Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 159-H.F.No. 1889
An act relating to human services; implementing child
protection, child care, and child and family support
provisions; amending Minnesota Statutes 2004, sections
119A.43, subdivision 2; 119B.025, subdivision 1;
119B.03, subdivision 6; 119B.09, subdivisions 4, 9;
144D.025; 256.978, subdivision 2; 256D.02, subdivision
17; 256D.051, subdivision 6c; 256I.04, subdivision 2a;
256I.05, by adding a subdivision; 256J.626,
subdivisions 6, 7, 8; 256J.751, subdivisions 2, 5;
257.85, subdivisions 2, 3; 259.23, subdivisions 1, 2;
259.41, subdivision 3; 259.67, subdivisions 2, 4;
259.75, subdivision 1; 259.79, subdivision 1; 259.85,
subdivision 1; 260.012; 260C.001, subdivision 3;
260C.007, subdivision 8; 260C.151, subdivision 6;
260C.178; 260C.201, subdivisions 1, 10, 11; 260C.312;
260C.317, subdivision 3; 548.091, subdivision 1a;
626.556, subdivisions 1, 2, 3, 10, 10b, 10e, 10f, 10i,
11, 11c, by adding subdivisions; repealing Minnesota
Statutes 2004, sections 626.5551, subdivisions 1, 2,
3, 4, 5; Minnesota Rules, parts 9500.1206, subparts
20, 26d, 27; 9560.0220, subpart 6, item B; 9560.0230,
subpart 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD WELFARE: ALTERNATIVE RESPONSE
Section 1. Minnesota Statutes 2004, section 626.556,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC POLICY.] The legislature hereby
declares that the public policy of this state is to protect
children whose health or welfare may be jeopardized through
physical abuse, neglect, or sexual abuse. While it is
recognized that most parents want to keep their children safe,
sometimes circumstances or conditions interfere with their
ability to do so. When this occurs, families are best served by
interventions that engage their protective capacities and
address immediate safety concerns and ongoing risks of child
maltreatment. In furtherance of this public policy, it is the
intent of the legislature under this section to strengthen the
family and make the home, school, and community safe for
children by promoting responsible child care in all settings;
and to provide, when necessary, a safe temporary or permanent
home environment for physically or sexually abused or neglected
children.
In addition, it is the policy of this state to require the
reporting of neglect, physical or sexual abuse of children in
the home, school, and community settings; to provide for the
voluntary reporting of abuse or neglect of children; to require
the a family assessment and, when appropriate, as the preferred
response to reports not alleging substantial child endangerment;
to require an investigation of the reports when the report
alleges substantial child endangerment; and to provide
protective and counseling, family support, and family
preservation services when needed in appropriate cases.
Sec. 2. Minnesota Statutes 2004, 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) "Family assessment" means a comprehensive assessment of
child safety, risk of subsequent child maltreatment, and family
strengths and needs that is applied to a child maltreatment
report that does not allege substantial child endangerment.
Family assessment does not include a determination as to whether
child maltreatment occurred but does determine the need for
services to address the safety of family members and the risk of
subsequent maltreatment.
(b) "Investigation" means fact gathering related to the
current safety of a child and the risk of subsequent
maltreatment that determines whether child maltreatment occurred
and whether child protective services are needed. An
investigation must be used when reports involve substantial
child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B;
under sections 144.50 to 144.58 and 241.021; in a school as
defined in sections 120A.05, subdivisions 9, 11, and 13, and
124D.10; or in a nonlicensed personal care provider association
as defined in sections 256B.04, subdivision 16, and 256B.0625,
subdivision 19a.
(c) "Substantial child endangerment" means a person
responsible for a child's care, a person who has a significant
relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341,
who by act or omission commits or attempts to commit an act
against a child under their care that constitutes any of the
following:
(1) egregious harm as defined in section 260C.007,
subdivision 14;
(2) sexual abuse as defined in paragraph (d);
(3) abandonment under section 260C.301, subdivision 2;
(4) neglect as defined in paragraph (f), clause (2), that
substantially endangers the child's physical or mental health,
including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to
parental neglect;
(5) murder in the first, second, or third degree under
section 609.185, 609.19, or 609.195;
(6) manslaughter in the first or second degree under
section 609.20 or 609.205;
(7) assault in the first, second, or third degree under
section 609.221, 609.222, or 609.223;
(8) solicitation, inducement, and promotion of prostitution
under section 609.322;
(9) criminal sexual conduct under sections 609.342 to
609.3451;
(10) solicitation of children to engage in sexual conduct
under section 609.352;
(11) malicious punishment or neglect or endangerment of a
child under section 609.377 or 609.378;
(12) use of a minor in sexual performance under section
617.246; or
(13) parental behavior, status, or condition which mandates
that the county attorney file a termination of parental rights
petition under section 260C.301, subdivision 3, paragraph (a).
(d) "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) (e) "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) (f) "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
that seriously endanger the child's physical or mental health
when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been
diagnosed by a physician and is due to parental neglect;
(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, which does not
include a parent's refusal to provide the parent's child with
sympathomimetic medications, consistent with section 125A.091,
subdivision 5;
(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 6, 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) (g) "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 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;
(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) (h) "Report" means any report received by the local
welfare agency, police department, county sheriff, or agency
responsible for assessing or investigating maltreatment pursuant
to this section.
(f) (i) "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) (j) "Operator" means an operator or agency as defined
in section 245A.02.
(h) (k) "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) (l) "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) (m) "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) (n) "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) (e), 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 14, 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 (d),
clause (1), or a similar law of another jurisdiction.
(m) (o) 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. 3. Minnesota Statutes 2004, 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, probation and correctional services, 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 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 education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education 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. 4. Minnesota Statutes 2004, section 626.556, is
amended by adding a subdivision to read:
Subd. 3d. [AUTHORITY TO INTERVIEW.] The agency responsible
for assessing or investigating reports of child maltreatment has
the 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 safety and risk to the
child, and formulating a plan.
Sec. 5. Minnesota Statutes 2004, 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) Upon receipt
of a report, the local welfare agency shall determine whether to
conduct a family assessment or an investigation as appropriate
to prevent or provide a remedy for child maltreatment. The
local welfare agency:
(1) shall conduct an investigation on reports involving
substantial child endangerment;
(2) shall begin an immediate investigation if, at any time
when it is using a family assessment response, it determines
that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;
(3) may conduct a family assessment for reports that do not
allege substantial child endangerment. In determining that a
family assessment is appropriate, the local welfare agency may
consider issues of child safety, parental cooperation, and the
need for an immediate response; and
(4) may conduct a family assessment on a report that was
initially screened and assigned for an investigation. In
determining that a complete investigation is not required, the
local welfare agency must document the reason for terminating
the investigation and notify the local law enforcement agency if
the local law enforcement agency is conducting a joint
investigation.
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 a family
assessment including gathering or investigation as identified in
clauses (1) to (4). In conducting a family assessment or
investigation, the local welfare agency shall gather information
on the existence of substance abuse and domestic violence and
offer protective social services for purposes of preventing
further abuses future child maltreatment, safeguarding and
enhancing the welfare of the abused or neglected minor,
and supporting 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 family assessment or investigation 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 education 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 or investigating 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. For family assessments, it is the preferred practice
to request a parent or guardian's permission to interview the
child prior to conducting the child interview, unless doing so
would compromise the safety assessment. 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, 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
education, 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 conducting a family assessment shall collect
available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and
needs. The local welfare agency or the agency responsible for
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 maintained by any
facility, clinic, or health care professional 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 section 13.384 or
144.335, the local welfare agency has access to medical data and
records for purposes of clause (3). 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 education 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) (i),
the commissioner of education 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
Upon receipt of a report, the local welfare agency shall conduct
a face-to-face observation of contact with the child reported to
be maltreated and a face-to-face interview of the alleged
offender and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of
the child. The face-to-face contact with the child and primary
caregiver shall occur immediately if substantial child
endangerment is alleged and within five calendar days for all
other reports. If the alleged offender was not already
interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged
offender in the early stages of the assessment or
investigation. At the initial contact, the local child welfare
agency or the agency responsible for assessing or investigating
the report must inform the alleged offender of the complaints or
allegations made against the individual in a manner consistent
with laws protecting the rights of the person who made the
report. The interview with the alleged offender may be
postponed if it would jeopardize an active law enforcement
investigation.
(j) When conducting an investigation, the local welfare
agency shall use a question and answer interviewing format with
questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, 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) (i), the commissioner of education shall collect
available and relevant information and use the procedures in
paragraphs (h), (i), (k), and (j) subdivision 3d, except that
the requirement for face-to-face observation of the child and
face-to-face interview of the alleged offender is to occur in
the initial stages of the assessment or investigation 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 (k), and (j) subdivision 3d.
Sec. 6. Minnesota Statutes 2004, 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 education. 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, sexually abused,
or is the victim of maltreatment in a facility by an individual
in that facility, or has been so neglected or abused, or been
the victim of maltreatment in a facility by an individual in
that facility within the three years preceding the report; or
(2) a child was neglected, physically abused, sexually
abused, or is the victim of maltreatment in a facility 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 education 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) (i), 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) The commissioner may request assistance from the local
social services agency.
Sec. 7. Minnesota Statutes 2004, section 626.556,
subdivision 10e, is amended to read:
Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every
assessment or investigation it conducts, (a) The local welfare
agency shall conclude the family assessment or the investigation
within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the
completion of a criminal investigation or the receipt of expert
information requested within 45 days of the receipt of the
report.
(b) After conducting a family assessment, the local welfare
agency shall determine whether services are needed to address
the safety of the child and other family members and the risk of
subsequent maltreatment.
(c) After conducting an investigation, 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
(d) If the commissioner of education conducts an assessment
or investigation by the commissioner of education, 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) (f), the fact that
maltreatment was not determined, and a summary of the specific
reasons for the determination.
(e) 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) (i). 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 education.
(a) (f) For the purposes of this subdivision, "maltreatment"
means any of the following acts or omissions:
(1) physical abuse as defined in subdivision 2, paragraph
(d) (g);
(2) neglect as defined in subdivision 2, paragraph (c) (f);
(3) sexual abuse as defined in subdivision 2, paragraph
(a) (d);
(4) mental injury as defined in subdivision 2, paragraph
(k) (m); or
(5) maltreatment of a child in a facility as defined in
subdivision 2, paragraph (f) (i).
(b) (g) 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) (h) 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) (i) 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.
