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

CHAPTER 163--S.F.No. 1503
An act
relating to human services; changing child welfare provisions; making
technical and policy changes; clarifying data practices; authorizing children's
mental health screening by tribes; changing certain adoption provisions;
modifying adoption assistance eligibility, agreements, and benefits; changing
foster care provisions; requiring diligent efforts to identify parents of a child;
changing notice requirements for termination of parental rights or permanency
proceedings; authorizing alternative dispute resolution; changing parental
visitation; requiring additional information in a child's out-of-home placement
plan;amending Minnesota Statutes 2008, sections 13.46, subdivision 2; 256.01,
subdivision 14b; 259.52, subdivisions 2, 6; 259.67, subdivisions 1, 2, 3, 4, 5, 7,
by adding subdivisions; 260.012; 260.93; 260B.007, subdivision 7; 260B.157,
subdivision 3; 260B.198, subdivision 1; 260C.007, subdivisions 18, 25;
260C.151, subdivisions 1, 2, 3, by adding a subdivision; 260C.163, by adding
a subdivision; 260C.175, subdivision 1; 260C.176, subdivision 1; 260C.178,
subdivisions 1, 3; 260C.201, subdivisions 1, 3, 5, 11; 260C.209, subdivision
3; 260C.212, subdivisions 1, 2, 4, 4a, 5, 7; 260D.02, subdivision 5; 260D.03,
subdivision 1; 260D.07; 484.76, subdivision 2; Laws 2008, chapter 361, article
6, section 58; proposing coding for new law in Minnesota Statutes, chapter
260C; repealing Minnesota Statutes 2008, section 260C.209, subdivision 4;
Minnesota Rules, parts 9560.0081; 9560.0083, subparts 1, 5, 6; 9560.0091,
subpart 4, item C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1
CHILD WELFARE TECHNICAL

