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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 165-H.F.No. 1816 
                  An act relating to human services; extending coverage 
                  of certain mental health services; providing for 
                  children's mental health services; changing certain 
                  civil commitment provisions; establishing a task force 
                  to study disposition of persons committed as sexually 
                  dangerous or sexual psychopathic personality; 
                  requiring a report; amending Minnesota Statutes 2004, 
                  sections 148C.11, subdivision 1; 253B.02, subdivisions 
                  7, 9; 253B.05, subdivision 2; 256.9693; 256B.0624, by 
                  adding a subdivision; 260C.141, subdivision 2; 
                  260C.193, subdivision 2; 260C.201, subdivisions 1, 2; 
                  260C.205; 260C.212, subdivision 1; repealing Laws 
                  2001, First Special Session chapter 9, article 9, 
                  section 52; Laws 2002, chapter 335, section 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                             MENTAL HEALTH SERVICES 
           Section 1.  Minnesota Statutes 2004, section 148C.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OTHER PROFESSIONALS.] (a) Nothing in this 
        chapter prevents members of other professions or occupations 
        from performing functions for which they are qualified or 
        licensed.  This exception includes, but is not limited to, 
        licensed physicians, registered nurses, licensed practical 
        nurses, licensed psychological practitioners, members of the 
        clergy, American Indian medicine men and women, licensed 
        attorneys, probation officers, licensed marriage and family 
        therapists, licensed social workers, licensed professional 
        counselors, licensed school counselors, registered occupational 
        therapists or occupational therapy assistants, and until July 1, 
        2005 2007, individuals providing integrated dual-diagnosis 
        treatment in adult mental health rehabilitative programs 
        certified by the Department of Human Services under section 
        256B.0622 or 256B.0623. 
           (b) Nothing in this chapter prohibits technicians and 
        resident managers in programs licensed by the Department of 
        Human Services from discharging their duties as provided in 
        Minnesota Rules, chapter 9530.  
           (c) Any person who is exempt under this section but who 
        elects to obtain a license under this chapter is subject to this 
        chapter to the same extent as other licensees.  
           (d) These persons must not, however, use a title 
        incorporating the words "alcohol and drug counselor" or 
        "licensed alcohol and drug counselor" or otherwise hold 
        themselves out to the public by any title or description stating 
        or implying that they are engaged in the practice of alcohol and 
        drug counseling, or that they are licensed to engage in the 
        practice of alcohol and drug counseling.  Persons engaged in the 
        practice of alcohol and drug counseling are not exempt from the 
        commissioner's jurisdiction solely by the use of one of the 
        above titles. 
           Sec. 2.  Minnesota Statutes 2004, section 256.9693, is 
        amended to read: 
           256.9693 [CONTINUING CARE PROGRAM FOR PERSONS WITH MENTAL 
        ILLNESS.] 
           The commissioner shall establish a continuing care benefit 
        program for persons with mental illness in which persons with 
        mental illness may obtain acute care hospital inpatient 
        treatment for mental illness for up to 45 days beyond that 
        allowed by section 256.969.  The commissioner may authorize 
        additional days beyond 45 based on an individual review of 
        medical necessity.  Persons with mental illness who are eligible 
        for medical assistance may obtain inpatient treatment under this 
        program in hospital beds for which the commissioner contracts 
        under this section.  The commissioner may selectively contract 
        with hospitals to provide this benefit through competitive 
        bidding when reasonable geographic access by recipients can be 
        assured.  Payments under this section shall not affect payments 
        under section 256.969.  The commissioner may contract externally 
        with a utilization review organization to authorize persons with 
        mental illness to access the continuing care benefit program.  
        The commissioner, as part of the contracts with hospitals, shall 
        establish admission criteria to allow persons with mental 
        illness to access the continuing care benefit program.  If a 
        court orders acute care hospital inpatient treatment for mental 
        illness for a person, the person may obtain the treatment under 
        the continuing care benefit program.  The commissioner shall not 
        require, as part of the admission criteria, any commitment or 
        petition under chapter 253B as a condition of accessing the 
        program.  This benefit is not available for people who are also 
        eligible for Medicare and who have not exhausted their annual or 
        lifetime inpatient psychiatric benefit under Medicare.  If a 
        recipient is enrolled in a prepaid plan, this program is 
        included in the plan's coverage.  