(j) 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. 8. Minnesota Statutes 2004, section 626.556,
subdivision 10f, is amended to read:
Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working
days of the conclusion of a family assessment, the local welfare
agency shall notify the parent or guardian of the child of the
need for services to address child safety concerns or
significant risk of subsequent child maltreatment. The local
welfare agency and the family may also jointly agree that family
support and family preservation services are needed. Within ten
working days of the conclusion of an assessment investigation,
the local welfare agency or agency responsible for assessing or
investigating the report shall notify the parent or guardian of
the child, the person determined to be maltreating the child,
and if applicable, the director of the facility, of the
determination and a summary of the specific reasons for the
determination. The notice must also include a certification
that the information collection procedures under subdivision 10,
paragraphs (h), (i), and (j), were followed and a notice of the
right of a data subject to obtain access to other private data
on the subject collected, created, or maintained under this
section. In addition, the notice shall include the length of
time that the records will be kept under subdivision 11c. The
investigating agency shall notify the parent or guardian of the
child who is the subject of the report, and any person or
facility determined to have maltreated a child, of their appeal
or review rights under this section or section 256.022.
Sec. 9. Minnesota Statutes 2004, section 626.556,
subdivision 10i, is amended to read:
Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL
DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON
SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.]
(a) Administrative reconsideration is not applicable in family
assessments since no determination concerning maltreatment is
made. For investigations, except as provided under paragraph
(e), an individual or facility that the commissioner of human
services, a local social service agency, or the commissioner of
education determines has maltreated a child, an interested
person acting on behalf of the child, 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 or, if the request is made by an
interested person who is not entitled to notice, within 15 days
after receipt of the notice by the parent or guardian of the
child. Effective January 1, 2002, an individual who was
determined to have maltreated a child under this section and who
was disqualified on the basis of serious or recurring
maltreatment under sections 245C.14 and 245C.15, may request
reconsideration of the maltreatment determination and the
disqualification. The request for reconsideration of the
maltreatment determination and the disqualification must be
submitted within 30 calendar days of the individual's receipt of
the notice of disqualification under sections 245C.16 and
245C.17.
(b) Except as provided under paragraphs (e) and (f), 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 education 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 education. For reports involving
maltreatment of a child in a facility, an interested person
acting on behalf of the child may request a review by the Child
Maltreatment Review Panel under section 256.022 if the
investigating agency denies the request or fails to act upon the
request or if the interested person contests a reconsidered
determination. The investigating agency shall notify persons
who request reconsideration of their rights under this
paragraph. The request must be submitted in writing to the
review panel and a copy sent to the investigating agency within
30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The
request must specifically identify the aspects of the agency
determination with which the person is dissatisfied.
(c) If, as a result of a reconsideration or review, the
investigating agency changes the final determination of
maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.
(d) Except as provided under paragraph (f), 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.
(e) Effective January 1, 2002, if an individual was
disqualified under sections 245C.14 and 245C.15, on the basis of
a determination of maltreatment, which was serious or recurring,
and the individual has requested reconsideration of the
maltreatment determination under paragraph (a) and requested
reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination
and reconsideration of the disqualification shall be
consolidated into a single reconsideration. If reconsideration
of the maltreatment determination is denied or the
disqualification is not set aside under sections 245C.21 to
245C.27, the individual may request a fair hearing under section
256.045. If an individual requests a fair hearing on the
maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment
determination and the disqualification.
(f) Effective January 1, 2002, if a maltreatment
determination or a disqualification based on serious or
recurring maltreatment is the basis for a denial of a license
under section 245A.05 or a licensing sanction under section
245A.07, the license holder has the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
1400.8612. As provided for under section 245A.08, subdivision
2a, the scope of the contested case hearing shall include the
maltreatment determination, disqualification, and licensing
sanction or denial of a license. In such cases, a fair hearing
regarding the maltreatment determination shall not be conducted
under paragraph (b). If the disqualified subject is an
individual other than the license holder and upon whom a
background study must be conducted under chapter 245C, the
hearings of all parties may be consolidated into a single
contested case hearing upon consent of all parties and the
administrative law judge.
(g) For purposes of this subdivision, "interested person
acting on behalf of the child" means a parent or legal guardian;
stepparent; grandparent; guardian ad litem; adult stepbrother,
stepsister, or sibling; or adult aunt or uncle; unless the
person has been determined to be the perpetrator of the
maltreatment.
Sec. 10. Minnesota Statutes 2004, section 626.556, is
amended by adding a subdivision to read:
Subd. 10l. [DOCUMENTATION.] When a case is closed that has
been open for services, the local welfare agency shall document
the outcome of the family assessment or investigation, including
a description of services provided and the removal or reduction
of risk to the child, if it existed.
Sec. 11. Minnesota Statutes 2004, section 626.556, is
amended by adding a subdivision to read:
Subd. 10m. [PROVISION OF CHILD PROTECTIVE SERVICES.] The
local welfare agency shall create a written plan, in
collaboration with the family whenever possible, within 30 days
of the determination that child protective services are needed
or upon joint agreement of the local welfare agency and the
family that family support and preservation services are
needed. Child protective services for a family are voluntary
unless ordered by the court.
Sec. 12. Minnesota Statutes 2004, section 626.556,
subdivision 11, is amended to read:
Subd. 11. [RECORDS.] (a) Except as provided in paragraph
(b) or (d) 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 Education,
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 8, 9,
and 14, 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 education 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) (i), 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 education 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.
(d) The investigating agency shall exchange not public data
with the Child Maltreatment Review Panel under section 256.022
if the data are pertinent and necessary for a review requested
under section 256.022. Upon completion of the review, the not
public data received by the review panel must be returned to the
investigating agency.
Sec. 13. Minnesota Statutes 2004, section 626.556,
subdivision 11c, is amended to read:
Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL
RECORDS MAINTAINED.] Notwithstanding sections 138.163 and
138.17, records maintained or records derived from reports of
abuse by local welfare agencies, agencies responsible for
assessing or investigating the report, court services agencies,
or schools under this section shall be destroyed as provided in
paragraphs (a) to (d) by the responsible authority.
(a) If upon For family assessment or cases and cases where
an investigation there is results in no determination of
maltreatment or the need for child protective services,
the assessment or investigation records must be maintained for a
period of four years. Records under this paragraph may not be
used for employment, background checks, or purposes other than
to assist in future risk and safety assessments.
(b) All records relating to reports which, upon assessment
or investigation, indicate either maltreatment or a need for
child protective services shall be maintained for at least ten
years after the date of the final entry in the case record.
(c) All records regarding a report of maltreatment,
including any notification of intent to interview which was
received by a school under subdivision 10, paragraph (d), shall
be destroyed by the school when ordered to do so by the agency
conducting the assessment or investigation. The agency shall
order the destruction of the notification when other records
relating to the report under investigation or assessment are
destroyed under this subdivision.
(d) Private or confidential data released to a court
services agency under subdivision 10h must be destroyed by the
court services agency when ordered to do so by the local welfare
agency that released the data. The local welfare agency or
agency responsible for assessing or investigating the report
shall order destruction of the data when other records relating
to the assessment or investigation are destroyed under this
subdivision.
Sec. 14. [LAWS 2005, CHAPTER 14; EFFECTIVE DATE.]
Laws 2005, chapter 14, takes effect August 1, 2006.
Sec. 15. [REPEALER.]
(a) Minnesota Statutes 2004, section 626.5551, subdivisions
1, 2, 3, 4, and 5, are repealed.
(b) Minnesota Rules, parts 9560.0220, subpart 6, item B;
and 9560.0230, subpart 2, are repealed.
ARTICLE 2
CHILD WELFARE: PERMANENCY
Section 1. Minnesota Statutes 2004, section 257.85,
subdivision 2, is amended to read:
Subd. 2. [SCOPE.] The provisions of this section apply to
those situations in which the legal and physical custody of a
child is established with a relative or important friend with
whom the child has resided or had significant contact according
to section 260C.201, subdivision 11, by a district court order
issued on or after July 1, 1997, or a tribal court order issued
on or after July 1, 2005, when the child has been removed from
the care of the parent by previous district or tribal court
order.
Sec. 2. Minnesota Statutes 2004, section 257.85,
subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(a) "MFIP standard" means the transitional standard used to
calculate assistance under the MFIP program, or, if permanent
legal and physical custody of the child is given to a relative
custodian residing outside of Minnesota, the analogous
transitional standard or standard of need used to calculate
assistance under the TANF program of the state where the
relative custodian lives.
(b) "Local agency" means the local county social services
agency or tribal social services agency with legal custody of a
child prior to the transfer of permanent legal and physical
custody.
(c) "Permanent legal and physical custody" means permanent
legal and physical custody ordered by a Minnesota Juvenile Court
under section 260C.201, subdivision 27 11.
(d) "Relative" has the meaning given in section 260C.007,
subdivision 27.
(e) "Relative custodian" means a person who has permanent
legal and physical custody of a child. When siblings, including
half-siblings and stepsiblings, are placed together in permanent
legal and physical custody, the person receiving permanent legal
and physical custody of the siblings is considered a relative
custodian of all of the siblings for purposes of this section.
(f) "Relative custody assistance agreement" means an
agreement entered into between a local agency and a person who
has been or will be awarded permanent legal and physical custody
of a child.
(g) "Relative custody assistance payment" means a monthly
cash grant made to a relative custodian pursuant to a relative
custody assistance agreement and in an amount calculated under
subdivision 7.
(h) "Remains in the physical custody of the relative
custodian" means that the relative custodian is providing
day-to-day care for the child and that the child lives with the
relative custodian; absence from the relative custodian's home
for a period of more than 120 days raises a presumption that the
child no longer remains in the physical custody of the relative
custodian.
Sec. 3. Minnesota Statutes 2004, section 259.23,
subdivision 1, is amended to read:
Subdivision 1. [VENUE.] (a) Except as provided in section
260C.101, subdivision 2, the juvenile court shall have original
jurisdiction in all adoption proceedings. The proper venue for
an adoption proceeding shall be the county of the petitioner's
residence, except as provided in paragraph (b). However,
(b) Venue for the adoption of a child committed to the
guardianship of the commissioner of human services shall be the
county with jurisdiction in the matter according to section
260C.317, subdivision 3.
(c) Upon request of the petitioner, the court having
jurisdiction over the matter under section 260C.317, subdivision
3, may transfer venue of an adoption proceeding involving a
child under the guardianship of the commissioner to the county
of the petitioner's residence upon determining that:
(1) the commissioner has given consent to the petitioner's
adoption of the child or that consent is unreasonably withheld;
(2) there is no other adoption petition for the child that
has been filed or is reasonably anticipated by the commissioner
or the commissioner's delegate to be filed; and
(3) transfer of venue is in the best interests of the child.
Transfer of venue under this paragraph shall be according to the
rules of adoption court procedure.