    Section 1. Minnesota Statutes 2008, section 260.93, is amended to read:
260.93 INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN.
ARTICLE I. PURPOSE
    The purpose of this Interstate Compact for the Placement of Children is to:
    A. Provide a process through which children subject to this compact are placed in
safe and suitable homes in a timely manner.
    B. Facilitate ongoing supervision of a placement, the delivery of services, and
communication between the states.
    C. Provide operating procedures that will ensure that children are placed in safe and
suitable homes in a timely manner.
    D. Provide for the promulgation and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered activities of
the member states.
    E. Provide for uniform data collection and information sharing between member
states under this compact.
    F. Promote coordination between this compact, the Interstate Compact for Juveniles,
the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting
the placement of and which provide services to children otherwise subject to this compact.
    G. Provide for a state's continuing legal jurisdiction and responsibility for placement
and care of a child that it would have had if the placement were intrastate.
    H. Provide for the promulgation of guidelines, in collaboration with Indian tribes,
for interstate cases involving Indian children as is or may be permitted by federal law.
ARTICLE II. DEFINITIONS
    As used in this compact,
    A. "Approved placement" means the public child-placing agency in the receiving
state has determined that the placement is both safe and suitable for the child.
    B. "Assessment" means an evaluation of a prospective placement by a public
child-placing agency to determine whether the placement meets the individualized needs
of the child, including but not limited to the child's safety and stability, health and
well-being, and mental, emotional, and physical development. An assessment is only
applicable to a placement by a public child-placing agency.
    C. "Child" means an individual who has not attained the age of eighteen (18).
    D. "Certification" means to attest, declare, or be sworn to attesting, declaring, or
swearing before a judge or notary public.
    E. "Default" means the failure of a member state to perform the obligations or
responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate
Commission.
    F. "Home study" means an evaluation of a home environment conducted according
to the applicable requirements of the state in which the home is located, and documents
the preparation and the suitability of the placement resource for placement of a child
according to the laws and requirements of the state in which the home is located.
    G. "Indian tribe" means any Indian tribe, band, nation, or other organized group
or community of Indians recognized as eligible for services provided to Indians by the
Secretary of the Interior because of their status as Indians, including any Alaskan native
village as defined in section 3(c) of the Alaska Native Claims Settlement Act at United
States Code, title 43, chapter 33, section 1602(c).
    H. "Interstate Commission for the Placement of Children" means the commission
that is created under Article VIII of this compact and which is generally referred to as the
Interstate Commission.
    I. "Jurisdiction" means the power and authority of a court to hear and decide matters.
    J. "Legal risk placement" ("Legal risk adoption") means a placement made
preliminary to an adoption where the prospective adoptive parents acknowledge in writing
that a child can be ordered returned to the sending state or the birth mother's state of
residence, if different from the sending state and a final decree of adoption shall not be
entered in any jurisdiction until all required consents are obtained or are dispensed with
according to applicable law.
    K. "Member state" means a state that has enacted this compact.
    L. "Noncustodial parent" means a person who, at the time of the commencement
of court proceedings in the sending state, does not have sole legal custody of the child
or has joint legal custody of a child, and who is not the subject of allegations or findings
of child abuse or neglect.
    M. "Nonmember state" means a state which has not enacted this compact.
    N. "Notice of residential placement" means information regarding a placement
into a residential facility provided to the receiving state including, but not limited to the
name, date and place of birth of the child, the identity and address of the parent or legal
guardian, evidence of authority to make the placement, and the name and address of
the facility in which the child will be placed. Notice of residential placement shall also
include information regarding a discharge and any unauthorized absence from the facility.
    O. "Placement" means the act by a public or private child-placing agency intended
to arrange for the care or custody of a child in another state.
    P. "Private child-placing agency" means any private corporation, agency, foundation,
institution, or charitable organization, or any private person or attorney that facilitates,
causes, or is involved in the placement of a child from one state to another and that is not
an instrumentality of the state or acting under color of state law.
    Q. "Provisional placement" means a determination made by the public child-placing
agency in the receiving state that the proposed placement is safe and suitable, and, to the
extent allowable, the receiving state has temporarily waived its standards or requirements
otherwise applicable to prospective foster or adoptive parents so as to not delay the
placement. Completion of an assessment and the receiving state requirements regarding
training for prospective foster or adoptive parents shall not delay an otherwise safe and
suitable placement.
    R. "Public child-placing agency" means any government child welfare agency or
child protection agency or a private entity under contract with such an agency, regardless
of whether they act on behalf of a state, county, municipality, or other governmental
unit and which facilitates, causes, or is involved in the placement of a child from one
state to another.
    S. "Receiving state" means the state to which a child is sent, brought, or caused to
be sent or brought.
    T. "Relative" means someone who is related to the child as a parent, stepparent,
sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a
non-relative nonrelative with such significant ties to the child that they may be regarded as
relatives as determined by the court in the sending state.
    U. "Residential facility" means a facility providing a level of care that is sufficient
to substitute for parental responsibility or foster care, and is beyond what is needed for
assessment or treatment of an acute condition. For purposes of the compact, residential
facilities do not include institutions primarily educational in character, hospitals, or other
medical facilities.
    V. "Rule" means a written directive, mandate, standard, or principle issued by the
Interstate Commission promulgated pursuant to Article XI of this compact that is of
general applicability and that implements, interprets, or prescribes a policy or provision of
the compact. Rule has the force and effect of an administrative rule in a member state, and
includes the amendment, repeal, or suspension of an existing rule.
    W. "Sending state" means the state from which the placement of a child is initiated.
    X. "Service member's permanent duty station" means the military installation where
an active duty Armed Services member is currently assigned and is physically located
under competent orders that do not specify the duty as temporary.
    Y. "Service member's state of legal residence" means the state in which the active
duty Armed Services member is considered a resident for tax and voting purposes.
    Z. "State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands, and any other territory of the United States.
    AA. "State court" means a judicial body of a state that is vested by law with
responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or
status offenses of individuals who have not attained the age of eighteen (18).
    BB. "Supervision" means monitoring provided by the receiving state once a child
has been placed in a receiving state pursuant to this compact.
ARTICLE III. APPLICABILITY
    A. Except as otherwise provided in Article III, Section B, this compact shall apply to:
    1. The interstate placement of a child subject to ongoing court jurisdiction in the
sending state, due to allegations or findings that the child has been abused, neglected, or
deprived as defined by the laws of the sending state, provided, however, that the placement
of such a child into a residential facility shall only require notice of residential placement
to the receiving state prior to placement.
    2. The interstate placement of a child adjudicated delinquent or unmanageable
based on the laws of the sending state and subject to ongoing court jurisdiction of the
sending state if:
    a. the child is being placed in a residential facility in another member state and
is not covered under another compact; or
    b. the child is being placed in another member state and the determination of safety
and suitability of the placement and services required is not provided through another
compact.
    3. The interstate placement of any child by a public child-placing agency or private
child-placing agency as defined in this compact as a preliminary step to a possible
adoption.
    B. The provisions of this compact shall not apply to:
    1. The interstate placement of a child in a custody proceeding in which a public
child-placing agency is not a party, provided the placement is not intended to effectuate an
adoption.
    2. The interstate placement of a child with a non-relative nonrelative in a receiving
state by a parent with the legal authority to make such a placement provided, however,
that the placement is not intended to effectuate an adoption.
    3. The interstate placement of a child by one relative with the lawful authority to
make such a placement directly with a relative in a receiving state.
    4. The placement of a child, not subject to Article III, Section A, into a residential
facility by the child's parent.
    5. The placement of a child with a noncustodial parent provided that:
    a. The noncustodial parent proves to the satisfaction of a court in the sending state a
substantial relationship with the child; and
    b. The court in the sending state makes a written finding that placement with the
noncustodial parent is in the best interests of the child; and
    c. The court in the sending state dismisses its jurisdiction over the child's case. in
interstate placements in which the public child-placing agency is a party to the proceedings.
    6. A child entering the United States from a foreign country for the purpose of
adoption or leaving the United States to go to a foreign country for the purpose of
adoption in that country.
    7. Cases in which a U.S. citizen child living overseas with the child's family, at
least one of whom is in the United States armed services, and who is stationed overseas,
is removed and placed in a state.
    8. The sending of a child by a public child-placing agency or a private child-placing
agency for a visit as defined by the rules of the Interstate Commission.
    C. For purposes of determining the applicability of this compact to the placement
of a child with a family in the armed services, the public child-placing agency or private
child-placing agency may choose the state of the service member's permanent duty station
or the service member's declared legal residence.
    D. Nothing in this compact shall be construed to prohibit the concurrent application
of the provisions of this compact with other applicable interstate compacts including the
Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical
Assistance. The Interstate Commission may in cooperation with other interstate compact
commissions having responsibility for the interstate movement, placement, or transfer of
children, promulgate like rules to ensure the coordination of services, timely placement
of children, and the reduction of unnecessary or duplicative administrative or procedural
requirements.
ARTICLE IV. JURISDICTION
    A. Except as provided in article IV, section G H and article V, section B, paragraphs 2
and 3, concerning private and independent adoptions and in interstate placements in which
the public child-placing agency is not a party to a custody proceeding, the sending state
shall retain jurisdiction over a child with respect to all matters of custody and disposition
of the child which it would have had if the child had remained in the sending state. Such
jurisdiction shall also include the power to order the return of the child to the sending state.
    B. When an issue of child protection or custody is brought before a court in the
receiving state, such court shall confer with the court of the sending state to determine the
most appropriate forum for adjudication.
C. In cases that are before courts and subject to this compact, the taking of
testimony for hearings before any judicial officer may occur in person or by telephone;
by audio-video conference; or by other means as approved by the rules of the Interstate
Commission. Judicial officers may communicate with other judicial officers and persons
involved in the interstate process as may be permitted by their Canons of Judicial Conduct
and any rules promulgated by the Interstate Commission.
    C. D. In accordance with its own laws, the court in the sending state shall have
authority to terminate its jurisdiction if:
    1. The child is reunified with the parent in the receiving state who is the subject
of allegations or findings of abuse or neglect, only with the concurrence of the public
child-placing agency in the receiving state; or
    2. The child is adopted;
    3. The child reaches the age of majority under the laws of the sending state; or
    4. The child achieves legal independence pursuant to the laws of the sending state; or
    5. A guardianship is created by a court in the receiving state with the concurrence of
the court in the sending state; or
    6. An Indian tribe has petitioned for and received jurisdiction from the court in
the sending state; or
    7. The public child-placing agency of the sending state requests termination and has
obtained the concurrence of the public child-placing agency in the receiving state.
    D. E. When a sending state court terminates its jurisdiction, the receiving state
child-placing agency shall be notified.
    E. F. Nothing in this article shall defeat a claim of jurisdiction by a receiving state
court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a
child as defined by the laws of the receiving state committed by the child in the receiving
state which would be a violation of its laws.
    F. G. Nothing in this article shall limit the receiving state's ability to take emergency
jurisdiction for the protection of the child.
    G. H. The substantive laws of the state in which an adoption will be finalized shall
solely govern all issues relating to the adoption of the child and the court in which the
adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive
issues relating to the adoption, except:
    1. when the child is a ward of another court that established jurisdiction over the
child prior to the placement;
    2. when the child is in the legal custody of a public agency in the sending state; or
    3. when the court in the sending state has otherwise appropriately assumed
jurisdiction over the child, prior to the submission of the request for approval of placement.
ARTICLE V. PLACEMENT EVALUATION
    A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving
state, the public child-placing agency shall provide a written request for assessment to
the receiving state.
    B. For placements by a private child-placing agency, a child may be sent or brought,
or caused to be sent or brought, into a receiving state, upon receipt and immediate review
of the required content in a request for approval of a placement in both the sending and
receiving state's public child-placing agency. The required content to accompany a request
for provisional approval shall include all of the following:
    1. A request for approval identifying the child, birth parents, the prospective adoptive
parents, and the supervising agency, signed by the person requesting approval; and
    2. The appropriate consents or relinquishments signed by the birthparents in
accordance with the laws of the sending state or, where permitted, the laws of the state
where the adoption will be finalized; and
    3. Certification by a licensed attorney or other authorized agent of a private adoption
agency that the consent or relinquishment is in compliance with the applicable laws of the
sending state, or where permitted the laws of the state where finalization of the adoption
will occur; and
    4. A home study; and
    5. An acknowledgment of legal risk signed by the prospective adoptive parents.
    C. The sending state and the receiving state may request additional information or
documents prior to finalization of an approved placement, but they may not delay travel
by the prospective adoptive parents with the child if the required content for approval
has been submitted, received, and reviewed by the public child-placing agency in both
the sending state and the receiving state.
    D. Approval from the public child-placing agency in the receiving state for a
provisional or approved placement is required as provided for in the rules of the Interstate
Commission.
    E. The procedures for making, and the request for an assessment, shall contain all
information and be in such form as provided for in the rules of the Interstate Commission.
    F. Upon receipt of a request from the public child-placing agency of the sending
state, the receiving state shall initiate an assessment of the proposed placement to
determine its safety and suitability. If the proposed placement is a placement with a
relative, the public child-placing agency of the sending state may request a determination
for a provisional placement.
    G. The public child-placing agency in the receiving state may request from the
public child-placing agency or the private child-placing agency in the sending state, and
shall be entitled to receive supporting or additional information necessary to complete
the assessment.
ARTICLE VI. PLACEMENT AUTHORITY
    A. Except as otherwise provided in this compact, no child subject to this compact
shall be placed into a receiving state until approval for such placement is obtained.
    B. If the public child-placing agency in the receiving state does not approve
the proposed placement then the child shall not be placed. The receiving state shall
provide written documentation of any such determination in accordance with the rules
promulgated by the Interstate Commission. Such determination is not subject to judicial
review in the sending state.
    C. If the proposed placement is not approved, any interested party shall have
standing to seek an administrative review of the receiving state's determination.
    1. The administrative review and any further judicial review associated with
the determination shall be conducted in the receiving state pursuant to its applicable
Administrative procedures Procedure Act.
    2. If a determination not to approve the placement of the child in the receiving state
is overturned upon review, the placement shall be deemed approved, provided however
that all administrative or judicial remedies have been exhausted or the time for such
remedies has passed.
ARTICLE VII. PLACING AGENCY RESPONSIBILITY
    A. For the interstate placement of a child made by a public child-placing agency
or state court:
    1. The public child-placing agency in the sending state shall have financial
responsibility for:
    a. the ongoing support and maintenance for the child during the period of the
placement, unless otherwise provided for in the receiving state; and
    b. as determined by the public child-placing agency in the sending state, services for
the child beyond the public services for which the child is eligible in the receiving state.
    2. The receiving state shall only have financial responsibility for:
    a. any assessment conducted by the receiving state; and
    b. supervision conducted by the receiving state at the level necessary to support
the placement as agreed upon by the public child-placing agencies of the receiving and
sending state.
    3. Nothing in this provision shall prohibit public child-placing agencies in the
sending state from entering into agreements with licensed agencies or persons in the
receiving state to conduct assessments and provide supervision.
    B. For the placement of a child by a private child-placing agency preliminary to a
possible adoption, the private child-placing agency shall be:
    1. Legally responsible for the child during the period of placement as provided for in
the law of the sending state until the finalization of the adoption.
    2. Financially responsible for the child absent a contractual agreement to the
contrary.
    C. The public child-placing agency in the receiving state shall provide timely
assessments, as provided for in the rules of the Interstate Commission.
    D. The public child-placing agency in the receiving state shall provide, or arrange
for the provision of, supervision and services for the child, including timely reports,
during the period of the placement.
    E. Nothing in this compact shall be construed as to limit the authority of the public
child-placing agency in the receiving state from contracting with a licensed agency or
person in the receiving state for an assessment or the provision of supervision or services
for the child or otherwise authorizing the provision of supervision or services by a licensed
agency during the period of placement.
    F. Each member state shall provide for coordination among its branches of
government concerning the state's participation in, and compliance with, the compact and
Interstate Commission activities, through the creation of an advisory council or use of an
existing body or board.
    G. Each member state shall establish a central state compact office, which shall
be responsible for state compliance with the compact and the rules of the Interstate
Commission.
    H. The public child-placing agency in the sending state shall oversee compliance
with the provisions of the Indian Child Welfare Act (United States Code, title 25, chapter
21, section 1901 et seq.) for placements subject to the provisions of this compact, prior
to placement.
    I. With the consent of the Interstate Commission, states may enter into limited
agreements that facilitate the timely assessment and provision of services and supervision
of placements under this compact.
ARTICLE VIII. INTERSTATE COMMISSION FOR THE
PLACEMENT OF CHILDREN
    The member states hereby establish, by way of this compact, a commission known
as the "Interstate Commission for the Placement of Children." The activities of the
Interstate Commission are the formation of public policy and are a discretionary state
function. The Interstate Commission shall:
    A. Be a joint commission of the member states and shall have the responsibilities,
powers and duties set forth herein, and such additional powers as may be conferred upon it
by subsequent concurrent action of the respective legislatures of the member states.
    B. Consist of one commissioner from each member state who shall be appointed by
the executive head of the state human services administration with ultimate responsibility
for the child welfare program. The appointed commissioner shall have the legal authority
to vote on policy-related matters governed by this compact binding the state.
    1. Each member state represented at a meeting of the Interstate Commission is
entitled to one vote.
    2. A majority of the member states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the Interstate Commission.
    3. A representative shall not delegate a vote to another member state.
    4. A representative may delegate voting authority to another person from their state
for a specified meeting.
    C. In addition to the commissioners of each member state, the Interstate Commission
shall include persons who are members of interested organizations as defined in the bylaws
or rules of the Interstate Commission. Such members shall be ex officio and shall not be
entitled to vote on any matter before the Interstate Commission.
    D. Establish an executive committee which shall have the authority to administer
the day-to-day operations and administration of the Interstate Commission. It shall not
have the power to engage in rulemaking.
ARTICLE IX. POWERS AND DUTIES OF
THE INTERSTATE COMMISSION
    The Interstate Commission shall have the following powers:
    A. To promulgate rules and take all necessary actions to effect the goals, purposes
and obligations as enumerated in this compact.
    B. To provide for dispute resolution among member states.
    C. To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules or actions.
    D. To enforce compliance with this compact or the bylaws or rules of the Interstate
Commission pursuant to Article XII.
    E. Collect standardized data concerning the interstate placement of children subject
to this compact as directed through its rules which shall specify the data to be collected,
the means of collection and data exchange and reporting requirements.
    F. To establish and maintain offices as may be necessary for the transacting of its
business.
    G. To purchase and maintain insurance and bonds.
    H. To hire or contract for services of personnel or consultants as necessary to
carry out its functions under the compact and establish personnel qualification policies,
and rates of compensation.
    I. To establish and appoint committees and officers including, but not limited to, an
executive committee as required by Article X.
    J. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose thereof.
    K. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property, real, personal, or mixed.
    L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.
    M. To establish a budget and make expenditures.
    N. To adopt a seal and bylaws governing the management and operation of the
Interstate Commission.
    O. To report annually to the legislatures, governors, the judiciary, and state advisory
councils of the member states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any recommendations that may
have been adopted by the Interstate Commission.
    P. To coordinate and provide education, training, and public awareness regarding the
interstate movement of children for officials involved in such activity.
    Q. To maintain books and records in accordance with the bylaws of the Interstate
Commission.
    R. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
ARTICLE X. ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
    A. Bylaws
    1. Within 12 months after the first Interstate Commission meeting, the Interstate
Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate
to carry out the purposes of the compact.
    2. The Interstate Commission's bylaws and rules shall establish conditions and
procedures under which the Interstate Commission shall make its information and official
records available to the public for inspection or copying. The Interstate Commission may
exempt from disclosure information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests.
    B. Meetings
    1. The Interstate Commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a simple majority of the
member states shall call additional meetings.
    2. Public notice shall be given by the Interstate Commission of all meetings and
all meetings shall be open to the public, except as set forth in the rules or as otherwise
provided in the compact. The Interstate Commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that an open meeting
would be likely to:
    a. relate solely to the Interstate Commission's internal personnel practices and
procedures; or
    b. disclose matters specifically exempted from disclosure by federal law; or
    c. disclose financial or commercial information which is privileged, proprietary or
confidential in nature; or
    d. involve accusing a person of a crime, or formally censuring a person; or
    e. disclose information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy or physically endanger one or more
persons; or
    f. disclose investigative records compiled for law enforcement purposes; or
    g. specifically relate to the Interstate Commission's participation in a civil action
or other legal proceeding.
    3. For a meeting, or portion of a meeting, closed pursuant to this provision, the
Interstate Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exemption provision. The Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed and the record of a roll call vote. All
documents considered in connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission or by court order.
    4. The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or other electronic communication.
    C. Officers and Staff
    1. The Interstate Commission may, through its executive committee, appoint or
retain a staff director for such period, upon such terms and conditions and for such
compensation as the Interstate Commission may deem appropriate. The staff director shall
serve as secretary to the Interstate Commission, but shall not have a vote. The staff director
may hire and supervise such other staff as may be authorized by the Interstate Commission.
    2. The Interstate Commission shall elect, from among its members, a chairperson
and a vice chairperson of the executive committee and other necessary officers, each of
whom shall have such authority and duties as may be specified in the bylaws.
    D. Qualified Immunity, Defense and Indemnification
    1. The Interstate Commission's staff director and its employees shall be immune
from suit and liability, either personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil liability caused or arising out of or
relating to an actual or alleged act, error, or omission that occurred, or that such person had
a reasonable basis for believing occurred within the scope of commission employment,
duties, or responsibilities; provided, that such person shall not be protected from suit or
liability for damage, loss, injury, or liability caused by a criminal act or the intentional or
willful and wanton misconduct of such person.
    a. The liability of the Interstate Commission's staff director and employees
or Interstate Commission representatives, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring within such person's state
may not exceed the limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is considered to
be an instrumentality of the states for the purposes of any such action. Nothing in this
subsection shall be construed to protect such person from suit or liability for damage,
loss, injury, or liability caused by a criminal act or the intentional or willful and wanton
misconduct of such person.
    b. The Interstate Commission shall defend the staff director and its employees and,
subject to the approval of the Attorney General or other appropriate legal counsel of the
member state shall defend the commissioner of a member state in a civil action seeking to
impose liability arising out of an actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties or responsibilities, or that
the defendant had a reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton misconduct on
the part of such person.
    c. To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall be
held harmless in the amount of a settlement or judgment, including attorney's fees and
costs, obtained against such persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
ARTICLE XI. RULEMAKING FUNCTIONS OF
THE INTERSTATE COMMISSION
    A. The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
    B. Rulemaking shall occur pursuant to the criteria set forth in this article and the
bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform
to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as
the Interstate Commission deems appropriate consistent with due process requirements
under the United States Constitution as now or hereafter interpreted by the United States
Supreme Court. All rules and amendments shall become binding as of the date specified,
as published with the final version of the rule as approved by the Interstate Commission.
    C. When promulgating a rule, the Interstate Commission shall, at a minimum:
    1. Publish the proposed rule's entire text stating the reason(s) for that proposed
rule; and
    2. Allow and invite any and all persons to submit written data, facts, opinions,
and arguments, which information shall be added to the record, and be made publicly
available; and
    3. Promulgate a final rule and its effective date, if appropriate, based on input from
state or local officials, or interested parties.
    D. Rules promulgated by the Interstate Commission shall have the force and effect
of administrative rules and shall be binding in the compacting states to the extent and in
the manner provided for in this compact.
    E. Not later than 60 days after a rule is promulgated, an interested person may
file a petition in the United States District Court for the District of Columbia or in the
Federal District Court where the Interstate Commission's principal office is located for
judicial review of such rule. If the court finds that the Interstate Commission's action is
not supported by substantial evidence in the rulemaking record, the court shall hold the
rule unlawful and set it aside.
    F. If a majority of the legislatures of the member states rejects a rule, those states
may by enactment of a statute or resolution in the same manner used to adopt the compact
cause that such rule shall have no further force and effect in any member state.
    G. The existing rules governing the operation of the Interstate Compact on the
Placement of Children superseded by this act shall be null and void no less than 12, but
no more than 24 months after the first meeting of the Interstate Commission created
hereunder, as determined by the members during the first meeting.
    H. Within the first 12 months of operation, the Interstate Commission shall
promulgate rules addressing the following:
    1. Transition rules
    2. Forms and procedures
    3. Timelines
    4. Data collection and reporting
    5. Rulemaking
    6. Visitation
    7. Progress reports/supervision
    8. Sharing of information/confidentiality
    9. Financing of the Interstate Commission
    10. Mediation, arbitration, and dispute resolution
    11. Education, training, and technical assistance
    12. Enforcement
    13. Coordination with other interstate compacts
    I. Upon determination by a majority of the members of the Interstate Commission
that an emergency exists:
    1. The Interstate Commission may promulgate an emergency rule only if it is
required to:
    a. Protect the children covered by this compact from an imminent threat to their
health, safety, and well-being; or
    b. Prevent loss of federal or state funds; or
    c. Meet a deadline for the promulgation of an administrative rule required by
federal law.
    2. An emergency rule shall become effective immediately upon adoption, provided
that the usual rulemaking procedures provided hereunder shall be retroactively applied
to said rule as soon as reasonably possible, but no later than 90 days after the effective
date of the emergency rule.
    3. An emergency rule shall be promulgated as provided for in the rules of the
Interstate Commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,
ENFORCEMENT
    A. Oversight
    1. The Interstate Commission shall oversee the administration and operation of the
compact.
    2. The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and the rules of the Interstate Commission and
shall take all actions necessary and appropriate to effectuate the compact's purposes and
intent. The compact and its rules shall be binding in the compacting states to the extent
and in the manner provided for in this compact.
    3. All courts shall take judicial notice of the compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of this
compact.
    4. The Interstate Commission shall be entitled to receive service of process in any
action in which the validity of a compact provision or rule is the issue for which a judicial
determination has been sought and shall have standing to intervene in any proceedings.
Failure to provide service of process to the Interstate Commission shall render any
judgment, order or other determination, however so captioned or classified, void as to the
Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission.
    B. Dispute Resolution
    1. The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among member
states and between member and nonmember states.
    2. The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes among compacting states. The costs of such
mediation or dispute resolution shall be the responsibility of the parties to the dispute.
    C. Enforcement
    1. If the Interstate Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact, its bylaws or rules,
the Interstate Commission may:
    a. Provide remedial training and specific technical assistance; or
    b. Provide written notice to the defaulting state and other member states, of the
nature of the default and the means of curing the default. The Interstate Commission shall
specify the conditions by which the defaulting state must cure its default; or
    c. By majority vote of the members, initiate against a defaulting member state legal
action in the United States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate Commission has
its principal office, to enforce compliance with the provisions of the compact, its bylaws,
or rules. The relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary the prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees; or
    d. Avail itself of any other remedies available under state law or the regulation of
official or professional conduct.
ARTICLE XIII. FINANCING OF THE COMMISSION
    A. The Interstate Commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
    B. The Interstate Commission may levy on and collect an annual assessment from
each member state to cover the cost of the operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved by its members each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by the
Interstate Commission which shall promulgate a rule binding upon all member states.
    C. The Interstate Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the member states, except by and with the authority of the member state.
    D. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be
subject to the audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the report of the audit shall
be included in and become part of the annual report of the Interstate Commission.
ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE
AND AMENDMENT
    A. Any state is eligible to become a member state.
    B. The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than 35 states. The effective date shall be the later of July
1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall
become effective and binding as to any other member state upon enactment of the compact
into law by that state. The executive heads of the state human services administration
with ultimate responsibility for the child welfare program of nonmember states or their
designees shall be invited to participate in the activities of the Interstate Commission on a
non-voting nonvoting basis prior to adoption of the compact by all states.
    C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and binding
on the member states unless and until it is enacted into law by unanimous consent of
the member states.
ARTICLE XV. WITHDRAWAL AND DISSOLUTION
    A. Withdrawal
    1. Once effective, the compact shall continue in force and remain binding upon each
and every member state; provided that a member state may withdraw from the compact
specifically repealing the statute which enacted the compact into law.
    2. Withdrawal from this compact shall be by the enactment of a statute repealing
the same. The effective date of withdrawal shall be the effective date of the repeal of
the statute.
    3. The withdrawing state shall immediately notify the president of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall then notify the other member states of
the withdrawing state's intent to withdraw.
    4. The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal.
    5. Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
members of the Interstate Commission.
    B. Dissolution of Compact
    1. This compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.
    2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
    A. The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
    B. The provisions of this compact shall be liberally construed to effectuate its
purposes.
    C. Nothing in this compact shall be construed to prohibit the concurrent applicability
of other interstate compacts to which the states are members.
ARTICLE XVII. BINDING EFFECT OF COMPACT
AND OTHER LAWS
    A. Other Laws
    1. Nothing herein prevents the enforcement of any other law of a member state
that is not inconsistent with this compact.
    B. Binding Effect of the Compact
    1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member states.
    2. All agreements between the Interstate Commission and the member states are
binding in accordance with their terms.
    3. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member state.
ARTICLE XVIII. INDIAN TRIBES
    Notwithstanding any other provision in this compact, the Interstate Commission
may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or
all of the purposes of the compact as specified in Article I. The Interstate Commission
shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to
reflect the diverse circumstances of the various Indian tribes.