           Sec. 3.  Minnesota Statutes 2004, section 256B.0624, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [ALTERNATIVE PROVIDER STANDARDS FOR ADULT MENTAL 
        HEALTH CRISIS RESPONSE SERVICES.] If a county demonstrates that, 
        due to geographic or other barriers, it is not feasible to 
        provide mobile crisis intervention services according to the 
        standards in subdivision 4, paragraph (b), clause (9), the 
        commissioner may approve a crisis response provider based on an 
        alternative plan proposed by a county or group of counties.  The 
        alternative plan must: 
           (1) result in increased access and a reduction in 
        disparities in the availability of crisis services; 
           (2) provide mobile services outside of the usual 
        nine-to-five office hours and on weekends and holidays; and 
           (3) comply with standards for emergency mental health 
        services in section 245.469. 
           Sec. 4.  [REPEALER.] 
           Laws 2001, First Special Session chapter 9, article 9, 
        section 52; and Laws 2002, chapter 335, section 4, are repealed 
        effective the day following final enactment. 

                                   ARTICLE 2 
                            CHILDREN'S MENTAL HEALTH 
           Section 1.  Minnesota Statutes 2004, section 260C.141, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
        services agency responsible for the placement of a child in a 
        residential facility, as defined in section 260C.212, 
        subdivision 1, pursuant to a voluntary release by the child's 
        parent or parents must proceed in juvenile court to review the 
        foster care status of the child in the manner provided in this 
        section.  
           (a) Except for a child in placement foster care due solely 
        to the child's developmental disability or emotional 
        disturbance, when a child continues in voluntary placement 
        according to section 260C.212, subdivision 8, a petition shall 
        be filed alleging the child to be in need of protection or 
        services or seeking termination of parental rights or other 
        permanent placement of the child away from the parent within 90 
        days of the date of the voluntary placement agreement.  The 
        petition shall state the reasons why the child is in placement, 
        the progress on the out-of-home placement plan required under 
        section 260C.212, subdivision 1, and the statutory basis for the 
        petition under section 260C.007, subdivision 6, 260C.201, 
        subdivision 11, or 260C.301. 
           (1) In the case of a petition alleging the child to be in 
        need of protection or services filed under this paragraph, if 
        all parties agree and the court finds it is in the best 
        interests of the child, the court may find the petition states a 
        prima facie case that: 
           (i) the child's needs are being met; 
           (ii) the placement of the child in foster care is in the 
        best interests of the child; 
           (iii) reasonable efforts to reunify the child and the 
        parent or guardian are being made; and 
           (iv) the child will be returned home in the next three 
        months. 
           (2) If the court makes findings under paragraph (1), the 
        court shall approve the voluntary arrangement and continue the 
        matter for up to three more months to ensure the child returns 
        to the parents' home.  The responsible social services agency 
        shall: 
           (i) report to the court when the child returns home and the 
        progress made by the parent on the out-of-home placement plan 
        required under section 260C.212, in which case the court shall 
        dismiss jurisdiction; 
           (ii) report to the court that the child has not returned 
        home, in which case the matter shall be returned to the court 
        for further proceedings under section 260C.163; or 
           (iii) if any party does not agree to continue the matter 
        under this paragraph and paragraph (1) and this paragraph, the 
        matter shall proceed under section 260C.163. 