(d) In all other adoptions, if the petitioner has acquired
a new residence in another county and requests a transfer of the
adoption proceeding, the court in which an adoption is initiated
may transfer the proceeding to the appropriate court in the new
county of residence if the transfer is in the best interests of
the person to be adopted. The court transfers the proceeding by
ordering a continuance and by forwarding to the court
administrator of the appropriate court a certified copy of all
papers filed, together with an order of transfer. The
transferring court also shall forward copies of the order of
transfer to the commissioner of human services and any agency
participating in the proceedings. The judge of the receiving
court shall accept the order of the transfer and any other
documents transmitted and hear the case; provided, however, the
receiving court may in its discretion require the filing of a
new petition prior to the hearing.
Sec. 4. Minnesota Statutes 2004, section 259.23,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF PETITION.] The petition shall be
signed by the petitioner and, if married, by the spouse. It
shall be verified, and filed in duplicate. The petition shall
allege:
(a) The full name, age and place of residence of
petitioner, and if married, the date and place of marriage;
(b) The date petitioner acquired physical custody of the
child and from what person or agency;
(c) The date of birth of the child, if known, and the state
and county where born;
(d) The name of the child's parents, if known, and the
guardian if there be one;
(e) The actual name of the child, if known, and any known
aliases;
(f) The name to be given the child if a change of name is
desired;
(g) The description and value of any real or personal
property owned by the child;
(h) That the petitioner desires that the relationship of
parent and child be established between petitioner and the
child, and that it is to the best interests of the child for the
child to be adopted by the petitioner.
In agency placements, the information required in clauses
(d) and (e) above shall not be required to be alleged in the
petition but shall be transmitted to the court by the
commissioner of human services or the agency.
Sec. 5. Minnesota Statutes 2004, section 259.41,
subdivision 3, is amended to read:
Subd. 3. [BACKGROUND CHECK; AFFIDAVIT OF HISTORY.] (a) At
the time an adoption study is commenced, each prospective
adoptive parent must:
(1) authorize access by the agency to any private data
needed to complete the study;
(2) provide all addresses at which the prospective adoptive
parent and anyone in the household over the age of 13 has
resided in the previous ten five years; and
(3) disclose any names used previously other than the name
used at the time of the study; and
(4) provide a set of fingerprints, which shall be forwarded
to the Bureau of Criminal Apprehension to facilitate the
criminal conviction background check required under paragraph
(b).
(b) When the requirements of paragraph (a) have been met,
the agency shall immediately begin a background check, on each
person over the age of 13 living in the home, consisting, at a
minimum, of the following:
(1) a check of criminal conviction data with the Bureau of
Criminal Apprehension and local law enforcement authorities;
(2) a check for data on substantiated maltreatment of a
child or vulnerable adult and domestic violence data with local
law enforcement and social services agencies and district
courts; and
(3) for those persons under the age of 25, a check of
juvenile court records.
Notwithstanding the provisions of section 260B.171 or
260C.171, the Bureau of Criminal Apprehension, local law
enforcement and social services agencies, district courts, and
juvenile courts shall release the requested information to the
agency completing the adoption study.
(c) When paragraph (b) requires checking the data or
records of local law enforcement and social services agencies
and district and juvenile courts, the agency shall check with
the law enforcement and social services agencies and courts
whose jurisdictions cover the addresses under paragraph (a),
clause (2). In the event that the agency is unable to complete
any of the record checks required by paragraph (b), the agency
shall document the fact and the agency's efforts to obtain the
information.
(d) For a study completed under this section, when the
agency has reasonable cause to believe that further information
may exist on the prospective adoptive parent or household member
over the age of 13 that may relate to the health, safety, or
welfare of the child, the prospective adoptive parent or
household member over the age of 13 shall provide the agency
with a set of classifiable fingerprints obtained from an
authorized law enforcement agency and the agency may obtain
criminal history data from the National Criminal Records
Repository by submitting fingerprints to the Bureau of Criminal
Apprehension. The agency has reasonable cause when, but not
limited to, the:
(1) information from the Bureau of Criminal Apprehension
indicates that the prospective adoptive parent or household
member over the age of 13 is a multistate offender;
(2) information from the Bureau of Criminal Apprehension
indicates that multistate offender status is undetermined;
(3) the agency has received a report from the prospective
adoptive parent or household member over the age of 13 or a
third party indicating that the prospective adoptive parent or
household member over the age of 13 has a criminal history in a
jurisdiction other than Minnesota; or
(4) the prospective adoptive parent or household member
over the age of 13 is or has been a resident of a state other
than Minnesota in the prior five years.
(c) (e) At any time prior to completion of the background
check required under paragraph (b), a prospective adoptive
parent may submit to the agency conducting the study a sworn
affidavit stating whether they or any person residing in the
household have been convicted of a crime. The affidavit shall
also state whether the adoptive parent or any other person
residing in the household is the subject of an open
investigation of, or have been the subject of a substantiated
allegation of, child or vulnerable-adult maltreatment within the
past ten years. A complete description of the crime, open
investigation, or substantiated abuse, and a complete
description of any sentence, treatment, or disposition must be
included. The affidavit must contain an acknowledgment that if,
at any time before the adoption is final, a court receives
evidence leading to a conclusion that a prospective adoptive
parent knowingly gave false information in the affidavit, it
shall be determined that the adoption of the child by the
prospective adoptive parent is not in the best interests of the
child.
(d) (f) For the purposes of subdivision 1 and section
259.47, subdivisions 3 and 6, an adoption study is complete for
placement, even though the background checks required by
paragraph (b) have not been completed, if each prospective
adoptive parent has completed the affidavit allowed by paragraph
(c) (e) and the other requirements of this section have been met.
The background checks required by paragraph (b) must be
completed before an adoption petition is filed. If an adoption
study has been submitted to the court under section 259.47,
subdivision 3 or 6, before the background checks required by
paragraph (b) were complete, an updated adoption study report
which includes the results of the background check must be filed
with the adoption petition. In the event that an agency is
unable to complete any of the records checks required by
paragraph (b), the agency shall submit with the petition to
adopt an affidavit documenting the agency's efforts to complete
the checks.
Sec. 6. Minnesota Statutes 2004, section 259.67,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION ASSISTANCE AGREEMENT.] The placing
agency shall certify a child as eligible for adoption assistance
according to rules promulgated by the commissioner. The placing
agency shall not certify a child who remains under the
jurisdiction of the sending agency pursuant to section 260.851,
article 5, for state-funded adoption assistance when Minnesota
is the receiving state. Not later than 30 days after a parent
or parents are found and approved for adoptive placement of a
child certified as eligible for adoption assistance, and before
the final decree of adoption is issued, a written agreement must
be entered into by the commissioner, the adoptive parent or
parents, and the placing agency. The written agreement must
be fully completed by the placing agency and in the form
prescribed by the commissioner and must set forth the
responsibilities of all parties, the anticipated duration of the
adoption assistance payments, and the payment terms. The
adoption assistance agreement shall be subject to the
commissioner's approval, which must be granted or denied not
later than 15 days after the agreement is entered.
The amount of adoption assistance is subject to the
availability of state and federal funds and shall be determined
through agreement with the adoptive parents. The agreement
shall take into consideration the circumstances of the adopting
parent or parents, the needs of the child being adopted and may
provide ongoing monthly assistance, supplemental maintenance
expenses related to the adopted person's special needs,
nonmedical expenses periodically necessary for purchase of
services, items, or equipment related to the special needs, and
medical expenses. The placing agency or the adoptive parent or
parents shall provide written documentation to support the need
for adoption assistance payments. The commissioner may require
periodic reevaluation of adoption assistance payments. The
amount of ongoing monthly adoption assistance granted may in no
case exceed that which would be allowable for the child under
foster family care and is subject to the availability of state
and federal funds.
Sec. 7. Minnesota Statutes 2004, section 259.67,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY CONDITIONS.] (a) The placing agency
shall use the AFDC requirements as specified in federal law as
of July 16, 1996, when determining the child's eligibility for
adoption assistance under title IV-E of the Social Security
Act. If the child does not qualify, the placing agency shall
certify a child as eligible for state funded adoption assistance
only if the following criteria are met:
(1) Due to the child's characteristics or circumstances it
would be difficult to provide the child an adoptive home without
adoption assistance.
(2)(i) A placement agency has made reasonable efforts to
place the child for adoption without adoption assistance, but
has been unsuccessful; or
(ii) the child's licensed foster parents desire to adopt
the child and it is determined by the placing agency that the
adoption is in the best interest of the child.
(3) The child has been a ward of the commissioner, a
Minnesota-licensed child-placing agency, or a tribal social
service agency of Minnesota recognized by the Secretary of the
Interior. The placing agency shall not certify a child who
remains under the jurisdiction of the sending agency pursuant to
section 260.851, article 5, for state-funded adoption assistance
when Minnesota is the receiving state.
(b) For purposes of this subdivision, the characteristics
or circumstances that may be considered in determining whether a
child is a child with special needs under United States Code,
title 42, chapter 7, subchapter IV, part E, or meets the
requirements of paragraph (a), clause (1), are the following:
(1) The child is a member of a sibling group to be placed
as one unit in which at least one sibling is older than 15
months of age or is described in clause (2) or (3).
(2) The child has documented physical, mental, emotional,
or behavioral disabilities.
(3) The child has a high risk of developing physical,
mental, emotional, or behavioral disabilities.
(4) The child is adopted according to tribal law without a
termination of parental rights or relinquishment, provided that
the tribe has documented the valid reason why the child cannot
or should not be returned to the home of the child's parent.
(c) When a child's eligibility for adoption assistance is
based upon the high risk of developing physical, mental,
emotional, or behavioral disabilities, payments shall not be
made under the adoption assistance agreement unless and until
the potential disability manifests itself as documented by an
appropriate health care professional.
Sec. 8. Minnesota Statutes 2004, section 259.75,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; CONTENTS; AVAILABILITY.]
The commissioner of human services shall establish an adoption
exchange, which shall include but not be limited to a book,
updated monthly, that contains a photograph and description of
each child who has been legally freed for adoption. The
exchange service shall be available to all local social service
agencies and licensed child-placing agencies whose purpose is to
assist in the adoptive placement of children, and the exchange
book shall be distributed to all such agencies.
Sec. 9. Minnesota Statutes 2004, section 259.79,
subdivision 1, is amended to read:
Subdivision 1. [CONTENT.] (a) The adoption records of the
commissioner, the commissioner's agents and licensed
child-placing agencies shall contain copies of all relevant
legal documents, responsibly collected genetic, medical and
social history of the child and the child's birth parents, the
child's placement record, copies of all pertinent agreements,
contracts, and correspondence relevant to the adoption, and
copies of all reports and recommendations made to the court.