    Sec. 2. Minnesota Statutes 2008, section 260C.201, subdivision 3, is amended to read:
    Subd. 3. Domestic child abuse. (a) If the court finds that the child is a victim of
domestic child abuse, as defined in section 260C.007, subdivision 28 13, it may order any
of the following dispositions of the case in addition to or as alternatives to the dispositions
authorized under subdivision 1:
(1) restrain any party from committing acts of domestic child abuse;
(2) exclude the abusing party from the dwelling which the family or household
members share or from the residence of the child;
(3) on the same basis as is provided in chapter 518, establish temporary visitation
with regard to minor children of the adult family or household members;
(4) on the same basis as is provided in chapter 518 or 518A, establish temporary
support or maintenance for a period of 30 days for minor children or a spouse;
(5) provide counseling or other social services for the family or household members;
or
(6) order the abusing party to participate in treatment or counseling services.
Any relief granted by the order for protection shall be for a fixed period not to
exceed one year.
(b) No order excluding the abusing party from the dwelling may be issued unless
the court finds that:
(1) the order is in the best interests of the child or children remaining in the dwelling;
(2) a remaining adult family or household member is able to care adequately for the
child or children in the absence of the excluded party; and
(3) the local welfare agency has developed a plan to provide appropriate social
services to the remaining family or household members.
(c) Upon a finding that the remaining parent is able to care adequately for the child
and enforce an order excluding the abusing party from the home and that the provision of
supportive services by the responsible social services agency is no longer necessary, the
responsible social services agency may be dismissed as a party to the proceedings. Orders
entered regarding the abusing party remain in full force and effect and may be renewed by
the remaining parent as necessary for the continued protection of the child for specified
periods of time, not to exceed one year.

    Sec. 3. Minnesota Statutes 2008, 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 to cases where
the child is in placement due solely to foster care for treatment of 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 chapter 260D. Foster care placements of children due solely
to their disability for treatment are governed by section 260C.141, subdivision 2a chapter
260D. 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 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 counts towards the
requirement of a permanency hearing under this subdivision and a permanency review
for a child under eight years of age under 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 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.
    (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 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) order the social services agency to file a petition for termination of parental
rights 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 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;
    (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 the responsible social services agency has made
reasonable efforts to locate and place the child with an adoptive family 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 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 having legal custody of the child pursuant to court order under this
section 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;
    (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), the commissioner of human services or the
commissioner's designee must pursue adoptive placement in another home as soon as the
commissioner or commissioner's designee determines that finalization of the adoption with
the identified prospective adoptive parent is not possible, that the identified prospective
adoptive parent is not willing to adopt the child, that the identified 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.
    (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. When the court has determined that permanent placement of the
child away from the parent is necessary, the court shall consider permanent alternative
homes that are available both inside and outside the state.
    (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), 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, if one has not already
been identified;
    (3) support continued placement of the child in the identified home, if one has been
identified;
    (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 and
also ensure appropriate services or assistance to maintain relationships with appropriate
family members and the child's community; and
    (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.
    (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 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
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) that the conditions which led to the out-of-home placement have not been
corrected so that the child can safely return home.
    (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.
    (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.
    (l) This paragraph applies to proceedings required under this subdivision when
the child is on a trial home visit:
    (1) if the child is on a trial home visit 12 months after the child was placed in
foster care or in the care of a noncustodial parent as calculated in this subdivision, the
responsible social services agency may file a report with the court regarding the child's and
parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe
and permanent return to the care of the parent in lieu of filing the pleadings required under
paragraph (b). The court shall make findings regarding reasonableness of the responsible
social services efforts to finalize the child's return home as the permanent order in the best
interests of the child. The court may continue the trial home visit to a total time not to
exceed six months as provided in subdivision 1. If the court finds the responsible social
services agency has not made reasonable efforts to finalize the child's return home as the
permanent order in the best interests of the child, the court may order other or additional
efforts to support the child remaining in the care of the parent; and
    (2) if a trial home visit ordered or continued at proceedings under this subdivision
terminates, the court shall re-commence proceedings under this subdivision to determine
the permanent status of the child not later than 30 days after the child is returned to foster
care.

    Sec. 4. Minnesota Statutes 2008, section 260C.209, subdivision 3, is amended to read:
    Subd. 3. Multistate information. For every background study completed under this
section, the subject of the background study shall provide the responsible social services
agency with a set of classifiable fingerprints obtained from an authorized agency. The
responsible social services agency shall provide the fingerprints to the commissioner, and
the commissioner shall obtain criminal history data from the National Criminal Records
Repository by submitting the fingerprints to the Bureau of Criminal Apprehension.
In cases involving the emergency relative placement of children under section
245A.035, the social services agency or county attorney may request a name-based check
of the National Criminal Records Repository. In those cases, fingerprints of the individual
being checked must be forwarded to the Bureau of Criminal Apprehension for submission
to the Federal Bureau of Investigation within 15 calendar days of the name-based check. If
the subject of the name-based check does not provide fingerprints upon request, the child
or children must be removed from the home.

    Sec. 5. Minnesota Statutes 2008, section 260C.212, subdivision 4, is amended to read:
    Subd. 4. Agency responsibilities for parents and children in placement. (a)
When a child is in foster care, the responsible social services agency shall make diligent
efforts to identify, locate, and, where appropriate, offer services to both parents of the child.
    (1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but
is not limited to, obtaining information under section 260C.209. If after assessment,
the responsible social services agency determines that a noncustodial or nonadjudicated
parent is willing and capable of providing day-to-day care of the child, the responsible
social services agency may seek authority from the custodial parent or the court to have
that parent assume day-to-day care of the child. If a parent is not an adjudicated parent,
the responsible social services agency shall require the nonadjudicated parent to cooperate
with paternity establishment procedures as part of the case plan.
    (2) If, after assessment, the responsible social services agency determines that the
child cannot be in the day-to-day care of either parent, the agency shall:
    (i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and
    (ii) provide a parent who is the subject of a background study under section
260C.209 15 days' notice that it intends to use the study to recommend against putting the
child with that parent, as well as the notice provided in section 260C.209, subdivision 4,
and the court shall afford the parent an opportunity to be heard concerning the study.
    The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.
    (3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the
agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for
under chapter 257.
    (4) The responsible social services agency may be relieved of the requirement to
locate and offer services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.
    (b) The responsible social services agency shall give notice to the parent or guardian
of each child in foster care, other than a child in voluntary foster care for treatment under
chapter 260D, of the following information:
    (1) that the child's placement in foster care may result in termination of parental
rights or an order permanently placing the child out of the custody of the parent, but only
after notice and a hearing as required under chapter 260C and the juvenile court rules;
    (2) time limits on the length of placement and of reunification services, including
the date on which the child is expected to be returned to and safely maintained in the
home of the parent or parents or placed for adoption or otherwise permanently removed
from the care of the parent by court order;
    (3) the nature of the services available to the parent;
    (4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;
    (5) the first consideration for placement with relatives;
    (6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent
legal placement of the child away from the parent;
    (7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and
    (8) the financial responsibilities and obligations, if any, of the parent or parents for
the support of the child during the period the child is in foster care.
    (c) The responsible social services agency shall inform a parent considering
voluntary placement of a child under subdivision 8, of the following information:
    (1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;
    (2) the parent is not required to agree to the voluntary placement, and a parent
who enters a voluntary placement agreement may at any time request that the agency
return the child. If the parent so requests, the child must be returned within 24 hours of
the receipt of the request;
    (3) evidence gathered during the time the child is voluntarily placed may be used
at a later time as the basis for a petition alleging that the child is in need of protection
or services or as the basis for a petition seeking termination of parental rights or other
permanent placement of the child away from the parent;
    (4) if the responsible social services agency files a petition alleging that the child is
in need of protection or services or a petition seeking the termination of parental rights
or other permanent placement of the child away from the parent, the parent would have
the right to appointment of separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by law, and that counsel will
be appointed at public expense if they are unable to afford counsel; and
    (5) the timelines and procedures for review of voluntary placements under
subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a
permanent placement determination hearing under section 260C.201, subdivision 11.
    (d) When an agency accepts a child for placement, the agency shall determine
whether the child has had a physical examination by or under the direction of a licensed
physician within the 12 months immediately preceding the date when the child came into
the agency's care. If there is documentation that the child has had an examination within
the last 12 months, the agency is responsible for seeing that the child has another physical
examination within one year of the documented examination and annually in subsequent
years. If the agency determines that the child has not had a physical examination within
the 12 months immediately preceding placement, the agency shall ensure that the child
has an examination within 30 days of coming into the agency's care and once a year
in subsequent years.
    (e) Whether under state guardianship or not, if a child leaves foster care by reason of
having attained the age of majority under state law, the child must be given at no cost a
copy of the child's social and medical history, as defined in section 259.43, and education
report.

    Sec. 6. Minnesota Statutes 2008, section 260C.212, subdivision 7, is amended to read:
    Subd. 7. Administrative or court review of placements. (a) There shall be an
administrative review of the out-of-home placement plan of each child placed in foster
care no later than 180 days after the initial placement of the child in foster care and at least
every six months thereafter if the child is not returned to the home of the parent or parents
within that time. The out-of-home placement plan must be monitored and updated at each
administrative review. The administrative review shall be conducted by the responsible
social services agency using a panel of appropriate persons at least one of whom is not
responsible for the case management of, or the delivery of services to, either the child or
the parents who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as appropriate.
    (b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d).
The party requesting review of the out-of-home placement plan shall give parties to the
proceeding notice of the request to review and update the out-of-home placement plan.
A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
260C.141, subdivision 2 or 2a, clause (2); or 260C.317 shall satisfy the requirement for
the review so long as the other requirements of this section are met.
    (c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:
    (1) the safety, permanency needs, and well-being of the child;
    (2) the continuing necessity for and appropriateness of the placement;
    (3) the extent of compliance with the out-of-home placement plan;
    (4) the extent of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care;
    (5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and
    (6) the appropriateness of the services provided to the child.
    (d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the review required under section 260C.201, subdivision 11,
paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall
review the independent living plan required under subdivision 1, paragraph (c), clause
(8), and the provision of services to the child related to the well-being of the child as the
child prepares to leave foster care. The review shall include the actual plans related to
each item in the plan necessary to the child's future safety and well-being when the child is
no longer in foster care.
    (1) At the court review, the responsible social services agency shall establish that it
has given the notice required under Minnesota Rules, part 9560.0060, regarding the right
to continued access to services for certain children in foster care past age 18 and of the
right to appeal a denial of social services under section 256.245 256.045. If the agency is
unable to establish that the notice, including the right to appeal a denial of social services,
has been given, the court shall require the agency to give it.
    (2) The court shall make findings regarding progress toward or accomplishment of
the following goals:
    (i) the child has obtained a high school diploma or its equivalent;
    (ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;
    (iii) the child is employed or enrolled in postsecondary education;
    (iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;
    (v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
    (vi) the child has applied for and obtained disability income assistance for which
the child is eligible;
    (vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;
    (viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;
    (ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;
    (x) the child, if male, has registered for the Selective Service; and
    (xi) the child has a permanent connection to a caring adult.
    (3) The court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.