           (b) Subd. 2a.  [VOLUNTARY FOSTER CARE PLACEMENT.] In the 
        case of a child in voluntary placement due solely to the child's 
        developmental disability or emotional disturbance according to 
        section 260C.212, subdivision 9, the following procedures apply: 
        a petition under subdivision 1 shall not be filed unless a child 
        continues in foster care for 13 consecutive months from the date 
        of the voluntary placement, in which case, the responsible 
        social services agency shall proceed under clause (2).  In lieu 
        of filing a petition to obtain judicial review of a child's 
        voluntary placement due solely to disability and within 165 days 
        of the placement, the responsible social services agency must 
        report to the court as follows: 
           (1)  [REPORT TO COURT.] (i) Unless the county attorney 
        determines that a petition under subdivision 1 is appropriate, 
        without filing a petition, A written report shall be forwarded 
        to the court within 165 days of the date of the voluntary 
        placement agreement.  The written report shall contain necessary 
        identifying information for the court to proceed, a copy of the 
        out-of-home placement plan required under section 260C.212, 
        subdivision 1, a written summary of the proceedings of any 
        administrative review required under section 260C.212, 
        subdivision 7, and any other information the responsible social 
        services agency, parent or guardian, the child or the foster 
        parent or other residential facility wants the court to 
        consider.  In the case of a child in placement due solely to an 
        emotional disturbance, the written report shall include as an 
        attachment the child's individual treatment plan developed by 
        the child's treatment professional, as provided in section 
        245.4871, subdivision 21, or the child's individual interagency 
        intervention plan, as provided in section 125A.023, subdivision 
        3, paragraph (c).  In the case of a child in placement due 
        solely to a developmental disability, the written report shall 
        include as an attachment the child's individual service plan, as 
        provided in section 256B.092, subdivision 1b; the child's 
        individual program plan, as provided in Minnesota Rules, part 
        9525.0004, subpart 11; the child's waiver care plan; or the 
        child's individual interagency intervention plan, as provided in 
        section 125A.023, subdivision 3, paragraph (c). 
           (ii) The responsible social services agency, where 
        appropriate, must advise the child, parent or guardian, the 
        foster parent, or representative of the residential facility of 
        the requirements of this section and of their right to submit 
        information to the court.  If the child, parent or guardian, 
        foster parent, or representative of the residential facility 
        wants to send information to the court, the responsible social 
        services agency shall advise those persons of the reporting date 
        and the identifying information necessary for the court 
        administrator to accept the information and submit it to a judge 
        with the agency's report.  The responsible social services 
        agency must also notify those persons that they have the right 
        to be heard in person by the court and how to exercise that 
        right.  The responsible social services agency must also provide 
        notice that an in-court hearing will not be held unless 
        requested by a parent or guardian, foster parent, or the child. 
           (iii) After receiving the required report, the court has 
        jurisdiction to make the following determinations and must do so 
        within ten days of receiving the forwarded report:  (A) whether 
        or not the placement of the child is in the child's best 
        interests; and (B) whether the parent and agency are 
        appropriately planning for the child.  Unless requested by a 
        parent or guardian, foster parent, or child, no in-court hearing 
        need shall be held in order for the court to make findings and 
        issue an order under this paragraph. 
           (iv) If the court finds the placement is in the child's 
        best interests and that the agency and parent are appropriately 
        planning for the child, the court shall issue an order 
        containing explicit, individualized findings to support its 
        determination.  The court shall send a copy of the order to the 
        county attorney, the responsible social services agency, the 
        parent or guardian, the child, and the foster parents.  The 
        court shall also send the parent or guardian, the child, and the 
        foster parent notice of the required review under clause (2).  
           (v) If the court finds continuing the placement not to be 
        in the child's best interests or that the agency or the parent 
        or guardian is not appropriately planning for the child, the 
        court shall notify the county attorney, the responsible social 
        services agency, the parent or guardian, the foster parent, the 
        child, and the county attorney of the court's determinations and 
        the basis for the court's determinations. 
           (2)  [PERMANENCY REVIEW BY PETITION.] If a child with a 
        developmental disability or an emotional disturbance continues 
        in out-of-home placement for 13 months from the date of a 
        voluntary placement, a petition alleging the child to be in need 
        of protection or services, for termination of parental rights, 
        or for permanent placement of the child away from the parent 
        under section 260C.201 shall be filed.  The court shall conduct 
        a permanency hearing on the petition no later than 14 months 
        after the date of the voluntary placement.  At the permanency 
        hearing, the court shall determine the need for an order 
        permanently placing the child away from the parent or determine 
        whether there are compelling reasons that continued voluntary 
        placement is in the child's best interests.  A petition alleging 
        the child to be in need of protection or services shall state 
        the date of the voluntary placement agreement, the nature of the 
        child's developmental disability or emotional disturbance, the 
        plan for the ongoing care of the child, the parents' 
        participation in the plan, the responsible social services 
        agency's efforts to finalize a plan for the permanent placement 
        of the child, and the statutory basis for the petition. 
           (i) If a petition alleging the child to be in need of 
        protection or services is filed under this paragraph, the court 
        may find, based on the contents of the sworn petition, and the 
        agreement of all parties, including the child, where 
        appropriate, that there are compelling reasons that the 
        voluntary arrangement is in the best interests of the child and 
        that the responsible social services agency has made reasonable 
        efforts to finalize a plan for the permanent placement of the 
        child, approve the continued voluntary placement, and continue 
        the matter under the court's jurisdiction for the purpose of 
        reviewing the child's placement as a continued voluntary 
        arrangement every 12 months as long as the child continues in 
        out-of-home placement.  
           (ii) When the court finds compelling reasons and approves 
        the continued voluntary placement under this subdivision, the 
        court shall not adjudicate the child in need of protection or 
        services and shall not order the child placed in foster care or 
        transfer legal custody of the child to the responsible social 
        services agency.  A finding that the court approves the 
        continued voluntary placement means the responsible social 
        services agency has continued legal responsibility for the 
        child's placement due to the voluntary placement agreement and 
        that the parent may terminate the voluntary agreement as 
        provided in section 260C.212, subdivision 4, paragraph (c), 
        clause (2), or, in the case of an Indian child, as provided in 
        section 260.765, subdivision 4. 
           (iii) The matter must be returned to the court for further 
        review every 12 months as long as the child remains in 
        placement.  The court shall give notice to the parent or 
        guardian of the continued review requirements under this 
        section.  Nothing in this paragraph shall be construed to mean 
        the court must order permanent placement for the child under 
        section 260C.201, subdivision 11, as long as the court finds 
        compelling reasons at the first review required under this 
        section. 
           (iv) If a child diagnosed with developmental disability or 
        emotional disturbance has been ordered into foster care under 
        section 260C.178 or 260C.201 and the conditions which led to the 
        court's order have been corrected so that the child could safely 
        return to the care of the parent or guardian except for the 
        child's need for continued placement to access necessary 
        treatment or services, the responsible social services agency 
        may file a motion with the court in the child in need of 
        protection or services matter to vacate the finding that the 
        child is in need of protection or services and to vacate the 
        award of custody to the responsible agency.  The motion shall be 
        supported by affidavit setting forth:  (A) the agency's 
        reasonable efforts to finalize a permanent plan for the child 
        including returning the child home; (B) the agency's compelling 
        reasons why a permanent placement need not be ordered under 
        section 260C.201, subdivision 11; and (C) why the voluntary 
        placement is in the child's best interests.  This motion must be 
        filed no later than the time a permanency placement 
        determination hearing is required under section 260C.201, 
        subdivision 11.  At the time scheduled for the court to hear the 
        agency's motion, the parent or guardian and agency may execute a 
        voluntary placement agreement when the court approves the 
        child's continued foster care placement as a voluntary 
        arrangement.  The court may approve the continued foster care 
        placement as a voluntary arrangement if it finds there are 
        compelling reasons why continued placement on a voluntary basis 
        is in the child's best interests and that the responsible social 
        services agency has made reasonable efforts to finalize a plan 
        for the permanent placement of the child.  The matter shall 
        continue under the court's jurisdiction for the purpose of 
        reviewing the child's placement as a continued voluntary 
        arrangement every 12 months as long as the child continues in 
        out-of-home placement due solely to the child's disability.  A 
        finding that the court approves the continued voluntary 
        placement means the responsible social services agency has 
        continued legal responsibility for the child's placement due to 
        the voluntary placement agreement and that the parent may 
        terminate the voluntary agreement as provided in section 
        260C.212, subdivision 4, paragraph (c), clause (2), or, in the 
        case of an Indian child, as provided in section 260.765, 
        subdivision 4. 
           (ii) (v) If a petition for termination of parental rights, 
        for transfer of permanent legal and physical custody to a 
        relative, for long-term foster care, or for foster care for a 
        specified period of time is filed, the court must proceed under 
        section 260C.201, subdivision 11. 
           (3) If any party, including the child, disagrees with the 
        voluntary arrangement, the court shall proceed under section 
        260C.163. 
           Sec. 2.  Minnesota Statutes 2004, section 260C.193, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONSIDERATION OF REPORTS.] Before making a 
        disposition in a case, terminating parental rights, or 
        appointing a guardian for a child, the court may consider any 
        report or recommendation made by the responsible social services 
        agency, probation officer, licensed child-placing agency, foster 
        parent, guardian ad litem, tribal representative, the child's 
        health or mental health care provider, or other authorized 
        advocate for the child or child's family, a school district 
        concerning the effect on student transportation of placing a 
        child in a school district in which the child is not a resident, 
        or any other information deemed material by the court. 
           Sec. 3.  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; 
           (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 a 
        child whose custody has been transferred under this paragraph, 
        the agencies 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) 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 or emotional disturbance as defined in section 
        245.4871, subdivision 15, 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) 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. 4.  Minnesota Statutes 2004, section 260C.201, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WRITTEN FINDINGS.] (a) Any order for a 
        disposition authorized under this section shall contain written 
        findings of fact to support the disposition and case plan 
        ordered and shall also set forth in writing the following 
        information: 
           (1) Why the best interests and safety of the child are 
        served by the disposition and case plan ordered; 
           (2) What alternative dispositions or services under the 
        case plan were considered by the court and why such dispositions 
        or services were not appropriate in the instant case; 
           (3) When legal custody of the child is transferred, the 
        appropriateness of the particular placement made or to be made 
        by the placing agency using the factors in section 260C.212, 
        subdivision 2, paragraph (b); and 
           (4) Whether reasonable efforts consistent with section 
        260.012 were made to prevent or eliminate the necessity of the 
        child's removal and to reunify the family after removal.  The 
        court's findings must include a brief description of what 
        preventive and reunification efforts were made and why further 
        efforts could not have prevented or eliminated the necessity of 
        removal or that reasonable efforts were not required under 
        section 260.012 or 260C.178, subdivision 1; and 
           (5) 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 mental disability or 
        emotional disturbance as defined in section 245.4871, 
        subdivision 15, the written findings shall also set forth: 
           (i) whether the child has mental health needs that must be 
        addressed by the case plan; 
           (ii) what consideration was given to the diagnostic and 
        functional assessments performed by the child's mental health 
        professional and to health and mental health care professionals' 
        treatment recommendations; 
           (iii) what consideration was given to the requests or 
        preferences of the child's parent or guardian with regard to the 
        child's interventions, services, or treatment; and 
           (iv) what consideration was given to the cultural 
        appropriateness of the child's treatment or services. 
           (b) If the court finds that the social services agency's 
        preventive or reunification efforts have not been reasonable but 
        that further preventive or reunification efforts could not 
        permit the child to safely remain at home, the court may 
        nevertheless authorize or continue the removal of the child. 
           (c) If the child has been identified by the responsible 
        social services agency as the subject of concurrent permanency 
        planning, the court shall review the reasonable efforts of the 
        agency to recruit, identify, and make a placement in a home 
        where the foster parent or relative that has committed to being 
        the legally permanent home for the child in the event 
        reunification efforts are not successful. 
           Sec. 5.  Minnesota Statutes 2004, section 260C.205, is 
        amended to read: 
           260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
           Unless the court disposes of the petition under section 
        260C.141, subdivision 2, upon a petition for review of the 
        foster care status of a child, the court may:  
           (a) Find that the child's needs are not being met, in which 
        case the court shall order the social services agency or the 
        parents to take whatever action is necessary and feasible to 
        meet the child's needs, including, when appropriate, the 
        provision by the social services agency of services to the 
        parents which would enable the child to live at home, and order 
        a disposition under section 260C.201. 
           (b) Find that the child has been abandoned by parents 
        financially or emotionally, or that the developmentally disabled 
        child does not require out-of-home care because of the 
        handicapping condition, in which case the court shall order the 
        social services agency to file an appropriate petition pursuant 
        to section 260C.141, subdivision 1, or 260C.307. 
           (c) When a child is in placement due solely to the child's 
        developmental disability or emotional disturbance and the court 
        finds that there are compelling reasons which permit the court 
        to approve the continued voluntary placement of the child and 
        retain jurisdiction to conduct reviews as required under section 
        260C.141, subdivision 2, the court shall give the parent notice 
        by registered United States mail of the review requirements of 
        section 260C.141, subdivision 2, in the event the child 
        continues in placement 12 months or longer. 
           Nothing in this section shall be construed to prohibit 
        bringing a petition pursuant to section 260C.141, subdivision 1 
        or 4, sooner than required by court order pursuant to this 
        section.  
           Sec. 6.  Minnesota Statutes 2004, section 260C.212, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OUT-OF-HOME PLACEMENT; PLAN.] (a) An 
        out-of-home placement plan shall be prepared within 30 days 
        after any child is placed in a residential facility by court 
        order or by the voluntary release of the child by the parent or 
        parents.  
           For purposes of this section, a residential facility means 
        any group home, family foster home or other publicly supported 
        out-of-home residential facility, including any out-of-home 
        residential facility under contract with the state, county or 
        other political subdivision, or any agency thereof, to provide 
        those services or foster care as defined in section 260C.007, 
        subdivision 18. 
           (b) An out-of-home placement plan means a written document 
        which is prepared by the responsible social services agency 
        jointly with the parent or parents or guardian of the child and 
        in consultation with the child's guardian ad litem, the child's 
        tribe, if the child is an Indian child, the child's foster 
        parent or representative of the residential facility, and, where 
        appropriate, the child.  For a child in placement due solely or 
        in part to the child's emotional disturbance, preparation of the 
        out-of-home placement plan shall additionally include the 
        child's mental health treatment provider.  As appropriate, the 
        plan shall be: 
           (1) submitted to the court for approval under section 
        260C.178, subdivision 7; 
           (2) ordered by the court, either as presented or modified 
        after hearing, under section 260C.178, subdivision 7, or 
        260C.201, subdivision 6; and 
           (3) signed by the parent or parents or guardian of the 
        child, the child's guardian ad litem, a representative of the 
        child's tribe, the responsible social services agency, and, if 
        possible, the child.  
           (c) The out-of-home placement plan shall be explained to 
        all persons involved in its implementation, including the child 
        who has signed the plan, and shall set forth: 
           (1) a description of the residential facility including how 
        the out-of-home placement plan is designed to achieve a safe 
        placement for the child in the least restrictive, most 
        family-like, setting available which is in close proximity to 
        the home of the parent or parents or guardian of the child when 
        the case plan goal is reunification, and how the placement is 
        consistent with the best interests and special needs of the 
        child according to the factors under subdivision 2, paragraph 
        (b); 
           (2) the specific reasons for the placement of the child in 
        a residential facility, and when reunification is the plan, a 
        description of the problems or conditions in the home of the 
        parent or parents which necessitated removal of the child from 
        home and the changes the parent or parents must make in order 
        for the child to safely return home; 
           (3) a description of the services offered and provided to 
        prevent removal of the child from the home and to reunify the 
        family including: 
           (i) the specific actions to be taken by the parent or 
        parents of the child to eliminate or correct the problems or 
        conditions identified in clause (2), and the time period during 
        which the actions are to be taken; and 
           (ii) the reasonable efforts, or in the case of an Indian 
        child, active efforts to be made to achieve a safe and stable 
        home for the child including social and other supportive 
        services to be provided or offered to the parent or parents or 
        guardian of the child, the child, and the residential facility 
        during the period the child is in the residential facility; 
           (4) a description of any services or resources that were 
        requested by the child or the child's parent, guardian, foster 
        parent, or custodian since the date of the child's placement in 
        the residential facility, and whether those services or 
        resources were provided and if not, the basis for the denial of 
        the services or resources; 
           (5) the visitation plan for the parent or parents or 
        guardian, other relatives as defined in section 260C.007, 
        subdivision 27, and siblings of the child if the siblings are 
        not placed together in the residential facility, and whether 
        visitation is consistent with the best interest of the child, 
        during the period the child is in the residential facility; 
           (6) documentation of steps to finalize the adoption or 
        legal guardianship of the child if the court has issued an order 
        terminating the rights of both parents of the child or of the 
        only known, living parent of the child, and a copy of this 
        documentation shall be provided to the court in the review 
        required under section 260C.317, subdivision 3, paragraph (b); 
           (7) to the extent available and accessible, the health and 
        educational records of the child including: 
           (i) the names and addresses of the child's health and 
        educational providers; 
           (ii) the child's grade level performance; 
           (iii) the child's school record; 
           (iv) assurances that the child's placement in foster care 
        takes into account proximity to the school in which the child is 
        enrolled at the time of placement; 
           (v) a record of the child's immunizations; 
           (vi) the child's known medical problems, including any 
        known communicable diseases, as defined in section 144.4172, 
        subdivision 2; 
           (vii) the child's medications; and 
           (viii) any other relevant health and education information; 
        and 
           (8) an independent living plan for a child age 16 or older 
        who is in placement as a result of a permanency disposition.  
        The plan should include, but not be limited to, the following 
        objectives: 
           (i) educational, vocational, or employment planning; 
           (ii) health care planning and medical coverage; 
           (iii) transportation including, where appropriate, 
        assisting the child in obtaining a driver's license; 
           (iv) money management; 
           (v) planning for housing; 
           (vi) social and recreational skills; and 
           (vii) establishing and maintaining connections with the 
        child's family and community; and 
           (9) for a child in placement due solely or in part to the 
        child's emotional disturbance, diagnostic and assessment 
        information, specific services relating to meeting the mental 
        health care needs of the child, and treatment outcomes. 
           (d) The parent or parents or guardian and the child each 
        shall have the right to legal counsel in the preparation of the 
        case plan and shall be informed of the right at the time of 
        placement of the child.  The child shall also have the right to 
        a guardian ad litem.  If unable to employ counsel from their own 
        resources, the court shall appoint counsel upon the request of 
        the parent or parents or the child or the child's legal 
        guardian.  The parent or parents may also receive assistance 
        from any person or social services agency in preparation of the 
        case plan. 
           After the plan has been agreed upon by the parties involved 
        or approved or ordered by the court, the foster parents shall be 
        fully informed of the provisions of the case plan and shall be 
        provided a copy of the plan. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 shall be effective the day following final 
        enactment. 

                                   ARTICLE 3 
                                CIVIL COMMITMENT 
           Section 1.  Minnesota Statutes 2004, section 253B.02, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EXAMINER.] "Examiner" means a person who is 
        knowledgeable, trained, and practicing in the diagnosis and 
        assessment or in the treatment of the alleged impairment, and 
        who is: 
           (1) a licensed physician; or 
           (2) a licensed psychologist who has a doctoral degree in 
        psychology or who became a licensed consulting psychologist 
        before July 2, 1975; or 
           (3) an advanced practice registered nurse certified in 
        mental health, except that only a physician or psychologist 
        meeting these requirements may be appointed by the court as 
        described by sections 253B.07, subdivision 3; 253B.092, 
        subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, 
        subdivision 2; and 253B.19, subdivisions 1 and 2, and only a 
        physician or psychologist may conduct an assessment as described 
        by Minnesota Rules of Criminal Procedure, Rule 20. 
           Sec. 2.  Minnesota Statutes 2004, section 253B.02, 
        subdivision 9, is amended to read: 
           Subd. 9.  [HEALTH OFFICER.] "Health officer" means a 
        licensed physician, licensed psychologist, licensed social 
        worker, registered nurse working in an emergency room of a 
        hospital, or psychiatric or public health nurse as defined in 
        section 145A.02, subdivision 18, or an advanced practice 
        registered nurse (APRN) as defined in section 148.171, 
        subdivision 3, and formally designated members of a prepetition 
        screening unit established by section 253B.07. 
           Sec. 3.  Minnesota Statutes 2004, section 253B.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PEACE OR HEALTH OFFICER AUTHORITY.] (a) A peace 
        or health officer may take a person into custody and transport 
        the person to a licensed physician or treatment facility if the 
        officer has reason to believe, either through direct observation 
        of the person's behavior, or upon reliable information of the 
        person's recent behavior and knowledge of the person's past 
        behavior or psychiatric treatment, that the person is mentally 
        ill or mentally retarded and in danger of injuring self or 
        others if not immediately detained.  A peace or health officer 
        or a person working under such officer's supervision, may take a 
        person who is believed to be chemically dependent or is 
        intoxicated in public into custody and transport the person to a 
        treatment facility.  If the person is intoxicated in public or 
        is believed to be chemically dependent and is not in danger of 
        causing self-harm or harm to any person or property, the peace 
        or health officer may transport the person home.  The peace or 
        health officer shall make written application for admission of 
        the person to the treatment facility.  The application shall 
        contain the peace or health officer's statement specifying the 
        reasons for and circumstances under which the person was taken 
        into custody.  If danger to specific individuals is a basis for 
        the emergency hold, the statement must include identifying 
        information on those individuals, to the extent practicable.  A 
        copy of the statement shall be made available to the person 
        taken into custody.  
           (b) As far as is practicable, a peace officer who provides 
        transportation for a person placed in a facility under this 
        subdivision may not be in uniform and may not use a vehicle 
        visibly marked as a law enforcement vehicle.  
           (c) A person may be admitted to a treatment facility for 
        emergency care and treatment under this subdivision with the 
        consent of the head of the facility under the following 
        circumstances:  (1) a written statement is made by shall only be 
        made by the following individuals who are knowledgeable, 
        trained, and practicing in the diagnosis and treatment of mental 
        illness or mental retardation; the medical officer, or the 
        officer's designee on duty at the facility, if the designee is 
        including a licensed physician, a registered physician 
        assistant, or an advanced practice registered nurse who is 
        knowledgeable, trained, and practicing in the diagnosis and 
        treatment of mental illness or mental retardation, that after 
        preliminary examination has determined that the person has 
        symptoms of mental illness or mental retardation and appears to 
        be in danger of harming self or others if not immediately 
        detained; or (2) a written statement is made by the institution 
        program director or the director's designee on duty at the 
        facility after preliminary examination that the person has 
        symptoms of chemical dependency and appears to be in danger of 
        harming self or others if not immediately detained or is 
        intoxicated in public. 
           Sec. 4.  [SUPREME COURT TASK FORCE; STUDY REQUIRED.] 
           Subdivision 1.  [ESTABLISHMENT.] The Minnesota Supreme 
        Court is requested to establish a task force to study the use of 
        the court system as an alternative to the administrative process 
        of the Special Review Board for reductions in custody and 
        discharge from commitment of those persons committed as a 
        sexually dangerous person or sexual psychopathic personality 
        under Minnesota Statutes, section 253B.185. 
           Subd. 2.  [MEMBERSHIP.] The task force shall consist of the 
        following: 
           (1) a representative from the Minnesota Supreme Court; 
           (2) a court administrator; 
           (3) a district court judge; 
           (4) a county attorney selected by the County Attorney's 
        Association; 
           (5) a representative from the Attorney General's Office; 
           (6) the ombudsman for mental health and mental retardation; 
           (7) a law enforcement representative; 
           (8) a county case manager; 
           (9) a victim services representative; 
           (10) a person experienced in treating sex offenders; 
           (11) a defense attorney; 
           (12) the commissioner of human services or the 
        commissioner's designee; 
           (13) the state-operated services forensic medical director 
        or the medical director's designee; 
           (14) the commissioner of corrections or the commissioner's 
        designee; 
           (15) a representative from community corrections; 
           (16) a member of the Special Review Board; and 
           (17) any other persons deemed necessary by the Minnesota 
        Supreme Court. 
           Subd. 3.  [RECOMMENDATIONS.] The task force shall convene 
        no later than August 1, 2005.  The task force shall examine 
        current law and practices relating to the reduction in custody 
        and discharge of persons committed as a sexually dangerous 
        person or sexual psychopathic personality.  The task force shall 
        examine the laws of other jurisdictions and shall make 
        recommendations regarding reduction in custody and discharge 
        procedures and release criteria.  The recommendations may 
        suggest the establishment of a judicial process rather than the 
        Special Review Board to authorize a reduction in custody or 
        discharge. 
           Subd. 4.  [REPORT.] The task force shall report to the 
        chairs of the house Public Safety Policy and Finance Committee 
        and the senate Crime Prevention and Public Safety Committee with 
        recommendations by February 1, 2006. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 3, 2005, 8:00 a.m.