(b) The commissioner of human services shall maintain a
permanent record of all adoptions granted in district court in
Minnesota regarding children who are:
(1) under guardianship of the commissioner or a licensed
child-placing agency according to section 260C.201, subdivision
11, or 260C.317;
(2) placed by the commissioner, commissioner's agent, or
licensed child-placing agency after a consent to adopt according
to section 259.24 or under an agreement conferring authority to
place for adoption according to section 259.25; or
(3) adopted after a direct adoptive placement approved by
the district court under section 259.47.
Each record shall contain identifying information about the
child, the birth or legal parents, and adoptive parents,
including race where such data is available. The record must
also contain: (1) the date the child was legally freed for
adoption; (2) the date of the adoptive placement; (3) the name
of the placing agency; (4) the county where the adoptive
placement occurred; (5) the date that the petition to adopt was
filed; (6) the county where the petition to adopt was filed; and
(7) the date and county where the adoption decree was granted.
(c) Identifying information contained in the adoption
record shall be confidential and shall be disclosed only
pursuant to section 259.61.
Sec. 10. Minnesota Statutes 2004, section 259.85,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The commissioner of human
services shall establish and supervise a postadoption service
grants program to be administered by local social service
agencies for the purpose of preserving and strengthening
adoptive families. The program will provide financial
assistance to adoptive parents who are not receiving adoption
assistance under section 259.67 to meet the special needs of an
adopted child that cannot be met by other resources available to
the family.
Sec. 11. Minnesota Statutes 2004, 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 and when a child cannot be reunified with the parent
or guardian from whom the child was removed, the court must
ensure that the responsible social services agency makes
reasonable efforts to finalize an alternative permanent plan for
the child as provided in paragraph (e). In determining
reasonable efforts to be made with respect to a child and in
making those reasonable efforts, the child's best interests,
health, and safety must be of paramount concern. Reasonable
efforts to prevent placement and for rehabilitation and
reunification are not always required except upon a
determination by the court that:
(1) a termination of parental rights petition has been
filed stating a prima facie case that:
(i) (1) the parent has subjected a child to egregious harm
as defined in section 260C.007, subdivision 14;
(ii) (2) the parental rights of the parent to another child
have been terminated involuntarily;
(iii) (3) the child is an abandoned infant under section
260C.301, subdivision 2, paragraph (a), clause (2); or
(iv) (4) 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; or
(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
(5) the provision of services or further services for the
purpose of reunification is futile and therefore unreasonable
under the circumstances.
(b) When the court makes one of the prima facie
determinations under paragraph (a), either permanency pleadings
under section 260C.201, subdivision 11, or a termination of
parental rights petition under sections 260C.141 and 260C.301
must be filed. A permanency hearing under section 260C.201,
subdivision 11, must be held within 30 days of this
determination.
(c) 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. In cases governed by the Indian Child Welfare Act of
1978, United States Code, title 25, section 1901, the
responsible social services agency must provide active efforts
as required under United States Code, title 25, section 1911(d).
(b) (d) "Reasonable efforts to prevent placement" means:
(1) the agency has made reasonable efforts to prevent the
placement of the child in foster care; or
(2) given the particular circumstances of the child and
family at the time of the child's removal, there are no services
or efforts available which could allow the child to safely
remain in the home.
(e) "Reasonable efforts to finalize a permanent plan for
the child" means due diligence by the responsible social
services agency to:
(1) reunify the child with the parent or guardian from whom
the child was removed;
(2) assess a noncustodial parent's ability to provide
day-to-day care for the child and, where appropriate, provide
services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.212, subdivision
4;
(3) conduct a relative search as required under section
260C.212, subdivision 5; and
(4) when the child cannot return to the parent or guardian
from whom the child was removed, to plan for and finalize a safe
and legally permanent alternative home for the child, preferably
through adoption or transfer of permanent legal and physical
custody of the child.
(f) Reasonable efforts are made upon the exercise of due
diligence by the responsible social services agency to
use culturally 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 provided by the
responsible social services agency and other culturally
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 as described in paragraphs (a), (d), and (e),
the social services agency has the burden of demonstrating that:
(1) 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 to prevent placement of the
child in foster care;
(2) it has made reasonable efforts to eliminate the need
for removal of the child from the child's home and to reunify
the child with the child's family at the earliest possible time;
(3) it has made reasonable efforts to finalize an
alternative permanent home for the child; or
(4) reasonable efforts to prevent placement and to reunify
the child with the parent or guardian are not required. 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, or through testimony or a
certified report required under juvenile court rules.
(3) No (g) Once the court determines that reasonable
efforts for reunification are not required when the court makes
a determination because the court has made one of the prima
facie determinations under paragraph (a) unless, the court may
only require reasonable efforts for reunification after a
hearing according to section 260C.163, where 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 when there is clear and convincing evidence that the child
is in need of protection or services, the court may proceed
under section 260C.312. find the child in need of protection or
services and order any of the dispositions available under
section 260C.201, subdivision 1. Reunification of a surviving
child with a parent is not required if the parent has been
convicted of:
(i) (1) a violation of, or an attempt or conspiracy to
commit a violation of, sections 609.185 to 609.20; 609.222,
subdivision 2; or 609.223 in regard to another child of the
parent;
(ii) (2) a violation of section 609.222, subdivision 2; or
609.223, in regard to the surviving child; or
(iii) (3) a violation of, or an attempt or conspiracy to
commit a violation of, United States Code, title 18, section
1111(a) or 1112(a), in regard to another child of the parent.
(c) (h) 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) (i) 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) (j) If continuation of reasonable efforts described in
paragraph (b) to prevent placement or reunify the child with the
parent or guardian from whom the child was removed is determined
by the court to be inconsistent with the permanent plan for the
child, or upon a determination or upon the court making one of
the prima facie determinations 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 a safe
and permanent home and to complete whatever steps are necessary
to legally finalize the permanent plan for placement of the
child.
(f) (k) 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) to
prevent placement or to reunify the child with the parent or
guardian from whom the child was removed. When the responsible
social services agency decides to concurrently make reasonable
efforts for both reunification and permanent placement away from
the parent under paragraphs paragraph (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) both plans.
Sec. 12. Minnesota Statutes 2004, section 260C.001,
subdivision 3, is amended to read:
Subd. 3. [PERMANENCY AND TERMINATION OF PARENTAL RIGHTS.]
The purpose of the laws relating to permanency and termination
of parental rights is to ensure that:
(1) when required and appropriate, reasonable efforts have
been made by the social services agency to reunite the child
with the child's parents in a home that is safe and permanent;
and
(2) if placement with the parents is not reasonably
foreseeable, to secure for the child a safe and permanent
placement, preferably with adoptive parents or a fit and willing
relative through transfer of permanent legal and physical
custody to that relative.
Nothing in this section requires reasonable efforts to
prevent placement or to reunify the child with the parent or
guardian to be made in circumstances where the court has
determined that the child has been subjected to egregious
harm or, when the child is an abandoned infant, the parent has
involuntarily lost custody of another child through a proceeding
under section 260C.201, subdivision 11, or similar law of
another state, the parental rights of the parent to a sibling
have been involuntarily terminated, or the court has determined
that reasonable efforts or further reasonable efforts to reunify
the child with the parent or guardian would be futile.
The paramount consideration in all proceedings for
permanent placement of the child under section 260C.201,
subdivision 11, or the termination of parental rights is the
best interests of the child. In proceedings involving an
American Indian child, as defined in section 260.755,
subdivision 8, the best interests of the child must be
determined consistent with the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901, et seq.
Sec. 13. Minnesota Statutes 2004, section 260C.007,
subdivision 8, is amended to read:
Subd. 8. [COMPELLING REASONS.] "Compelling reasons" means
an individualized determination by the responsible social
services agency, which is approved by the court, related to a
request by the agency 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
under section 260C.301, subdivision 3.
Sec. 14. Minnesota Statutes 2004, section 260C.151,
subdivision 6, is amended to read:
Subd. 6. [IMMEDIATE CUSTODY.] If the court makes
individualized, explicit findings, based on the notarized
petition or 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 that require
that responsibility for the child's care and custody be
immediately assumed by the court responsible social services
agency 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 that the officer serving the summons take the child
into immediate custody for placement of the child in foster
care. In ordering that responsibility for the care, custody,
and control of the child be assumed by the responsible social
services agency, the court is ordering emergency protective care
as that term is defined in the juvenile court rules.
Sec. 15. Minnesota Statutes 2004, section 260C.178, is
amended to read:
260C.178 [DETENTION EMERGENCY REMOVAL HEARING.]
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. If the court
determines 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 court
shall order the child into foster care under the responsibility
of the responsible social services agency or responsible
probation or corrections agency for the purposes of protective
care as that term is used in the juvenile court rules. 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.
(c) The court, before determining whether a child should be
placed in or continue in custody foster care under the
protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether
reasonable efforts, or were made to prevent placement or whether
reasonable efforts to prevent placement are not required. In
the case of an Indian child, the court shall determine whether
active efforts, according to the Indian Child Welfare Act of
1978, United States Code, title 25, section 1912(d), were made
to prevent placement. The court shall also determine whether
there are available services that would prevent the need for
further detention. In the alternative, enter a finding that the
responsible social services agency has made reasonable efforts
to prevent placement when the agency establishes either:
(1) that it has actually provided services or made efforts
in an attempt to prevent the child's removal but that such
services or efforts have not proven sufficient to permit the
child to safely remain in the home; or
(2) that there are no services or other efforts that could
be made at the time of the hearing that could safely permit the
child to remain home or to return home. When reasonable efforts
to prevent placement are required and there are services or
other efforts that could be ordered which would permit the child
to safely return home, the court shall order the child returned
to the care of the parent or guardian and the services or
efforts put in place to ensure the child's safety. When the
court makes a prima facie determination that one of the
circumstances under paragraph (e) exists, the court shall
determine that reasonable efforts to prevent placement and to
return the child to the care of the parent or guardian 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.
(e) At the detention emergency removal hearing, or at any
time during the course of the proceeding, and upon notice and
request of the county attorney, the court shall make the
following determinations:
(1) determine whether a termination of parental rights
petition has been filed stating a prima facie case that:
(i) (1) the parent has subjected a child to egregious harm
as defined in section 260C.007, subdivision 14;
(ii) (2) the parental rights of the parent to another child
have been involuntarily terminated; or
(iii) (3) the child is an abandoned infant under section
260C.301, subdivision 2, paragraph (a), clause (2);
(2) that (4) the parents' 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; or
(5) the provision of services or further services for the
purpose of reunification is futile and therefore unreasonable.
(f) When a petition to terminate parental rights is
required under section 260C.301, subdivision 3 or 4, but 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., and has instead filed a
petition to transfer permanent legal and physical custody to a
relative under section 260C.201, subdivision 11, the court shall
schedule a permanency hearing within 30 days of the filing of
the petition.
(g) 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.
(f) (h) If the court determines the child should be ordered
into out-of-home placement foster care 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
responsible social services agency for the purpose of complying
with the requirements of sections 260C.151, 260C.212, and
260C.215.
(g) (i) If a child ordered into out-of-home placement
foster care has siblings, whether full, half, or step, who are
also ordered into placement foster care, 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.
Subd. 2. [DURATION.] If the court determines that the
child should continue in detention, it may order detention
continued for eight days, excluding Saturdays, Sundays and
holidays, from and including the date of the order. The court
shall include in its order the reasons for continued detention
and the findings of fact which support these reasons.
Subd. 3. [PARENTAL VISITATION.] If a child has been taken
into custody under section 260C.151, subdivision 5, or 260C.175,
subdivision 1, clause (b)(2), and the court determines that the
child should continue in detention foster care, the court shall
include in its order reasonable rules for supervised or
unsupervised parental visitation of the child in the shelter
foster care facility unless it finds that visitation would
endanger the child's physical or emotional well-being.
Subd. 4. [MENTAL HEALTH TREATMENT.] (a) Except as provided
in paragraph (b), a child who is held ordered placed in
detention foster care as an alleged victim of child abuse as
defined in section 630.36, subdivision 2, may not be given
mental health treatment specifically for the effects of the
alleged abuse until the court finds that there is probable cause
a prima facie basis to believe the abuse has occurred.
(b) A child described in paragraph (a) may be given mental
health treatment prior to a probable cause prima facie finding
of child abuse if the treatment is either agreed to by the
child's parent or guardian in writing, or ordered by the court
according to the standard contained in section 260C.201,
subdivision 1.
Subd. 5. [COPIES OF ORDER.] Copies of the court's order
shall be served upon the parties, including the supervisor of
the detention placement facility, who which shall release the
child or continue to hold the child as the court orders.
When the court's order is served upon these parties, notice
shall also be given to the parties of the subsequent reviews
provided by subdivision 6. The notice shall also inform each
party of the right to submit to the court for informal review
any new evidence regarding whether the child should be continued
in detention and to request a hearing to present the evidence to
the court.
Subd. 6. [REVIEW.] If a child held in detention under a
court order issued under subdivision 2 has not been released
prior to expiration of the order, the court or referee shall
informally review the child's case file to determine, under the
standards provided by subdivision 1, whether detention should be
continued. If detention is continued thereafter, informal
reviews such as these shall be held within every eight days,
excluding Saturdays, Sundays, and holidays, of the child's
detention. When a child is placed in foster care, the child's
placement shall be periodically reviewed as required under the
juvenile court rules including notice to the parties required to
be served with a copy of the order under subdivision 4.
A hearing, rather than an informal review of the child's
case file, shall be held at the request of any one of the
parties notified pursuant to subdivision 5, if that party
notifies the court of a wish to present to the court new
evidence concerning whether the child should be continued in
detention or notifies the court of a wish to present an
alternate placement arrangement to provide for the safety and
protection of the child.
In addition, if a child was taken into detention custody
under section 260C.151, subdivision 5, or 260C.175, subdivision
1, clause (c)(2), and is held placed in detention foster care or
placed in another facility under a court order issued under
subdivision 2, the court shall schedule and hold an adjudicatory
hearing on the petition within 60 days of the detention
emergency removal hearing upon the request of any party to the
proceeding. However, if good cause is shown by a party to the
proceeding why the hearing should not be held within that time
period, the hearing shall be held within 90 days, unless the
parties agree otherwise and the court so orders.
Subd. 7. [OUT-OF-HOME PLACEMENT PLAN.] (a) 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 out-of-home placement plan which
has been developed jointly with the parent and in consultation
with others as required under section 260C.212, subdivision 1,
the court may approve implementation of the plan by the
responsible social services agency 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 plan filed with the court.
(c) Upon notice and motion by a parent who agrees to comply
with the terms of an out-of-home placement plan, the court may
modify the 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 plan inadequate under section 260.012. The responsible
social services agency shall make reasonable attempts to engage
a parent in case planning. If the parent refuses to cooperate
in the development of the out-of-home placement plan or
disagrees with the services recommended by the responsible
social service agency, the agency shall note such refusal or
disagreement for the court in the out-of-home placement plan
filed with the court. The agency shall notify the court of the
services it will provide or efforts it will attempt under the
plan notwithstanding the parent's refusal to cooperate or
disagreement with the services. The parent may ask the court to
modify the plan to require different or additional services
requested by the parent, but which the agency refused to
provide. The court may approve the plan as presented by the
agency or may modify the plan to require services requested by
the parent. The court's approval shall be based on the content
of the petition.
(d) Unless the parent agrees to comply with the terms of
the out-of-home placement plan, the court may not order a parent
to comply with the provisions of the plan until the court makes
a determination finds the child is in need of protection or
services and orders disposition 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. 16. Minnesota Statutes 2004, 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
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:
(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; and
(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 responsible social services agency. In placing
making a foster care placement for a child whose custody has
been transferred under this paragraph subdivision, the agencies
agency shall 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) order a trial home visit without modifying the transfer
of legal custody to the responsible social services agency under
clause (2). Trial home visit means the child is returned to the
care of the parent or guardian from whom the child was removed
for a period not to exceed six months. During the period of the
trial home visit, the responsible social services agency:
(i) shall continue to have legal custody of the child,
which means the agency may see the child in the parent's home,
at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;
(ii) shall continue to have the ability to access
information under section 260C.208;
(iii) shall continue to provide appropriate services to
both the parent and the child during the period of the trial
home visit;
(iv) without previous court order or authorization, may
terminate the trial home visit in order to protect the child's
health, safety, or welfare and may remove the child to foster
care;
(v) shall advise the court and parties within three days of
the termination of the trial home visit when a visit is
terminated by the responsible social services agency without a
court order; and
(vi) shall prepare a report for the court when the trial
home visit is terminated whether by the agency or court order
which describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court
to enter to provide for the child's safety and stability. In
the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or
authorization, the court shall conduct a hearing within ten days
of receiving notice of the termination of the trial home visit
by the agency and shall order disposition under this subdivision
or conduct a permanency hearing under subdivision 11 or 11a.
The time period for the hearing may be extended by the court for
good cause shown and if it is in the best interests of the child
as long as the total time the child spends in foster care
without a permanency hearing does not exceed 12 months.
(4) If the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a physical or mental
disability, the court may order the child's parent, guardian, or
custodian to provide it. The court may order the child's health
plan company to provide mental health services to the child.
Section 62Q.535 applies to an order for mental health services
directed to the child's health plan company. If the health
plan, parent, guardian, or custodian fails or is unable to
provide this treatment or care, the court may order it
provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the
child's parent or guardian, 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) (5) 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 2004, section 260C.201,
subdivision 10, is amended to read:
Subd. 10. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS FOSTER
CARE.] (a) If the court places orders a child placed in a
residential facility, as defined in section 260C.212,
subdivision 1 foster care, the court shall review the
out-of-home placement at least every 90 days 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. This review is not required if the
court has returned the child home, ordered the child permanently
placed away from the parent under subdivision 11, or terminated
rights under section 260C.301. Court review for a child
permanently placed away from a parent, including where the child
is under guardianship and legal custody of the commissioner,
shall be governed by subdivision 11 or section 260C.317,
subdivision 3, whichever is applicable.
(b) No later than six months after the child's out-of-home
placement in foster care, the court shall review agency efforts
pursuant to section 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 out-of-home placement plan
and may modify the plan as provided under subdivisions 6 and 7.
(d) When the court orders out-of-home placement transfer of
custody to a responsible social services agency resulting in
foster care or protective supervision with a noncustodial parent
under subdivision 1, the court shall notify the parents of the
provisions of subdivisions 11 and 11a as required under juvenile
court rules.
Sec. 18. Minnesota Statutes 2004, section 260C.201,
subdivision 11, is amended to read:
Subd. 11. [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) This subdivision and subdivision
11a do not apply in cases where the child is in placement due
solely to the child's developmental disability or emotional
disturbance, where legal custody has not been transferred to the
responsible social services agency, and where the court finds
compelling reasons under section 260C.007, subdivision 8, to
continue the child in foster care past the time periods
specified in this subdivision. Foster care placements of
children due solely to their disability are governed by section
260C.141, subdivision 2b. In all other cases where the child is
in foster care or in the care of a noncustodial parent under
subdivision 1, the court shall conduct a hearing commence
proceedings to determine the permanent status of a child not
later than 12 months after the child is placed in foster care or
in the care of a noncustodial parent. At the admit-deny hearing
commencing such proceedings, the court shall determine whether
there is a prima facie basis for finding that the agency made
reasonable efforts, or in the case of an Indian child active
efforts, required under section 260.012 and proceed according to
the rules of juvenile court.
For purposes of this subdivision, the date of the child's
placement in foster care is the earlier of the first
court-ordered placement or 60 days after the date on which the
child has been voluntarily placed in foster care by the child's
parent or guardian. For purposes of this subdivision, time
spent by a child under the protective supervision of the
responsible social services agency in the home of a noncustodial
parent pursuant to an order under subdivision 1 counts towards
the requirement of a permanency hearing under this subdivision
or subdivision 11a. Time spent on a trial home visit does not
count towards the requirement of a permanency hearing under this
subdivision or subdivision 11a.
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 in foster care or in the home of a noncustodial
parent are cumulated;
(2) if a child has been placed in foster care within the
previous five years under one or more previous petitions, the
lengths of all prior time periods when the child was placed in
foster care within the previous five years are cumulated. If a
child under this clause has been in foster care 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 the admit-deny
hearing required under paragraph (a) and the rules of juvenile
court, 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,
including a termination of parental rights petition, 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) The permanency proceedings shall be conducted in a
timely fashion including that any trial required under section
260C.163 shall be commenced within 60 days of the admit-deny
hearing required under paragraph (a). At the conclusion of the
hearing permanency proceedings, the court shall:
(1) order the child returned to the care of the parent or
guardian from whom the child was removed; or
(2) order a permanent placement or termination of parental
rights if permanent placement or termination of parental rights
is 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) 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
applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;
(iii) an order establishing permanent legal 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 bring a petition or
motion naming a fit and willing relative as a proposed permanent
legal and physical custodian. The commissioner of human
services shall annually prepare for counties information that
must be given to proposed custodians about their legal rights
and obligations as custodians together with information on
financial and medical benefits for which the child is eligible;
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 when the requirements of
sections 260C.301 to 260C.328 are met or according to the
following conditions:
(i) unless order the social services agency has already
filed to file a petition for termination of parental
rights under section 260C.307, the court may order such a
petition filed and in which case 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;
(3) long-term foster care according to the following
conditions:
(i) the court may order a child into long-term foster care
only if it finds approves the responsible social service
agency's 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; and
(ii) further, the court may only order long-term foster
care for the child under this section if it finds the following:
(A) the child has reached age 12 and reasonable efforts by
the responsible social services agency have failed has made
reasonable efforts to locate and place the child with an
adoptive family for the child or with a fit and willing relative
who will agree to a transfer of permanent legal and physical
custody of the child, but such efforts have not proven
successful; or
(B) the child is a sibling of a child described in subitem
(A) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home; and
(iii) at least annually, the responsible social services
agency reconsiders its provision of services to the child and
the child's placement in long-term foster care to ensure that:
(A) long-term foster care continues to be the most
appropriate legal arrangement for meeting the child's need for
permanency and stability, including whether there is another
permanent placement option under this chapter that would better
serve the child's needs and best interests;
(B) whenever possible, there is an identified long-term
foster care family that is committed to being the foster family
for the child as long as the child is a minor or under the
jurisdiction of the court;
(C) the child is receiving appropriate services or
assistance to maintain or build connections with the child's
family and community;
(D) the child's physical and mental health needs are being
appropriately provided for; and
(E) the child's educational needs are being met;
(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:
(A) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior;
(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 approves the responsible social
services agency's 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 agreed
to by the responsible social services agency that has agreed to
adopt the child and the court accepts the parent's voluntary
consent to adopt under section 259.24, except that such consent
executed by a parent under this item, following proper notice
that consent given under this provision is irrevocable upon
acceptance by the court, shall be irrevocable unless fraud is
established and an order issues permitting revocation as stated
in item (vii);
(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;
(vi) notwithstanding item (v), as soon as the commissioner
or commissioner's delegate determines that finalization of the
adoption with the identified prospective adoptive parent is not
possible, that the prospective adoptive parent is not
cooperative in completing the steps necessary to finalize the
adoption, or upon the commissioner's determination to withhold
consent to the adoption under chapter 259, the commissioner or
commissioner's delegate shall pursue adoptive placement in
another home; and
(vii) unless otherwise required by the Indian Child Welfare
Act, United States Code, title 25, section 1913, a consent to
adopt executed under this section, following proper notice that
consent given under this provision is irrevocable upon
acceptance by the court, shall be irrevocable upon acceptance by
the court except upon order permitting revocation issued by the
same court after written findings that consent was obtained by
fraud.
(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.
(f) Once a permanent placement determination has been made
and permanent placement has been established, further court
reviews are necessary if:
(1) the placement is 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 finalize the permanent plan for the child including
the agency's efforts to:
(1) ensure that long-term foster care continues to be the
most appropriate legal arrangement for meeting the child's need
for permanency and stability or, if not, to identify and attempt
to finalize another permanent placement option under this
chapter that would better serve the child's needs and best
interests;
(2) 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) (3) support continued placement of the child in the
identified home, if one has been identified;
(3) (4) ensure appropriate services are provided to address
the physical health, mental health, and educational needs of the
child during the period of long-term foster care or foster care
for a specified period of time and also ensure appropriate
services or assistance to maintain relationships with
appropriate family members and the child's community; and
(4) (5) 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) In the event it is necessary for a child that has been
ordered into foster care for a specified period of time to be in
foster care longer than one year after the permanency hearing
held under this section, not later than 12 months after the time
the child was ordered into foster care for a specified period of
time, the matter must be returned to court for a review of the
appropriateness of continuing the child in foster care and of
the responsible social services agency's reasonable efforts to
finalize a permanent plan for the child; if it is in the child's
best interests to continue the order for foster care for a
specified period of time past a total of 12 months, the court
shall set objectives for the child's continuation in foster
care, specify any further amount of time the child may be in
foster care, and review the plan for the safe return of the
child to the parent.
(i) An order under this subdivision permanently placing a
child out of the home of the parent or guardian 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
guardian where reasonable efforts are required;
(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 that the conditions which led to the
out-of-home placement have not been corrected so that the child
can safely return home.
(i) (j) 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 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. The responsible social services
agency may ask the court to vacate an order for long-term foster
care upon a prima facie showing that there is a factual basis
for the court to order another permanency option under this
chapter and that such an option is in the child's best
interests. Upon a hearing where the court determines that there
is a factual basis for vacating the order for long-term foster
care and that another permanent order regarding the placement of
the child is in the child's best interests, the court may vacate
the order for long-term foster care and enter a different order
for permanent placement that is in the child's best interests.
The court shall not require further reasonable efforts to
reunify the child with the parent or guardian as a basis for
vacating the order for long-term foster care and ordering a
different permanent placement in the child's best interests.
The county attorney must file pleadings and give notice as
required under the rules of juvenile court in order to modify an
order for long-term foster care under this paragraph.
(j) (k) 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. 19. Minnesota Statutes 2004, 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 approves the responsible
social services agency's determination of 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 a trial home visit, protective supervision, or
monitoring under section 260C.201.
Sec. 20. Minnesota Statutes 2004, 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 until
the child's adoption is finalized, the child is 18 years of age,
or the child is otherwise ordered discharged from the
jurisdiction of the court. 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 The
responsible social services agency may make a determination of
compelling reasons for a child to be in long-term foster care
when the agency has made exhaustive efforts to recruit,
identify, and place the child in an adoptive home, and if the
child continues in out-of-home placement foster care for 12 at
least 24 months after the court has issued the order terminating
parental rights and. Upon approving the agency's determination
of compelling reasons, the court may order the child placed in
long-term foster care. 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 using the review requirements of
section 260C.201, subdivision 11, paragraph (g).
(d) The court shall retain jurisdiction through the child's
minority in a case where long-term foster care is the permanent
disposition whether under paragraph (c) or section 260C.201,
subdivision 11. All of the review requirements under section
260C.201, subdivision 11, paragraph (g), apply.
ARTICLE 3
CHILD CARE
Section 1. Minnesota Statutes 2004, section 119B.025,
subdivision 1, is amended to read:
Subdivision 1. [FACTORS WHICH MUST BE VERIFIED.] (a) The
county shall verify the following at all initial child care
applications using the universal application:
(1) identity of adults;
(2) presence of the minor child in the home, if
questionable;
(3) relationship of minor child to the parent, stepparent,
legal guardian, eligible relative caretaker, or the spouses of
any of the foregoing;
(4) age;
(5) immigration status, if related to eligibility;
(6) Social Security number, if given;
(7) income;
(8) spousal support and child support payments made to
persons outside the household;
(9) residence; and
(10) inconsistent information, if related to eligibility.
(b) If a family did not use the universal application or
child care addendum to apply for child care assistance, the
family must complete the universal application or child care
addendum at its next eligibility redetermination and the county
must verify the factors listed in paragraph (a) as part of that
redetermination. Once a family has completed a universal
application or child care addendum, the county shall use the
redetermination form described in paragraph (c) for that
family's subsequent redeterminations. Eligibility must be
redetermined at least every six months. If a family reports a
change in an eligibility factor before the family's next
regularly scheduled redetermination, the county must recalculate
eligibility without requiring verification of any eligibility
factor that did not change.
(c) The commissioner shall develop a recertification
redetermination form to redetermine eligibility and a change
report form to report changes that minimizes minimize paperwork
for the county and the participant.
Sec. 2. Minnesota Statutes 2004, section 119B.03,
subdivision 6, is amended to read:
Subd. 6. [ALLOCATION FORMULA.] The basic sliding fee state
and federal funds shall be allocated on a calendar year basis.
Funds shall be allocated first in amounts equal to each county's
guaranteed floor according to subdivision 8, with any remaining
available funds allocated according to the following formula:
(a) One-fourth of the funds shall be allocated in
proportion to each county's total expenditures for the basic
sliding fee child care program reported during the most recent
fiscal year completed at the time of the notice of allocation.
(b) One-fourth of the funds shall be allocated based on the
number of families participating in the transition year child
care program as reported during the most recent quarter
completed at the time of the notice of allocation.
(c) One-fourth of the funds shall be allocated in
proportion to each county's most recently reported first,
second, and third priority waiting list as defined in
subdivision 2 and the reinstatement list of those families whose
assistance was terminated with the approval of the commissioner
under Minnesota Rules, part 3400.0183, subpart 1.
(d) One-fourth of the funds must be allocated in proportion
to each county's most recently reported waiting list as defined
in subdivision 2 and the reinstatement list of those families
whose assistance was terminated with the approval of the
commissioner under Minnesota Rules, part 3400.0183, subpart 1.
Sec. 3. Minnesota Statutes 2004, section 119B.09,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY; ANNUAL INCOME; CALCULATION.] Annual
income of the applicant family is the current monthly income of
the family multiplied by 12 or the income for the 12-month
period immediately preceding the date of application, or income
calculated by the method which provides the most accurate
assessment of income available to the family. Self-employment
income must be calculated based on gross receipts less operating
expenses. Income must be redetermined recalculated when the
family's income changes, but no less often than every six
months. Income must be verified with documentary evidence. If
the applicant does not have sufficient evidence of income,
verification must be obtained from the source of the income.
Sec. 4. Minnesota Statutes 2004, section 119B.09,
subdivision 9, is amended to read:
Subd. 9. [LICENSED AND LEGAL NONLICENSED FAMILY CHILD CARE
PROVIDERS; ASSISTANCE.] Licensed and legal nonlicensed family
child care providers are not eligible to receive child care
assistance subsidies under this chapter for their own children
or children in their custody. family during the hours they are
providing child care or being paid to provide child care. Child
care providers are eligible to receive child care assistance
subsidies for their children when they are engaged in other
activities that meet the requirements of this chapter and for
which child care assistance can be paid. The hours for which
the provider receives a child care subsidy for their own
children must not overlap with the hours the provider provides
child care services.
ARTICLE 4
CHILD SUPPORT
Section 1. Minnesota Statutes 2004, section 256.978,
subdivision 2, is amended to read:
Subd. 2. [ACCESS TO INFORMATION.] (a) A request for
information by the public authority responsible for child
support of this state or any other state may be made to:
(1) employers when there is reasonable cause to believe
that the subject of the inquiry is or was an employee or
independent contractor of the employer. Information to be
released by employers of employees is limited to place of
residence, employment status, wage or payment information,
benefit information, and Social Security number. Information to
be released by employers of independent contractors is limited
to place of residence or address, contract status, payment
information, benefit information, and Social Security number or
identification number;
(2) utility companies when there is reasonable cause to
believe that the subject of the inquiry is or was a retail
customer of the utility company. Customer information to be
released by utility companies is limited to place of residence,
home telephone, work telephone, source of income, employer and
place of employment, and Social Security number;
(3) insurance companies when there is reasonable cause to
believe that the subject of the inquiry is or was receiving
funds either in the form of a lump sum or periodic payments.
Information to be released by insurance companies is limited to
place of residence, home telephone, work telephone, employer,
Social Security number, and amounts and type of payments made to
the subject of the inquiry;
(4) labor organizations when there is reasonable cause to
believe that the subject of the inquiry is or was a member of
the labor association. Information to be released by labor
associations is limited to place of residence, home telephone,
work telephone, Social Security number, and current and past
employment information; and
(5) financial institutions when there is reasonable cause
to believe that the subject of the inquiry has or has had
accounts, stocks, loans, certificates of deposits, treasury
bills, life insurance policies, or other forms of financial
dealings with the institution. Information to be released by
the financial institution is limited to place of residence, home
telephone, work telephone, identifying information on the type
of financial relationships, Social Security number, current
value of financial relationships, and current indebtedness of
the subject with the financial institution.
(b) For purposes of this subdivision, utility companies
include telephone companies, radio common carriers, and
telecommunications carriers as defined in section 237.01, and
companies that provide electrical, telephone, natural gas,
propane gas, oil, coal, or cable television services to retail
customers. The term financial institution includes banks,
savings and loans, credit unions, brokerage firms, mortgage
companies, insurance companies, benefit associations, safe
deposit companies, money market mutual funds, or similar
entities authorized to do business in the state.
(c) For purposes of this section, the public authority may
request or obtain information from any person or entity
enumerated in this section, or from any third party who
contracts with any such person or entity to obtain or retain
information that may be requested by the public authority.
Sec. 2. Minnesota Statutes 2004, section 548.091,
subdivision 1a, is amended to read:
Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.]
(a) Any payment or installment of support required by a judgment
or decree of dissolution or legal separation, determination of
parentage, an order under chapter 518C, an order under section
256.87, or an order under section 260B.331 or 260C.331, that is
not paid or withheld from the obligor's income as required under
section 518.6111, or which is ordered as child support by
judgment, decree, or order by a court in any other state, is a
judgment by operation of law on and after the date it is due, is
entitled to full faith and credit in this state and any other
state, and shall be entered and docketed by the court
administrator on the filing of affidavits as provided in
subdivision 2a. Except as otherwise provided by paragraph (b),
interest accrues from the date the unpaid amount due is greater
than the current support due at the annual rate provided in
section 549.09, subdivision 1, plus two percent, not to exceed
an annual rate of 18 percent. A payment or installment of
support that becomes a judgment by operation of law between the
date on which a party served notice of a motion for modification
under section 518.64, subdivision 2, and the date of the court's
order on modification may be modified under that subdivision.
(b) Notwithstanding the provisions of section 549.09, upon
motion to the court and upon proof by the obligor of 36 12
consecutive months of complete and timely payments of both
current support and court-ordered paybacks of a child support
debt or arrearage, the court may order interest on the remaining
debt or arrearage to stop accruing. Timely payments are those
made in the month in which they are due. If, after that time,
the obligor fails to make complete and timely payments of both
current support and court-ordered paybacks of child support debt
or arrearage, the public authority or the obligee may move the
court for the reinstatement of interest as of the month in which
the obligor ceased making complete and timely payments.
The court shall provide copies of all orders issued under
this section to the public authority. The state court
administrator shall prepare and make available to the court and
the parties forms to be submitted by the parties in support of a
motion under this paragraph.
(c) Notwithstanding the provisions of section 549.09, upon
motion to the court, the court may order interest on a child
support debt or arrearage to stop accruing where the court finds
that the obligor is:
(1) unable to pay support because of a significant physical
or mental disability;
(2) a recipient of Supplemental Security Income (SSI),
Title II Older Americans Survivor's Disability Insurance
(OASDI), other disability benefits, or public assistance based
upon need; or
(3) institutionalized or incarcerated for at least 30 days
for an offense other than nonsupport of the child or children
involved, and is otherwise financially unable to pay support.
(d) If the conditions in paragraph (c) no longer exist,
upon motion to the court, the court may order interest accrual
to resume retroactively from the date of service of the motion
to resume the accrual of interest.
ARTICLE 5
FAMILY SUPPORTS
Section 1. Minnesota Statutes 2004, section 119A.43,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT AND ADMINISTRATION.] A
transitional housing program is established to be administered
by the commissioner. The commissioner may make grants to
eligible recipients or enter into agreements with community
action agencies or other public or private nonprofit agencies to
make grants to eligible recipients to initiate, maintain, or
expand programs to provide transitional housing and support
services for persons in need of transitional housing, which may
include up to six months of follow-up support services for
persons who complete transitional housing as they stabilize in
permanent housing. The commissioner must ensure that money
appropriated to implement this section is distributed as soon as
practicable. The commissioner may make grants directly to
eligible recipients. The commissioner may use up to ten percent
of the appropriation available for this program for persons
needing assistance longer than 24 months.
Sec. 2. Minnesota Statutes 2004, section 144D.025, is
amended to read:
144D.025 [OPTIONAL REGISTRATION.]
An establishment that meets all the requirements of this
chapter except that fewer than 80 percent of the adult residents
are age 55 or older, or a supportive housing establishment
developed and funded in whole or in part with funds provided
specifically as part of the plan to end long-term homelessness
required under Laws 2003, chapter 128, article 15, section 9,
may, at its option, register as a housing with services
establishment.
Sec. 3. Minnesota Statutes 2004, section 256D.02,
subdivision 17, is amended to read:
Subd. 17. [PROFESSIONAL CERTIFICATION.] "Professional
certification" means: (1) a statement about a person's illness,
injury, or incapacity that is signed by a licensed physician,
psychological practitioner, or licensed psychologist, qualified
by professional training and experience to diagnose and certify
the person's condition; or
(2) a statement about an incapacity involving a spinal
subluxation condition that is signed by a licensed chiropractor
qualified by professional training and experience to diagnose
and certify the condition "qualified professional" as defined in
section 256J.08, subdivision 73a.
Sec. 4. Minnesota Statutes 2004, section 256D.051,
subdivision 6c, is amended to read:
Subd. 6c. [PROGRAM FUNDING.] (a) Within the limits of
available resources, the commissioner shall reimburse the actual
costs of county agencies and their employment and training
service providers for the provision of food stamp employment and
training services, including participant support services,
direct program services, and program administrative activities.
The cost of services for each county's food stamp employment and
training program shall not exceed the annual allocated amount.
No more than 15 percent of program funds may be used for
administrative activities. The county agency may expend county
funds in excess of the limits of this subdivision without state
reimbursement.
Program funds shall be allocated based on the county's
average number of food stamp cases as compared to the statewide
total number of such cases. The average number of cases shall
be based on counts of cases as of March 31, June 30, September
30, and December 31 of the previous calendar year. The
commissioner may reallocate unexpended money appropriated under
this section to those county agencies that demonstrate a need
for additional funds.
(b) This subdivision expires effective June 30, 2005.
Sec. 5. Minnesota Statutes 2004, section 256I.04,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE REQUIRED.] A county agency may not
enter into an agreement with an establishment to provide group
residential housing unless:
(1) the establishment is licensed by the Department of
Health as a hotel and restaurant; a board and lodging
establishment; a residential care home; a boarding care home
before March 1, 1985; or a supervised living facility, and the
service provider for residents of the facility is licensed under
chapter 245A. However, an establishment licensed by the
Department of Health to provide lodging need not also be
licensed to provide board if meals are being supplied to
residents under a contract with a food vendor who is licensed by
the Department of Health;
(2) the residence is licensed by the commissioner of human
services under Minnesota Rules, parts 9555.5050 to 9555.6265, or
certified by a county human services agency prior to July 1,
1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; or
(3) the establishment is registered under chapter 144D and
provides three meals a day, except that or is an establishment
voluntarily registered under section 144D.025 is not eligible
for an agreement to provide group residential housing as a
supportive housing establishment; or
(4) an establishment voluntarily registered under section
144D.025, other than a supportive housing establishment under
clause (3), is not eligible to provide group residential housing.
The requirements under clauses (1), (2), (3), and (3) (4)
do not apply to establishments exempt from state licensure
because they are located on Indian reservations and subject to
tribal health and safety requirements.
Sec. 6. Minnesota Statutes 2004, section 256I.05, is
amended by adding a subdivision to read:
Subd. 1g. [SUPPLEMENTARY SERVICE RATE FOR CERTAIN
FACILITIES.] On or after July 1, 2005, a county agency may
negotiate a supplementary service rate for recipients of
assistance under section 256I.04, subdivision 1, paragraph (b),
who relocate from a homeless shelter licensed and registered
prior to December 31, 1996, by the Minnesota Department of
Health under section 157.17, to a supportive housing
establishment developed and funded in whole or in part with
funds provided specifically as part of the plan to end long-term
homelessness required under Laws 2003, chapter 128, article 15,
section 9, not to exceed $456.75.
Sec. 7. Minnesota Statutes 2004, section 256J.626,
subdivision 6, is amended to read:
Subd. 6. [BASE ALLOCATION TO COUNTIES AND TRIBES;
DEFINITIONS.] (a) For purposes of this section, the following
terms have the meanings given them:.
(1) "2002 historic spending base" means the commissioner's
determination of the sum of the reimbursement related to fiscal
year 2002 of county or tribal agency expenditures for the base
programs listed in clause (4) (6), items (i) through (iv), and
earnings related to calendar year 2002 in the base program
listed in clause (4) (6), item (v), and the amount of spending
in fiscal year 2002 in the base program listed in
clause (4) (6), item (vi), issued to or on behalf of persons
residing in the county or tribal service delivery area.
(2) "Adjusted caseload factor" means a factor weighted:
(i) 47 percent on the MFIP cases in each county at four
points in time in the most recent 12-month period for which data
is available multiplied by the county's caseload difficulty
factor; and
(ii) 53 percent on the count of adults on MFIP in each
county and tribe at four points in time in the most recent
12-month period for which data is available multiplied by the
county or tribe's caseload difficulty factor.
(3) "Caseload difficulty factor" means a factor determined
by the commissioner for each county and tribe based upon the
self-support index described in section 256J.751, subdivision 2,
clause (7).
(2) (4) "Initial allocation" means the amount potentially
available to each county or tribe based on the formula in
paragraphs (b) through (d) (h).
(3) (5) "Final allocation" means the amount available to
each county or tribe based on the formula in paragraphs (b)
through (d) (h), after adjustment by subdivision 7.
(4) (6) "Base programs" means the:
(i) MFIP employment and training services under Minnesota
Statutes 2002, section 256J.62, subdivision 1, in effect June
30, 2002;
(ii) bilingual employment and training services to refugees
under Minnesota Statutes 2002, section 256J.62, subdivision 6,
in effect June 30, 2002;
(iii) work literacy language programs under Minnesota
Statutes 2002, section 256J.62, subdivision 7, in effect June
30, 2002;
(iv) supported work program authorized in Laws 2001, First
Special Session chapter 9, article 17, section 2, in effect June
30, 2002;
(v) administrative aid program under section 256J.76 in
effect December 31, 2002; and
(vi) emergency assistance program under Minnesota Statutes
2002, section 256J.48, in effect June 30, 2002.
(b)(1) Beginning July 1, 2003, The commissioner shall:
(1) beginning July 1, 2003, determine the initial
allocation of funds available under this section according to
clause (2).;
(2) allocate all of the funds available for the period
beginning July 1, 2003, and ending December 31, 2004, shall be
allocated to each county or tribe in proportion to the county's
or tribe's share of the statewide 2002 historic spending base.;
(c) (3) determine for calendar year 2005, the commissioner
shall determine the initial allocation of funds to be made
available under this section in proportion to the county or
tribe's initial allocation for the period of July 1, 2003, to
December 31, 2004.;
(d) The formula under this subdivision sunsets December 31,
2005. (4) determine for calendar year 2006 the initial
allocation of funds to be made available under this section
based 90 percent on the proportion of the county or tribe's
share of the statewide 2002 historic spending base and ten
percent on the proportion of the county or tribe's share of the
adjusted caseload factor;
(5) determine for calendar year 2007 the initial allocation
of funds to be made available under this section based 70
percent on the proportion of the county or tribe's share of the
statewide 2002 historic spending base and 30 percent on the
proportion of the county or tribe's share of the adjusted
caseload factor; and
(6) determine for calendar year 2008 and subsequent years
the initial allocation of funds to be made available under this
section based 50 percent on the proportion of the county or
tribe's share of the statewide 2002 historic spending base and
50 percent on the proportion of the county or tribe's share of
the adjusted caseload factor.
(e) (c) With the commencement of a new or expanded tribal
TANF program or an agreement under section 256.01, subdivision
2, paragraph (g), in which some or all of the responsibilities
of particular counties under this section are transferred to a
tribe, the commissioner shall:
(1) in the case where all responsibilities under this
section are transferred to a tribal program, determine the
percentage of the county's current caseload that is transferring
to a tribal program and adjust the affected county's allocation
accordingly; and
(2) in the case where a portion of the responsibilities
under this section are transferred to a tribal program, the
commissioner shall consult with the affected county or counties
to determine an appropriate adjustment to the allocation.
(f) (d) Effective January 1, 2005, counties and tribes will
have their final allocations adjusted based on the performance
provisions of subdivision 7.
Sec. 8. Minnesota Statutes 2004, section 256J.626,
subdivision 7, is amended to read:
Subd. 7. [PERFORMANCE BASE FUNDS.] (a) Beginning calendar
year 2005, each county and tribe will be allocated 95 percent of
their initial calendar year allocation. Counties and tribes
will be allocated additional funds based on performance as
follows:
(1) for calendar year 2005, a county or tribe that achieves
a 30 percent rate or higher on the MFIP participation rate under
section 256J.751, subdivision 2, clause (8), as averaged across
the four quarterly measurements for the most recent year for
which the measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation; and
(2) for calendar year 2006, a county or tribe that achieves
a 40 percent rate or a five percentage point improvement over
the previous year's MFIP participation rate under section
256J.751, subdivision 2, clause (8), as averaged across the four
quarterly measurements for the most recent year for which the
measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation; and
(3) for calendar year 2007, a county or tribe that achieves
a 50 percent rate or a five percentage point improvement over
the previous year's MFIP participation rate under section
256J.751, subdivision 2, clause (8), as averaged across the four
quarterly measurements for the most recent year for which the
measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation; and
(4) for calendar year 2008 and yearly thereafter, a county
or tribe that achieves a 50 percent MFIP participation rate
under section 256J.751, subdivision 2, clause (8), as averaged
across the four quarterly measurements for the most recent year
for which the measurements are available, will receive an
additional allocation equal to 2.5 percent of its initial
allocation; and
(5) for calendar years 2005 and thereafter, a county or
tribe that performs above the top of its annualized range of
expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (7), in both
measurements in the preceding year will receive an additional
allocation equal to five percent of its initial allocation; or
(6) for calendar years 2005 and thereafter, a county or
tribe that performs within its range of expected performance on
the annualized three-year self-support index under section
256J.751, subdivision 2, clause (7), in both measurements in the
preceding year, or above the top of its range of expected
performance in one measurement and within its expected range of
performance in the other measurement, will receive an additional
allocation equal to 2.5 percent of its initial allocation.
(b) Performance-based funds for a federally approved tribal
TANF program in which the state and tribe have in place a
contract under section 256.01, addressing consolidated funding,
will be allocated as follows:
(1) for calendar year 2006 and yearly thereafter, a tribe
that achieves the participation rate approved in its federal
TANF plan using the average of four quarterly measurements for
the most recent year for which the measurements are available,
will receive an additional allocation equal to 2.5 percent of
its initial allocation; and
(2) for calendar years 2006 and thereafter, a tribe that
performs above the top of its annualized range of expected
performance on the three-year self-support index under section
256J.751, subdivision 2, clause (7), will receive an additional
allocation equal to five percent of its initial allocation; or
(3) for calendar years 2006 and thereafter, a tribe that
performs within its range of expected performance on the
annualized three-year self-support index under section 256J.751,
subdivision 2, clause (7), will receive an additional allocation
equal to 2.5 percent of its initial allocation.
(b) (c) Funds remaining unallocated after the
performance-based allocations in paragraph (a) are available to
the commissioner for innovation projects under subdivision 5.
(c) (d)(1) If available funds are insufficient to meet
county and tribal allocations under paragraph (a), the
commissioner may make available for allocation funds that are
unobligated and available from the innovation projects through
the end of the current biennium.
(2) If after the application of clause (1) funds remain
insufficient to meet county and tribal allocations under
paragraph (a), the commissioner must proportionally reduce the
allocation of each county and tribe with respect to their
maximum allocation available under paragraph (a).
Sec. 9. Minnesota Statutes 2004, section 256J.626,
subdivision 8, is amended to read:
Subd. 8. [REPORTING REQUIREMENT AND REIMBURSEMENT.] (a)
The commissioner shall specify requirements for reporting
according to section 256.01, subdivision 2, clause (17). Each
county or tribe shall be reimbursed for eligible expenditures up
to the limit of its allocation and subject to availability of
funds.
(b) Reimbursements for county administrative-related
expenditures determined through the income maintenance random
moment time study shall be reimbursed at a rate of 50 percent of
eligible expenditures.
(c) The commissioner of human services shall review county
and tribal agency expenditures of the MFIP consolidated fund as
appropriate and may reallocate unencumbered or unexpended money
appropriated under this section to those county and tribal
agencies that can demonstrate a need for additional money. as
follows:
(1) to the extent that particular county or tribal
allocations are reduced from the previous year's amount due to
the phase-in under subdivision 6, paragraph (b), clauses (4) to
(6), those tribes or counties would have first priority for
reallocated funds; and
(2) to the extent that unexpended funds are insufficient to
cover demonstrated need, funds will be prorated to those
counties and tribes in relation to demonstrated need.
Sec. 10. Minnesota Statutes 2004, section 256J.751,
subdivision 2, is amended to read:
Subd. 2. [QUARTERLY COMPARISON REPORT.] The commissioner
shall report quarterly to all counties on each county's
performance on the following measures:
(1) percent of MFIP caseload working in paid employment;
(2) percent of MFIP caseload receiving only the food
portion of assistance;
(3) number of MFIP cases that have left assistance;
(4) federal participation requirements as specified in
Title 1 of Public Law 104-193;
(5) median placement wage rate;
(6) (5) caseload by months of TANF assistance;
(7) (6) percent of MFIP and diversionary work program (DWP)
cases off cash assistance or working 30 or more hours per week
at one-year, two-year, and three-year follow-up points from a
baseline quarter. This measure is called the self-support
index. Twice annually, The commissioner shall report quarterly
an expected range of performance for each county, county
grouping, and tribe on the self-support index. The expected
range shall be derived by a statistical methodology developed by
the commissioner in consultation with the counties and tribes.
The statistical methodology shall control differences across
counties in economic conditions and demographics of the MFIP and
DWP case load; and
(8) (7) the MFIP work participation rate, defined as the
participation requirements specified in title 1 of Public Law
104-193 applied to all MFIP cases except child only cases and
cases exempt under section 256J.56.
Sec. 11. Minnesota Statutes 2004, section 256J.751,
subdivision 5, is amended to read:
Subd. 5. [FAILURE TO MEET FEDERAL PERFORMANCE STANDARDS.]
(a) If sanctions occur for failure to meet the performance
standards specified in title 1 of Public Law 104-193 of the
Personal Responsibility and Work Opportunity Act of 1996, the
state shall pay 88 percent of the sanction. The remaining 12
percent of the sanction will be paid by the counties. The
county portion of the sanction will be distributed across all
counties in proportion to each county's percentage of the MFIP
average monthly caseload during the period for which the
sanction was applied.
(b) If a county fails to meet the performance standards
specified in title 1 of Public Law 104-193 of the Personal
Responsibility and Work Opportunity Act of 1996 for any year,
the commissioner shall work with counties to organize a joint
state-county technical assistance team to work with the county.
The commissioner shall coordinate any technical assistance with
other departments and agencies including the Departments of
Employment and Economic Development and Education as necessary
to achieve the purpose of this paragraph.
(c) For state performance measures, a low-performing county
is one that:
(1) performs below the bottom of their expected range for
the measure in subdivision 2, clause (7), in both measurements
during the an annualized measurement reported in October of each
year; or
(2) performs below 40 percent for the measure in
subdivision 2, clause (8), as averaged across the four quarterly
measurements for the year, or the ten counties with the lowest
rates if more than ten are below 40 percent.
(d) Low-performing counties under paragraph (c) must engage
in corrective action planning as defined by the commissioner.
The commissioner may coordinate technical assistance as
specified in paragraph (b) for low-performing counties under
paragraph (c).
Sec. 12. [REPEALER.]
Minnesota Rules, part 9500.1206, subparts 20, 26d, and 27,
are repealed.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 8:55 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes