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2005 Minnesota Session Laws

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                            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.

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