    Sec. 7. Minnesota Statutes 2008, section 260D.07, is amended to read:
260D.07 REQUIRED PERMANENCY REVIEW HEARING.
    (a) When the court has found that the voluntary arrangement is in the child's best
interests and that the agency and parent are appropriately planning for the child pursuant
to the report submitted under section 260D.06, and the child continues in voluntary foster
care as defined in section 260D.02, subdivision 10, for 13 months from the date of the
voluntary foster care agreement, or has been in placement for 15 of the last 22 months, the
agency must:
    (1) terminate the voluntary foster care agreement and return the child home; or
    (2) determine whether there are compelling reasons to continue the voluntary foster
care arrangement and, if the agency determines there are compelling reasons, seek judicial
approval of its determination; or
    (3) file a petition for the termination of parental rights.
    (b) When the agency is asking for the court's approval of its determination that there
are compelling reasons to continue the child in the voluntary foster care arrangement, the
agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary
Foster Care for Treatment" and ask the court to proceed under this section.
    (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster
Care for Treatment" shall be drafted or approved by the county attorney and be under
oath. The petition shall include:
    (1) the date of the voluntary placement agreement;
    (2) whether the petition is due to the child's developmental disability or emotional
disturbance;
    (3) the plan for the ongoing care of the child and the parent's participation in the plan;
    (4) a description of the parent's visitation and contact with the child;
    (5) the date of the court finding that the foster care placement was in the best
interests of the child, if required under section 260D.06, or the date the agency filed the
motion under section 260D.09, paragraph (b);
    (6) the agency's reasonable efforts to finalize the permanent plan for the child,
including returning the child to the care of the child's family; and
    (7) a citation to this chapter as the basis for the petition.
    (d) An updated copy of the out-of-home placement plan required under section
260C.212, subdivision 1, shall be filed with the petition.
    (e) The court shall set the date for the permanency review hearing no later than 14
months after the child has been in placement or within 30 days of the petition filing date
when the child has been in placement 15 of the last 22 months. The court shall serve the
petition together with a notice of hearing by United States mail on the parent, the child
age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the
county attorney, and counsel for any party.
    (f) The court shall conduct the permanency review hearing on the petition no later
than 14 months after the date of the voluntary placement agreement, within 30 days of the
filing of the petition when the child has been in placement 15 days of the last 22 months,
or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster
care under chapter 260C, as provided in section 260D.09, paragraph (b).
    (g) At the permanency review hearing, the court shall:
    (1) inquire of the parent if the parent has reviewed the "Petition for Permanency
Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is
accurate, and whether the parent agrees to the continued voluntary foster care arrangement
as being in the child's best interests;
    (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts
to finalize the permanent plan for the child, including whether there are services available
and accessible to the parent that might allow the child to safely be with the child's family;
    (3) inquire of the parent if the parent consents to the court entering an order that:
    (i) approves the responsible agency's reasonable efforts to finalize the permanent
plan for the child, which includes ongoing future planning for the safety, health, and best
interests of the child; and
    (ii) approves the responsible agency's determination that there are compelling
reasons why the continued voluntary foster care arrangement is in the child's best
interests; and
    (4) inquire of the child's guardian ad litem and any other party whether the guardian
or the party agrees that:
    (i) the court should approve the responsible agency's reasonable efforts to finalize
the permanent plan for the child, which includes ongoing and future planning for the
safety, health, and best interests of the child; and
    (ii) the court should approve of the responsible agency's determination that there
are compelling reasons why the continued voluntary foster care arrangement is in the
child's best interests.
    (h) At a permanency review hearing under this section, the court may take the
following actions based on the contents of the sworn petition and the consent of the parent:
    (1) approve the agency's compelling reasons that the voluntary foster care
arrangement is in the best interests of the child; and
    (2) find that the agency has made reasonable efforts to finalize a plan for the
permanent plan for the child.
    (i) A child, age 12 or older, may object to the agency's request that the court approve
its compelling reasons for the continued voluntary arrangement and may be heard on the
reasons for the objection. Notwithstanding the child's objection, the court may approve
the agency's compelling reasons and the voluntary arrangement.
    (j) If the court does not approve the voluntary arrangement after hearing from the
child or the child's guardian ad litem, the court shall dismiss the petition. In this case,
either:
    (1) the child must be returned to the care of the parent; or
    (2) the agency must file a petition under section 260C.141, asking for appropriate
relief under section 260C.201, subdivision 11, or 260C.301.
    (k) When the court approves the agency's compelling reasons for the child to
continue in voluntary foster care for treatment, and finds that the agency has made
reasonable efforts to finalize a permanent plan for the child, the court shall approve the
continued voluntary foster care arrangement, and continue the matter under the court's
jurisdiction for the purposes of reviewing the child's placement every 12 months while
the child is in foster care.
    (l) A finding that the court approves the continued voluntary placement means
the agency has continued legal authority to place the child while a voluntary placement
agreement remains in effect. The parent or the agency may terminate a voluntary
agreement as provided in section 260D.10. Termination of a voluntary foster care
placement of an Indian child is governed by section 260.765, subdivision 4.

    Sec. 8. Laws 2008, chapter 361, article 6, section 58, is amended to read:
    Sec. 58. REVISOR'S INSTRUCTION.
    (a) In each section of Minnesota Statutes referred to in column A, the revisor of
statutes shall delete the reference in column B and insert the reference in column C.

Column A
Column B
Column C

259.67
260.851, article 5
260.853 260.93, article 4

256B.094
260.851
260.853 260.93
    (b) In each section of Minnesota Rules referred to in column A, the revisor of
statutes shall delete the reference in column B and insert the reference in column C.

Column A
Column B
Column C

9545.0755
260.851 to 260.91
260.855 to 260.93

9545.0815
260.851
260.93

9550.6210
260.851 to 260.91
260.855 to 260.93

9560.0130
260.851
260.93
(c) The revisor of statutes shall replace "Interstate Compact on the Placement of
Children" with "Interstate Compact for the Placement of Children" wherever it appears
in rules or statutes.
EFFECTIVE DATE.This section is effective upon legislative enactment of the
compact in Minnesota Statutes, section 260.93, into law by no less than 35 states. The
commissioner of human services shall inform the revisor of statutes when this occurs.

    Sec. 9. REPEALER.
Minnesota Statutes 2008, section 260C.209, subdivision 4, is repealed.

ARTICLE 2
CHILD WELFARE POLICY

    Section 1. Minnesota Statutes 2008, section 13.46, subdivision 2, is amended to read:
    Subd. 2. General. (a) Unless the data is summary data or a statute specifically
provides a different classification, data on individuals collected, maintained, used, or
disseminated by the welfare system is private data on individuals, and shall not be
disclosed except:
    (1) according to section 13.05;
    (2) according to court order;
    (3) according to a statute specifically authorizing access to the private data;
    (4) to an agent of the welfare system, including a law enforcement person, attorney,
or investigator acting for it in the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
    (5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to
an individual or family across programs; evaluate the effectiveness of programs; assess
parental contribution amounts; and investigate suspected fraud;
    (6) to administer federal funds or programs;
    (7) between personnel of the welfare system working in the same program;
    (8) to the Department of Revenue to assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;
    (9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:
    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
    (ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;
    (iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
    (iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections 144.291 to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103, and
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;
    (10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;
    (11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;
    (12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
    (13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);
    (14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;
    (15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:
    (i) the participant:
    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
    (B) is violating a condition of probation or parole imposed under state or federal law;
    (ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
    (iii) the request is made in writing and in the proper exercise of those duties;
    (16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;
    (17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1(c);
    (18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:
    (i) the member:
    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
    (B) is violating a condition of probation or parole imposed under state or federal
law; or
    (C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);
    (ii) locating or apprehending the member is within the officer's official duties; and
    (iii) the request is made in writing and in the proper exercise of the officer's official
duty;
    (19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;
    (20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;
    (21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;
    (22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7
;
    (23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;
    (24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of health as
defined in section 145A.02, subdivision 2, when the commissioner or local board of health
has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
risk of illness, and the data are necessary to locate the person;
    (25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;
    (26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;
    (27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;
    (28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions; or
    (29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education.; or
(30) child support data on the parents and the child may be disclosed to agencies
administering programs under Titles IV-E and IV-B of the Social Security Act, as provided
by federal law. Data may be disclosed only to the extent necessary for the purpose of
establishing parentage or for determining who has or may have parental rights with respect
to a child, which could be related to permanency planning.
    (b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.
    (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is
not subject to the access provisions of subdivision 10, paragraph (b).
    For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.

    Sec. 2. Minnesota Statutes 2008, section 256.01, subdivision 14b, is amended to read:
    Subd. 14b. American Indian child welfare projects. (a) The commissioner of
human services may authorize projects to test tribal delivery of child welfare services to
American Indian children and their parents and custodians living on the reservation.
The commissioner has authority to solicit and determine which tribes may participate
in a project. Grants may be issued to Minnesota Indian tribes to support the projects.
The commissioner may waive existing state rules as needed to accomplish the projects.
Notwithstanding section 626.556, the commissioner may authorize projects to use
alternative methods of investigating and assessing reports of child maltreatment, provided
that the projects comply with the provisions of section 626.556 dealing with the rights
of individuals who are subjects of reports or investigations, including notice and appeal
rights and data practices requirements. The commissioner may seek any federal approvals
necessary to carry out the projects as well as seek and use any funds available to the
commissioner, including use of federal funds, foundation funds, existing grant funds,
and other funds. The commissioner is authorized to advance state funds as necessary to
operate the projects. Federal reimbursement applicable to the projects is appropriated
to the commissioner for the purposes of the projects. The projects must be required to
address responsibility for safety, permanency, and well-being of children.
(b) For the purposes of this section, "American Indian child" means a person under
18 years of age who is a tribal member or eligible for membership in one of the tribes
chosen for a project under this subdivision and who is residing on the reservation of
that tribe.
(c) In order to qualify for an American Indian child welfare project, a tribe must:
(1) be one of the existing tribes with reservation land in Minnesota;
(2) have a tribal court with jurisdiction over child custody proceedings;
(3) have a substantial number of children for whom determinations of maltreatment
have occurred;
(4) have capacity to respond to reports of abuse and neglect under section 626.556;
(5) provide a wide range of services to families in need of child welfare services; and
(6) have a tribal-state title IV-E agreement in effect.
(d) Grants awarded under this section may be used for the nonfederal costs of
providing child welfare services to American Indian children on the tribe's reservation,
including costs associated with:
(1) assessment and prevention of child abuse and neglect;
(2) family preservation;
(3) facilitative, supportive, and reunification services;
(4) out-of-home placement for children removed from the home for child protective
purposes; and
(5) other activities and services approved by the commissioner that further the goals
of providing safety, permanency, and well-being of American Indian children.
(e) When a tribe has initiated a project and has been approved by the commissioner
to assume child welfare responsibilities for American Indian children of that tribe under
this section, the affected county social service agency is relieved of responsibility for
responding to reports of abuse and neglect under section 626.556 for those children
during the time within which the tribal project is in effect and funded. The commissioner
shall work with tribes and affected counties to develop procedures for data collection,
evaluation, and clarification of ongoing role and financial responsibilities of the county
and tribe for child welfare services prior to initiation of the project. Children who have not
been identified by the tribe as participating in the project shall remain the responsibility
of the county. Nothing in this section shall alter responsibilities of the county for law
enforcement or court services.
(f) Participating tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:
(1) the child must be receiving child protective services;
(2) the child must be in foster care; or
(3) the child's parents must have had parental rights suspended or terminated.
Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services
under section 245.487.
(g) Participating tribes may establish a local child mortality review panel. In
establishing a local child mortality review panel, the tribe agrees to conduct local child
mortality reviews for child deaths or near-fatalities occurring on the reservation under
section 256.01, subdivision 12. Tribes with established child mortality review panels
shall have access to nonpublic data and shall protect nonpublic data under section
256.01, subdivision 12, paragraphs (c) to (e). The tribe shall provide written notice to
the commissioner and affected counties when a local child mortality review panel has
been established and shall provide data upon request of the commissioner for purposes
of sharing nonpublic data with members of the state child mortality review panel in
connection to an individual case.
(f) (h) The commissioner shall collect information on outcomes relating to child
safety, permanency, and well-being of American Indian children who are served in
the projects. Participating tribes must provide information to the state in a format
and completeness deemed acceptable by the state to meet state and federal reporting
requirements.

    Sec. 3. Minnesota Statutes 2008, section 259.52, subdivision 2, is amended to read:
    Subd. 2. Requirement to search registry before adoption petition can be
granted; proof of search. No petition for adoption may be granted unless the agency
supervising the adoptive placement, the birth mother of the child, or, in the case of a
stepparent or relative adoption, the county agency responsible for the report required
under section 259.53, subdivision 1, requests that the commissioner of health search the
registry to determine whether a putative father is registered in relation to a child who is or
may be the subject of an adoption petition. The search required by this subdivision must
be conducted no sooner than 31 days following the birth of the child. A search of the
registry may be proven by the production of a certified copy of the registration form or by
a certified statement of the commissioner of health that after a search no registration of a
putative father in relation to a child who is or may be the subject of an adoption petition
could be located. The filing of a certified copy of an order from a juvenile protection
matter under chapter 260C containing a finding that certification of the requisite search
of the Minnesota fathers' adoption registry was filed with the court in that matter shall
also constitute proof of search. Certification that the fathers' adoption registry has been
searched must be filed with the court prior to entry of any final order of adoption. In
addition to the search required by this subdivision, the agency supervising the adoptive
placement, the birth mother of the child, or, in the case of a stepparent or relative adoption,
the social services agency responsible for the report under section 259.53, subdivision 1,
or the responsible social services agency that is a petitioner in a juvenile protection matter
under chapter 260C may request that the commissioner of health search the registry at
any time. Search requirements of this section do not apply when the responsible social
services agency is proceeding under Safe Place for Newborns, section 260C.217.

    Sec. 4. Minnesota Statutes 2008, section 259.52, subdivision 6, is amended to read:
    Subd. 6. Who may register. Any putative father may register with the fathers'
adoption registry. However, Any limitation on a putative father's right to assert an interest
in the child as provided in this section applies only in adoption proceedings, termination
of parental rights proceedings under chapter 260C, and only to those putative fathers not
entitled to notice and consent under sections 259.24 and 259.49, subdivision 1, paragraph
(a) or (b), clauses (1) to (7).

    Sec. 5. Minnesota Statutes 2008, section 259.67, subdivision 1, is amended to read:
    Subdivision 1. Adoption assistance. (a) The commissioner of human services shall
enter into an adoption assistance agreement with an adoptive parent or parents who adopt
a child who meets the eligibility requirements under title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 679a, or who otherwise meets the requirements
in subdivision 4 of an eligible child. To be eligible for adoption assistance a child must:
(1) be determined to be a child with special needs, according to subdivision 4; and
(2)(i) meet the criteria outlined in section 473 of the Social Security Act; or
(ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county or tribe, and be either under the guardianship of the
commissioner or under the jurisdiction of a Minnesota tribe, with adoption in accordance
with tribal law as the child's documented permanency plan.
(b) Notwithstanding any provision to the contrary, no child on whose behalf federal
title IV-E adoption assistance payments are to be made may be placed in an adoptive home
unless a criminal background check under section 259.41, subdivision 3, paragraph (b),
has been completed on the prospective adoptive parents and no disqualifying condition
exists. A disqualifying condition exists if:
(1) a criminal background check reveals a felony conviction for child abuse; for
spousal abuse; for a crime against children (including child pornography); or for a crime
involving violence, including rape, sexual assault, or homicide, but not including other
physical assault or battery; or
(2) a criminal background check reveals a felony conviction within the past five
years for physical assault, battery, or a drug-related offense.
(c) A child must be a citizen of the United States or otherwise eligible for
federal public benefits according to the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, in order to be eligible for title IV-E adoption
assistance. A child must be a citizen of the United States or meet the qualified
alien requirements as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption
assistance.
(d) Subject to commissioner approval, the legally responsible agency shall make a
title IV-E adoption assistance eligibility determination for each child. Children who meet
all eligibility criteria except those specific to title IV-E adoption assistance shall receive
adoption assistance paid through state funds.
(e) Payments for adoption assistance shall not be made to a biological parent of the
child who later adopts the same child. Direct placement adoptions under section 259.47 or
the equivalent in tribal code are not eligible for state-funded adoption assistance. A child
who is adopted by the child's legal custodian or guardian is not eligible for state-funded
adoption assistance. A child who is adopted by the child's legal custodian or guardian may
be eligible for title IV-E adoption assistance if all required eligibility factors are met.
International adoptions are not eligible for adoption assistance unless the adopted child
has been placed into foster care through the public child welfare system subsequent to the
failure of the adoption and all required eligibility factors are met.

    Sec. 6. Minnesota Statutes 2008, 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, agreement, the nature and
amount of any payment, services, and assistance to be provided under such agreement,
the child's eligibility for Medicaid services, eligibility for reimbursement of nonrecurring
expenses associated with adopting the child, to the extent that total cost does not exceed
$2,000 per child, provisions for modification of the terms of the agreement, the effective
date of the agreement, that the agreement must remain in effect regardless of the state of
which the adoptive parents are residents at any given time, and the payment terms. The
agreement is effective the date of the adoption decree. 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 agreement must be negotiated with
the adoptive parent or parents. A monthly payment is provided as part of the adoption
assistance agreement to support the care of a child who has manifested special needs.
    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 child'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
the payment schedule outlined in subdivision 2a, and, for state-funded cases, is subject to
the availability of state and federal funds.

    Sec. 7. Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:
    Subd. 2a. Benefits and payments. (a) Eligibility for medical assistance for children
receiving adoption assistance is as specified in section 256B.055.
(b) Basic maintenance payments are available for all children eligible for adoption
assistance except those eligible solely based on high risk of developing a disability. Basic
maintenance payments must be made according to the following schedule:

Birth through age five
up to $247 per month

Age six through age 11
up to $277 per month

Age 12 through age 14
up to $307 per month

Age 15 and older
up to $337 per month
A child must receive the maximum payment amount for the child's age, unless a
lesser amount is negotiated with and agreed to by the prospective adoptive parent.
(c) Supplemental adoption assistance needs payments, in addition to basic
maintenance payments, are available for a child whose disability necessitates care,
supervision, and structure beyond that ordinarily provided in a family setting to persons
of the same age. These payments are related to the severity of a child's disability and
the level of parenting required to care for the child, and must be made according to the
following schedule:

Level I
up to $150 per month

Level II
up to $275 per month

Level III
up to $400 per month

Level IV
up to $500 per month
A child's level shall be assessed on a supplemental maintenance needs assessment
form prescribed by the commissioner. A child must receive the maximum payment
amount for the child's assessed level, unless a lesser amount is negotiated with and agreed
to by the prospective adoptive parent.

    Sec. 8. Minnesota Statutes 2008, section 259.67, subdivision 3, is amended to read:
    Subd. 3. Modification, or termination, or extension of adoption assistance
agreement. The adoption assistance agreement shall continue in accordance with its terms
as long as the need for adoption assistance continues and the adopted child is the legal
or financial dependent of the adoptive parent or parents or guardian or conservator and
is under 18 years of age. If the commissioner determines that the adoptive parents are
no longer legally responsible for support of the child or are no longer providing financial
support to the child, the agreement shall terminate. Under certain limited circumstances,
the adoption assistance agreement may be extended to age 22 as allowed by rules adopted
by the commissioner. An application for extension must be completed and submitted by
the adoptive parent prior to the date the child attains age 18. The application for extension
must be made according to policies and procedures prescribed by the commissioner,
including documentation of eligibility, and on forms prescribed by the commissioner.
Termination or modification of the adoption assistance agreement may be requested by the
adoptive parents or subsequent guardian or conservator at any time. When an adoptive
parent requests modification of the adoption assistance agreement, a reassessment of the
child must be completed consistent with subdivision 2a. If the reassessment indicates
that the child's level has changed or, for a high-risk child, that the potential disability
upon which eligibility for the agreement was based has manifested itself, the agreement
shall be renegotiated to include an appropriate payment, consistent with subdivision 2a.
The agreement must not be modified unless the commissioner and the adoptive parent
mutually agree to the changes. When the commissioner determines that a child is eligible
for extension of title IV-E adoption assistance under Title IV-E section 473 of the Social
Security Act, United States Code, title 42, sections 670 to 679a, the commissioner shall
modify the adoption assistance agreement require the adoptive parents to submit the
necessary documentation in order to obtain the funds under that act.

    Sec. 9. Minnesota Statutes 2008, section 259.67, subdivision 4, is amended to read:
    Subd. 4. Eligibility conditions Special needs determination. (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 A child is considered a child with
special needs under this section 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;
    (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; or
    (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to
adopt the child, and it is determined by the placing agency that the adoption is in the
best interest of the child; or
(iv) for a non-Indian child, the family that previously adopted a child of the same
mother or father desires to adopt the child, and it is determined by the placing agency that
the adoption is in the best interest of the child.
    (3)(i) The child is a ward of the commissioner or a tribal social service agency of
Minnesota recognized by the Secretary of the Interior; or (ii) the child will be 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. 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. A child who is
adopted by the child's legal custodian or guardian shall not be eligible for state-funded
adoption assistance. There has been a determination that the child cannot or should not be
returned to the home of the child's parents as evidenced by:
(i) a court-ordered termination of parental rights;
(ii) a petition to terminate parental rights;
(iii) a consent to adopt accepted by the court under sections 260C.201, subdivision
11, and 259.24;
(iv) in circumstances where tribal law permits the child to be adopted without a
termination of parental rights, a judicial determination by tribal court indicating the valid
reason why the child cannot or should not return home;
(v) a voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment
occurred in another state, the applicable laws in that state; or
(vi) the death of the legal parent.
    (b) The characteristics or circumstances that may be considered in determining
whether a child meets the requirements of paragraph (a), clause (1), or section
473(c)(2)(A) of the Social Security Act, 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) adopted
at the same time by the same parent.
(2) The child has been determined by the Social Security Administration to meet
all medical or disability requirements of title XVI of the Social Security Act with respect
to eligibility for Supplemental Security Income benefits.
    (2) (3) The child has documented physical, mental, emotional, or behavioral
disabilities not covered under clause (2).
    (3) (4) The child has a high risk of developing physical, mental, emotional, or
behavioral disabilities.
    (4) (5) The child is five years of age or older.
(6) The child is placed for adoption in the home of a parent who previously adopted
another child born of the same mother or father for whom they receive adoption assistance.
    (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
upon which eligibility for the agreement was based manifests itself as documented by an
appropriate health care professional.
(d) Documentation must be provided to verify that a child meets the special needs
criteria in this subdivision. Documentation is limited to evidence deemed appropriate by
the commissioner.

    Sec. 10. Minnesota Statutes 2008, section 259.67, subdivision 5, is amended to read:
    Subd. 5. Determination of residency. A child placed in the state from another state
or a tribe outside of the state is not eligible for state-funded adoption assistance through
the state. A child placed in the state from another state or a tribe outside of the state may
be eligible for title IV-E adoption assistance through the state of Minnesota if all eligibility
factors are met and there is no state agency that has responsibility for placement and care
of the child. A child who is a resident of any county in this state when eligibility for
adoption assistance is certified shall remain eligible and receive adoption assistance in
accordance with the terms of the adoption assistance agreement, regardless of the domicile
or residence of the adopting parents at the time of application for adoptive placement,
legal decree of adoption, or thereafter.

    Sec. 11. Minnesota Statutes 2008, section 259.67, subdivision 7, is amended to read:
    Subd. 7. Reimbursement of costs. (a) Subject to rules of the commissioner, and
the provisions of this subdivision a child-placing agency licensed in Minnesota or any
other state, or local or tribal social services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and appropriate cost of providing
child-specific adoption services. Adoption services under this subdivision may include
adoptive family child-specific recruitment, counseling, and special training when needed,
and home studies for prospective adoptive parents, and placement services.
    (b) An eligible child must have a goal of adoption, which may include an adoption
in accordance with tribal law, and meet one of the following criteria:
    (1) is a ward of the commissioner of human services or a ward of tribal court
pursuant to section 260.755, subdivision 20, who meets one of the criteria in subdivision
4, paragraph (a), clause (3), and one of the criteria in subdivision 4, paragraph (b), clause
(1), (2), or (3); or
    (2) is under the guardianship of a Minnesota-licensed child-placing agency who
meets one of the criteria in subdivision 4, paragraph (b), clause (1) or, (2), (3), (5), or (6).
    (c) A child-placing agency licensed in Minnesota or any other state shall receive
reimbursement for adoption services it purchases for or directly provides to an eligible
child. Tribal social services shall receive reimbursement for adoption services it purchases
for or directly provides to an eligible child. A local social services agency shall receive
reimbursement only for adoption services it purchases for an eligible child.
    Before providing adoption services for which reimbursement will be sought under
this subdivision, a reimbursement agreement, on the designated format, must be entered
into with the commissioner. No reimbursement under this subdivision shall be made to
an agency for services provided prior to entering a reimbursement agreement. Separate
reimbursement agreements shall be made for each child and separate records shall be kept
on each child for whom a reimbursement agreement is made. The commissioner of human
services Reimbursement shall agree not be made unless the commissioner agrees that the
reimbursement costs are reasonable and appropriate. The commissioner may spend up
to $16,000 for each purchase of service agreement. Only one agreement per child is
allowed, unless an exception is granted by the commissioner and agreed to in writing by
the commissioner prior to commencement of services. Funds encumbered and obligated
under such an agreement for the child remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
    The commissioner shall make reimbursement payments directly to the agency
providing the service if direct reimbursement is specified by the purchase of service
agreement, and if the request for reimbursement is submitted by the local or tribal social
services agency along with a verification that the service was provided.

    Sec. 12. Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:
    Subd. 11. Promotion of programs. The commissioner or the commissioner's
designee shall actively seek ways to promote the adoption assistance program, including
information to prospective adoptive parents of eligible children under the commissioner's
guardianship of the availability of adoption assistance. All families who adopt children
under the commissioner's guardianship must also be informed as to the adoption tax credit.

    Sec. 13. Minnesota Statutes 2008, 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, and 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 always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:
    (1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;
    (2) the parental rights of the parent to another child have been terminated
involuntarily;
    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);
    (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
    (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. 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).
    (d) "Reasonable efforts to prevent placement" means:
    (1) the agency has made reasonable efforts to prevent the placement of the child in
foster care by working with the family to develop and implement a safety plan; 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 to identify and provide notice to adult relatives as
required under section 260C.212, subdivision 5; and
(4) place siblings removed from their home in the same home for foster care,
adoption, or transfer permanent legal and physical custody to a relative. Visitation
between siblings who are not in the same foster care, adoption, or custodial placement or
facility shall be consistent with section 260C.212, subdivision 2; and
    (4) (5) 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, and considers permanent alternative homes for the child inside or outside
of the state, 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. Services may include those provided by the
responsible social services agency and other culturally appropriate services available in
the community. 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 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, and considers permanent alternative homes for the child inside or outside of
the state; 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, 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.
    (g) Once the court determines that reasonable efforts for reunification are not
required because the court has made one of the prima facie determinations under paragraph
(a), 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 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:
    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections
609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
parent;
    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
surviving child; or
    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.
    (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).
    (i) This section does not prevent out-of-home placement for treatment of a child with
a mental disability when it is determined to be medically necessary as a result of 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 and the level or intensity of supervision and treatment cannot be effectively and
safely provided in the child's home or community and it is determined that a residential
treatment setting is the least restrictive setting that is appropriate to the needs of the child.
    (j) If continuation of reasonable efforts 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 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 a safe and permanent home and to complete whatever
steps are necessary to legally finalize the permanent placement of the child.
    (k) Reasonable efforts to place a child for adoption or in another permanent
placement may be made concurrently with reasonable efforts 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 paragraph (a), 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 both plans.

    Sec. 14. Minnesota Statutes 2008, section 260B.007, subdivision 7, is amended to read:
    Subd. 7. Foster care. "Foster care" means the 24 hour a day care of a child in
any facility which for gain or otherwise regularly provides one or more children, when
unaccompanied by their parents, with a substitute for the care, food, lodging, training,
education, supervision or treatment they need but which for any reason cannot be furnished
by their parents or legal guardians in their homes. "Foster care" means 24-hour substitute
care for children placed away from their parents or guardian and for whom a responsible
social services agency has placement and care responsibility. Foster care includes, but
is not limited to, placement in foster family homes, foster homes of relatives, group
homes, emergency shelters, residential facilities not excluded in this subdivision, child
care institutions, and preadoptive homes. A child is in foster care under this definition
regardless of whether the facility is licensed and payments are made for the cost of care.
Nothing in this definition creates any authority to place a child in a home or facility that
is required to be licensed which is not licensed. Foster care does not include placement
in any of the following facilities: hospitals, inpatient chemical dependency treatment
facilities, facilities that are primarily for delinquent children, any corrections facility or
program within a particular corrections facility not meeting requirements for Title IV-E
facilities as determined by the commissioner, facilities to which a child is committed
under the provision of chapter 253B, forestry camps, or jails. Foster care is intended to
provide for a child's safety or to access treatment. Foster care must not be used as a
punishment or consequence for a child's behavior.

    Sec. 15. Minnesota Statutes 2008, section 260B.157, subdivision 3, is amended to read:
    Subd. 3. Juvenile treatment screening team. (a) The local social services agency
shall establish a juvenile treatment screening team to conduct screenings and prepare
case plans under this subdivision. The team, which may be the team constituted under
section 245.4885 or 256B.092 or Minnesota Rules, parts 9530.6600 to 9530.6655, shall
consist of social workers, juvenile justice professionals, and persons with expertise in the
treatment of juveniles who are emotionally disabled, chemically dependent, or have a
developmental disability. The team shall involve parents or guardians in the screening
process as appropriate. The team may be the same team as defined in section 260C.157,
subdivision 3
.
(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:
(1) for the primary purpose of treatment for an emotional disturbance, and residential
placement is consistent with section 260.012, a developmental disability, or chemical
dependency in a residential treatment facility out of state or in one which is within the
state and licensed by the commissioner of human services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional post-dispositional placement in a facility licensed by the commissioner
of corrections or human services, the court shall notify the county welfare agency. The
county's juvenile treatment screening team must either:
(i) screen and evaluate the child and file its recommendations with the court within
14 days of receipt of the notice; or
(ii) elect not to screen a given case, and notify the court of that decision within
three working days.
(c) If the screening team has elected to screen and evaluate the child, the child
may not be placed for the primary purpose of treatment for an emotional disturbance, a
developmental disability, or chemical dependency, in a residential treatment facility out of
state nor in a residential treatment facility within the state that is licensed under chapter
245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an emergency requires the placement
of the child in a facility within the state;
(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it
will be of therapeutic value to the child; or
(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically
to the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.

    Sec. 16. Minnesota Statutes 2008, section 260B.198, subdivision 1, is amended to read:
    Subdivision 1. Court order, findings, remedies, treatment. If the court finds that
the child is delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:
(1) counsel the child or the 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 child's 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, in a group foster care facility
which is under the management and supervision of said commissioner;
(3) if the court determines that the child is a danger to self or others, subject to the
supervision of the court, transfer legal custody of the child to one of the following:
(i) a child-placing agency; or
(ii) the local social services agency; or
(iii) a reputable individual of good moral character. No person may receive custody
of two or more unrelated children unless licensed as a residential facility pursuant to
sections 245A.01 to 245A.16; or
(iv) a county home school, if the county maintains a home school or enters into an
agreement with a county home school; or
(v) 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) transfer legal custody by commitment to the commissioner of corrections;
(5) if the child is found to have violated a state or local law or ordinance which has
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for such damage;
(6) require the child to pay a fine of up to $1,000. The court shall order payment of
the fine in accordance with a time payment schedule which shall not impose an undue
financial hardship on the child;
(7) if the child is in need of special treatment and care for reasons of physical or
mental health, the court may order the child's parent, guardian, or custodian to provide
it. If the parent, guardian, or custodian fails to provide this treatment or care, the court
may order it provided;
(8) if the court believes that it is in the best interests of the child and of public
safety that the driver's license of the child be canceled until the child's 18th birthday,
the court may recommend to the commissioner of public safety the cancellation of the
child's license for any period up to the child's 18th birthday, and the commissioner is
hereby authorized to cancel such license without a hearing. At any time before the
termination of the period of cancellation, the court may, for good cause, recommend to
the commissioner of public safety that the child be authorized to apply for a new license,
and the commissioner may so authorize;
(9) if the court believes that it is in the best interest of the child and of public safety
that the child is enrolled in school, the court may require the child to remain enrolled in a
public school until the child reaches the age of 18 or completes all requirements needed
to graduate from high school. Any child enrolled in a public school under this clause is
subject to the provisions of the Pupil Fair Dismissal Act in chapter 127;
(10) if the child is petitioned and found by the court to have committed a controlled
substance offense under sections 152.021 to 152.027, the court shall determine whether
the child unlawfully possessed or sold the controlled substance while driving a motor
vehicle. If so, the court shall notify the commissioner of public safety of its determination
and order the commissioner to revoke the child's driver's license for the applicable time
period specified in section 152.0271. If the child does not have a driver's license or if the
child's driver's license is suspended or revoked at the time of the delinquency finding,
the commissioner shall, upon the child's application for driver's license issuance or
reinstatement, delay the issuance or reinstatement of the child's driver's license for the
applicable time period specified in section 152.0271. Upon receipt of the court's order, the
commissioner is authorized to take the licensing action without a hearing;
(11) if the child is petitioned and found by the court to have committed or attempted
to commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency
petition based on one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor
providing an assessment for the court must be experienced in the evaluation and treatment
of juvenile sex offenders. If the assessment indicates that the child is in need of and
amenable to sex offender treatment, the court shall include in its disposition order a
requirement that the child undergo treatment. Notwithstanding sections 13.384, 13.85,
144.291 to 144.298, 260B.171, or 626.556, the assessor has access to the following private
or confidential data on the child if access is relevant and necessary for the assessment:
(i) medical data under section 13.384;
(ii) corrections and detention data under section 13.85;
(iii) health records under sections 144.291 to 144.298;
(iv) juvenile court records under section 260B.171; and
(v) local welfare agency records under section 626.556.
Data disclosed under this clause may be used only for purposes of the assessment
and may not be further disclosed to any other person, except as authorized by law;
(12) if the child is found delinquent due to the commission of an offense that would
be a felony if committed by an adult, the court shall make a specific finding on the record
regarding the juvenile's mental health and chemical dependency treatment needs;
(13) any order for a disposition authorized under this section shall contain written
findings of fact to support the disposition ordered and shall also set forth in writing the
following information:
(i) why the best interests of the child are served by the disposition ordered; and
(ii) what alternative dispositions were considered by the court and why such
dispositions were not appropriate in the instant case.

    Sec. 17. Minnesota Statutes 2008, section 260C.007, subdivision 18, is amended to
read:
    Subd. 18. Foster care. "Foster care" means 24 hour substitute care for children
placed away from their parents or guardian and for whom a responsible social services
agency has placement and care responsibility. "Foster care" includes, but is not limited
to, placement in foster family homes, foster homes of relatives, group homes, emergency
shelters, residential facilities not excluded in this subdivision, child care institutions, and
preadoptive homes. A child is in foster care under this definition regardless of whether the
facility is licensed and payments are made for the cost of care. Nothing in this definition
creates any authority to place a child in a home or facility that is required to be licensed
which is not licensed. "Foster care" does not include placement in any of the following
facilities: hospitals, inpatient chemical dependency treatment facilities, facilities that are
primarily for delinquent children, any corrections facility or program within a particular
correction's facility not meeting requirements for Title IV-E facilities as determined by
the commissioner, facilities to which a child is committed under the provision of chapter
253B, forestry camps, or jails. Foster care is intended to provide for a child's safety or
to access treatment. Foster care must not be used as a punishment or consequence for
a child's behavior.

    Sec. 18. Minnesota Statutes 2008, section 260C.007, subdivision 25, is amended to
read:
    Subd. 25. Parent. "Parent" means the birth or adoptive parent of a minor. a person
who has a legal parent and child relationship with a child under section 257.52 which
confers or imposes on the person legal rights, privileges, duties, and obligations. It
includes the mother and child relationship and the father and child relationship. For an
Indian child matters governed by the Indian Child Welfare Act, parent includes any Indian
person who has adopted a child by tribal law or custom, as provided in section 260.755,
subdivision 14
. For matters governed by the Indian Child Welfare Act, parent does not
include the unwed father where paternity has not been acknowledged or established.
Parent does not mean a putative father of a child unless the putative father also meets the
requirements of section 257.55 or unless the putative father is entitled to notice under
section 259.49, subdivision 1.

    Sec. 19. [260C.150] DILIGENT EFFORTS TO IDENTIFY PARENTS OF A
CHILD; PROCEDURES FOR REVIEW; REASONABLE EFFORTS.
    Subdivision 1. Determining parentage. A parent and child relationship may be
established under this chapter according to the requirements of section 257.54 and the
Minnesota Rules of Juvenile Protection Procedure.
    Subd. 2. Genetic test results; duty to cooperate. (a) For purposes of proceedings
under this chapter, a positive test result under section 257.62, subdivision 5, shall be used
by the court to treat a person determined to be the biological father of a child by a positive
test as if the individual were a presumed father under section 257.55, including giving
the biological father the right to notice of proceedings and the right to be assessed and
considered for day-to-day care of his child under section 260C.212, subdivision 4.
(b) Nothing in this subdivision relieves a person determined to be the biological
father of the child by a positive test from the duty to cooperate with paternity establishment
proceedings under section 260C.212, subdivision 4.
    Subd. 3. Identifying parents of child; diligent efforts; data. (a) The responsible
social services agency shall make diligent efforts to identify and locate both parents of any
child who is the subject of proceedings under this chapter. Diligent efforts include:
(1) asking the custodial or known parent to identify any nonresident parent of the
child and provide information that can be used to verify the nonresident parent's identity
including the dates and locations of marriages and divorces, dates and locations of any
legal proceedings regarding paternity, date and place of the child's birth, nonresident
parent's full legal name, nonresident parent's date of birth, if the nonresident parent's
date of birth is unknown, an approximate age, the nonresident parent's Social Security
number, the nonresident parent's whereabouts including last known whereabouts, and the
whereabouts of relatives of the nonresident parent. For purposes of this subdivision,
"nonresident parent" means a parent who does not reside in the same household as the
child or did not reside in the same household as the child at the time the child was removed
when the child is in foster care;
(2) obtaining information that will identify and locate the nonresident parent from
the county and state of Minnesota child support enforcement information system;
(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after
the child's birth; and
(4) using any other reasonable means to identify and locate the nonresident parent.
(b) The agency may disclose data which is otherwise private under section 13.46 or
626.556 in order to carry out its duties under this subdivision.
    Subd. 4. Court inquiry regarding identities of both parents. At the first hearing
regarding the petition and at any subsequent hearings, as appropriate, the court shall
inquire of the parties whether the identities and whereabouts of both parents of the child
are known and correctly reflected in the petition filed with the court. If either the identity
or whereabouts of both parents is not known, the court shall make inquiry on the record of
any party or participant present regarding the identity and whereabouts of the unknown
parent of the child.
    Subd. 5. Sworn testimony from known parent. When the county attorney
requests, the court shall have the custodial or known parent of the child sworn for the
purpose of answering questions relevant to the identity of a child's other parent in any
proceeding under this chapter. The county attorney may request this information at any
point in the proceedings if the custodial or known parent has not been cooperative in
providing information to identify and locate the nonresident parent or information that
may lead to identifying and locating the nonresident parent. If the child's custodial or
known parent testifies that disclosure of identifying information regarding the identity
of the nonresident parent would cause either the custodial or known parent, the child, or
another family member to be endangered, the court may make a protective order regarding
any information necessary to protect the custodial or known parent, the child, or family
member. Consistent with section 260C.212, subdivision 4, paragraph (a), clause (4), if the
child remains in the care of the known or custodial parent and the court finds it in the child's
best interests, the court may waive notice to the nonresident parent of the child if such
notice would endanger the known or custodial parent, the child, or another family member.
    Subd. 6. Court review of diligent efforts and service. As soon as possible, but
not later than the first review hearing required under the Minnesota Rules of Juvenile
Protection Procedure, unless the responsible social services agency has identified and
located both parents of the child, the agency shall include in its report to the court required
under the Minnesota Rules of Juvenile Protection Procedure a description of its diligent
efforts to locate any parent who remains unknown or who the agency has been unable
to locate. The court shall determine whether (1) diligent efforts have been made by the
agency to identify both parents of the child, (2) both parents have been located, and (3)
both parents have been served with the summons or notice of the proceedings required by
section 260C.151 or 260C.152 and the Minnesota Rules of Juvenile Protection Procedure.
If the court determines the agency has not made diligent efforts to locate both parents of
the child or if both parents of the child have not been served as required by the rules, the
court shall order the agency to take further steps to identify and locate both parents of the
child identifying what further specific efforts are appropriate. If the summons has not
been served on the parent as required by section 260C.151, subdivision 1, the court shall
order further efforts to complete service.
    Subd. 7. Reasonable efforts findings. When the court finds the agency has
made diligent efforts to identify and locate both parents of the child and one or both
parents remain unknown or cannot be located, the court may find that the agency has
made reasonable efforts under sections 260.012, 260C.178, 260C.201, and 260C.301,
subdivision 8, regarding any parent who remains unknown or cannot be located. The court
may also find that further reasonable efforts for reunification with the parent who cannot
be identified or located would be futile.
    Subd. 8. Safe place for newborns. Neither the requirements of this subdivision
nor the search requirements of section 259.52, subdivision 2, apply when the agency
is proceeding under section 260C.217. When the agency is proceeding under section
260C.217, the agency has no duty to identify and locate either parent of the newborn and
no notice or service of summons on either parent is required under section 260C.151 or
260C.152 or the Minnesota Rules of Juvenile Protection Procedure.

    Sec. 20. Minnesota Statutes 2008, section 260C.151, subdivision 1, is amended to read:
    Subdivision 1. Issuance of summons. After a petition has been filed and unless
the parties hereinafter named voluntarily appear, the court shall set a time for a hearing
and shall issue a summons requiring the child's parents or legal guardian and any person
who has legal custody or control of the child to appear with the child before the court at
a time and place stated. The summons shall have a copy of the petition attached, and
shall advise the parties of the right to counsel and of the consequences of failure to obey
the summons. The court shall give docket priority to any child in need of protection or
services or neglected and in foster care, that contains allegations of child abuse over any
other case. As used in this subdivision, "child abuse" has the meaning given it in section
630.36, subdivision 2.

    Sec. 21. Minnesota Statutes 2008, section 260C.151, subdivision 2, is amended to read:
    Subd. 2. Notice; child in need of protection or services. After a petition has
been filed alleging a child to be in need of protection or services and unless the persons
named in clauses clause (1) to (4) or (2) voluntarily appear or are summoned according
to subdivision 1 appears, the court shall issue a notice to:
(1) an adjudicated or presumed father of the child;
(2) an alleged (1) a putative father of the child, including any putative father who has
timely registered with the Minnesota Fathers' Adoption Registry under section 259.52; and
(3) a noncustodial mother; and
(4) (2) a grandparent with the right to participate under section 260C.163,
subdivision 2
.

    Sec. 22. Minnesota Statutes 2008, section 260C.151, is amended by adding a
subdivision to read:
    Subd. 2a. Notice; termination of parental rights or permanency proceeding. (a)
After a petition for termination of parental rights or petition for permanent placement of a
child away from a parent under section 260C.201, subdivision 11, has been filed, the court
shall set a time for the admit or deny hearing as required under the Minnesota Rules of
Juvenile Protection Procedure and shall issue a summons requiring the parents of the child
to appear before the court at the time and place stated. The court shall issue a notice to:
(1) a putative father who has timely registered with the Minnesota Fathers' Adoption
Registry and who is entitled to notice of an adoption proceeding under section 259.49,
subdivision 1; and
(2) a grandparent with the right to participate under section 260C.163, subdivision 2.
(b) Neither summons nor notice under this section or section 260C.152 of a
termination of parental rights matter or other permanent placement matter under section
260C.201, subdivision 11, is required to be given to a putative father who has failed
to timely register with the Minnesota Father's Adoption Registry under section 259.52
unless that individual also meets the requirements of section 257.55 or, is required to be
given notice under section 259.49, subdivision 1. When a putative father is not entitled
to notice under this clause and is therefore not given notice, any order terminating his
rights does not give rise to a presumption of parental unfitness under section 260C.301,
subdivision 1, paragraph (b), clause (4).

    Sec. 23. Minnesota Statutes 2008, section 260C.151, subdivision 3, is amended to read:
    Subd. 3. Notice of pendency of case. Notice means written notice as provided in
the Minnesota Rules of Juvenile Protection Procedure. The court shall have notice of
the pendency of the case and of the time and place of the hearing served upon a parent,
guardian, or spouse of the child, who has not been summoned as provided in subdivision 1
as required by subdivision 2. For an Indian child, notice of all proceedings must comply
with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et
seq., and section 260.765.

    Sec. 24. Minnesota Statutes 2008, section 260C.163, is amended by adding a
subdivision to read:
    Subd. 12. Alternative dispute resolution authorized; family group decision
making, parallel protection process and mediation. The court may authorize parties
and participants in any child in need of protection or services, permanency, or termination
of parental rights petition to participate in any appropriate form of alternative dispute
resolution including family group decision making, parallel protection process, and
mediation when such alternative dispute resolution is in the best interests of the child. The
court may order that a child be included in the alternative dispute resolution process, as
appropriate and in the best interests of the child. An alternative dispute resolution process,
including family group decision making, parallel protection process, and mediation, may
be used to resolve part or all of a matter before the court at any point in the proceedings
subject to approval by the court that the resolution is in the best interests of the child.

    Sec. 25. Minnesota Statutes 2008, section 260C.175, subdivision 1, is amended to read:
    Subdivision 1. Immediate custody. No child may be taken into immediate custody
except:
(1) with an order issued by the court in accordance with the provisions of section
260C.151, subdivision 6, or Laws 1997, chapter 239, article 10, section 10, paragraph
(a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance
with the provisions of section 260C.154;
(2) by a peace officer:
(i) when a child has run away from a parent, guardian, or custodian, or when the
peace officer reasonably believes the child has run away from a parent, guardian, or
custodian, but only for the purpose of transporting the child home, to the home of a
relative, or to another safe place; or
(ii) when a child is found in surroundings or conditions which endanger the child's
health or welfare or which such peace officer reasonably believes will endanger the child's
health or welfare. If an Indian child is a resident of a reservation or is domiciled on a
reservation but temporarily located off the reservation, the taking of the child into custody
under this clause shall be consistent with the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1922;
(3) by a peace officer or probation or parole officer when it is reasonably believed
that the child has violated the terms of probation, parole, or other field supervision; or
(4) by a peace officer or probation officer under section 260C.143, subdivision 1 or 4.

    Sec. 26. Minnesota Statutes 2008, section 260C.176, subdivision 1, is amended to read:
    Subdivision 1. Notice; release. If a child is taken into custody as provided in section
260C.175, the parent, guardian, or custodian of the child shall be notified as soon as
possible. 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 relative. When a child is taken into custody by a peace officer under section
260C.175, subdivision 1, clause (2), item (ii), release from detention may be authorized
by the detaining officer, the detaining officer's supervisor, or the county attorney, or the
social services agency, provided that the agency has conducted an assessment and with
the family has developed and implemented a safety plan for the child, if needed. If
the social services agency has determined that the child's health or welfare will not be
endangered and the provision of appropriate and available services will eliminate the
need for placement, the agency shall request authorization for the child's release from
detention. The person to whom the child is released shall promise to bring the child to
the court, if necessary, at the time the court may direct. If the person taking the child into
custody believes it desirable, that person may request the parent, guardian, custodian, or
other person designated by the court to sign a written promise to bring the child to court as
provided above. The intentional violation of such a promise, whether given orally or in
writing, shall be punishable as contempt of court.
The court may require the parent, guardian, custodian, or other person to whom the
child is released, to post any reasonable bail or bond required by the court which shall be
forfeited to the court if the child does not appear as directed. The court may also release
the child on the child's own promise to appear in juvenile court.

    Sec. 27. Minnesota Statutes 2008, section 260C.178, subdivision 1, is amended to read:
    Subdivision 1. Hearing and release requirements. (a) If a child was taken into
custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), 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.
    (c) 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 if returned to the care of the parent or guardian who has custody and from
whom the child was removed, the court shall order the child into foster care under the
legal 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 or into the home of a noncustodial parent and order the noncustodial parent
to comply with any conditions the court determines to be appropriate to the safety and
care of the child, including cooperating with paternity establishment proceedings in the
case of a man who has not been adjudicated the child's father. The court shall not give
the responsible social services legal custody and order a trial home visit at any time prior
to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a),
clause (3), but may order the child returned to the care of the parent or guardian who
has custody and from whom the child was removed and order the parent or guardian to
comply with any conditions the court determines to be appropriate to meet the safety,
health, and welfare of the child.
    (d) 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.
    (e) The court, before determining whether a child should be placed in or continue
in 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 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 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 (g) 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 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.
    (f) 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 and that placement is
in the best interest of the child.
    (g) At the 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 determine
whether a petition has been filed stating a prima facie case that:
    (1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;
    (2) the parental rights of the parent to another child have been involuntarily
terminated;
    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);
    (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.
    (h) 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, 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.
    (i) 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.
    (j) If the court determines the child should be ordered into 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.
    (k) If a child ordered into foster care has siblings, whether full, half, or step, who
are also ordered into 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 for treatment 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 reasonable efforts to place the siblings together, as
required under section 260.012. If any sibling is not placed with another sibling or
siblings, the agency must develop a plan for to facilitate visitation or ongoing contact
among the siblings as required under section 260C.212, subdivision 1, unless it is contrary
to the safety or well-being of any of the siblings to do so.

    Sec. 28. Minnesota Statutes 2008, section 260C.178, subdivision 3, is amended to read:
    Subd. 3. Parental visitation. (a) If a child has been taken into custody under
section 260C.151, subdivision 5, or 260C.175, subdivision 1, clause (2), item (ii), and
the court determines that the child should continue in foster care, the court shall include
in its order reasonable rules for supervised or unsupervised notice that the responsible
social services agency has a duty to develop and implement a plan for parental visitation
of and contact with the child in the foster care facility that promotes the parent and child
relationship unless it the court finds that visitation would endanger the child's physical
or emotional well-being.
(b) Unless the court finds that visitation would endanger the child's physical or
emotional well-being or unless paragraph (c) or (d) apply, the plan for parental visitation
required under section 260C.212, subdivision 1, paragraph (c), clause (5), must be
developed and implemented by the agency and the child's parents as soon as possible after
the court's order for the child to continue in foster care.
(c) When a parent has had no or only limited visitation or contact with the child
prior to the court order for the child to continue in foster care, the court shall not order a
visitation plan developed and implemented until the agency has conducted the assessment
of the parent's ability to provide day-to-day care for the child required under section
260C.212, subdivision 4.
(d) When it is in the best interests of the child, the agency may ask the court to
defer its duty to develop a visitation plan between a putative father and the child until the
paternity status of the child's father is adjudicated or until there is a positive test result
under section 257.62, subdivision 5.
(e) The visitation plan developed under this subdivision is the same visitation plan
required under section 260C.212, subdivision 1, paragraph (c), clause (5).

    Sec. 29. Minnesota Statutes 2008, 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 making a foster care placement for a
child whose custody has been transferred under this subdivision, the 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 or emotional disturbance as defined in section 245.4871, subdivision
15
, the court may order the child's parent, guardian, or custodian to provide it. The court
may order the child's health plan company to provide mental health services to the child.
Section 62Q.535 applies to an order for mental health services directed to the child's health
plan company. If the health plan, parent, guardian, or custodian fails or is unable to provide
this treatment or care, the court may order it provided. Absent specific written findings by
the court that the child's disability is the result of abuse or neglect by the child's parent or
guardian, the court shall not transfer legal custody of the child for the purpose of obtaining
special treatment or care solely because the parent is unable to provide the treatment or
care. If the court's order for mental health treatment is based on a diagnosis made by a
treatment professional, the court may order that the diagnosing professional not provide
the treatment to the child if it finds that such an order is in the child's best interests; or
(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 or 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. 30. Minnesota Statutes 2008, section 260C.201, subdivision 5, is amended to read:
    Subd. 5. Visitation. If the court orders that the child be placed outside of the child's
home or present residence into foster care, it shall set reasonable rules for the court shall
review and either modify or approve the agency's plan for supervised or unsupervised
parental visitation that contribute contributes to the objectives of the court order and
court-ordered case plan, the maintenance of the familial relationship, and that meets the
requirements of section 260C.212, subdivision 1, paragraph (c), clause (5). No parent may
be denied visitation unless the court finds at the disposition hearing that the visitation
would act to prevent the achievement of the order's objectives or that it would endanger
the child's physical or emotional well-being, is not in the child's best interests, or is not
required under section 260C.178, subdivision 3, paragraph (c) or (d). The court shall
set reasonable rules review and either modify or approve the agency plan for visitation
for any relatives as defined in section 260C.007, subdivision 27, and with siblings of the
child, if visitation is consistent with the best interests of the child.

    Sec. 31. Minnesota Statutes 2008, section 260C.212, subdivision 1, is amended to read:
    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to subdivision 8 or chapter 260D.
    (b) An out-of-home placement plan means a written document which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
child is an Indian child, the child's foster parent or representative of the residential facility,
and, where appropriate, the child. For a child in voluntary foster care for treatment under
chapter 260D, preparation of the out-of-home placement plan shall additionally include
the child's mental health treatment provider. As appropriate, the plan shall be:
    (1) submitted to the court for approval under section 260C.178, subdivision 7;
    (2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and
    (3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.
    (c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:
    (1) a description of the residential facility including how the out-of-home placement
plan is designed to achieve a safe placement for the child in the least restrictive, most
family-like, setting available which is in close proximity to the home of the parent or
parents or guardian of the child when the case plan goal is reunification, and how the
placement is consistent with the best interests and special needs of the child according to
the factors under subdivision 2, paragraph (b);
    (2) the specific reasons for the placement of the child in a residential facility, and
when reunification is the plan, a description of the problems or conditions in the home of
the parent or parents which necessitated removal of the child from home and the changes
the parent or parents must make in order for the child to safely return home;
    (3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:
    (i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and
    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;
    (4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;
    (5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in foster care, and whether visitation is consistent with the best interest of the
child, during the period the child is in foster care;
    (6) documentation of steps to finalize the adoption or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of the
only known, living parent of the child. At a minimum, the documentation must include
child-specific recruitment efforts such as relative search and the use of state, regional, and
national adoption exchanges to facilitate orderly and timely placements in and outside
of the state. A copy of this documentation shall be provided to the court in the review
required under section 260C.317, subdivision 3, paragraph (b);
    (7) efforts to ensure the child's educational stability while in foster care, including:
(i) efforts to ensure that the child in placement remains in the same school in
which the child was enrolled prior to placement, including efforts to work with the local
education authorities to ensure the child's educational stability; or
(ii) if it is not in the child's best interest to remain in the same school that the child
was enrolled in prior to placement, efforts to ensure immediate and appropriate enrollment
for the child in a new school;
(8) the health and educational records of the child including the most recent
information available regarding:
    (i) the names and addresses of the child's health and educational providers;
    (ii) the child's grade level performance;
    (iii) the child's school record;
    (iv) assurances that a statement about how the child's placement in foster care
takes into account proximity to the school in which the child is enrolled at the time
of placement; and
    (v) a record of the child's immunizations;
    (vi) the child's known medical problems, including any known communicable
diseases, as defined in section 144.4172, subdivision 2;
    (vii) the child's medications; and
    (viii) any other relevant health and education information;
(v) any other relevant educational information;
    (8) (9) the efforts by the local agency to ensure the oversight and continuity of health
care services for the foster child, including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, will be monitored and treated while the child is in foster care;
(iii) how the child's medical information will be updated and shared, including
the child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals
will be consulted and involved in assessing the health and well-being of the child and
determine the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;
(10) the health records of the child including information available regarding:
(i) the name and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;
(11) an independent living plan for a child age 16 or older who is in placement as
a result of a permanency disposition. The plan should include, but not be limited to,
the following objectives:
    (i) educational, vocational, or employment planning;
    (ii) health care planning and medical coverage;
    (iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;
    (iv) money management;
    (v) planning for housing;
    (vi) social and recreational skills; and
    (vii) establishing and maintaining connections with the child's family and
community; and
    (9) (12) for a child in voluntary foster care for treatment under chapter 260D,
diagnostic and assessment information, specific services relating to meeting the mental
health care needs of the child, and treatment outcomes.
    (d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.
    After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.
    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

    Sec. 32. Minnesota Statutes 2008, section 260C.212, subdivision 2, is amended to read:
    Subd. 2. Placement decisions based on best interest of the child. (a) The policy
of the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in
a family foster home selected by considering placement with relatives and important
friends in the following order:
    (1) with an individual who is related to the child by blood, marriage, or adoption; or
    (2) with an individual who is an important friend with whom the child has resided or
had significant contact.
    (b) Among the factors the agency shall consider in determining the needs of the
child are the following:
    (1) the child's current functioning and behaviors;
    (2) the medical, educational, and developmental needs of the child;
    (3) the child's history and past experience;
    (4) the child's religious and cultural needs;
    (5) the child's connection with a community, school, and church faith community;
    (6) the child's interests and talents;
    (7) the child's relationship to current caretakers, parents, siblings, and relatives; and
    (8) the reasonable preference of the child, if the court, or the child-placing agency
in the case of a voluntary placement, deems the child to be of sufficient age to express
preferences.
    (c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.
    (d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is determined not to be in the best interests of a sibling documented
that a joint placement would be contrary to the safety or well-being of any of the siblings
or unless it is not possible after appropriate reasonable efforts by the responsible social
services agency. In cases where siblings cannot be placed together, the agency is required
to provide frequent visitation or other ongoing interaction between siblings unless the
agency documents that the interaction would be contrary to the safety or well-being of
any of the siblings.
    (e) Except for emergency placement as provided for in section 245A.035, a
completed background study is required under section 245C.08 before the approval of a
foster placement in a related or unrelated home.

    Sec. 33. Minnesota Statutes 2008, section 260C.212, subdivision 4a, is amended to
read:
    Subd. 4a. Monthly caseworker visits. (a) Every child in foster care or on a trial
home visit shall be visited by the child's caseworker on a monthly basis, with the majority
of visits occurring in the child's residence. For the purposes of this section, the following
definitions apply:
    (1) "visit" is defined as a face-to-face contact between a child and the child's
caseworker;
    (2) "visited on a monthly basis" is defined as at least one visit per calendar month;
    (3) "the child's caseworker" is defined as the person who has responsibility for
managing the child's foster care placement case as assigned by the responsible social
service agency; and
    (4) "the child's residence" is defined as the home where the child is residing, and
can include the foster home, child care institution, or the home from which the child was
removed if the child is on a trial home visit.
    (b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child, including whether the child is enrolled and attending school
as required by law.

    Sec. 34. Minnesota Statutes 2008, section 260C.212, subdivision 5, is amended to read:
    Subd. 5. Relative search. (a) In implementing the requirement that the responsible
social services agency must The responsible social services agency shall exercise due
diligence to identify and notify adult relatives prior to placement or within 30 days after
the child's removal from the parent. The county agency shall consider placement with a
relative under subdivision 2 without delay after identifying the need for placement of the
child in foster care, the responsible social services agency shall identify relatives of the
child and notify them of the need for a foster care home for the child and of the possibility
of the need for a permanent out-of-home placement of the child. The relative search
required by this section shall be reasonable and comprehensive in scope and may last up
to six months or until a fit and willing relative is identified. The relative search required by
this section shall include both maternal relatives of the child and paternal relatives of the
child, if paternity is adjudicated. The relatives must be notified that they must:
(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and the possibility of the need for a permanent placement for the
child;
(2) of their responsibility to keep the responsible social services agency informed of
their current address in order to receive notice in the event that a permanent placement
is being sought for the child. A relative who fails to provide a current address to the
responsible social services agency forfeits the right to notice of the possibility of
permanent placement. A decision by a relative not to be a placement resource at the
beginning of the case shall not affect whether the relative is considered for placement of
the child with that relative later.;
(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the notice;
and
(4) of the family foster care licensing requirements, including how to complete an
application and how to request a variance from licensing standards that do not present a
safety or health risk to the child in the home under section 245A.04 and supports that are
available for relatives and children who reside in a family foster home.
(b) A responsible social services agency may disclose private or confidential data,
as defined in section 13.02, to relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is necessary to facilitate possible
placement with relatives. If the child's parent refuses to give the responsible social
services agency information sufficient to identify the maternal and paternal relatives of the
child, the agency shall ask the juvenile court to order the parent to provide the necessary
information. If a parent makes an explicit request that relatives or a specific relative not be
contacted or considered for placement, the agency shall bring the parent's request to the
attention of the court to determine whether the parent's request is consistent with the best
interests of the child and the agency shall not contact relatives or a specific relative unless
authorized to do so by the juvenile court.
(c) When the placing agency determines that a permanent placement hearing is
necessary because there is a likelihood that the child will not return to a parent's care, the
agency may send the notice provided in paragraph (d), may ask the court to modify the
requirements of the agency under this paragraph, or may ask the court to completely
relieve the agency of the requirements of this paragraph. The relative notification
requirements of this paragraph do not apply when the child is placed with an appropriate
relative or a foster home that has committed to being the permanent legal placement for
the child and the agency approves of that foster home for permanent placement of the
child. The actions ordered by the court under this section must be consistent with the best
interests, safety, and welfare of the child.
(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the
court under paragraph (c), when the agency determines that it is necessary to prepare for
the permanent placement determination hearing, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to the relatives, any adult with
whom the child is currently residing, any adult with whom the child has resided for one
year or longer in the past, and any adults who have maintained a relationship or exercised
visitation with the child as identified in the agency case plan. The notice must state that a
permanent home is sought for the child and that the individuals receiving the notice may
indicate to the agency their interest in providing a permanent home. The notice must state
that within 30 days of receipt of the notice an individual receiving the notice must indicate
to the agency the individual's interest in providing a permanent home for the child or that
the individual may lose the opportunity to be considered for a permanent placement.
(e) The Department of Human Services shall develop a best practices guide and
specialized staff training to assist the responsible social services agency in performing and
complying with the relative search requirements under this subdivision.

    Sec. 35. Minnesota Statutes 2008, section 260C.212, subdivision 7, is amended to read:
    Subd. 7. Administrative or court review of placements. (a) There shall be an
administrative review of the out-of-home placement plan of each child placed in foster
care no later than 180 days after the initial placement of the child in foster care and at least
every six months thereafter if the child is not returned to the home of the parent or parents
within that time. The out-of-home placement plan must be monitored and updated at each
administrative review. The administrative review shall be conducted by the responsible
social services agency using a panel of appropriate persons at least one of whom is not
responsible for the case management of, or the delivery of services to, either the child or
the parents who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as appropriate.
    (b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d).
The party requesting review of the out-of-home placement plan shall give parties to the
proceeding notice of the request to review and update the out-of-home placement plan.
A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
260C.141, subdivision 2 or 2a, clause (2); or 260C.317 shall satisfy the requirement for
the review so long as the other requirements of this section are met.
    (c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:
    (1) the safety, permanency needs, and well-being of the child;
    (2) the continuing necessity for and appropriateness of the placement;
    (3) the extent of compliance with the out-of-home placement plan;
    (4) the extent of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care;
    (5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and
    (6) the appropriateness of the services provided to the child.
    (d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the review required under section 260C.201, subdivision 11,
paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall
review the independent living plan required under subdivision 1, paragraph (c), clause
(8), and the provision of services to the child related to the well-being of the child as the
child prepares to leave foster care. The review shall include the actual plans related to
each item in the plan necessary to the child's future safety and well-being when the child is
no longer in foster care.
    (1) At the court review, the responsible social services agency shall establish that it
has given the notice required under Minnesota Rules, part 9560.0060, regarding the right
to continued access to services for certain children in foster care past age 18 and of the
right to appeal a denial of social services under section 256.245. If the agency is unable
to establish that the notice, including the right to appeal a denial of social services, has
been given, the court shall require the agency to give it.
    (2) The court shall make findings regarding progress toward or accomplishment of
the following goals:
    (i) the child has obtained a high school diploma or its equivalent;
    (ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;
    (iii) the child is employed or enrolled in postsecondary education;
    (iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;
    (v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
    (vi) the child has applied for and obtained disability income assistance for which
the child is eligible;
    (vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;
    (viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;
    (ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;
    (x) the child, if male, has registered for the Selective Service; and
    (xi) the child has a permanent connection to a caring adult.
    (3) The court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.
(e) When a child is age 17 or older, during the 90-day period immediately prior to
the date the child is expected to be discharged from foster care, the responsible social
services agency is required to provide the child with assistance and support in developing
a transition plan that is personalized at the direction of the child. The transition plan
must be as detailed as the child may elect and include specific options on housing, health
insurance, education, local opportunities for mentors and continuing support services, and
work force supports and employment services.

    Sec. 36. Minnesota Statutes 2008, section 260D.02, subdivision 5, is amended to read:
    Subd. 5. Child in voluntary foster care for treatment. "Child in voluntary foster
care for treatment" means a child who is emotionally disturbed or developmentally
disabled or has a related condition and is in foster care under a voluntary foster care
agreement between the child's parent and the agency due to concurrence between the
agency and the parent that the child's level of care requires placement in foster care either
when it is determined that foster care is medically necessary:
    (1) due to a determination by the agency's screening team based on its review of the
diagnostic and functional assessment under section 245.4885; or
    (2) due to a determination by the agency's screening team under section 256B.092
and Minnesota Rules, parts 9525.0004 to 9525.0016.
    A child is not in voluntary foster care for treatment under this chapter when there
is a current determination under section 626.556 that the child requires child protective
services or when the child is in foster care for any reason other than the child's emotional
or developmental disability or related condition.

    Sec. 37. Minnesota Statutes 2008, section 260D.03, subdivision 1, is amended to read:
    Subdivision 1. Voluntary foster care. When the agency's screening team, based
upon the diagnostic and functional assessment under section 245.4885 or medical
necessity screenings under section 256B.092, subdivision 7, determines the child's
need for treatment due to emotional disturbance or developmental disability or related
condition requires foster care placement of the child, a voluntary foster care agreement
between the child's parent and the agency gives the agency legal authority to place the
child in foster care.

    Sec. 38. Minnesota Statutes 2008, section 484.76, subdivision 2, is amended to read:
    Subd. 2. Scope. Alternative dispute resolution methods provided for under the rules
must include arbitration, private trials, neutral expert fact-finding, mediation, minitrials,
consensual special magistrates including retired judges and qualified attorneys to serve
as special magistrates for binding proceedings with a right of appeal, and any other
methods developed by the Supreme Court. The methods provided must be nonbinding
unless otherwise agreed to in a valid agreement between the parties. Alternative dispute
resolution may not be required in guardianship, conservatorship, or civil commitment
matters; proceedings in the juvenile court under chapter 260; or in matters arising under
section 144.651, 144.652, 518B.01, or 626.557.

    Sec. 39. REPEALER.
Minnesota Rules, parts 9560.0081; 9560.0083, subparts 1, 5, and 6; and 9560.0091,
subpart 4, item C, are repealed.
Presented to the governor May 20, 2009
Signed by the governor May 22, 2009, 4:02 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569