2000, section 260C.007, is
amended by adding a subdivision to read:
Subd. 7a. [DEVELOPMENTAL DISABILITY.] "Developmental
disability" means developmental disability as defined in United
States Code, title 42, section 6001(8).
Sec. 9. Minnesota Statutes 2000, section 260C.007,
subdivision 14, is amended to read:
Subd. 14. [RELATIVE.] "Relative" means a parent,
stepparent, grandparent, brother, sister, uncle, or aunt of the
minor. This relationship may be by blood or marriage. For an
Indian child, 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 of
1978, United States Code, title 25, section 1903. For purposes
of child in need of protection or services proceedings,
termination of parental rights proceedings, and permanency
proceedings under section 260C.201, subdivision 11, relative
means a person related to the child by blood, marriage, or
adoption, or an individual who is an important friend with whom
the child has resided or had significant contact. For an Indian
child, 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 of
1978, United States Code, title 25, section 1903.
Sec. 10. Minnesota Statutes 2000, section 260C.007, is
amended by adding a subdivision to read:
Subd. 27. [EMOTIONALLY DISTURBED.] "Emotionally disturbed"
means emotional disturbance as described in section 245.4871,
subdivision 15.
Sec. 11. Minnesota Statutes 2000, section 260C.141,
subdivision 2, is amended to read:
Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social
services agency responsible for the placement of a child in a
residential facility, as defined in section 260C.212,
subdivision 1, pursuant to a voluntary release by the child's
parent or parents may bring a petition must proceed in juvenile
court to review the foster care status of the child in the
manner provided in this section. The responsible social
services agency shall file either a petition alleging the child
to be in need of protection or services or a petition to
terminate parental rights or other permanency petition under
section 260C.201, subdivision 11.
(a) In the case of Except for a child in placement due
solely to the child's developmental disability or emotional
disturbance, when a child continues in voluntary placement
according to section 260C.212, subdivision 8, the a petition
shall be filed alleging the child to be in need of protection or
services or seeking termination of parental rights or other
permanent placement of the child away from the parent within 90
days of the date of the voluntary placement agreement and. The
petition shall state the reasons why the child is in placement,
the progress on the case out-of-home placement plan required
under section 260C.212, subdivision 1, and the statutory basis
for the petition under section 260C.007, subdivision 4,
260C.201, subdivision 11, or 260C.301.
(1) In the case of a petition alleging the child to be in
need of protection or services filed under this paragraph, if
all parties agree and the court finds it is in the best
interests of the child, the court may find the petition states a
prima facie case that:
(i) the child's needs are being met;
(ii) the placement of the child in foster care is in the
best interests of the child; and
(iii) reasonable efforts to reunify the child and the
parent or guardian are being made; and
(iv) the child will be returned home in the next six three
months.
(2) If the court makes findings under paragraph (1), the
court shall approve the voluntary arrangement and continue the
matter for up to six three more months to ensure the child
returns to the parents' home. The responsible social services
agency shall:
(i) report to the court when the child returns home and the
progress made by the parent on the case out-of-home placement
plan required under section 260C.212, in which case the court
shall dismiss jurisdiction;
(ii) report to the court that the child has not returned
home, in which case the matter shall be returned to the court
for further proceedings under section 260C.163; or
(iii) if any party does not agree to continue the matter
under paragraph (1) and this paragraph, the matter shall proceed
under section 260C.163.
(b) In the case of a child in voluntary placement due
solely to the child's developmental disability or emotional
disturbance according to section 260C.212, subdivision 9,
the petition shall be filed within six months of the date of the
voluntary placement agreement and following procedures apply:
(1) [REPORT TO COURT.] (i) Unless the county attorney
determines that a petition under subdivision 1 is appropriate,
without filing a petition, a written report, shall be forwarded
to the court within 165 days of the date of the voluntary
placement agreement. The written report shall contain necessary
identifying information for the court to proceed, a copy of the
out-of-home placement plan required under section 260C.212,
subdivision 1, a written summary of the proceedings of any
administrative review required under section 260C.212,
subdivision 7, and any other information the responsible social
services agency, parent or guardian, the child or the foster
parent or other residential facility wants the court to consider.
(ii) The responsible social services agency, where
appropriate, must advise the child, parent or guardian, the
foster parent, or representative of the residential facility of
the requirements of this section and of their right to submit
information to the court. If the child, parent or guardian,
foster parent, or representative of the residential facility
want to send information to the court, the responsible social
services agency shall advise those persons of the reporting date
and the identifying information necessary for the court
administrator to accept the information and submit it to a judge
with the agency's report. The responsible social services
agency must also notify those persons that they have the right
to be heard in person by the court and how to exercise that
right. The responsible social services agency must also provide
notice that an in-court hearing will not be held unless
requested by a parent or guardian, foster parent, or the child.
(iii) After receiving the required report, the court has
jurisdiction to make the following determinations and must do so
within ten days of receiving the forwarded report: (i) whether
or not the placement of the child is in the child's best
interests; and (ii) whether the parent and agency are
appropriately planning for the child. Unless requested by a
parent or guardian, foster parent, or child, no in-court hearing
need be held in order for the court to make findings and issue
an order under this paragraph.
(iv) If the court finds the placement is in the child's
best interests and that the agency and parent are appropriately
planning for the child, the court shall issue an order
containing explicit, individualized findings to support its
determination. The court shall send a copy of the order to the
county attorney, the responsible social services agency, the
parent or guardian, the child, and the foster parents. The
court shall also send the parent or guardian, the child, and the
foster parent notice of the required review under clause (2).
(v) If the court finds continuing the placement not to be
in the child's best interests or that the agency or the parent
or guardian is not appropriately planning for the child, the
court shall notify the county attorney, the responsible social
services agency, the parent or guardian, the foster parent, the
child, and the county attorney of the court's determinations and
the basis for the court's determinations.
(2) [PERMANENCY REVIEW BY PETITION.] If a child with a
developmental disability or an emotional disturbance continues
in out-of-home placement for 13 months from the date of a
voluntary placement, a petition alleging the child to be in need
of protection or services, for termination of parental rights or
for permanent placement of the child away from the parent under
section 260C.201 shall be filed. The court shall conduct a
permanency hearing on the petition no later than 14 months after
the date of the voluntary placement. At the permanency hearing,
the court shall determine the need for an order permanently
placing the child away from the parent or determine whether
there are compelling reasons that continued voluntary placement
is in the child's best interests. A petition alleging the child
to be in need of protection or services shall state the date of
the voluntary placement agreement, the nature of the child's
developmental delay disability or emotional handicap
disturbance, the plan for the ongoing care of the child, the
parents' participation in the plan, and the statutory basis for
the petition.
(1) In the case of petitions (i) If a petition alleging the
child to be in need of protection or services is filed under
this paragraph, the court may find, based on the contents of the
sworn petition, and the agreement of all parties, including the
child, where appropriate, that there are compelling reasons that
the voluntary arrangement is in the best interests of the child,
approve the continued voluntary arrangement placement,
and dismiss continue the matter from further under the court's
jurisdiction for the purpose of reviewing the child's placement
as a continued voluntary arrangement every 12 months as long as
the child continues in out-of-home placement. The court shall
give notice to the responsible social services agency that The
matter must be returned to the court for further review if the
child remains in placement after every 12 months as long as the
child remains in placement. The court shall give notice to the
parent or guardian of the continued review requirements under
this section. Nothing in this paragraph shall be construed to
mean the court must order permanent placement for the child
under section 260C.201, subdivision 11, as long as the court
finds compelling reasons at the first review required under this
section.
(ii) If a petition for termination of parental rights, for
transfer of permanent legal and physical custody to a relative,
for long-term foster care, or for foster care for a specified
period of time is filed, the court must proceed under section
260C.201, subdivision 11.
(2) (3) If any party, including the child, disagrees with
the voluntary arrangement, the court shall proceed under section
260C.163.
Sec. 12. Minnesota Statutes 2000, section 260C.151,
subdivision 6, is amended to read:
Subd. 6. [IMMEDIATE CUSTODY.] If it appears from the court
makes individualized, explicit findings, based on the notarized
petition or by sworn affidavit, that there are reasonable
grounds to believe the child is in surroundings or conditions
which endanger the child's health, safety or welfare and that
require that the child's custody be immediately assumed by the
court and that continuation of the child in the custody of the
parent or guardian is contrary to the child's welfare, the court
may order, by endorsement upon the summons, that the officer
serving the summons shall take the child into immediate custody.
Sec. 13. Minnesota Statutes 2000, section 260C.178,
subdivision 1, is amended to read:
Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If
a child was taken into custody under section 260C.175,
subdivision 1, clause (a) or (b)(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) 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 260C.157, 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,
(c) 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. In the alternative, the court shall determine that
reasonable efforts are not required if the court makes a prima
facie determination that one of the circumstances under
paragraph (e) exists.
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.
(d) The court may not order or continue the foster care
placement of the child unless the court makes explicit,
individualized findings that continued custody of the child by
the parent or guardian would be contrary to the welfare of the
child.
(c) (e) At the detention hearing, or at any time prior to
an adjudicatory hearing during the course of the proceeding, and
upon notice and request of the county attorney, the court shall
make the following determinations:
(1) whether a termination of parental rights petition has
been filed stating a prima facie case that:
(i) the parent has subjected a child to egregious harm as
defined in section 260C.007, subdivision 26;
(ii) the parental rights of the parent to another child
have been involuntarily terminated; or
(iii) the child is an abandoned infant under section
260C.301, subdivision 2, paragraph (a), clause (2);
(2) that the county attorney has determined not to proceed
with a termination of parental rights petition under section
260C.307; or
(3) whether a termination of parental rights petition or
other petition according to section 260C.201, subdivision 11,
has been filed alleging a prima facie case that the provision of
services or further services for the purpose of rehabilitation
and reunification is futile and therefore unreasonable under the
circumstances.
If the court determines that the county attorney is not
proceeding with a termination of parental rights petition under
section 260C.307, but is proceeding with a petition under
section 260C.201, subdivision 11, the court shall schedule a
permanency hearing within 30 days. If the county attorney has
filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the
filing of the petition except when the county attorney
determines that the criminal case shall proceed to trial first
under section 260C.201, subdivision 3.
(d) (f) If the court determines the child should be ordered
into out-of-home placement and the child's parent refuses to
give information to the responsible social services agency
regarding the child's father or relatives of the child, the
court may order the parent to disclose the names, addresses,
telephone numbers, and other identifying information to the
local responsible social services agency for the purpose of
complying with the requirements of sections 260C.151, 260C.212,
and 260C.215.
(g) If a child ordered into out-of-home placement has
siblings, whether full, half, or step, who are also ordered into
placement, the court shall inquire of the responsible social
services agency of the efforts to place the children together as
required by section 260C.212, subdivision 2, paragraph (d), if
placement together is in each child's best interests, unless a
child is in placement due solely to the child's own behavior or
a child is placed with a previously noncustodial parent who is
not parent to all siblings. If the children are not placed
together at the time of the hearing, the court shall inquire at
each subsequent hearing of the agency's efforts to place the
siblings together. If any sibling is not placed with another
sibling or siblings, the agency must develop a plan for
visitation among the siblings as required under section
260C.212, subdivision 1.
Sec. 14. Minnesota Statutes 2000, section 260C.178,
subdivision 7, is amended to read:
Subd. 7. [CASE OUT-OF-HOME PLACEMENT PLAN.] (a) A case An
out-of-home placement plan required under section 260C.212 shall
be filed with the court within 30 days of the filing of a
petition alleging the child to be in need of protection or
services under section 260C.141, subdivision 1, or filed with
the petition if the petition is a review of a voluntary
placement under section 260C.141, subdivision 2.
(b) Upon the filing of the case out-of-home placement plan,
the court may approve the case plan based on the allegations
contained in the petition. The court shall send written notice
of the approval of the out-of-home placement plan to all parties
and the county attorney or may state such approval on the record
at a hearing. A parent may agree to comply with the terms of
the case plan filed with the court.
(c) Upon notice and motion by a parent who agrees to comply
with the terms of a case an out-of-home placement plan, the
court may modify the case plan and order the responsible social
services agency to provide other or additional services for
reunification, if reunification efforts are required, and the
court determines the agency's case plan inadequate under section
260.012.
(d) Unless the parent agrees to comply with the terms of
the case out-of-home placement plan, the court may not order a
parent to comply with the provisions of the case plan until the
court makes a determination under section 260C.201, subdivision
1. However, the court may find that the responsible social
services agency has made reasonable efforts for reunification if
the agency makes efforts to implement the terms of an
out-of-home placement plan approved under this section.
Sec. 15. Minnesota Statutes 2000, section 260C.193,
subdivision 3, is amended to read:
Subd. 3. [PROTECTION OF THE CHILD'S BEST INTERESTS
INTEREST OF THE CHILD IN FOSTER CARE OR RESIDENTIAL CARE.] (a)
The policy of the state is to ensure that the best interests of
children in foster or residential care are met by requiring
individualized determinations under section 260C.212,
subdivision 2, paragraph (b), of the needs of the child and of
how the selected placement will serve the needs of the child in
foster care placements.
(b) Among the factors to be considered in determining the
needs of the child are:
(1) the child's current functioning and behaviors;
(2) the medical, educational, and developmental needs of
the child;
(3) the child's history and past experience;
(4) the child's religious and cultural needs;
(5) the child's connection with a community, school, and
church;
(6) the child's interests and talents;
(7) the child's relationship to current caretakers,
parents, siblings, and relatives; and
(8) the reasonable preference of the child, if the court,
or in the case of a voluntary placement the child-placing
agency, deems the child to be of sufficient age to express
preferences.
(c) (b) The court, in transferring legal custody of any
child or appointing a guardian for the child under the laws
relating to juvenile courts, shall consider placement, shall
review whether the responsible social services agency made
efforts as required under section 260C.212, subdivision 5, and
made an individualized determination as required under section
260C.212, subdivision 2. If the court finds the agency has not
made efforts as required under section 260C.212, subdivision 5,
and there is a relative who qualifies to be licensed to provide
family foster care under chapter 245A, the court may order the
child placed with the relative consistent with the child's best
interests and in the following order, in the legal custody or
guardianship of an individual who (1) is related to the child by
blood, marriage, or adoption, or (2) is an important friend with
whom the child has resided or had significant contact.
(c) If the child's birth parent or parents explicitly
request that a relative or important friend not be considered,
the court shall honor that request if it is consistent with the
best interests of the child. If the child's birth parent or
parents express a preference for placing the child in a foster
or adoptive home of the same or a similar religious background
to that of the birth parent or parents, the court shall order
placement of the child with an individual who meets the birth
parent's religious preference.
(d) Placement of a child cannot be delayed or denied based
on race, color, or national origin of the foster parent or the
child.
(e) Whenever possible, siblings should be placed together
unless it is determined not to be in the best interests of a
sibling. If siblings are not placed together according to
section 260C.212, subdivision 2, paragraph (d), the responsible
social services agency shall report to the court the efforts
made to place the siblings together and why the efforts were not
successful. If the court is not satisfied with the agency's
efforts to place siblings together, the court may order the
agency to make further efforts. If siblings are not placed
together the court shall review the responsible social services
agency's plan for visitation among siblings required as part of
the out-of-home placement plan under section 260C.212.
(d) If the child's birth parent or parents explicitly
request that a relative or important friend not be considered,
the court shall honor that request if it is consistent with the
best interests of the child.
If the child's birth parent or parents express a preference
for placing the child in a foster or adoptive home of the same
or a similar religious background to that of the birth parent or
parents, the court shall order placement of the child with an
individual who meets the birth parent's religious preference.
(e) (f) This subdivision does not affect the Indian Child
Welfare Act, United States Code, title 25, sections 1901 to
1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.
Sec. 16. Minnesota Statutes 2000, section 260C.201,
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 responsible social services agency or child-placing agency
in the home of a parent of the child under conditions prescribed
by the court directed to the correction of the child's need for
protection or services, or:
(i) the court may order the child into the home of a parent
who does not otherwise have legal custody of the child, however,
an order under this section does not confer legal custody on
that parent;
(ii) if the court orders the child into the home of a
father who is not adjudicated, he must cooperate with paternity
establishment proceedings regarding the child in the appropriate
jurisdiction as one of the conditions prescribed by the court
for the child to continue in his home;
(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the
noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the local responsible social services agency. In
placing a child whose custody has been transferred under this
paragraph, the agencies shall follow the requirements of section
260C.193, subdivision 3; make an individualized determination of
how the placement is in the child's best interests using the
consideration for relatives and the best interest factors in
section 260C.212, subdivision 2, paragraph (b); or
(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.
(e) When a parent has complied with a case plan ordered
under subdivision 6 and the child is in the care of the parent,
the court may order the responsible social services agency to
monitor the parent's continued ability to maintain the child
safely in the home under such terms and conditions as the court
determines appropriate under the circumstances.
Sec. 17. Minnesota Statutes 2000, section 260C.201,
subdivision 2, is amended to read:
Subd. 2. [WRITTEN FINDINGS.] (a) Any order for a
disposition authorized under this section shall contain written
findings of fact to support the disposition and case plan
ordered and shall also set forth in writing the following
information:
(a) (1) Why the best interests and safety of the child are
served by the disposition and case plan ordered;
(b) (2) What alternative dispositions or services under the
case plan were considered by the court and why such dispositions
or services were not appropriate in the instant case;
(c) How the court's disposition complies with the
requirements of section 260C.193, subdivision 3 (3) When legal
custody of the child is transferred, the appropriateness of the
particular placement made or to be made by the placing agency
using the factors in section 260C.212, subdivision 2, paragraph
(b); and
(d) (4) 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 260C.178, subdivision 1.
(b) 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.
(c) If the child has been identified by the responsible
social services agency as the subject of concurrent permanency
planning, the court shall review the reasonable efforts of the
agency to recruit, identify, and make a placement in a home
where the foster parent or relative that has committed to being
the legally permanent home for the child in the event
reunification efforts are not successful.
Sec. 18. Minnesota Statutes 2000, section 260C.201,
subdivision 5, is amended to read:
Subd. 5. [VISITATION.] If the court orders that the child
be placed outside of the child's home or present residence, it
shall set reasonable rules for supervised or unsupervised
parental visitation that contribute to the objectives of the
court order and the maintenance of the familial relationship.
No parent may be denied visitation unless the court finds at the
disposition hearing that the visitation would act to prevent the
achievement of the order's objectives or that it would endanger
the child's physical or emotional well-being. The court shall
set reasonable rules for visitation for any relatives as defined
in section 260C.193, subdivision 3 260C.007, subdivision 14, and
with siblings of the child, if visitation is consistent with the
best interests of the child.
Sec. 19. Minnesota Statutes 2000, section 260C.201,
subdivision 6, is amended to read:
Subd. 6. [CASE PLAN.] (a) For each disposition ordered
where the child is placed away from a parent or guardian, the
court shall order the appropriate responsible social services
agency to prepare a written case out-of-home placement
plan according to the requirements of section 260C.212,
subdivision 1. 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
260C.212, 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 260C.193, subdivision 3,
during any period when the child is placed outside the home;
(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.
(b) In cases where the child is not placed out of the home
or is ordered into the home of a noncustodial parent, the
responsible social services agency shall prepare a plan for
delivery of social services to the child and custodial parent
under section 626.556, subdivision 10, or any other case plan
required to meet the needs of the child. The plan shall be
designed to safely maintain the child in the home or to reunite
the child with the custodial parent.
(c) The court may approve the case plan as presented or
modify it after hearing from the parties. Once the plan is
approved, the court shall order all parties to comply with it.
A copy of the approved case plan shall be attached to the
court's order and incorporated into it by reference.
(d) 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. 20. Minnesota Statutes 2000, section 260C.201,
subdivision 7, is amended to read:
Subd. 7. [ORDER DURATION.] Subject to subdivisions 10 and
11, all orders under this section shall be for a specified
length of time set by the court not to exceed one year.
However, before the order has expired and upon its own motion or
that of any interested party, the court shall, after notice to
the parties and a hearing, renew the order for another year or
make some other disposition of the case, until the individual is
no longer a minor. Any person to whom responsible social
services agency receiving legal custody is transferred of a
child shall report to the court in writing at such periods as
the court may direct and as required under juvenile court rules.
Sec. 21. Minnesota Statutes 2000, section 260C.201,
subdivision 10, is amended to read:
Subd. 10. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If
the court places a child in a residential facility, as defined
in section 260C.212, subdivision 1, the court shall review the
out-of-home placement at least every six months as required in
juvenile court rules to determine whether continued out-of-home
placement is necessary and appropriate or whether the child
should be returned home.
(b) No later than six months after the child's out-of-home
placement, the court shall review agency efforts pursuant to
section 260C.215, subdivision 1 260C.212, subdivision 2, and
order that the efforts continue if the agency has failed to
perform the duties under that section.
(c) The court shall review the case out-of-home placement
plan and may modify the case plan as provided under subdivisions
6 and 7.
If (d) When the court orders continued out-of-home
placement, the court shall notify the parents of the provisions
of subdivision subdivisions 11 and 11a as required under
juvenile court rules.
(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 section 260C.212, subdivision 5, paragraph
(b), or may modify the requirements of the agency under section
260C.212, subdivision 5, paragraph (b), or may completely
relieve the responsible social services agency of the
requirements of section 260C.212, subdivision 5, 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. 22. Minnesota Statutes 2000, section 260C.201,
subdivision 11, is amended to read:
Subd. 11. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) Except for cases where the child
is in placement due solely to the child's status as
developmentally delayed under United States Code, title 42,
section 6001(7), developmental disability or emotionally
handicapped under section 252.27 emotional disturbance, and
where custody has not been transferred to the responsible social
services agency, and the court finds compelling reasons under
section 260C.007, subdivision 5a, 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 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 under one or more previous
petitions, the lengths of all prior time periods when the child
was placed out of the home within the previous five years 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 and for compelling reasons, 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) Unless the responsible social services agency
recommends return of the child to the custodial parent or
parents, not later than 30 days prior to this hearing, the
responsible social services agency shall file pleadings in
juvenile court to establish the basis for the juvenile court to
order permanent placement of the child according to paragraph
(d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination and there is a trial under
section 260C.163 scheduled on that petition within 90 days of
the filing of the petition, no hearing need be conducted under
this subdivision.
(c) At the conclusion of the hearing, the court shall order
the child returned home to the care of the parent or guardian
from whom the child was removed or order a permanent placement
in the child's best interests. The "best interests of the
child" means all relevant factors to be considered and
evaluated. Transfer of permanent legal and physical custody,
termination of parental rights, or guardianship and legal
custody to the commissioner through a consent to adopt are
preferred permanency options for a child who cannot return home.
(d) 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 services 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 260C.301 do not
exist; or
(3) the permanent plan for the child is transfer of
permanent legal and physical custody to a relative. When the
permanent plan for the child is transfer of permanent legal and
physical custody to a relative, a petition supporting the plan
shall be filed in juvenile court within 30 days of the hearing
required under this subdivision and a hearing on the petition
held within 30 days of the filing of the pleadings.
(e) (d) If the child is not returned to the home, the court
must order one of the following dispositions:
(1) permanent legal and physical custody to a relative in
the best interests of the child. according to the following
conditions:
(i) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has
reviewed the suitability of the prospective legal and physical
custodian;
(ii) in transferring permanent legal and physical custody
to a relative, the juvenile court shall follow the standards and
procedures applicable under this chapter, chapter chapters 260,
or chapter and 518., and juvenile court rules;
(iii) an order establishing permanent legal or and physical
custody under this subdivision must be filed with the family
court.;
(iv) 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.;
(v) the social services agency may petition on behalf of
the proposed custodian; and
(vi) the juvenile court may maintain jurisdiction over the
responsible social services agency, the parents or guardian of
the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are
delivered to the child and permanent legal custodian or for the
purpose of ensuring conditions ordered by the court related to
the care and custody of the child are met;
(2) termination of parental rights; according to the
following conditions:
(i) unless the social services agency has already filed a
petition for termination of parental rights under section
260C.307, the court may order such a petition filed and all the
requirements of sections 260C.301 to 260C.328 remain
applicable.; and
(ii) 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. according to the following conditions:
(i) the court may order a child into long-term foster care
only if it finds compelling reasons that neither an award of
permanent legal and physical custody to a relative, nor
termination of parental rights nor adoption is in the child's
best interests.; and
(ii) further, the court may only order long-term foster
care for the child under this section if it finds the following:
(i) (A) the child has reached age 12 and reasonable efforts
by the responsible social services agency have failed to locate
an adoptive family for the child; or
(ii) (B) the child is a sibling of a child described in
clause (i) subitem (A) 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 according to
the following conditions:
(i) foster care for a specified period of time may be
ordered only if:
(i) (A) the sole basis for an adjudication that the child
is in need of protection or services is the child's
behavior; and
(ii) (B) the court finds that foster care for a specified
period of time is in the best interests of the child.; and
(C) the court finds compelling reasons that neither an
award of permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;
(ii) the order does not specify that the child continue in
foster care for any period exceeding one year; or
(5) guardianship and legal custody to the commissioner of
human services under the following procedures and conditions:
(i) there is an identified prospective adoptive home that
has agreed to adopt the child and the court accepts the parent's
voluntary consent to adopt under chapter 259.24;
(ii) if the court accepts a consent to adopt in lieu of
ordering one of the other enumerated permanency dispositions,
the court must review the matter at least every 90 days. The
review will address the reasonable efforts of the agency to
achieve a finalized adoption;
(iii) a consent to adopt under this clause vests all legal
authority regarding the child, including guardianship and legal
custody of the child, with the commissioner of human services as
if the child were a state ward after termination of parental
rights;
(iv) the court must forward a copy of the consent to adopt,
together with a certified copy of the order transferring
guardianship and legal custody to the commissioner, to the
commissioner; and
(v) if an adoption is not finalized by the identified
prospective adoptive parent within 12 months of the execution of
the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate, shall pursue
adoptive placement in another home unless the commissioner
certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent.
(f) (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.
(g) (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:
(1) the placement is made under paragraph (e), clause (4),
review is otherwise required by federal law, long-term foster
care or foster care for a specified period of time;
(2) the court orders further hearings because it has
retained jurisdiction of a transfer of permanent legal and
physical custody matter;
(3) an adoption has not yet been finalized,; or
(4) there is a disruption of the permanent or long-term
placement.
(g) Court reviews of an order for long-term foster care,
whether under this section or section 260C.317, subdivision 3,
paragraph (d), or foster care for a specified period of time
must be conducted at least yearly and must review the child's
out-of-home placement plan and the reasonable efforts of the
agency to:
(1) identify a specific long-term foster home for the child
or a specific foster home for the time the child is specified to
be out of the care of the parent, if one has not already been
identified;
(2) support continued placement of the child in the
identified home, if one has been identified;
(3) ensure appropriate services are provided to the child
during the period of long-term foster care or foster care for a
specified period of time;
(4) plan for the child's independence upon the child's
leaving long-term foster care living as required under section
260C.212, subdivision 1; and
(5) where placement is for a specified period of time, a
plan for the safe return of the child to the care of the parent.
(h) 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; and
(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home.
(i) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must
receive notice. A parent may only seek modification of 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.
(j) The court shall issue an order required under this
section within 15 days of the close of the proceedings. The
court may extend issuing the order an additional 15 days when
necessary in the interests of justice and the best interests of
the child.
Sec. 23. Minnesota Statutes 2000, section 260C.201, is
amended by adding a subdivision to read:
Subd. 11a. [PERMANENCY REVIEW FOR CHILDREN UNDER EIGHT.]
(a) [HEARING TO REVIEW PROGRESS OF THE CASE.] If the child was
under eight years of age at the time the petition was filed
alleging the child was in need of protection or services, and
the child continues in placement out of the home of the parent
or guardian from whom the child was removed, no later than six
months after the child's placement, the court shall conduct a
permanency hearing to review the progress of the case, the
parent's progress on the out-of-home placement plan, and the
provision of services.
(b) [COUNTY ATTORNEY AND RESPONSIBLE AGENCY'S
DUTIES.] Based on its assessment of the parent's or guardian's
progress on the out-of-home placement plan, the responsible
social services agency must ask the county attorney to file a
petition for termination of parental rights, a petition for
transfer of permanent legal and physical custody to a relative,
or the report required under juvenile court rules.
(c) [COURT'S FINDINGS.] (1) If the parent or guardian has
maintained contact with the child, is complying with the
court-ordered out-of-home placement plan, and the child would
benefit from reunification with the parent, the court may either:
(i) return the child home, if the conditions which led to
the out-of-home placement have been sufficiently mitigated that
it is safe and in the child's best interests to return home; or
(ii) continue the matter up to a total of six additional
months. If the child has not returned home by the end of the
additional six months, the court must conduct a hearing
according to subdivision 11.
(2) If the court determines that the parent or guardian is
not complying with the out-of-home placement plan or is not
maintaining regular contact with the child as outlined in the
visitation plan required as part of the out-of-home placement
plan under section 260C.212, the court may order the responsible
social services agency to develop a plan for permanent placement
of the child away from the parent and to file a petition to
support an order for the permanent placement plan.
(d) [RESPONSIBLE AGENCY'S OR COUNTY ATTORNEY'S DUTIES.]
Following the review under paragraphs (b) and (c):
(1) if the court has either returned the child home or
continued the matter up to a total of six additional months, the
agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve
reunification of the child and the parent as ordered by the
court under an approved case plan;
(2) if the court orders the agency to develop a plan for
the transfer of permanent legal and physical custody of the
child to a relative, a petition supporting the plan shall be
filed in juvenile court within 30 days of the hearing required
under this subdivision and a trial on the petition held within
30 days of the filing of the pleadings; or
(3) if the court orders the agency to file a termination of
parental rights, unless the county attorney can show cause why a
termination of parental rights petition should not be filed, a
petition for termination of parental rights shall be filed in
juvenile court within 30 days of the hearing required under this
subdivision and a trial on the petition held within 90 days of
the filing of the petition.
Sec. 24. Minnesota Statutes 2000, section 260C.205, is
amended to read:
260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.]
Unless the court disposes of the petition under section
260C.141, subdivision 2, upon a petition for review of the
foster care status of a child, the court may:
(a) Find that the child's needs are not being met, in which
case the court shall order the social services agency or the
parents to take whatever action is necessary and feasible to
meet the child's needs, including, when appropriate, the
provision by the social services agency of services to the
parents which would enable the child to live at home, and order
a disposition under section 260C.201.
(b) Find that the child has been abandoned by parents
financially or emotionally, or that the developmentally disabled
child does not require out-of-home care because of the
handicapping condition, in which case the court shall order the
social services agency to file an appropriate petition pursuant
to section 260C.141, subdivision 1, or 260C.307.
(c) When a child is in placement due solely to the child's
developmental disability or emotional disturbance and the court
finds that there are compelling reasons which permit the court
to approve the continued voluntary placement of the child and
retain jurisdiction to conduct reviews as required under section
260C.141, subdivision 2, the court shall give the parent notice
of the review requirements of section 260C.141, subdivision 2,
in the event the child continues in placement 12 months or
longer.
Nothing in this section shall be construed to prohibit
bringing a petition pursuant to section 260C.141, subdivision 1
or 4, sooner than required by court order pursuant to this
section.
Sec. 25. Minnesota Statutes 2000, section 260C.212,
subdivision 1, is amended to read:
Subdivision 1. [OUT-OF-HOME PLACEMENT; PLAN.] (a) A case
An out-of-home placement plan shall be prepared within 30 days
after any child is placed in a residential facility by court
order or by the voluntary release of the child by the parent or
parents.
For purposes of this section, a residential facility means
any group home, family foster home or other publicly supported
out-of-home residential facility, including any out-of-home
residential facility under contract with the state, county or
other political subdivision, or any agency thereof, to provide
those services or foster care as defined in section 260C.007,
subdivision 9.
(b) When a child is in placement, the responsible local
social services agency shall make diligent efforts to identify,
locate, and, where appropriate, offer services to both parents
of the child. If a noncustodial or nonadjudicated parent is
willing and capable of providing for the day-to-day care of the
child, the local social services agency may seek authority from
the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated
parent, the local social services agency shall require the
nonadjudicated parent to cooperate with paternity establishment
procedures as part of the case plan.
(c) If, after assessment, the local social services agency
determines that the child cannot be in the day-to-day care of
either parent, the agency shall prepare a case plan addressing
the conditions that each parent must mitigate before the child
could be in that parent's day-to-day care.
(d) If, after the provision of services following a case
plan under this section and ordered by the juvenile court, the
child cannot return to the care of the parent from whom the
child was removed or who had legal custody at the time the child
was placed in foster care, the agency may petition on behalf of
a noncustodial parent to establish legal custody with that
parent under section 260C.201, subdivision 11. If paternity has
not already been established, it may be established in the same
proceeding in the manner provided for under this chapter.
The responsible social services agency may be relieved of
the requirement to locate and offer services to both parents by
the juvenile court upon a finding of good cause after the filing
of a petition under section 260B.141 or 260C.141.
(e) For the purposes of this section, a case An out-of-home
placement plan means a written document which is ordered by the
court or which is prepared by the responsible social services
agency responsible for the residential facility placement and is
jointly with the parent or parents or guardian of the child and
in consultation with the child's guardian ad litem, the child's
tribe, if the child is an Indian child, the child's foster
parent or representative of the residential facility, and, where
appropriate, the child. As appropriate, the plan shall be:
(1) submitted to the court for approval under section
260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified
after hearing, under section 260C.178, subdivision 7, or
260C.201, subdivision 6; and
(3) signed by the parent or parents, or other
custodian, guardian of the child, the child's legal guardian ad
litem, a representative of the child's tribe, the responsible
social services agency responsible for the residential facility
placement, and, if possible, the child.
(c) The document out-of-home placement plan shall be
explained to all persons involved in its implementation,
including the child who has signed the document plan, and shall
set forth:
(1) a description of the residential facility including how
the out-of-home placement plan is designed to achieve a safe
placement for the child in the least restrictive, most
family-like, setting available which is in close proximity to
the home of the parent or parents or guardian of the child when
the case plan goal is reunification, and how the placement is
consistent with the best interests and special needs of the
child according to the factors under subdivision 2, paragraph
(b);
(2) the specific reasons for the placement of the child in
a residential facility, including and when reunification is the
plan, a description of the problems or conditions in the home of
the parent or parents which necessitated removal of the child
from home and the changes the parent or parents must make in
order for the child to safely return home;
(2) (3) a description of the services offered and provided
to prevent removal of the child from the home and to reunify the
family including:
(i) the specific actions to be taken by the parent or
parents of the child to eliminate or correct the problems or
conditions identified in clause (1) (2), and the time period
during which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian
child, active efforts to be made to achieve a safe and stable
home for the child including social and other supportive
services to be provided or offered to the parent or parents or
guardian of the child, the child, and the residential facility
during the period the child is in the residential facility;
(3) The financial responsibilities and obligations, if any,
of the parents for the support of the child during the period
the child is in the residential facility;
(4) a description of any services or resources that were
requested by the child or the child's parent, guardian, foster
parent, or custodian since the date of the child's placement in
the residential facility, and whether those services or
resources were provided and if not, the basis for the denial of
the services or resources;
(5) the visitation rights and obligations of plan for the
parent or parents or guardian, other relatives as defined in
section 260C.193 260C.007, subdivision 14, and siblings of the
child if the siblings are not placed together in the residential
facility, if such and whether visitation is consistent with the
best interest of the child, during the period the child is in
the residential facility;
(5) The social and other supportive services to be provided
to the parent or parents of the child, the child, and the
residential facility during the period the child is in the
residential facility;
(6) the date on which the child is expected to be returned
to and safely maintained in the home of the parent or parents or
placed for adoption or otherwise permanently removed from the
care of the parent by court order;
(7) the nature of the effort to be made by the social
services agency responsible for the placement to reunite the
family;
(8) notice to the parent or parents:
(i) that placement of the child in foster care may result
in termination of parental rights but only after notice and a
hearing as provided in chapter 260; and
(ii) in cases where the agency has determined that both
reasonable efforts to reunify the child with the parents, and
reasonable efforts to place the child in a permanent home away
from the parent that may become legally permanent are
appropriate, notice of:
(A) time limits on the length of placement and of
reunification services;
(B) the nature of the services available to the parent;
(C) the consequences to the parent and the child if the
parent fails or is unable to use services to correct the
circumstances that led to the child's placement;
(D) the first consideration for relative placement; and
(E) the benefit to the child in getting the child out of
residential care as soon as possible, preferably by returning
the child home, but if that is not possible, through a permanent
legal placement of the child away from the parent;
(9) a permanency hearing under section 260C.201,
subdivision 11, or a termination of parental rights hearing
under sections 260C.301 to 260C.328, where the agency asks the
court to find that the child should be permanently placed away
from the parent and includes documentation of the steps taken by
the responsible social services agency to find an adoptive
family or other permanent legal placement for the child, to
place the child with an adoptive family, a fit and willing
relative through an award of permanent legal and physical
custody, or in another planned and permanent legal placement.
The documentation must include child specific recruitment
efforts; and
(10) (6) documentation of steps to finalize the adoption or
legal guardianship of the child if the court has issued an order
terminating the rights of both parents of the child or of the
only known, living parent of the child, documentation of steps
to finalize the adoption or legal guardianship of the child. and
a copy of this documentation shall be provided to the court in
the review required under section 260C.317, subdivision 3,
paragraph (b);
(7) to the extent available and accessible, the health and
educational records of the child including:
(i) the names and addresses of the child's health and
educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) assurances that the child's placement in foster care
takes into account proximity to the school in which the child is
enrolled at the time of placement;
(v) a record of the child's immunizations;
(vi) the child's known medical problems;
(vii) the child's medications; and
(viii) any other relevant health and education information;
and
(8) an independent living plan for a child age 16 or older
who is in placement as a result of a permanency disposition.
The plan should include, but not be limited to, the following
objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate,
assisting the child in obtaining a driver's license;
(iv) money management;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with the
child's family and community.
(f) (d) The parent or parents or guardian and the child
each shall have the right to legal counsel in the preparation of
the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to
a guardian ad litem. If unable to employ counsel from their own
resources, the court shall appoint counsel upon the request of
the parent or parents or the child or the child's legal
guardian. The parent or parents may also receive assistance
from any person or social services agency in preparation of the
case plan.
After the plan has been agreed upon by the parties involved
or approved or ordered by the court, the foster parents shall be
fully informed of the provisions of the case plan and shall be
provided a copy of the plan.
(g) When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical
examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the
child came into the agency's care. If there is documentation
that the child has had such an examination within the last 12
months, the agency is responsible for seeing that the child has
another physical examination within one year of the documented
examination and annually in subsequent years. If the agency
determines that the child has not had a physical examination
within the 12 months immediately preceding placement, the agency
shall ensure that the child has the examination within 30 days
of coming into the agency's care and once a year in subsequent
years.
Sec. 26. Minnesota Statutes 2000, section 260C.212,
subdivision 2, is amended to read:
Subd. 2. [PLACEMENT DECISIONS BASED ON BEST INTEREST OF
THE CHILD.] (a) The policy of the state of Minnesota is to
ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of
how the selected placement will serve the needs of the child
being placed. The authorized child-placing agency shall place a
child, released by court order or by voluntary release by the
parent or parents, in a family foster home selected by
considering placement with relatives and important friends
consistent with section 260C.193, subdivision 3. in the
following order:
(1) with an individual who is related to the child by
blood, marriage, or adoption; or
(2) with an individual who is an important friend with whom
the child has resided or had significant contact.
(b) Among the factors the agency shall consider in
determining the needs of the child are those specified under
section 260C.193, subdivision 3, paragraph (b) the following:
(1) the child's current functioning and behaviors;
(2) the medical, educational, and developmental needs of
the child;
(3) the child's history and past experience;
(4) the child's religious and cultural needs;
(5) the child's connection with a community, school, and
church;
(6) the child's interests and talents;
(7) the child's relationship to current caretakers,
parents, siblings, and relatives; and
(8) the reasonable preference of the child, if the court,
or the child-placing agency in the case of a voluntary
placement, deems the child to be of sufficient age to express
preferences.
(c) Placement of a child cannot be delayed or denied based
on race, color, or national origin of the foster parent or the
child.
(d) Siblings should be placed together for foster care and
adoption at the earliest possible time unless it is determined
not to be in the best interests of a sibling or unless it is not
possible after appropriate efforts by the responsible social
services agency.
Sec. 27. Minnesota Statutes 2000, section 260C.212,
subdivision 4, is amended to read:
Subd. 4. [NOTICE BEFORE VOLUNTARY PLACEMENT RESPONSIBLE
SOCIAL SERVICE AGENCY'S DUTIES FOR CHILDREN IN PLACEMENT.] (a)
When a child is in placement, the responsible social services
agency shall make diligent efforts to identify, locate, and,
where appropriate, offer services to both parents of the child.
(1) If a noncustodial or nonadjudicated parent is willing
and capable of providing for the day-to-day care of the child,
the responsible social services agency may seek authority from
the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated
parent, the responsible social services agency shall require the
nonadjudicated parent to cooperate with paternity establishment
procedures as part of the case plan.
(2) If, after assessment, the responsible social services
agency determines that the child cannot be in the day-to-day
care of either parent, the agency shall prepare an out-of-home
placement plan addressing the conditions that each parent must
meet before the child can be in that parent's day-to-day care.
(3) If, after the provision of services following an
out-of-home placement plan under this section, the child cannot
return to the care of the parent from whom the child was removed
or who had legal custody at the time the child was placed in
foster care, the agency may petition on behalf of a noncustodial
parent to establish legal custody with that parent under section
260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the
manner provided for under chapter 257.
(4) The responsible social services agency may be relieved
of the requirement to locate and offer services to both parents
by the juvenile court upon a finding of good cause after the
filing of a petition under section 260C.141.
(b) The responsible social services agency shall give
notice to the parent or parents or guardian of each child in a
residential facility, other than a child in placement due solely
to that child's developmental disability or emotional
disturbance, of the following information:
(1) that residential care of the child may result in
termination of parental rights or an order permanently placing
the child out of the custody of the parent, but only after
notice and a hearing as required under chapter 260C and the
juvenile court rules;
(2) time limits on the length of placement and of
reunification services, including the date on which the child is
expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise
permanently removed from the care of the parent by court order;
(3) the nature of the services available to the parent;
(4) the consequences to the parent and the child if the
parent fails or is unable to use services to correct the
circumstances that led to the child's placement;
(5) the first consideration for placement with relatives;
(6) the benefit to the child in getting the child out of
residential care as soon as possible, preferably by returning
the child home, but if that is not possible, through a permanent
legal placement of the child away from the parent;
(7) when safe for the child, the benefits to the child and
the parent of maintaining visitation with the child as soon as
possible in the course of the case and, in any event, according
to the visitation plan under this section; and
(8) the financial responsibilities and obligations, if any,
of the parent or parents for the support of the child during the
period the child is in the residential facility.
(c) The local responsible social services agency shall
inform a parent considering voluntary placement of a child who
is not developmentally disabled or emotionally
handicapped disturbed of the following information:
(1) the parent and the child each has a right to separate
legal counsel before signing a voluntary placement agreement,
but not to counsel appointed at public expense;
(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement
agreement may at any time request that the agency return the
child. If the parent so requests, the child must be returned
within 24 hours of the receipt of the request;
(3) evidence gathered during the time the child is
voluntarily placed may be used at a later time as the basis for
a petition alleging that the child is in need of protection or
services or as the basis for a petition seeking termination of
parental rights or other permanent placement of the child away
from the parent;
(4) if the local responsible social services agency files a
petition alleging that the child is in need of protection or
services or a petition seeking the termination of parental
rights or other permanent placement of the child away from the
parent, the parent would have the right to appointment of
separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by
law, and that counsel will be appointed at public expense if
they are unable to afford counsel; and
(5) the timelines and procedures for review of voluntary
placements under subdivision 3, and the effect the time spent in
voluntary placement on the scheduling of a permanent placement
determination hearing under section 260C.201, subdivision 11.
(d) When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical
examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the
child came into the agency's care. If there is documentation
that the child has had an examination within the last 12 months,
the agency is responsible for seeing that the child has another
physical examination within one year of the documented
examination and annually in subsequent years. If the agency
determines that the child has not had a physical examination
within the 12 months immediately preceding placement, the agency
shall ensure that the child has an examination within 30 days of
coming into the agency's care and once a year in subsequent
years.
Sec. 28. Minnesota Statutes 2000, section 260C.212,
subdivision 5, is amended to read:
Subd. 5. [RELATIVE SEARCH; NATURE.] (a) In implementing
the requirement that the responsible social services agency must
consider placement with a relative under subdivision 2 as soon
as possible, but in any event within six months after a child is
initially placed in a residential facility after identifying the
need for placement of the child in foster care, the local
responsible social services 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. The relative search
required by this section shall be reasonable in scope and may
last up to six months or until a fit and willing relative is
identified. Relatives should also be notified that a decision
not to be a placement resource at the beginning of the case may
affect the relative being considered for placement of the child
with that relative later. The relatives must be notified that
they must keep the local responsible social services agency
informed of their current address in order to receive notice
that a permanent placement is being sought for the child. A
relative who fails to provide a current address to the local
responsible social services agency forfeits the right to notice
of the possibility of permanent placement. If the child's
parent refuses to give the responsible social services agency
information sufficient to identify relatives of the child, the
agency shall determine whether the parent's refusal is in the
child's best interests. If the agency determines the parent's
refusal is not in the child's best interests, the agency shall
file a petition under section 260B.141 or 260C.141, and shall
ask the juvenile court to order the parent to provide the
necessary information.
(b) A responsible social services agency may disclose
private or confidential data, as defined in section 13.02, to
relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is
necessary to facilitate possible placement with relatives. If
the child's parent refuses to give the responsible social
services agency information sufficient to identify relatives of
the child, the agency shall determine whether the parent's
refusal is in the child's best interests. If the agency
determines the parent's refusal is not in the child's best
interests, the agency shall file a petition under section
260C.141, and shall ask the juvenile court to order the parent
to provide the necessary information. If a parent makes an
explicit request that relatives or a specific relative not be
contacted or considered for placement, the agency shall bring
the parent's request to the attention of the court to determine
whether the parent's request is consistent with the best
interests of the child and the agency shall not contact
relatives or a specific relative unless authorized to do so by
the juvenile court.
(c) When the placing agency 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 agency
may send the notice provided in paragraph (d), or may ask the
court to modify the requirements of the agency under this
paragraph, or may ask the court to completely relieve the agency
of the requirements of this paragraph. The relative
notification requirements of this paragraph do not apply when
the child is placed with an appropriate relative or a foster
home that has committed to being the permanent legal placement
for the child and the agency approves of that foster home for
permanent placement of the child. The actions ordered by the
court under this section must be consistent with the best
interests, safety, and welfare of the child.
(d) Unless required under the Indian Child Welfare Act or
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 or the child is placed with a foster home
that has committed to being the permanent legal placement for
the child and the responsible social services agency approves of
that foster home for permanent placement of the child under
paragraph (c), 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 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. 29. Minnesota Statutes 2000, section 260C.212,
subdivision 7, is amended to read:
Subd. 7. [SIX-MONTH ADMINISTRATIVE OR COURT REVIEW OF
PLACEMENTS.] (a) There shall be an administrative review of
the case out-of-home placement plan of each child placed in a
residential facility no later than 180 days after the initial
placement of the child in a residential facility and at least
every six months thereafter if the child is not returned to the
home of the parent or parents within that time. The case
out-of-home placement plan must be monitored and updated at each
administrative review. As an alternative to the administrative
review, the social services agency responsible for the placement
may bring a petition as provided in section 260C.141,
subdivision 2, to the court for review of the foster care to
determine if placement is in the best interests of the child.
This petition must be brought to the court in order for a court
determination to be made regarding the best interests of the
child within the applicable six months and is not in lieu of the
requirements contained in subdivision 3 or 4. A court review
conducted pursuant to section 260C.201, subdivision 11, or
section 260C.141, subdivision 2, shall satisfy the requirement
for an administrative review so long as the other requirements
of this section are met.
(b) At the review required under paragraph (a), the
reviewing administrative body or the court shall review:
(1) the safety of the child;
(2) the continuing necessity for and appropriateness of the
placement;
(3) the extent of compliance with the out-of-home placement
plan;
(4) where appropriate, the extent of progress which has
been made toward alleviating or mitigating the causes
necessitating placement in a residential facility;
(5) where appropriate, the projected date by which the
child may be returned to and safely maintained in the home or
placed permanently away from the care of the parent or parents
or guardian; and
(6) the appropriateness of the services provided to the
child.
Sec. 30. Minnesota Statutes 2000, section 260C.212,
subdivision 8, is amended to read:
Subd. 8. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as
provided in subdivision 4 for a child in placement due solely to
the child's developmental disability or emotional disturbance,
if the child has been placed in a residential facility pursuant
to a voluntary release by the parent or parents, and is not
returned home within 90 days after initial placement in the
residential facility, the social services agency responsible for
the placement shall:
(1) return the child to the home of the parent or parents;
or
(2) file a petition according to section 260B.141,
subdivision 1, or 260C.141, subdivision 1 or 2, which may:
(i) ask the court to review the placement and approve it
for up to an additional 90 days;
(ii) ask the court to order continued out-of-home placement
according to sections 260B.178, 260C.178, and 260C.201; or
(iii) ask the court to terminate parental rights under
section 260C.301.
The case out-of-home placement plan must be updated when a
petition is filed and must include a specific plan for
permanency, which may include a time line for returning the
child home or a plan for permanent placement of the child away
from the parent, or both and filed along with the petition.
If the court approves continued out-of-home placement for
up to 90 more days, at the end of the court-approved 90-day
period, the child must be returned to the parent's home. If the
child is not returned home, the responsible social services
agency must proceed on the petition filed alleging the child in
need of protection or services or the petition for termination
of parental rights or other permanent placement of the child
away from the parent. The court must find a statutory basis to
order the placement of the child under section 260B.178;
260C.178; 260C.201; or 260C.317.
Sec. 31. Minnesota Statutes 2000, section 260C.212,
subdivision 9, is amended to read:
Subd. 9. [REVIEW OF DEVELOPMENTALLY DISABLED AND
EMOTIONALLY HANDICAPPED CERTAIN CHILD PLACEMENTS.] (a) If a
developmentally disabled child, as that term is defined in
United States Code, title 42, section 6001(7), as amended
through December 31, 1979, or a child diagnosed with an
emotional handicap as defined in section 252.27, subdivision 1a,
as emotionally disturbed has been placed in a residential
facility pursuant to a voluntary release by the child's parent
or parents because of the child's handicapping conditions or
need for long-term residential treatment or supervision, the
social services agency responsible for the placement
shall report to the court and bring a petition for review of the
child's foster care status, pursuant to section 260C.141,
subdivision 2, after the child has been in placement for six
months as required in section 260C.141, subdivision 2, paragraph
(b).
(b) If a child is in placement due solely to the
child's handicapping condition and developmental disability or
emotional disturbance, and the court finds compelling reasons
not to proceed under section 260C.201, subdivision 11, custody
of the child is not transferred to the responsible social
services agency under section 260C.201, subdivision 1, paragraph
(a), clause (2), and no petition is required by section
260C.201, subdivision 11.
(c) Whenever a petition for review is brought pursuant to
this subdivision, a guardian ad litem shall be appointed for the
child.
Sec. 32. Minnesota Statutes 2000, section 260C.215,
subdivision 6, is amended to read:
Subd. 6. [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each
authorized child-placing agency must:
(1) develop and follow procedures for implementing the
requirements of section 260C.193, subdivision 3, and the Indian
Child Welfare Act, United States Code, title 25, sections 1901
to 1923;
(2) have a written plan for recruiting adoptive and foster
families that reflect the ethnic and racial diversity of
children who are in need of foster and adoptive homes. The plan
must include (i) strategies for using existing resources in
diverse communities, (ii) use of diverse outreach staff wherever
possible, (iii) use of diverse foster homes for placements after
birth and before adoption, and (iv) other techniques as
appropriate;
(3) have a written plan for training adoptive and foster
families;
(4) have a written plan for employing staff in adoption and
foster care who have the capacity to assess the foster and
adoptive parents' ability to understand and validate a child's
cultural needs, and to advance the best interests of the child.
The plan must include staffing goals and objectives;
(5) ensure that adoption and foster care workers attend
training offered or approved by the department of human services
regarding cultural diversity and the needs of special needs
children; and
(6) develop and implement procedures for implementing the
requirements of the Indian Child Welfare Act and the Minnesota
Indian Family Preservation Act.
(b) In implementing the requirement to consider relatives
for placement, an authorized child-placing agency may disclose
private or confidential data, as defined in section 13.02, to
relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is
necessary to facilitate implementing the preference. If a
parent makes an explicit request that the relative preference
not be followed, the agency shall bring the matter to the
attention of the court to determine whether the parent's request
is consistent with the best interests of the child and the
agency shall not contact relatives unless ordered to do so by
the juvenile court; and
(c) In determining the suitability of a proposed placement
of an Indian child, the standards to be applied must be the
prevailing social and cultural standards of the Indian child's
community, and the agency shall defer to tribal judgment as to
suitability of a particular home when the tribe has intervened
pursuant to the Indian Child Welfare Act.
Sec. 33. Minnesota Statutes 2000, section 260C.301,
subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
court may upon petition, terminate all rights of a parent to a
child:
(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;
(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 either reasonable efforts by the social services
agency have failed to correct the conditions that formed the
basis of the petition or reasonable efforts would be futile and
therefore unreasonable;
(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;
(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 the parent's parental rights to
one or more other children were involuntarily terminated or that
the parent's custodial rights to another child have been
involuntarily transferred to a relative under section 260C.201,
subdivision 11, paragraph (e), clause (1), or a similar law of
another jurisdiction;
(5) that following the child's placement out of the home,
reasonable efforts, under the direction of the court, have
failed to correct the conditions leading to the child's
placement. 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 12 months within the
preceding 22 months. In the case of a child under age eight at
the time the petition was filed alleging the child to be in need
of protection or services, the presumption arises when the child
has resided out of the parental home under court order for six
months unless the parent has maintained regular contact with the
child and the parent is complying with the case out-of-home
placement plan;
(ii) the court has approved a case the out-of-home
placement plan required under section 260C.212 and filed with
the court under section 260C.178;
(iii) conditions leading to the out-of-home placement have
not been corrected. It is presumed that conditions leading to a
child's out-of-home placement have not been corrected upon a
showing that the parent or parents have not substantially
complied with the court's orders and a reasonable case plan; and
(iv) reasonable efforts have been made by the social
services agency to rehabilitate the parent and reunite the
family.
This clause does not prohibit the termination of parental
rights prior to one year, or in the case of a child under age
eight, within prior to six months 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:
(A) the parent has been diagnosed as chemically dependent
by a professional certified to make the diagnosis;
(B) the parent has been required by a case plan to
participate in a chemical dependency treatment program;
(C) the treatment programs offered to the parent were
culturally, linguistically, and clinically appropriate;
(D) 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
(E) the parent continues to abuse chemicals.
(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;
(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 fathers' adoption registry under section
259.52;
(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
260.751 to 260.835 and the Indian Child Welfare Act, United
States Code, title 25, sections 1901 to 1923, control to the
extent that the provisions of this section are inconsistent with
those laws.
Sec. 34. Minnesota Statutes 2000, section 260C.301,
subdivision 3, is amended to read:
Subd. 3. [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a)
The county attorney shall file a termination of parental rights
petition within 30 days of the responsible social services
agency determining that a child has been subjected to egregious
harm as defined in section 260C.007, subdivision 26, is
determined to be the sibling of another child of the parent who
was subjected to egregious harm, or is an abandoned infant as
defined in subdivision 2, paragraph (a), clause (2), or the
parent has lost parental rights to another child through an
order involuntarily terminating the parent's rights, or another
child of the parent is the subject of an order transferring
permanent legal and physical custody of the child to a relative
under section 260C.201, subdivision 11, paragraph (e), clause
(1), or a similar law of another jurisdiction. 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:
(1) a petition for transfer of permanent legal and physical
custody to a relative under section 260C.201, subdivision 11,
including a determination that the transfer is in the best
interests of the child; or
(2) a petition alleging the child, and where appropriate,
the child's siblings, to be in need of protection or services
accompanied by a case plan prepared by the responsible social
services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best
interests of the child.
Sec. 35. Minnesota Statutes 2000, section 260C.301,
subdivision 4, is amended to read:
Subd. 4. [CURRENT FOSTER CARE CHILDREN.] Except for cases
where the child is in placement due solely to the child's status
as developmentally delayed under United States Code, title 42,
section 6001(7), developmental disability or emotionally
handicapped under section 252.27, and emotional disturbance,
where custody has not been transferred to the responsible social
services agency, and where the court finds compelling reasons to
continue placement, the county attorney shall file a termination
of parental rights petition or a petition to support another
permanent placement proceeding transfer permanent legal and
physical custody to a relative under section 260C.201,
subdivision 11, for all children 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 April 21,
1998, and have been in out-of-home care for 15 of the most
recent 22 months. This requirement does not apply if there is a
compelling reason documented in a case plan filed with approved
by the court for determining that filing a termination of
parental rights petition or other permanency petition would not
be in the best interests of the child or if the responsible
social services agency has not provided reasonable efforts
necessary for the safe return of the child, if reasonable
efforts are required.
Sec. 36. Minnesota Statutes 2000, section 260C.301,
subdivision 8, is amended to read:
Subd. 8. [FINDINGS REGARDING REASONABLE EFFORTS.] In any
proceeding under this section, the court shall make specific
findings:
(1) that reasonable efforts to prevent the placement and to
reunify the child and the parent were made including
individualized and explicit findings regarding the nature and
extent of efforts made by the social services agency to
rehabilitate the parent and reunite the family; or
(2) that reasonable efforts at reunification are not
required as provided under section 260.012.
Sec. 37. Minnesota Statutes 2000, section 260C.312, is
amended to read:
260C.312 [DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.]
(a) If, after a hearing, the court does not terminate
parental rights but determines that the child is in need of
protection or services, or that the child is neglected and in
foster care, the court may find the child is in need of
protection or services or neglected and in foster care and may
enter an order in accordance with the provisions of section
260C.201.
(b) When a child has been in placement 15 of the last 22
months after a trial on a termination of parental rights
petition, if the court finds that the petition is not proven or
that termination of parental rights is not in the child's best
interests, the court must order the child returned to the care
of the parent unless the court finds compelling reasons why the
child should remain out of the care of the parent. If the court
orders the child returned to the care of the parent, the court
may order protective supervision or monitoring under section
260C.201.
Sec. 38. Minnesota Statutes 2000, section 260C.317,
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) When adoption is not the intended disposition, and if
the child continues in out-of-home placement for 12 months after
the court has issued the order terminating parental rights and
at least every 12 months thereafter as long as the child
continues in out-of-home placement, the court shall conduct a
permanency review hearing to determine the future status of the
child including, but not limited to, whether the child should be
continued in out-of-home placement, should be placed for
adoption, or should, because of the child's special needs and
for compelling reasons, be ordered into long-term out-of-home
placement.
(d) The court shall retain jurisdiction in a case where
long-term foster care is the permanent disposition whether under
paragraph (c) or section 260C.201, subdivision 11. 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. All of the review
requirements under section 260C.201, subdivision 11, paragraph
(g), apply.
Sec. 39. Minnesota Statutes 2000, section 260C.325,
subdivision 4, is amended to read:
Subd. 4. [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian
appointed under the provisions of this section has legal custody
of a ward unless the court which appoints the guardian gives
legal custody to some other person. If the court awards custody
to a person other than the guardian, the guardian nonetheless
has the right and responsibility of reasonable visitation,
except as limited by court order.
(b) The guardian may make major decisions affecting the
person of the ward, including but not limited to giving consent
(when consent is legally required) to the marriage, enlistment
in the armed forces, medical, surgical, or psychiatric
treatment, or adoption of the ward. When, pursuant to this
section, the commissioner of human services is appointed
guardian, the commissioner may delegate to the local responsible
social services agency of the county in which, after the
appointment, the ward resides, the authority to act for the
commissioner in decisions affecting the person of the ward,
including but not limited to giving consent to the marriage,
enlistment in the armed forces, medical, surgical, or
psychiatric treatment of the ward.
(c) A guardianship created under the provisions of this
section shall not of itself include the guardianship of the
estate of the ward.
(d) If the ward is in foster care, the court shall, upon
its own motion or that of the guardian, conduct a dispositional
hearing within 18 months of the child's initial foster care
placement and once every 12 months thereafter to determine the
future status of the ward including, but not limited to, whether
the child should be continued in foster care for a specified
period, should be placed for adoption, or should, because of the
child's special needs or circumstances, be continued in foster
care on a long-term basis.
Sec. 40. Minnesota Statutes 2000, section 626.556,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection of a child by a
person responsible for the child's care, by a person who has a
significant relationship to the child, as defined in section
609.341, or by a person in a position of authority, as defined
in section 609.341, subdivision 10, to any act which constitutes
a violation of section 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), or
609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which
constitutes a violation of prostitution offenses under sections
609.321 to 609.324 or 617.246. Sexual abuse includes threatened
sexual abuse.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means:
(1) failure by a person responsible for a child's care to
supply a child with necessary food, clothing, shelter, health,
medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions
which imminently and seriously endanger the child's physical or
mental health when reasonably able to do so;
(3) failure to provide for necessary supervision or child
care arrangements appropriate for a child after considering
factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to
care for the child's own basic needs or safety, or the basic
needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined
in sections 120A.22 and 260C.163, subdivision 11;
(5) nothing in this section shall be construed to mean that
a child is neglected 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; except that a parent, guardian, or
caretaker, or a person mandated to report pursuant to
subdivision 3, has a duty to report if a lack of medical care
may cause serious danger to the child's health. This section
does not impose upon persons, not otherwise legally responsible
for providing a child with necessary food, clothing, shelter,
education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined
in section 253B.02, subdivision 2, used by the mother for a
nonmedical purpose, as evidenced by withdrawal symptoms in the
child at birth, results of a toxicology test performed on the
mother at delivery or the child at birth, or medical effects or
developmental delays during the child's first year of life that
medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007,
subdivision 4, clause (5);
(8) chronic and severe use of alcohol or a controlled
substance by a parent or person responsible for the care of the
child that adversely affects the child's basic needs and safety;
or
(9) emotional harm from a pattern of behavior which
contributes to impaired emotional functioning of the child which
may be demonstrated by a substantial and observable effect in
the child's behavior, emotional response, or cognition that is
not within the normal range for the child's age and stage of
development, with due regard to the child's culture.
(d) "Physical abuse" means any physical injury, mental
injury, or threatened injury, inflicted by a person responsible
for the child's care on a child other than by accidental means,
or any physical or mental injury that cannot reasonably be
explained by the child's history of injuries, or any aversive
and deprivation procedures that have not been authorized under
section 245.825. Abuse does not include reasonable and moderate
physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Actions which are
not reasonable and moderate include, but are not limited to, any
of the following that are done in anger or without regard to the
safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any
nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in
section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous,
harmful, or controlled substances which were not prescribed for
the child by a practitioner, in order to control or punish the
child; or other substances that substantially affect the child's
behavior, motor coordination, or judgment or that results in
sickness or internal injury, or subjects the child to medical
procedures that would be unnecessary if the child were not
exposed to the substances; or
(9) unreasonable physical confinement or restraint not
permitted under section 609.379, including but not limited to
tying, caging, or chaining.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a licensed or unlicensed day care
facility, residential facility, agency, hospital, sanitarium, or
other facility or institution required to be licensed under
sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
chapter 245B; or a school as defined in sections 120A.05,
subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in sections
256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
(k) "Mental injury" means an injury to the psychological
capacity or emotional stability of a child as evidenced by an
observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with
due regard to the child's culture.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of
physical or sexual abuse or mental injury. Threatened injury
includes, but is not limited to, exposing a child to a person
responsible for the child's care, as defined in paragraph (b),
clause (1), who has:
(1) subjected a child to, or failed to protect a child
from, an overt act or condition that constitutes egregious harm,
as defined in section 260C.007, subdivision 26, or a similar law
of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301,
paragraph (b), clause (4), or a similar law of another
jurisdiction;
(3) committed an act that has resulted in an involuntary
termination of parental rights under section 260C.301, or a
similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary
transfer of permanent legal and physical custody of a child to a
relative under section 260C.201, subdivision 11, paragraph (e),
clause (1), or a similar law of another jurisdiction.
(m) Persons who conduct assessments or investigations under
this section shall take into account accepted child-rearing
practices of the culture in which a child participates, which
are not injurious to the child's health, welfare, and safety.
Sec. 41. [EXCHANGE OF RECORDS BETWEEN DEPARTMENT OF HEALTH
AND DEPARTMENT OF HUMAN SERVICES.]
The commissioners of health and human services shall
exchange birth record data and data contained in recognitions of
parentage for the purpose of identifying a child who is subject
to threatened injury by a person responsible for a child's care
to the extent possible using existing resources and information
systems.
Sec. 42. [UNIFORM PARENTAGE ACT STUDY AND REPORT.]
(a) The commissioner of human services shall appoint a task
force to review the Uniform Parentage Act adopted by the Uniform
Laws Commission in 2000 and to make recommendations to the
legislature on whether Minnesota should enact all or part of the
Uniform Parentage Act, whether portions of that act should be
amended, and when it should be effective if it is enacted.
(b) The task force appointed under paragraph (a) should
include, but is not limited to, persons representing:
(1) the department of human services;
(2) the department of health;
(3) adoption agencies;
(4) the Family Law and Children and the Law Sections of the
Minnesota State Bar Association;
(5) the Juvenile Law Section of the Hennepin County Bar
Association;
(6) genetic testing organizations;
(7) public defenders;
(8) county attorneys;
(9) legal service attorneys;
(10) judges;
(11) child support magistrates;
(12) children's advocates;
(13) communities of color;
(14) guardians ad litem;
(15) parent organizations;
(16) families involved in infertility treatment processes;
(17) persons who have been adopted;
(18) birth parents;
(19) adoptive families; and
(20) noncustodial parents.
(c) The task force must submit its report and
recommendations to the chairs of the committees in the house of
representatives and senate with jurisdiction over family and
parentage issues by January 15, 2002. The task force expires on
January 15, 2002.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 43. [REPEALER.]
Minnesota Statutes 2000, sections 260C.325, subdivision 2;
and 626.5565, are repealed.
Sec. 44. [INSTRUCTION TO REVISOR.]
(a) The revisor of statutes shall change the term "local
social services agency" to "responsible social services agency"
in Minnesota Statutes, chapter 260C.
(b) The revisor of statutes shall renumber definitions
putting the terms in alphabetical order under Minnesota
Statutes, section 260C.007, and change affected cross-references
accordingly.
ARTICLE 2
DATA PRACTICES AND CHILD MALTREATMENT
Section 1. Minnesota Statutes 2000, section 13.319, is
amended by adding a subdivision to read:
Subd. 7. [CHILD CARE ASSISTANCE PROGRAM.] Data collected
for purposes of administering the child care assistance program
are classified under section 119B.02, subdivision 6.
Sec. 2. Minnesota Statutes 2000, section 13.32,
subdivision 3, is amended to read:
Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
Except as provided in subdivision 5, educational data is private
data on individuals and shall not be disclosed except as follows:
(a) Pursuant to section 13.05;
(b) Pursuant to a valid court order;
(c) Pursuant to a statute specifically authorizing access
to the private data;
(d) To disclose information in health and safety
emergencies pursuant to the provisions of United States Code,
title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36;
(e) Pursuant to the provisions of United States Code, title
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
(b)(3) and Code of Federal Regulations, title 34, sections
99.31, 99.32, 99.33, 99.34, and 99.35;
(f) To appropriate health authorities to the extent
necessary to administer immunization programs and for bona fide
epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in
which the investigation is being conducted;
(g) When disclosure is required for institutions that
participate in a program under title IV of the Higher Education
Act, United States Code, title 20, chapter 1092;
(h) To the appropriate school district officials to the
extent necessary under subdivision 6, annually to indicate the
extent and content of remedial instruction, including the
results of assessment testing and academic performance at a
post-secondary institution during the previous academic year by
a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;
(i) To appropriate authorities as provided in United States
Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
the juvenile justice system and the ability of the system to
effectively serve, prior to adjudication, the student whose
records are released; provided that the authorities to whom the
data are released submit a written request for the data that
certifies that the data will not be disclosed to any other
person except as authorized by law without the written consent
of the parent of the student and the request and a record of the
release are maintained in the student's file;
(j) To volunteers who are determined to have a legitimate
educational interest in the data and who are conducting
activities and events sponsored by or endorsed by the
educational agency or institution for students or former
students;
(k) To provide student recruiting information, from
educational data held by colleges and universities, as required
by and subject to Code of Federal Regulations, title 32, section
216; or
(l) To the juvenile justice system if information about the
behavior of a student who poses a risk of harm is reasonably
necessary to protect the health or safety of the student or
other individuals.;
(m) With respect to social security numbers of students in
the adult basic education system, to Minnesota state colleges
and universities and the department of economic security for the
purpose and in the manner described in section 124D.52,
subdivision 7.; or
(n) To the commissioner of children, families, and learning
for purposes of an assessment or investigation of a report of
alleged maltreatment of a student as mandated by section
626.556. Upon request by the commissioner of children,
families, and learning, data that are relevant to a report of
maltreatment and are from charter school and school district
investigations of alleged maltreatment of a student must be
disclosed to the commissioner, including, but not limited to,
the following:
(1) information regarding the student alleged to have been
maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any,
by the school facility in response to a report of maltreatment
by an employee or agent of the school or school district.
Sec. 3. Minnesota Statutes 2000, section 13.43, is amended
by adding a subdivision to read:
Subd. 14. [MALTREATMENT DATA.] When a report of alleged
maltreatment of a student in a school facility, as defined in
section 626.556, subdivision 2, paragraph (f), is made to the
commissioner of children, families, and learning under section
626.556, data that are relevant to a report of maltreatment and
are collected by the school facility about the person alleged to
have committed maltreatment must be provided to the commissioner
of children, families, and learning upon request for purposes of
an assessment or investigation of the maltreatment report. Data
received by the commissioner of children, families, and learning
pursuant to these assessments or investigations are classified
under section 626.556.
Sec. 4. Minnesota Statutes 2000, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) between the department of human services, the
department of children, families, and learning, and the
department of economic security for the purpose of monitoring
the eligibility of the data subject for unemployment benefits,
for any employment or training program administered, supervised,
or certified by that agency, for the purpose of administering
any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system, or to
monitor and evaluate the Minnesota family investment program by
exchanging data on recipients and former recipients of food
stamps, cash assistance under chapter 256, 256D, 256J, or 256K,
child care assistance under chapter 119B, or medical programs
under chapter 256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment
program participant may be disclosed to law enforcement officers
who provide the name of the participant and notify the agency
that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed
to probation officers and corrections agents who are supervising
the recipient and to law enforcement officers who are
investigating the recipient in connection with a felony level
offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
Food Stamp Act, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving
food stamps shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family
investment program, general assistance, general assistance
medical care, or food stamps may be disclosed to law enforcement
officers who, in writing, provide the name of the recipient and
notify the agency that the recipient is a person required to
register under section 243.166, but is not residing at the
address at which the recipient is registered under section
243.166;
(20) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(21) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the
enforcement actions undertaken by the public authority, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(23) to the department of children, families, and learning
for the purpose of matching department of children, families,
and learning student data with public assistance data to
determine students eligible for free and reduced price meals,
meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
allocate federal and state funds that are distributed based on
income of the student's family; and to verify receipt of energy
assistance for the telephone assistance plan;
(24) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(26) to personnel of public assistance programs as defined
in section 256.741, for access to the child support system
database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family
investment program by exchanging data between the departments of
human services and children, families, and learning, on
recipients and former recipients of food stamps, cash assistance
under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B,
256D, or 256L; or
(28) to evaluate child support program performance and to
identify and prevent fraud in the child support program by
exchanging data between the department of human services,
department of revenue under section 270B.14, subdivision 1,
paragraphs (a) and (b), without regard to the limitation of use
in paragraph (c), department of health, department of economic
security, and other state agencies as is reasonably necessary to
perform these functions; or
(29) counties operating child care assistance programs
under chapter 119B may disseminate data on program participants,
applicants, and providers to the commissioner of children,
families, and learning.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be
deemed to be made in writing if made through a computer
interface system.
Sec. 5. Minnesota Statutes 2000, section 119B.02, is
amended by adding a subdivision to read:
Subd. 6. [DATA.] Data on individuals collected by the
commissioner for purposes of administering this chapter are
private data on individuals as defined in section 13.02.
Sec. 6. Minnesota Statutes 2000, section 256.045,
subdivision 3b, is amended to read:
Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT
HEARINGS.] The state human services referee shall determine that
maltreatment has occurred if a preponderance of evidence exists
to support the final disposition under sections 626.556 and
626.557.
The state human services referee shall recommend an order
to the commissioner of health, children, families, and learning,
or human services, as applicable, who shall issue a final
order. The commissioner shall affirm, reverse, or modify the
final disposition. Any order of the commissioner issued in
accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7.
In any licensing appeal under chapter 245A and sections 144.50
to 144.58 and 144A.02 to 144A.46, the commissioner's
determination as to maltreatment is conclusive.
Sec. 7. Minnesota Statutes 2000, section 626.556,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection of a child by a
person responsible for the child's care, by a person who has a
significant relationship to the child, as defined in section
609.341, or by a person in a position of authority, as defined
in section 609.341, subdivision 10, to any act which constitutes
a violation of section 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), or
609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which
constitutes a violation of prostitution offenses under sections
609.321 to 609.324 or 617.246. Sexual abuse includes threatened
sexual abuse.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, other school employees or agents,
or other lawful custodian of a child having either full-time or
short-term care responsibilities including, but not limited to,
day care, babysitting whether paid or unpaid, counseling,
teaching, and coaching.
(c) "Neglect" means:
(1) failure by a person responsible for a child's care to
supply a child with necessary food, clothing, shelter, health,
medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions
which imminently and seriously endanger the child's physical or
mental health when reasonably able to do so;
(3) failure to provide for necessary supervision or child
care arrangements appropriate for a child after considering
factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to
care for the child's own basic needs or safety, or the basic
needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined
in sections 120A.22 and 260C.163, subdivision 11;
(5) nothing in this section shall be construed to mean that
a child is neglected 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; except that a parent, guardian, or
caretaker, or a person mandated to report pursuant to
subdivision 3, has a duty to report if a lack of medical care
may cause serious danger to the child's health. This section
does not impose upon persons, not otherwise legally responsible
for providing a child with necessary food, clothing, shelter,
education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined
in section 253B.02, subdivision 2, used by the mother for a
nonmedical purpose, as evidenced by withdrawal symptoms in the
child at birth, results of a toxicology test performed on the
mother at delivery or the child at birth, or medical effects or
developmental delays during the child's first year of life that
medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007,
subdivision 4, clause (5);
(8) chronic and severe use of alcohol or a controlled
substance by a parent or person responsible for the care of the
child that adversely affects the child's basic needs and safety;
or
(9) emotional harm from a pattern of behavior which
contributes to impaired emotional functioning of the child which
may be demonstrated by a substantial and observable effect in
the child's behavior, emotional response, or cognition that is
not within the normal range for the child's age and stage of
development, with due regard to the child's culture.
(d) "Physical abuse" means any physical injury, mental
injury, or threatened injury, inflicted by a person responsible
for the child's care on a child other than by accidental means,
or any physical or mental injury that cannot reasonably be
explained by the child's history of injuries, or any aversive
and or deprivation procedures, or regulated interventions, that
have not been authorized under section 121A.67 or 245.825.
Abuse does not include reasonable and moderate physical
discipline of a child administered by a parent or legal guardian
which does not result in an injury. Abuse does not include the
use of reasonable force by a teacher, principal, or school
employee as allowed by section 121A.582. Actions which are not
reasonable and moderate include, but are not limited to, any of
the following that are done in anger or without regard to the
safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any
nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in
section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous,
harmful, or controlled substances which were not prescribed for
the child by a practitioner, in order to control or punish the
child; or other substances that substantially affect the child's
behavior, motor coordination, or judgment or that results in
sickness or internal injury, or subjects the child to medical
procedures that would be unnecessary if the child were not
exposed to the substances; or
(9) unreasonable physical confinement or restraint not
permitted under section 609.379, including but not limited to
tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a
person responsible for the child's care that is a violation
under section 121A.58.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff, or agency
responsible for assessing or investigating maltreatment pursuant
to this section.
(f) "Facility" means a licensed or unlicensed day care
facility, residential facility, agency, hospital, sanitarium, or
other facility or institution required to be licensed under
sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
chapter 245B; or a school as defined in sections 120A.05,
subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in sections
256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
(k) "Mental injury" means an injury to the psychological
capacity or emotional stability of a child as evidenced by an
observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with
due regard to the child's culture.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of
physical or sexual abuse or mental injury.
(m) Persons who conduct assessments or investigations under
this section shall take into account accepted child-rearing
practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious
to the child's health, welfare, and safety.
Sec. 8. Minnesota Statutes 2000, section 626.556,
subdivision 3, is amended to read:
Subd. 3. [PERSONS MANDATED TO REPORT.] (a) A person who
knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or
has been neglected or physically or sexually abused within the
preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or
investigating the report, police department, or the county
sheriff if the person is:
(1) a professional or professional's delegate who is
engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment,
child care, education, or law enforcement; or
(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to
report information that is otherwise privileged under section
595.02, subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving
a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing. The
county sheriff and the head of every local welfare agency,
agency responsible for assessing or investigating reports, and
police department shall each designate a person within their
agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph and paragraph (b)
are carried out. Nothing in this subdivision shall be construed
to require more than one report from any institution, facility,
school, or agency.
(b) Any person may voluntarily report to the local welfare
agency, agency responsible for assessing or investigating the
report, police department, or the county sheriff if the person
knows, has reason to believe, or suspects a child is being or
has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing.
(c) A person mandated to report physical or sexual child
abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing
the facility under sections 144.50 to 144.58; 241.021; 245A.01
to 245A.16; or chapter 245B, or a school as defined in sections
120A.05, subdivisions 9, 11, and 13; and 124D.10; or a
nonlicensed personal care provider organization as defined in
sections 256B.04, subdivision 16; and 256B.0625, subdivision
19. A health or corrections agency receiving a report may
request the local welfare agency to provide assistance pursuant
to subdivisions 10, 10a, and 10b. A board or other entity whose
licensees perform work within a school facility, upon receiving
a complaint of alleged maltreatment, shall provide information
about the circumstances of the alleged maltreatment to the
commissioner of children, families, and learning. Section
13.03, subdivision 4, applies to data received by the
commissioner of children, families, and learning from a
licensing entity.
(d) Any person mandated to report shall receive a summary
of the disposition of any report made by that reporter,
including whether the case has been opened for child protection
or other services, or if a referral has been made to a community
organization, unless release would be detrimental to the best
interests of the child. Any person who is not mandated to
report shall, upon request to the local welfare agency, receive
a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best
interests of the child.
(e) For purposes of this subdivision, "immediately" means
as soon as possible but in no event longer than 24 hours.
Sec. 9. Minnesota Statutes 2000, section 626.556,
subdivision 4, is amended to read:
Subd. 4. [IMMUNITY FROM LIABILITY.] (a) The following
persons are immune from any civil or criminal liability that
otherwise might result from their actions, if they are acting in
good faith:
(1) any person making a voluntary or mandated report under
subdivision 3 or under section 626.5561 or assisting in an
assessment under this section or under section 626.5561;
(2) any person with responsibility for performing duties
under this section or supervisor employed by a local welfare
agency, the commissioner of an agency responsible for operating
or supervising a licensed or unlicensed day care facility,
residential facility, agency, hospital, sanitarium, or other
facility or institution required to be licensed under sections
144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a
school as defined in sections 120A.05, subdivisions 9, 11, and
13; and 124D.10; or a nonlicensed personal care provider
organization as defined in sections 256B.04, subdivision 16; and
256B.0625, subdivision 19a, complying with subdivision 10d; and
(3) any public or private school, facility as defined in
subdivision 2, or the employee of any public or private school
or facility who permits access by a local welfare agency, the
department of children, families, and learning, or a local law
enforcement agency and assists in an investigation or assessment
pursuant to subdivision 10 or under section 626.5561.
(b) A person who is a supervisor or person with
responsibility for performing duties under this section employed
by a local welfare agency, the commissioner of human services,
or the commissioner of children, families, and learning
complying with subdivisions 10 and 11 or section 626.5561 or any
related rule or provision of law is immune from any civil or
criminal liability that might otherwise result from the person's
actions, if the person is (1) acting in good faith and
exercising due care, or (2) acting in good faith and following
the information collection procedures established under
subdivision 10, paragraphs (h), (i), and (j).
(c) This subdivision does not provide immunity to any
person for failure to make a required report or for committing
neglect, physical abuse, or sexual abuse of a child.
(d) If a person who makes a voluntary or mandatory report
under subdivision 3 prevails in a civil action from which the
person has been granted immunity under this subdivision, the
court may award the person attorney fees and costs.
Sec. 10. Minnesota Statutes 2000, section 626.556,
subdivision 7, is amended to read:
Subd. 7. [REPORT.] An oral report shall be made
immediately by telephone or otherwise. An oral report made by a
person required under subdivision 3 to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report
in writing to the appropriate police department, the county
sheriff, the agency responsible for assessing or investigating
the report, or the local welfare agency, unless the appropriate
agency has informed the reporter that the oral information does
not constitute a report under subdivision 10. Any report shall
be of sufficient content to identify the child, any person
believed to be responsible for the abuse or neglect of the child
if the person is known, the nature and extent of the abuse or
neglect and the name and address of the reporter. If requested,
the local welfare agency or the agency responsible for assessing
or investigating the report shall inform the reporter within ten
days after the report is made, either orally or in writing,
whether the report was accepted for assessment or investigation.
Written reports received by a police department or the county
sheriff shall be forwarded immediately to the local welfare
agency or the agency responsible for assessing or investigating
the report. The police department or the county sheriff may
keep copies of reports received by them. Copies of written
reports received by a local welfare department or the agency
responsible for assessing or investigating the report shall be
forwarded immediately to the local police department or the
county sheriff.
A written copy of a report maintained by personnel of
agencies, other than welfare or law enforcement agencies, which
are subject to chapter 13 shall be confidential. An individual
subject of the report may obtain access to the original report
as provided by subdivision 11.
Sec. 11. Minnesota Statutes 2000, 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 including
gathering information on the existence of substance abuse 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.
If the assessment indicates there is a potential for abuse
of alcohol or other drugs by the parent, guardian, or person
responsible for the child's care, the local welfare agency shall
conduct a chemical use assessment pursuant to Minnesota Rules,
part 9530.6615. The local welfare agency shall report the
determination of the chemical use assessment, and the
recommendations and referrals for alcohol and other drug
treatment services to the state authority on alcohol and drug
abuse.
(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. The commissioner
of children, families, and learning shall inform the ombudsman
established under sections 245.91 to 245.97 of reports regarding
a child defined as a client in section 245.91 that maltreatment
occurred at a school as defined in sections 120A.05,
subdivisions 9, 11, and 13, and 124D.10.
(c) Authority of the local welfare agency responsible for
assessing the child abuse or neglect report, the agency
responsible for assessing or investigating the 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, or the agency responsible for assessing or investigating
a report of maltreatment 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, unless a school
employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or
the agency responsible for assessing or investigating a report
of maltreatment 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 of human services, the ombudsman for
mental health and mental retardation, the local welfare agencies
responsible for investigating reports, the commissioner of
children, families, and learning, 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 or the agency responsible for
assessing or investigating the report 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 or the agency
responsible for assessing or investigating the report 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 or the agency responsible for assessing
or investigating the report 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, and substance abuse.
Nothing in this paragraph precludes the local welfare
agency, the local law enforcement agency, or the agency
responsible for assessing or investigating the report 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 or the agency responsible
for assessing or investigating the report during the course of
the assessment or investigation are private data on individuals
and must be maintained in accordance with subdivision 11. Data
of the commissioner of children, families, and learning
collected or maintained during and for the purpose of an
investigation of alleged maltreatment in a school are governed
by this section, notwithstanding the data's classification as
educational, licensing, or personnel data under chapter 13.
In conducting an assessment or investigation involving a
school facility as defined in subdivision 2, paragraph (f), the
commissioner of children, families, and learning shall collect
investigative reports and data that are relevant to a report of
maltreatment and are from local law enforcement and the school
facility.
(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.
(k) In conducting an assessment or investigation involving
a school facility as defined in subdivision 2, paragraph (f),
the commissioner of children, families, and learning shall
collect available and relevant information and use the
procedures in paragraphs (h), (i), and (j), provided that the
commissioner may also base the assessment or investigation on
investigative reports and data received from the school facility
and local law enforcement, to the extent those investigations
satisfy the requirements of paragraphs (h), (i), and (j).
Sec. 12. Minnesota Statutes 2000, section 626.556,
subdivision 10b, is amended to read:
Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN
FACILITY.] (a) This section applies to the commissioners of
human services, health, and children, families, and learning.
The commissioner of the agency responsible for assessing or
investigating the report shall immediately assess or investigate
if the report alleges that:
(1) a child who is in the care of a facility as defined in
subdivision 2 is neglected, physically abused, or sexually
abused by an individual in that facility, or has been so
neglected or abused by an individual in that facility within the
three years preceding the report; or
(2) a child was neglected, physically abused, or sexually
abused by an individual in a facility defined in subdivision 2,
while in the care of that facility within the three years
preceding the report.
The commissioner of the agency responsible for assessing or
investigating the report shall arrange for the transmittal to
the commissioner of reports received by local agencies and may
delegate to a local welfare agency the duty to investigate
reports. In conducting an investigation under this section, the
commissioner has the powers and duties specified for local
welfare agencies under this section. The commissioner of the
agency responsible for assessing or investigating the report or
local welfare agency may interview any children who are or have
been in the care of a facility under investigation and their
parents, guardians, or legal custodians.
(b) Prior to any interview, the commissioner of the agency
responsible for assessing or investigating the report or local
welfare agency shall notify the parent, guardian, or legal
custodian of a child who will be interviewed in the manner
provided for in subdivision 10d, paragraph (a). If reasonable
efforts to reach the parent, guardian, or legal custodian of a
child in an out-of-home placement have failed, the child may be
interviewed if there is reason to believe the interview is
necessary to protect the child or other children in the
facility. The commissioner of the agency responsible for
assessing or investigating the report or local agency must
provide the information required in this subdivision to the
parent, guardian, or legal custodian of a child interviewed
without parental notification as soon as possible after the
interview. When the investigation is completed, any parent,
guardian, or legal custodian notified under this subdivision
shall receive the written memorandum provided for in subdivision
10d, paragraph (c).
(c) In conducting investigations under this subdivision the
commissioner or local welfare agency shall obtain access to
information consistent with subdivision 10, paragraphs (h), (i),
and (j). In conducting assessments or investigations under this
subdivision, the commissioner of children, families, and
learning shall obtain access to reports and investigative data
that are relevant to a report of maltreatment and are in the
possession of a school facility as defined in subdivision 2,
paragraph (f), notwithstanding the classification of the data as
educational or personnel data under chapter 13. This includes,
but is not limited to, school investigative reports, information
concerning the conduct of school personnel alleged to have
committed maltreatment of students, information about witnesses,
and any protective or corrective action taken by the school
facility regarding the school personnel alleged to have
committed maltreatment.
(d) Except for foster care and family child care, the
commissioner has the primary responsibility for the
investigations and notifications required under subdivisions 10d
and 10f for reports that allege maltreatment related to the care
provided by or in facilities licensed by the commissioner. The
commissioner may request assistance from the local social
services agency.
Sec. 13. Minnesota Statutes 2000, section 626.556,
subdivision 10d, is amended to read:
Subd. 10d. [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.]
(a) When a report is received that alleges neglect, physical
abuse, or sexual abuse of a child while in the care of a
licensed or unlicensed day care facility, residential facility,
agency, hospital, sanitarium, or other facility or institution
required to be licensed according to sections 144.50 to 144.58;
241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as
defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or a nonlicensed personal care provider organization as
defined in section 256B.04, subdivision 16, and 256B.0625,
subdivision 19a, the commissioner of the agency responsible for
assessing or investigating the report or local welfare agency
investigating the report shall provide the following information
to the parent, guardian, or legal custodian of a child alleged
to have been neglected, physically abused, or sexually abused:
the name of the facility; the fact that a report alleging
neglect, physical abuse, or sexual abuse of a child in the
facility has been received; the nature of the alleged neglect,
physical abuse, or sexual abuse; that the agency is conducting
an assessment or investigation; any protective or corrective
measures being taken pending the outcome of the investigation;
and that a written memorandum will be provided when the
investigation is completed.
(b) The commissioner of the agency responsible for
assessing or investigating the report or local welfare agency
may also provide the information in paragraph (a) to the parent,
guardian, or legal custodian of any other child in the facility
if the investigative agency knows or has reason to believe the
alleged neglect, physical abuse, or sexual abuse has occurred.
In determining whether to exercise this authority, the
commissioner of the agency responsible for assessing or
investigating the report or local welfare agency shall consider
the seriousness of the alleged neglect, physical abuse, or
sexual abuse; the number of children allegedly neglected,
physically abused, or sexually abused; the number of alleged
perpetrators; and the length of the investigation. The facility
shall be notified whenever this discretion is exercised.
(c) When the commissioner of the agency responsible for
assessing or investigating the report or local welfare agency
has completed its investigation, every parent, guardian, or
legal custodian previously notified of the investigation by the
commissioner or local welfare agency shall be provided with the
following information in a written memorandum: the name of the
facility investigated; the nature of the alleged neglect,
physical abuse, or sexual abuse; the investigator's name; a
summary of the investigation findings; a statement whether
maltreatment was found; and the protective or corrective
measures that are being or will be taken. The memorandum shall
be written in a manner that protects the identity of the
reporter and the child and shall not contain the name, or to the
extent possible, reveal the identity of the alleged perpetrator
or of those interviewed during the investigation. The
commissioner or local welfare agency shall also provide the
written memorandum to the parent, guardian, or legal custodian
of each child in the facility if maltreatment is determined to
exist. In the case of maltreatment within a school facility, as
defined in sections 120A.05, subdivisions 9, 11, and 13, and
124D.10, the commissioner of children, families, and learning
need not provide notification to parents, guardians, or legal
custodians of each child in the facility, but may provide
notification to the parent, guardian, or legal custodian of any
student alleged to have been maltreated or involved as a witness
to alleged maltreatment.
Sec. 14. Minnesota Statutes 2000, 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. Upon the conclusion of an assessment or
investigation by the commissioner of children, families, and
learning, the commissioner shall determine whether maltreatment
occurred and what corrective or protective action was taken by
the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the
employer, the school board, and any appropriate licensing entity
the determination that maltreatment occurred and what corrective
or protective action was taken by the school facility. In all
other cases, the commissioner shall inform the school board or
employer that a report was received, the subject of the report,
the date of the initial report, the category of maltreatment
alleged as defined in paragraph (a), the fact that maltreatment
was not determined, and a summary of the specific reasons for
the determination. When maltreatment is determined in an
investigation involving a facility, the investigating agency
shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual
were 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 and are
private data on individuals or nonpublic data as maintained by
the commissioner of children, families, and learning.
(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.
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. 15. Minnesota Statutes 2000, section 626.556,
subdivision 10i, is amended to read:
Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL
DETERMINATION OF MALTREATMENT.] (a) An individual or facility
that the commissioner or of human services, a local social
service agency, or the commissioner of children, families, and
learning determines has maltreated a child, or the child's
designee, regardless of the determination, who contests the
investigating agency's final determination regarding
maltreatment, may request the investigating agency to reconsider
its final determination regarding maltreatment. The request for
reconsideration must be submitted in writing to the
investigating agency within 15 calendar days after receipt of
notice of the final determination regarding maltreatment.
(b) If the investigating agency denies the request or fails
to act upon the request within 15 calendar days after receiving
the request for reconsideration, the person or facility entitled
to a fair hearing under section 256.045 may submit to the
commissioner of human services or the commissioner of children,
families, and learning a written request for a hearing under
that section. Section 256.045 also governs hearings requested
to contest a final determination of the commissioner of
children, families, and learning.
(c) If, as a result of the reconsideration, the
investigating agency changes the final determination of
maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.
(d) If an individual or facility contests the investigating
agency's final determination regarding maltreatment by
requesting a fair hearing under section 256.045, the
commissioner of human services shall assure that the hearing is
conducted and a decision is reached within 90 days of receipt of
the request for a hearing. The time for action on the decision
may be extended for as many days as the hearing is postponed or
the record is held open for the benefit of either party.
Sec. 16. Minnesota Statutes 2000, section 626.556,
subdivision 10j, is amended to read:
Subd. 10j. [RELEASE OF DATA TO MANDATED REPORTERS.] A
local social services or child protection agency, or the agency
responsible for assessing or investigating the report of
maltreatment, 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, in the best interests of the
child. Mandated reporters with ongoing responsibility for the
health, education, or welfare of a child affected by the data
include the child's teachers or other appropriate school
personnel, foster parents, health care providers, respite care
workers, therapists, social workers, child care providers,
residential care staff, crisis nursery staff, probation
officers, and court services personnel. Under this section, a
mandated reporter need not have made the report to be considered
a person with ongoing responsibility for the health, education,
or welfare of a child affected by the data. Data provided under
this section must be limited to data pertinent to the
individual's responsibility for caring for the child.
Sec. 17. Minnesota Statutes 2000, section 626.556,
subdivision 11, is amended to read:
Subd. 11. [RECORDS.] (a) Except as provided in paragraph
(b) and subdivisions 10b, 10d, 10g, and 11b, all records
concerning individuals maintained by a local welfare agency or
agency responsible for assessing or investigating the report
under this section, including any written reports filed under
subdivision 7, shall be private data on individuals, except
insofar as copies of reports are required by subdivision 7 to be
sent to the local police department or the county sheriff. All
records concerning determinations of maltreatment by a facility
are nonpublic data as maintained by the department of children,
families, and learning, except insofar as copies of reports are
required by subdivision 7 to be sent to the local police
department or the county sheriff. Reports maintained by any
police department or the county sheriff shall be private data on
individuals except the reports shall be made available to the
investigating, petitioning, or prosecuting authority, including
county medical examiners or county coroners. Section 13.82,
subdivisions 7, 5a, and 5b, apply to law enforcement data other
than the reports. The local social services agency or agency
responsible for assessing or investigating the report shall make
available to the investigating, petitioning, or prosecuting
authority, including county medical examiners or county coroners
or their professional delegates, any records which contain
information relating to a specific incident of neglect or abuse
which is under investigation, petition, or prosecution and
information relating to any prior incidents of neglect or abuse
involving any of the same persons. The records shall be
collected and maintained in accordance with the provisions of
chapter 13. In conducting investigations and assessments
pursuant to this section, the notice required by section 13.04,
subdivision 2, need not be provided to a minor under the age of
ten who is the alleged victim of abuse or neglect. An
individual subject of a record shall have access to the record
in accordance with those sections, except that the name of the
reporter shall be confidential while the report is under
assessment or investigation except as otherwise permitted by
this subdivision. Any person conducting an investigation or
assessment under this section who intentionally discloses the
identity of a reporter prior to the completion of the
investigation or assessment is guilty of a misdemeanor. After
the assessment or investigation is completed, the name of the
reporter shall be confidential. The subject of the report may
compel disclosure of the name of the reporter only with the
consent of the reporter or upon a written finding by the court
that the report was false and that there is evidence that the
report was made in bad faith. This subdivision does not alter
disclosure responsibilities or obligations under the rules of
criminal procedure.
(b) Upon request of the legislative auditor, data on
individuals maintained under this section must be released to
the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall
maintain the data in accordance with chapter 13.
(c) The commissioner of children, families, and learning
must be provided with all requested data that are relevant to a
report of maltreatment and are in possession of a school
facility as defined in subdivision 2, paragraph (f), when the
data is requested pursuant to an assessment or investigation of
a maltreatment report of a student in a school. If the
commissioner of children, families, and learning makes a
determination of maltreatment involving an individual performing
work within a school facility who is licensed by a board or
other agency, the commissioner shall provide necessary and
relevant information to the licensing entity to enable the
entity to fulfill its statutory duties. Notwithstanding section
13.03, subdivision 4, data received by a licensing entity under
this paragraph are governed by section 13.41 or other applicable
law governing data of the receiving entity, except that this
section applies to the classification of and access to data on
the reporter of the maltreatment.
Sec. 18. [EFFECTIVE DATE.]
Sections 1 to 17 are effective the day following final
enactment.
Presented to the governor May 23, 2001
Signed by the governor May 25, 2001, 12:12 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes