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2001 Minnesota Session Laws

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                            CHAPTER 178-S.F.No. 1394 
                  An act relating to human services; changing child 
                  placement provisions; modifying provisions governing 
                  child maltreatment investigations; classifying data 
                  and authorizing data sharing; imposing certain duties; 
                  requiring a study and report; amending Minnesota 
                  Statutes 2000, sections 13.319, by adding a 
                  subdivision; 13.32, subdivision 3; 13.43, by adding a 
                  subdivision; 13.46, subdivision 2; 119B.02, by adding 
                  a subdivision; 144.225, by adding a subdivision; 
                  256.01, subdivision 2; 256.045, subdivision 3b; 
                  260.012; 260C.007, subdivisions 4, 14, by adding 
                  subdivisions; 260C.141, subdivision 2; 260C.151, 
                  subdivision 6; 260C.178, subdivisions 1, 7; 260C.193, 
                  subdivision 3; 260C.201, subdivisions 1, 2, 5, 6, 7, 
                  10, 11, by adding a subdivision; 260C.205; 260C.212, 
                  subdivisions 1, 2, 4, 5, 7, 8, 9; 260C.215, 
                  subdivision 6; 260C.301, subdivisions 1, 3, 4, 8; 
                  260C.312; 260C.317, subdivision 3; 260C.325, 
                  subdivision 4; 626.556, subdivisions 2, 3, 4, 7, 10, 
                  10b, 10d, 10e, 10i, 10j, 11; proposing coding for new 
                  law in Minnesota Statutes, chapter 256F; repealing 
                  Minnesota Statutes 2000, sections 260C.325, 
                  subdivision 2; 626.5565. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                                CHILD PLACEMENT
           Section 1.  Minnesota Statutes 2000, section 144.225, is 
        amended by adding a subdivision to read: 
           Subd. 2b.  [COMMISSIONER OF HEALTH; 
        DUTIES.] Notwithstanding the designation of certain of this data 
        as confidential under subdivision 2 or private under subdivision 
        2a, the commissioner shall give the commissioner of human 
        services access to birth record data and data contained in 
        recognitions of parentage prepared according to section 257.75 
        necessary to enable the commissioner of human services to 
        identify a child who is subject to threatened injury, as defined 
        in section 626.556, subdivision 2, paragraph (l), by a person 
        responsible for the child's care, as defined in section 626.556, 
        subdivision 2, paragraph (b), clause (1).  The commissioner 
        shall be given access to all data included on official birth 
        certificates. 
           Sec. 2.  Minnesota Statutes 2000, section 256.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
        section 241.021, subdivision 2, the commissioner of human 
        services shall: 
           (1) Administer and supervise all forms of public assistance 
        provided for by state law and other welfare activities or 
        services as are vested in the commissioner.  Administration and 
        supervision of human services activities or services includes, 
        but is not limited to, assuring timely and accurate distribution 
        of benefits, completeness of service, and quality program 
        management.  In addition to administering and supervising human 
        services activities vested by law in the department, the 
        commissioner shall have the authority to: 
           (a) require county agency participation in training and 
        technical assistance programs to promote compliance with 
        statutes, rules, federal laws, regulations, and policies 
        governing human services; 
           (b) monitor, on an ongoing basis, the performance of county 
        agencies in the operation and administration of human services, 
        enforce compliance with statutes, rules, federal laws, 
        regulations, and policies governing welfare services and promote 
        excellence of administration and program operation; 
           (c) develop a quality control program or other monitoring 
        program to review county performance and accuracy of benefit 
        determinations; 
           (d) require county agencies to make an adjustment to the 
        public assistance benefits issued to any individual consistent 
        with federal law and regulation and state law and rule and to 
        issue or recover benefits as appropriate; 
           (e) delay or deny payment of all or part of the state and 
        federal share of benefits and administrative reimbursement 
        according to the procedures set forth in section 256.017; 
           (f) make contracts with and grants to public and private 
        agencies and organizations, both profit and nonprofit, and 
        individuals, using appropriated funds; and 
           (g) enter into contractual agreements with federally 
        recognized Indian tribes with a reservation in Minnesota to the 
        extent necessary for the tribe to operate a federally approved 
        family assistance program or any other program under the 
        supervision of the commissioner.  The commissioner shall consult 
        with the affected county or counties in the contractual 
        agreement negotiations, if the county or counties wish to be 
        included, in order to avoid the duplication of county and tribal 
        assistance program services.  The commissioner may establish 
        necessary accounts for the purposes of receiving and disbursing 
        funds as necessary for the operation of the programs. 
           (2) Inform county agencies, on a timely basis, of changes 
        in statute, rule, federal law, regulation, and policy necessary 
        to county agency administration of the programs. 
           (3) Administer and supervise all child welfare activities; 
        promote the enforcement of laws protecting handicapped, 
        dependent, neglected and delinquent children, and children born 
        to mothers who were not married to the children's fathers at the 
        times of the conception nor at the births of the children; 
        license and supervise child-caring and child-placing agencies 
        and institutions; supervise the care of children in boarding and 
        foster homes or in private institutions; and generally perform 
        all functions relating to the field of child welfare now vested 
        in the state board of control. 
           (4) Administer and supervise all noninstitutional service 
        to handicapped persons, including those who are visually 
        impaired, hearing impaired, or physically impaired or otherwise 
        handicapped.  The commissioner may provide and contract for the 
        care and treatment of qualified indigent children in facilities 
        other than those located and available at state hospitals when 
        it is not feasible to provide the service in state hospitals. 
           (5) Assist and actively cooperate with other departments, 
        agencies and institutions, local, state, and federal, by 
        performing services in conformity with the purposes of Laws 
        1939, chapter 431. 
           (6) Act as the agent of and cooperate with the federal 
        government in matters of mutual concern relative to and in 
        conformity with the provisions of Laws 1939, chapter 431, 
        including the administration of any federal funds granted to the 
        state to aid in the performance of any functions of the 
        commissioner as specified in Laws 1939, chapter 431, and 
        including the promulgation of rules making uniformly available 
        medical care benefits to all recipients of public assistance, at 
        such times as the federal government increases its participation 
        in assistance expenditures for medical care to recipients of 
        public assistance, the cost thereof to be borne in the same 
        proportion as are grants of aid to said recipients. 
           (7) Establish and maintain any administrative units 
        reasonably necessary for the performance of administrative 
        functions common to all divisions of the department. 
           (8) Act as designated guardian of both the estate and the 
        person of all the wards of the state of Minnesota, whether by 
        operation of law or by an order of court, without any further 
        act or proceeding whatever, except as to persons committed as 
        mentally retarded.  For children under the guardianship of the 
        commissioner whose interests would be best served by adoptive 
        placement, the commissioner may contract with a licensed 
        child-placing agency or a Minnesota tribal social services 
        agency to provide adoption services.  A contract with a licensed 
        child-placing agency must be designed to supplement existing 
        county efforts and may not replace existing county programs, 
        unless the replacement is agreed to by the county board and the 
        appropriate exclusive bargaining representative or the 
        commissioner has evidence that child placements of the county 
        continue to be substantially below that of other counties.  
        Funds encumbered and obligated under an agreement for a specific 
        child shall remain available until the terms of the agreement 
        are fulfilled or the agreement is terminated. 
           (9) Act as coordinating referral and informational center 
        on requests for service for newly arrived immigrants coming to 
        Minnesota. 
           (10) The specific enumeration of powers and duties as 
        hereinabove set forth shall in no way be construed to be a 
        limitation upon the general transfer of powers herein contained. 
           (11) Establish county, regional, or statewide schedules of 
        maximum fees and charges which may be paid by county agencies 
        for medical, dental, surgical, hospital, nursing and nursing 
        home care and medicine and medical supplies under all programs 
        of medical care provided by the state and for congregate living 
        care under the income maintenance programs. 
           (12) Have the authority to conduct and administer 
        experimental projects to test methods and procedures of 
        administering assistance and services to recipients or potential 
        recipients of public welfare.  To carry out such experimental 
        projects, it is further provided that the commissioner of human 
        services is authorized to waive the enforcement of existing 
        specific statutory program requirements, rules, and standards in 
        one or more counties.  The order establishing the waiver shall 
        provide alternative methods and procedures of administration, 
        shall not be in conflict with the basic purposes, coverage, or 
        benefits provided by law, and in no event shall the duration of 
        a project exceed four years.  It is further provided that no 
        order establishing an experimental project as authorized by the 
        provisions of this section shall become effective until the 
        following conditions have been met: 
           (a) The secretary of health and human services of the 
        United States has agreed, for the same project, to waive state 
        plan requirements relative to statewide uniformity. 
           (b) A comprehensive plan, including estimated project 
        costs, shall be approved by the legislative advisory commission 
        and filed with the commissioner of administration.  
           (13) According to federal requirements, establish 
        procedures to be followed by local welfare boards in creating 
        citizen advisory committees, including procedures for selection 
        of committee members. 
           (14) Allocate federal fiscal disallowances or sanctions 
        which are based on quality control error rates for the aid to 
        families with dependent children program formerly codified in 
        sections 256.72 to 256.87, medical assistance, or food stamp 
        program in the following manner:  
           (a) One-half of the total amount of the disallowance shall 
        be borne by the county boards responsible for administering the 
        programs.  For the medical assistance and the AFDC program 
        formerly codified in sections 256.72 to 256.87, disallowances 
        shall be shared by each county board in the same proportion as 
        that county's expenditures for the sanctioned program are to the 
        total of all counties' expenditures for the AFDC program 
        formerly codified in sections 256.72 to 256.87, and medical 
        assistance programs.  For the food stamp program, sanctions 
        shall be shared by each county board, with 50 percent of the 
        sanction being distributed to each county in the same proportion 
        as that county's administrative costs for food stamps are to the 
        total of all food stamp administrative costs for all counties, 
        and 50 percent of the sanctions being distributed to each county 
        in the same proportion as that county's value of food stamp 
        benefits issued are to the total of all benefits issued for all 
        counties.  Each county shall pay its share of the disallowance 
        to the state of Minnesota.  When a county fails to pay the 
        amount due hereunder, the commissioner may deduct the amount 
        from reimbursement otherwise due the county, or the attorney 
        general, upon the request of the commissioner, may institute 
        civil action to recover the amount due. 
           (b) Notwithstanding the provisions of paragraph (a), if the 
        disallowance results from knowing noncompliance by one or more 
        counties with a specific program instruction, and that knowing 
        noncompliance is a matter of official county board record, the 
        commissioner may require payment or recover from the county or 
        counties, in the manner prescribed in paragraph (a), an amount 
        equal to the portion of the total disallowance which resulted 
        from the noncompliance, and may distribute the balance of the 
        disallowance according to paragraph (a).  
           (15) Develop and implement special projects that maximize 
        reimbursements and result in the recovery of money to the 
        state.  For the purpose of recovering state money, the 
        commissioner may enter into contracts with third parties.  Any 
        recoveries that result from projects or contracts entered into 
        under this paragraph shall be deposited in the state treasury 
        and credited to a special account until the balance in the 
        account reaches $1,000,000.  When the balance in the account 
        exceeds $1,000,000, the excess shall be transferred and credited 
        to the general fund.  All money in the account is appropriated 
        to the commissioner for the purposes of this paragraph. 
           (16) Have the authority to make direct payments to 
        facilities providing shelter to women and their children 
        according to section 256D.05, subdivision 3.  Upon the written 
        request of a shelter facility that has been denied payments 
        under section 256D.05, subdivision 3, the commissioner shall 
        review all relevant evidence and make a determination within 30 
        days of the request for review regarding issuance of direct 
        payments to the shelter facility.  Failure to act within 30 days 
        shall be considered a determination not to issue direct payments.
           (17) Have the authority to establish and enforce the 
        following county reporting requirements:  
           (a) The commissioner shall establish fiscal and statistical 
        reporting requirements necessary to account for the expenditure 
        of funds allocated to counties for human services programs.  
        When establishing financial and statistical reporting 
        requirements, the commissioner shall evaluate all reports, in 
        consultation with the counties, to determine if the reports can 
        be simplified or the number of reports can be reduced. 
           (b) The county board shall submit monthly or quarterly 
        reports to the department as required by the commissioner.  
        Monthly reports are due no later than 15 working days after the 
        end of the month.  Quarterly reports are due no later than 30 
        calendar days after the end of the quarter, unless the 
        commissioner determines that the deadline must be shortened to 
        20 calendar days to avoid jeopardizing compliance with federal 
        deadlines or risking a loss of federal funding.  Only reports 
        that are complete, legible, and in the required format shall be 
        accepted by the commissioner.  
           (c) If the required reports are not received by the 
        deadlines established in clause (b), the commissioner may delay 
        payments and withhold funds from the county board until the next 
        reporting period.  When the report is needed to account for the 
        use of federal funds and the late report results in a reduction 
        in federal funding, the commissioner shall withhold from the 
        county boards with late reports an amount equal to the reduction 
        in federal funding until full federal funding is received.  
           (d) A county board that submits reports that are late, 
        illegible, incomplete, or not in the required format for two out 
        of three consecutive reporting periods is considered 
        noncompliant.  When a county board is found to be noncompliant, 
        the commissioner shall notify the county board of the reason the 
        county board is considered noncompliant and request that the 
        county board develop a corrective action plan stating how the 
        county board plans to correct the problem.  The corrective 
        action plan must be submitted to the commissioner within 45 days 
        after the date the county board received notice of noncompliance.
           (e) The final deadline for fiscal reports or amendments to 
        fiscal reports is one year after the date the report was 
        originally due.  If the commissioner does not receive a report 
        by the final deadline, the county board forfeits the funding 
        associated with the report for that reporting period and the 
        county board must repay any funds associated with the report 
        received for that reporting period. 
           (f) The commissioner may not delay payments, withhold 
        funds, or require repayment under paragraph (c) or (e) if the 
        county demonstrates that the commissioner failed to provide 
        appropriate forms, guidelines, and technical assistance to 
        enable the county to comply with the requirements.  If the 
        county board disagrees with an action taken by the commissioner 
        under paragraph (c) or (e), the county board may appeal the 
        action according to sections 14.57 to 14.69. 
           (g) Counties subject to withholding of funds under 
        paragraph (c) or forfeiture or repayment of funds under 
        paragraph (e) shall not reduce or withhold benefits or services 
        to clients to cover costs incurred due to actions taken by the 
        commissioner under paragraph (c) or (e). 
           (18) Allocate federal fiscal disallowances or sanctions for 
        audit exceptions when federal fiscal disallowances or sanctions 
        are based on a statewide random sample for the foster care 
        program under title IV-E of the Social Security Act, United 
        States Code, title 42, in direct proportion to each county's 
        title IV-E foster care maintenance claim for that period. 
           (19) Be responsible for ensuring the detection, prevention, 
        investigation, and resolution of fraudulent activities or 
        behavior by applicants, recipients, and other participants in 
        the human services programs administered by the department. 
           (20) Require county agencies to identify overpayments, 
        establish claims, and utilize all available and cost-beneficial 
        methodologies to collect and recover these overpayments in the 
        human services programs administered by the department. 
           (21) Have the authority to administer a drug rebate program 
        for drugs purchased pursuant to the prescription drug program 
        established under section 256.955 after the beneficiary's 
        satisfaction of any deductible established in the program.  The 
        commissioner shall require a rebate agreement from all 
        manufacturers of covered drugs as defined in section 256B.0625, 
        subdivision 13.  Rebate agreements for prescription drugs 
        delivered on or after July 1, 2002, must include rebates for 
        individuals covered under the prescription drug program who are 
        under 65 years of age.  For each drug, the amount of the rebate 
        shall be equal to the basic rebate as defined for purposes of 
        the federal rebate program in United States Code, title 42, 
        section 1396r-8(c)(1).  This basic rebate shall be applied to 
        single-source and multiple-source drugs.  The manufacturers must 
        provide full payment within 30 days of receipt of the state 
        invoice for the rebate within the terms and conditions used for 
        the federal rebate program established pursuant to section 1927 
        of title XIX of the Social Security Act.  The manufacturers must 
        provide the commissioner with any information necessary to 
        verify the rebate determined per drug.  The rebate program shall 
        utilize the terms and conditions used for the federal rebate 
        program established pursuant to section 1927 of title XIX of the 
        Social Security Act. 
           (22) Operate the department's communication systems account 
        established in Laws 1993, First Special Session chapter 1, 
        article 1, section 2, subdivision 2, to manage shared 
        communication costs necessary for the operation of the programs 
        the commissioner supervises.  A communications account may also 
        be established for each regional treatment center which operates 
        communications systems.  Each account must be used to manage 
        shared communication costs necessary for the operations of the 
        programs the commissioner supervises.  The commissioner may 
        distribute the costs of operating and maintaining communication 
        systems to participants in a manner that reflects actual usage. 
        Costs may include acquisition, licensing, insurance, 
        maintenance, repair, staff time and other costs as determined by 
        the commissioner.  Nonprofit organizations and state, county, 
        and local government agencies involved in the operation of 
        programs the commissioner supervises may participate in the use 
        of the department's communications technology and share in the 
        cost of operation.  The commissioner may accept on behalf of the 
        state any gift, bequest, devise or personal property of any 
        kind, or money tendered to the state for any lawful purpose 
        pertaining to the communication activities of the department.  
        Any money received for this purpose must be deposited in the 
        department's communication systems accounts.  Money collected by 
        the commissioner for the use of communication systems must be 
        deposited in the state communication systems account and is 
        appropriated to the commissioner for purposes of this section. 
           (23) Receive any federal matching money that is made 
        available through the medical assistance program for the 
        consumer satisfaction survey.  Any federal money received for 
        the survey is appropriated to the commissioner for this 
        purpose.  The commissioner may expend the federal money received 
        for the consumer satisfaction survey in either year of the 
        biennium. 
           (24) Incorporate cost reimbursement claims from First Call 
        Minnesota into the federal cost reimbursement claiming processes 
        of the department according to federal law, rule, and 
        regulations.  Any reimbursement received is appropriated to the 
        commissioner and shall be disbursed to First Call Minnesota 
        according to normal department payment schedules. 
           (25) Develop recommended standards for foster care homes 
        that address the components of specialized therapeutic services 
        to be provided by foster care homes with those services. 
           Sec. 3.  [256F.14] [FAMILY GROUP DECISION-MAKING.] 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section, family includes relatives of the child.  "Relative" 
        means an adult who is a stepparent, grandparent, brother, 
        sister, uncle, aunt, or other extended family member of the 
        minor by blood, marriage, or adoption.  Relative also includes 
        anyone with whom the child has resided or had a significant 
        relationship. 
           For an Indian child, "relative" includes members of the 
        extended family as defined by the law or custom of the Indian 
        child's tribe or, in the absence of law or custom, nieces, 
        nephews, or first or second cousins, as provided in the Indian 
        Child Welfare Act of 1978, United States Code, title 25, section 
        1903. 
           (b) For purposes of this section, "relative care" means one 
        or more of the following:  respite care, a monitoring agreement, 
        a designated caregiver agreement under chapter 257A, access to 
        information about a child, the right to make decisions about a 
        child's residence, education, religious training, or health 
        care, a custody consent decree under section 257.0215, or joint 
        or sole legal or physical custody of a child.  Relative care may 
        also mean the voluntary establishment of an order permanently 
        placing the child away from the care of the parent under section 
        260C.201, subdivision 11. 
           (c) For purposes of this section, "relative care agreement" 
        means an agreement regarding the care of a child that has been 
        reached by the parents and interested relatives of the child 
        after the parents and interested relatives have participated in 
        a family group decision-making meeting under this section.  It 
        may include relative care, the provision of services by the 
        responsible social services agency, or any other legally 
        available plan that protects the safety and stability of the 
        child. 
           Subd. 2.  [FAMILY GROUP DECISION-MAKING MEETING.] A 
        responsible social services agency may proceed under this 
        section if it appears at any point in a particular case that a 
        family group decision-making meeting may be in the best 
        interests of the child.  The responsible social services agency 
        may select a facilitator to convene and facilitate such a 
        meeting.  
           The purpose of the family group decision-making meeting is 
        to have the parent or parents and relatives of a child develop a 
        plan to provide for the safety and stability of the child.  The 
        outcome of a family group decision-making meeting may be a 
        relative care agreement or any other agreement between the 
        parents, the relatives, and, where appropriate, the child and 
        the responsible social services agency that addresses the safety 
        and permanency needs of the child including an agreement to 
        voluntarily establish an order permanently placing the child out 
        of the care of the parent under section 260C.201, subdivision 11.
           Subd. 3.  [FACILITATOR TRAINING; IMMUNITY.] A facilitator 
        must receive 12 hours of training in family group 
        decision-making or similar training prior to facilitating a 
        family group decision-making meeting.  A facilitator who 
        complies with the training requirement of this subdivision and 
        acts in good faith has immunity from criminal or civil liability 
        that might otherwise arise from the actions of the facilitator 
        in convening or facilitating a family group decision-making 
        meeting. 
           Sec. 4.  Minnesota Statutes 2000, section 260.012, is 
        amended to read: 
           260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
        REUNIFICATION; REASONABLE EFFORTS.] 
           (a) Once a child alleged to be in need of protection or 
        services is under the court's jurisdiction, the court shall 
        ensure that reasonable efforts including culturally appropriate 
        services by the social services agency are made to prevent 
        placement or to eliminate the need for removal and to reunite 
        the child with the child's family at the earliest possible time, 
        consistent with the best interests, safety, and protection of 
        the child.  In determining reasonable efforts to be made with 
        respect to a child and in making those reasonable efforts, the 
        child's health and safety must be of paramount concern.  
        Reasonable efforts for rehabilitation and reunification are not 
        required upon a determination by the court that: 
           (1) a termination of parental rights petition has been 
        filed stating a prima facie case that: 
           (i) the parent has subjected a child to egregious harm as 
        defined in section 260C.007, subdivision 26; 
           (ii) the parental rights of the parent to another child 
        have been terminated involuntarily; or 
           (iii) the child is an abandoned infant under section 
        260C.301, subdivision 2, paragraph (a), clause (2); or 
           (iv) the parent's custodial rights to another child have 
        been involuntarily transferred to a relative under section 
        260C.201, subdivision 11, paragraph (e), clause (1), or a 
        similar law of another jurisdiction; 
           (2) the county attorney has filed a determination not to 
        proceed with a termination of parental rights petition on these 
        grounds was made under section 260C.301, subdivision 3, 
        paragraph (b), and a permanency hearing is held within 30 days 
        of the determination; or 
           (3) a termination of parental rights petition or other 
        petition according to section 260C.201, subdivision 11, has been 
        filed alleging a prima facie case that the provision of services 
        or further services for the purpose of reunification is futile 
        and therefore unreasonable under the circumstances. 
           In the case of an Indian child, in proceedings under 
        sections 260B.178 or 260C.178, 260C.201, and 260C.301 the 
        juvenile court must make findings and conclusions consistent 
        with the Indian Child Welfare Act of 1978, United States Code, 
        title 25, section 1901 et seq., as to the provision of active 
        efforts.  If a child is under the court's delinquency 
        jurisdiction, it shall be the duty of the court to ensure that 
        reasonable efforts are made to reunite the child with the 
        child's family at the earliest possible time, consistent with 
        the best interests of the child and the safety of the public. 
           (b) "Reasonable efforts" means the exercise of due 
        diligence by the responsible social services agency to use 
        appropriate and available services to meet the needs of the 
        child and the child's family in order to prevent removal of the 
        child from the child's family; or upon removal, services to 
        eliminate the need for removal and reunite the family.  
           (1) Services may include those listed under section 
        256F.07, subdivision 3, and other appropriate services available 
        in the community.  
           (2) At each stage of the proceedings where the court is 
        required to review the appropriateness of the responsible social 
        services agency's reasonable efforts, the social services agency 
        has the burden of demonstrating that it has made reasonable 
        efforts, or that provision of services or further services for 
        the purpose of rehabilitation and reunification is futile and 
        therefore unreasonable under the circumstances or that 
        reasonable efforts aimed at reunification are not required under 
        this section.  The agency may meet this burden by stating facts 
        in a sworn petition filed under section 260C.141, or by filing 
        an affidavit summarizing the agency's reasonable efforts or 
        facts the agency believes demonstrate there is no need for 
        reasonable efforts to reunify the parent and child. 
           (3) No reasonable efforts for reunification are required 
        when the court makes a determination under paragraph (a) unless, 
        after a hearing according to section 260C.163, the court finds 
        there is not clear and convincing evidence of the facts upon 
        which the court based its prima facie determination.  In this 
        case, the court may proceed under section 260C.312.  
        Reunification of a surviving child with a parent is not required 
        if the parent has been convicted of: 
           (i) a violation of, or an attempt or conspiracy to commit a 
        violation of, sections 609.185 to 609.20; 609.222, subdivision 
        2; or 609.223 in regard to another child of the parent; 
           (ii) a violation of section 609.222, subdivision 2; or 
        609.223, in regard to the surviving child; or 
           (iii) a violation of, or an attempt or conspiracy to commit 
        a violation of, United States Code, title 18, section 1111(a) or 
        1112(a), in regard to another child of the parent. 
           (c) The juvenile court, in proceedings under sections 
        260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings 
        and conclusions as to the provision of reasonable efforts.  When 
        determining whether reasonable efforts have been made, the court 
        shall consider whether services to the child and family were: 
           (1) relevant to the safety and protection of the child; 
           (2) adequate to meet the needs of the child and family; 
           (3) culturally appropriate; 
           (4) available and accessible; 
           (5) consistent and timely; and 
           (6) realistic under the circumstances. 
           In the alternative, the court may determine that provision 
        of services or further services for the purpose of 
        rehabilitation is futile and therefore unreasonable under the 
        circumstances or that reasonable efforts are not required as 
        provided in paragraph (a). 
           (d) This section does not prevent out-of-home placement for 
        treatment of a child with a mental disability when the child's 
        diagnostic assessment or individual treatment plan indicates 
        that appropriate and necessary treatment cannot be effectively 
        provided outside of a residential or inpatient treatment program.
           (e) If continuation of reasonable efforts described in 
        paragraph (b) is determined by the court to be inconsistent with 
        the permanent plan for the child, or upon a determination under 
        paragraph (a), reasonable efforts must be made to place the 
        child in a timely manner in accordance with the permanent plan 
        ordered by the court and to complete whatever steps are 
        necessary to finalize the permanent plan for the child.  
           (f) Reasonable efforts to place a child for adoption or in 
        another permanent placement may be made concurrently with 
        reasonable efforts as described in paragraphs (a) and (b).  When 
        the responsible social services agency decides to concurrently 
        make reasonable efforts for both reunification and permanent 
        placement away from the parent under paragraphs (a) and (b), the 
        agency shall disclose its decision and both plans for concurrent 
        reasonable efforts to all parties and the court.  When the 
        agency discloses its decision to proceed on both plans for 
        reunification and permanent placement away from the parent, the 
        court's review of the agency's reasonable efforts shall include 
        the agency's efforts under paragraphs (a) and (b). 
           Sec. 5.  Minnesota Statutes 2000, section 260C.007, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [CASE PLAN.] "Case plan" means any plan for the 
        delivery of services to a child and parent or guardian, or, when 
        reunification is not required, the child alone, that is 
        developed according to the requirements of section 245.4871, 
        subdivision 19 or 21; 245.492, subdivision 16; 256B.092; 
        256E.08; 260C.212, subdivision 1; or 626.556, subdivision 10. 
           Sec. 6.  Minnesota Statutes 2000, section 260C.007, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 
        in need of protection or services" means a child who is in need 
        of protection or services because the child: 
           (1) is abandoned or without parent, guardian, or custodian; 
           (2)(i) has been a victim of physical or sexual abuse, (ii) 
        resides with or has resided with a victim of domestic child 
        abuse as defined in subdivision 25, (iii) resides with or would 
        reside with a perpetrator of domestic child abuse or child abuse 
        as defined in subdivision 25, or (iv) is a victim of emotional 
        maltreatment as defined in subdivision 8; 
           (3) is without necessary food, clothing, shelter, 
        education, or other required care for the child's physical or 
        mental health or morals because the child's parent, guardian, or 
        custodian is unable or unwilling to provide that care; 
           (4) is without the special care made necessary by a 
        physical, mental, or emotional condition because the child's 
        parent, guardian, or custodian is unable or unwilling to provide 
        that care, including a child in voluntary placement according to 
        release of the parent under section 260C.212, subdivision 9 due 
        solely to the child's developmental disability or emotional 
        disturbance; 
           (5) is medically neglected, which includes, but is not 
        limited to, the withholding of medically indicated treatment 
        from a disabled infant with a life-threatening condition.  The 
        term "withholding of medically indicated treatment" means the 
        failure to respond to the infant's life-threatening conditions 
        by providing treatment, including appropriate nutrition, 
        hydration, and medication which, in the treating physician's or 
        physicians' reasonable medical judgment, will be most likely to 
        be effective in ameliorating or correcting all conditions, 
        except that the term does not include the failure to provide 
        treatment other than appropriate nutrition, hydration, or 
        medication to an infant when, in the treating physician's or 
        physicians' reasonable medical judgment: 
           (i) the infant is chronically and irreversibly comatose; 
           (ii) the provision of the treatment would merely prolong 
        dying, not be effective in ameliorating or correcting all of the 
        infant's life-threatening conditions, or otherwise be futile in 
        terms of the survival of the infant; or 
           (iii) the provision of the treatment would be virtually 
        futile in terms of the survival of the infant and the treatment 
        itself under the circumstances would be inhumane; 
           (6) is one whose parent, guardian, or other custodian for 
        good cause desires to be relieved of the child's care and 
        custody, including a child in placement according to voluntary 
        release by the parent under section 260C.212, subdivision 8; 
           (7) has been placed for adoption or care in violation of 
        law; 
           (8) is without proper parental care because of the 
        emotional, mental, or physical disability, or state of 
        immaturity of the child's parent, guardian, or other custodian; 
           (9) is one whose behavior, condition, or environment is 
        such as to be injurious or dangerous to the child or others.  An 
        injurious or dangerous environment may include, but is not 
        limited to, the exposure of a child to criminal activity in the 
        child's home; 
           (10) is experiencing growth delays, which may be referred 
        to as failure to thrive, that have been diagnosed by a physician 
        and are due to parental neglect; 
           (11) has engaged in prostitution as defined in section 
        609.321, subdivision 9; 
           (12) has committed a delinquent act or a juvenile petty 
        offense before becoming ten years old; 
           (13) is a runaway; 
           (14) is a habitual truant; 
           (15) has been found incompetent to proceed or has been 
        found not guilty by reason of mental illness or mental 
        deficiency in connection with a delinquency proceeding, a 
        certification under section 260B.125, an extended jurisdiction 
        juvenile prosecution, or a proceeding involving a juvenile petty 
        offense; or 
           (16) has been found by the court to have committed domestic 
        abuse perpetrated by a minor under Laws 1997, chapter 239, 
        article 10, sections 2 to 26, has been ordered excluded from the 
        child's parent's home by an order for protection/minor 
        respondent, and the parent or guardian is either unwilling or 
        unable to provide an alternative safe living arrangement for the 
        child. 
           Sec. 7.  Minnesota Statutes 2000, section 260C.007, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [COMPELLING REASONS.] "Compelling reasons" means 
        an individualized determination by the responsible social 
        services agency, which is approved by the court, not to initiate 
        proceedings to terminate parental rights or transfer permanent 
        legal and physical custody of a child to the child's relative or 
        former noncustodial parent. 
           Sec. 8.  Minnesota Statutes 2000, section 260C.007, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [DEVELOPMENTAL DISABILITY.] "Developmental 
        disability" means developmental disability as defined in United 
        States Code, title 42, section 6001(8). 
           Sec. 9.  Minnesota Statutes 2000, section 260C.007, 
        subdivision 14, is amended to read: 
           Subd. 14.  [RELATIVE.] "Relative" means a parent, 
        stepparent, grandparent, brother, sister, uncle, or aunt of the 
        minor.  This relationship may be by blood or marriage.  For an 
        Indian child, relative includes members of the extended family 
        as defined by the law or custom of the Indian child's tribe or, 
        in the absence of laws or custom, nieces, nephews, or first or 
        second cousins, as provided in the Indian Child Welfare Act of 
        1978, United States Code, title 25, section 1903.  For purposes 
        of child in need of protection or services proceedings, 
        termination of parental rights proceedings, and permanency 
        proceedings under section 260C.201, subdivision 11, relative 
        means a person related to the child by blood, marriage, or 
        adoption, or an individual who is an important friend with whom 
        the child has resided or had significant contact.  For an Indian 
        child, relative includes members of the extended family as 
        defined by the law or custom of the Indian child's tribe or, in 
        the absence of laws or custom, nieces, nephews, or first or 
        second cousins, as provided in the Indian Child Welfare Act of 
        1978, United States Code, title 25, section 1903. 
           Sec. 10.  Minnesota Statutes 2000, section 260C.007, is 
        amended by adding a subdivision to read: 
           Subd. 27.  [EMOTIONALLY DISTURBED.] "Emotionally disturbed" 
        means emotional disturbance as described in section 245.4871, 
        subdivision 15. 
           Sec. 11.  Minnesota Statutes 2000, section 260C.141, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
        services agency responsible for the placement of a child in a 
        residential facility, as defined in section 260C.212, 
        subdivision 1, pursuant to a voluntary release by the child's 
        parent or parents may bring a petition must proceed in juvenile 
        court to review the foster care status of the child in the 
        manner provided in this section.  The responsible social 
        services agency shall file either a petition alleging the child 
        to be in need of protection or services or a petition to 
        terminate parental rights or other permanency petition under 
        section 260C.201, subdivision 11. 
           (a) In the case of Except for a child in placement due 
        solely to the child's developmental disability or emotional 
        disturbance, when a child continues in voluntary placement 
        according to section 260C.212, subdivision 8, the a petition 
        shall be filed alleging the child to be in need of protection or 
        services or seeking termination of parental rights or other 
        permanent placement of the child away from the parent within 90 
        days of the date of the voluntary placement agreement and.  The 
        petition shall state the reasons why the child is in placement, 
        the progress on the case out-of-home placement plan required 
        under section 260C.212, subdivision 1, and the statutory basis 
        for the petition under section 260C.007, subdivision 4, 
        260C.201, subdivision 11, or 260C.301. 
           (1) In the case of a petition alleging the child to be in 
        need of protection or services filed under this paragraph, if 
        all parties agree and the court finds it is in the best 
        interests of the child, the court may find the petition states a 
        prima facie case that: 
           (i) the child's needs are being met; 
           (ii) the placement of the child in foster care is in the 
        best interests of the child; and 
           (iii) reasonable efforts to reunify the child and the 
        parent or guardian are being made; and 
           (iv) the child will be returned home in the next six three 
        months. 
           (2) If the court makes findings under paragraph (1), the 
        court shall approve the voluntary arrangement and continue the 
        matter for up to six three more months to ensure the child 
        returns to the parents' home.  The responsible social services 
        agency shall: 
           (i) report to the court when the child returns home and the 
        progress made by the parent on the case out-of-home placement 
        plan required under section 260C.212, in which case the court 
        shall dismiss jurisdiction; 
           (ii) report to the court that the child has not returned 
        home, in which case the matter shall be returned to the court 
        for further proceedings under section 260C.163; or 
           (iii) if any party does not agree to continue the matter 
        under paragraph (1) and this paragraph, the matter shall proceed 
        under section 260C.163. 
           (b) In the case of a child in voluntary placement due 
        solely to the child's developmental disability or emotional 
        disturbance according to section 260C.212, subdivision 9, 
        the petition shall be filed within six months of the date of the 
        voluntary placement agreement and following procedures apply: 
           (1) [REPORT TO COURT.] (i) Unless the county attorney 
        determines that a petition under subdivision 1 is appropriate, 
        without filing a petition, a written report, shall be forwarded 
        to the court within 165 days of the date of the voluntary 
        placement agreement.  The written report shall contain necessary 
        identifying information for the court to proceed, a copy of the 
        out-of-home placement plan required under section 260C.212, 
        subdivision 1, a written summary of the proceedings of any 
        administrative review required under section 260C.212, 
        subdivision 7, and any other information the responsible social 
        services agency, parent or guardian, the child or the foster 
        parent or other residential facility wants the court to consider.
           (ii) The responsible social services agency, where 
        appropriate, must advise the child, parent or guardian, the 
        foster parent, or representative of the residential facility of 
        the requirements of this section and of their right to submit 
        information to the court.  If the child, parent or guardian, 
        foster parent, or representative of the residential facility 
        want to send information to the court, the responsible social 
        services agency shall advise those persons of the reporting date 
        and the identifying information necessary for the court 
        administrator to accept the information and submit it to a judge 
        with the agency's report.  The responsible social services 
        agency must also notify those persons that they have the right 
        to be heard in person by the court and how to exercise that 
        right.  The responsible social services agency must also provide 
        notice that an in-court hearing will not be held unless 
        requested by a parent or guardian, foster parent, or the child. 
           (iii) After receiving the required report, the court has 
        jurisdiction to make the following determinations and must do so 
        within ten days of receiving the forwarded report:  (i) whether 
        or not the placement of the child is in the child's best 
        interests; and (ii) whether the parent and agency are 
        appropriately planning for the child.  Unless requested by a 
        parent or guardian, foster parent, or child, no in-court hearing 
        need be held in order for the court to make findings and issue 
        an order under this paragraph. 
           (iv) If the court finds the placement is in the child's 
        best interests and that the agency and parent are appropriately 
        planning for the child, the court shall issue an order 
        containing explicit, individualized findings to support its 
        determination.  The court shall send a copy of the order to the 
        county attorney, the responsible social services agency, the 
        parent or guardian, the child, and the foster parents.  The 
        court shall also send the parent or guardian, the child, and the 
        foster parent notice of the required review under clause (2).  
           (v) If the court finds continuing the placement not to be 
        in the child's best interests or that the agency or the parent 
        or guardian is not appropriately planning for the child, the 
        court shall notify the county attorney, the responsible social 
        services agency, the parent or guardian, the foster parent, the 
        child, and the county attorney of the court's determinations and 
        the basis for the court's determinations. 
           (2) [PERMANENCY REVIEW BY PETITION.] If a child with a 
        developmental disability or an emotional disturbance continues 
        in out-of-home placement for 13 months from the date of a 
        voluntary placement, a petition alleging the child to be in need 
        of protection or services, for termination of parental rights or 
        for permanent placement of the child away from the parent under 
        section 260C.201 shall be filed.  The court shall conduct a 
        permanency hearing on the petition no later than 14 months after 
        the date of the voluntary placement.  At the permanency hearing, 
        the court shall determine the need for an order permanently 
        placing the child away from the parent or determine whether 
        there are compelling reasons that continued voluntary placement 
        is in the child's best interests.  A petition alleging the child 
        to be in need of protection or services shall state the date of 
        the voluntary placement agreement, the nature of the child's 
        developmental delay disability or emotional handicap 
        disturbance, the plan for the ongoing care of the child, the 
        parents' participation in the plan, and the statutory basis for 
        the petition. 
           (1) In the case of petitions (i) If a petition alleging the 
        child to be in need of protection or services is filed under 
        this paragraph, the court may find, based on the contents of the 
        sworn petition, and the agreement of all parties, including the 
        child, where appropriate, that there are compelling reasons that 
        the voluntary arrangement is in the best interests of the child, 
        approve the continued voluntary arrangement placement, 
        and dismiss continue the matter from further under the court's 
        jurisdiction for the purpose of reviewing the child's placement 
        as a continued voluntary arrangement every 12 months as long as 
        the child continues in out-of-home placement.  The court shall 
        give notice to the responsible social services agency that The 
        matter must be returned to the court for further review if the 
        child remains in placement after every 12 months as long as the 
        child remains in placement.  The court shall give notice to the 
        parent or guardian of the continued review requirements under 
        this section. Nothing in this paragraph shall be construed to 
        mean the court must order permanent placement for the child 
        under section 260C.201, subdivision 11, as long as the court 
        finds compelling reasons at the first review required under this 
        section. 
           (ii) If a petition for termination of parental rights, for 
        transfer of permanent legal and physical custody to a relative, 
        for long-term foster care, or for foster care for a specified 
        period of time is filed, the court must proceed under section 
        260C.201, subdivision 11. 
           (2) (3) If any party, including the child, disagrees with 
        the voluntary arrangement, the court shall proceed under section 
        260C.163. 
           Sec. 12.  Minnesota Statutes 2000, section 260C.151, 
        subdivision 6, is amended to read: 
           Subd. 6.  [IMMEDIATE CUSTODY.] If it appears from the court 
        makes individualized, explicit findings, based on the notarized 
        petition or by sworn affidavit, that there are reasonable 
        grounds to believe the child is in surroundings or conditions 
        which endanger the child's health, safety or welfare and that 
        require that the child's custody be immediately assumed by the 
        court and that continuation of the child in the custody of the 
        parent or guardian is contrary to the child's welfare, the court 
        may order, by endorsement upon the summons, that the officer 
        serving the summons shall take the child into immediate custody. 
           Sec. 13.  Minnesota Statutes 2000, section 260C.178, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
        a child was taken into custody under section 260C.175, 
        subdivision 1, clause (a) or (b)(2), the court shall hold a 
        hearing within 72 hours of the time the child was taken into 
        custody, excluding Saturdays, Sundays, and holidays, to 
        determine whether the child should continue in custody.  
           (b) Unless there is reason to believe that the child would 
        endanger self or others, not return for a court hearing, run 
        away from the child's parent, guardian, or custodian or 
        otherwise not remain in the care or control of the person to 
        whose lawful custody the child is released, or that the child's 
        health or welfare would be immediately endangered, the child 
        shall be released to the custody of a parent, guardian, 
        custodian, or other suitable person, subject to reasonable 
        conditions of release including, but not limited to, a 
        requirement that the child undergo a chemical use assessment as 
        provided in section 260C.157, subdivision 1.  In determining 
        whether the child's health or welfare would be immediately 
        endangered, the court shall consider whether the child would 
        reside with a perpetrator of domestic child abuse.  In a 
        proceeding regarding a child in need of protection or services, 
           (c) The court, before determining whether a child should 
        continue in custody, shall also make a determination, consistent 
        with section 260.012 as to whether reasonable efforts, or in the 
        case of an Indian child, active efforts, according to the Indian 
        Child Welfare Act of 1978, United States Code, title 25, section 
        1912(d), were made to prevent placement or to reunite the child 
        with the child's family, or that reasonable efforts were not 
        possible.  The court shall also determine whether there are 
        available services that would prevent the need for further 
        detention.  In the alternative, the court shall determine that 
        reasonable efforts are not required if the court makes a prima 
        facie determination that one of the circumstances under 
        paragraph (e) exists. 
           If the court finds the social services agency's preventive 
        or reunification efforts have not been reasonable but further 
        preventive or reunification efforts could not permit the child 
        to safely remain at home, the court may nevertheless authorize 
        or continue the removal of the child. 
           (d) The court may not order or continue the foster care 
        placement of the child unless the court makes explicit, 
        individualized findings that continued custody of the child by 
        the parent or guardian would be contrary to the welfare of the 
        child. 
           (c) (e) At the detention hearing, or at any time prior to 
        an adjudicatory hearing during the course of the proceeding, and 
        upon notice and request of the county attorney, the court shall 
        make the following determinations: 
           (1) whether a termination of parental rights petition has 
        been filed stating a prima facie case that: 
           (i) the parent has subjected a child to egregious harm as 
        defined in section 260C.007, subdivision 26; 
           (ii) the parental rights of the parent to another child 
        have been involuntarily terminated; or 
           (iii) the child is an abandoned infant under section 
        260C.301, subdivision 2, paragraph (a), clause (2); 
           (2) that the county attorney has determined not to proceed 
        with a termination of parental rights petition under section 
        260C.307; or 
           (3) whether a termination of parental rights petition or 
        other petition according to section 260C.201, subdivision 11, 
        has been filed alleging a prima facie case that the provision of 
        services or further services for the purpose of rehabilitation 
        and reunification is futile and therefore unreasonable under the 
        circumstances. 
           If the court determines that the county attorney is not 
        proceeding with a termination of parental rights petition under 
        section 260C.307, but is proceeding with a petition under 
        section 260C.201, subdivision 11, the court shall schedule a 
        permanency hearing within 30 days.  If the county attorney has 
        filed a petition under section 260C.307, the court shall 
        schedule a trial under section 260C.163 within 90 days of the 
        filing of the petition except when the county attorney 
        determines that the criminal case shall proceed to trial first 
        under section 260C.201, subdivision 3. 
           (d) (f) If the court determines the child should be ordered 
        into out-of-home placement and the child's parent refuses to 
        give information to the responsible social services agency 
        regarding the child's father or relatives of the child, the 
        court may order the parent to disclose the names, addresses, 
        telephone numbers, and other identifying information to the 
        local responsible social services agency for the purpose of 
        complying with the requirements of sections 260C.151, 260C.212, 
        and 260C.215. 
           (g) If a child ordered into out-of-home placement has 
        siblings, whether full, half, or step, who are also ordered into 
        placement, the court shall inquire of the responsible social 
        services agency of the efforts to place the children together as 
        required by section 260C.212, subdivision 2, paragraph (d), if 
        placement together is in each child's best interests, unless a 
        child is in placement due solely to the child's own behavior or 
        a child is placed with a previously noncustodial parent who is 
        not parent to all siblings.  If the children are not placed 
        together at the time of the hearing, the court shall inquire at 
        each subsequent hearing of the agency's efforts to place the 
        siblings together.  If any sibling is not placed with another 
        sibling or siblings, the agency must develop a plan for 
        visitation among the siblings as required under section 
        260C.212, subdivision 1. 
           Sec. 14.  Minnesota Statutes 2000, section 260C.178, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CASE OUT-OF-HOME PLACEMENT PLAN.] (a) A case An 
        out-of-home placement plan required under section 260C.212 shall 
        be filed with the court within 30 days of the filing of a 
        petition alleging the child to be in need of protection or 
        services under section 260C.141, subdivision 1, or filed with 
        the petition if the petition is a review of a voluntary 
        placement under section 260C.141, subdivision 2. 
           (b) Upon the filing of the case out-of-home placement plan, 
        the court may approve the case plan based on the allegations 
        contained in the petition.  The court shall send written notice 
        of the approval of the out-of-home placement plan to all parties 
        and the county attorney or may state such approval on the record 
        at a hearing.  A parent may agree to comply with the terms of 
        the case plan filed with the court. 
           (c) Upon notice and motion by a parent who agrees to comply 
        with the terms of a case an out-of-home placement plan, the 
        court may modify the case plan and order the responsible social 
        services agency to provide other or additional services for 
        reunification, if reunification efforts are required, and the 
        court determines the agency's case plan inadequate under section 
        260.012. 
           (d) Unless the parent agrees to comply with the terms of 
        the case out-of-home placement plan, the court may not order a 
        parent to comply with the provisions of the case plan until the 
        court makes a determination under section 260C.201, subdivision 
        1.  However, the court may find that the responsible social 
        services agency has made reasonable efforts for reunification if 
        the agency makes efforts to implement the terms of an 
        out-of-home placement plan approved under this section. 
           Sec. 15.  Minnesota Statutes 2000, section 260C.193, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROTECTION OF THE CHILD'S BEST INTERESTS 
        INTEREST OF THE CHILD IN FOSTER CARE OR RESIDENTIAL CARE.] (a) 
        The policy of the state is to ensure that the best interests of 
        children in foster or residential care are met by requiring 
        individualized determinations under section 260C.212, 
        subdivision 2, paragraph (b), of the needs of the child and of 
        how the selected placement will serve the needs of the child in 
        foster care placements.  
           (b) Among the factors to be considered in determining the 
        needs of the child are:  
           (1) the child's current functioning and behaviors; 
           (2) the medical, educational, and developmental needs of 
        the child; 
           (3) the child's history and past experience; 
           (4) the child's religious and cultural needs; 
           (5) the child's connection with a community, school, and 
        church; 
           (6) the child's interests and talents; 
           (7) the child's relationship to current caretakers, 
        parents, siblings, and relatives; and 
           (8) the reasonable preference of the child, if the court, 
        or in the case of a voluntary placement the child-placing 
        agency, deems the child to be of sufficient age to express 
        preferences.  
           (c) (b) The court, in transferring legal custody of any 
        child or appointing a guardian for the child under the laws 
        relating to juvenile courts, shall consider placement, shall 
        review whether the responsible social services agency made 
        efforts as required under section 260C.212, subdivision 5, and 
        made an individualized determination as required under section 
        260C.212, subdivision 2.  If the court finds the agency has not 
        made efforts as required under section 260C.212, subdivision 5, 
        and there is a relative who qualifies to be licensed to provide 
        family foster care under chapter 245A, the court may order the 
        child placed with the relative consistent with the child's best 
        interests and in the following order, in the legal custody or 
        guardianship of an individual who (1) is related to the child by 
        blood, marriage, or adoption, or (2) is an important friend with 
        whom the child has resided or had significant contact.  
           (c) If the child's birth parent or parents explicitly 
        request that a relative or important friend not be considered, 
        the court shall honor that request if it is consistent with the 
        best interests of the child.  If the child's birth parent or 
        parents express a preference for placing the child in a foster 
        or adoptive home of the same or a similar religious background 
        to that of the birth parent or parents, the court shall order 
        placement of the child with an individual who meets the birth 
        parent's religious preference. 
           (d) Placement of a child cannot be delayed or denied based 
        on race, color, or national origin of the foster parent or the 
        child.  
           (e) Whenever possible, siblings should be placed together 
        unless it is determined not to be in the best interests of a 
        sibling.  If siblings are not placed together according to 
        section 260C.212, subdivision 2, paragraph (d), the responsible 
        social services agency shall report to the court the efforts 
        made to place the siblings together and why the efforts were not 
        successful.  If the court is not satisfied with the agency's 
        efforts to place siblings together, the court may order the 
        agency to make further efforts.  If siblings are not placed 
        together the court shall review the responsible social services 
        agency's plan for visitation among siblings required as part of 
        the out-of-home placement plan under section 260C.212. 
           (d) If the child's birth parent or parents explicitly 
        request that a relative or important friend not be considered, 
        the court shall honor that request if it is consistent with the 
        best interests of the child. 
           If the child's birth parent or parents express a preference 
        for placing the child in a foster or adoptive home of the same 
        or a similar religious background to that of the birth parent or 
        parents, the court shall order placement of the child with an 
        individual who meets the birth parent's religious preference.  
           (e) (f) This subdivision does not affect the Indian Child 
        Welfare Act, United States Code, title 25, sections 1901 to 
        1923, and the Minnesota Indian Family Preservation Act, sections 
        260.751 to 260.835.  
           Sec. 16.  Minnesota Statutes 2000, section 260C.201, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
        the child is in need of protection or services or neglected and 
        in foster care, it shall enter an order making any of the 
        following dispositions of the case: 
           (1) place the child under the protective supervision of the 
        local responsible social services agency or child-placing agency 
        in the home of a parent of the child under conditions prescribed 
        by the court directed to the correction of the child's need for 
        protection or services, or: 
           (i) the court may order the child into the home of a parent 
        who does not otherwise have legal custody of the child, however, 
        an order under this section does not confer legal custody on 
        that parent; 
           (ii) if the court orders the child into the home of a 
        father who is not adjudicated, he must cooperate with paternity 
        establishment proceedings regarding the child in the appropriate 
        jurisdiction as one of the conditions prescribed by the court 
        for the child to continue in his home; 
           (iii) the court may order the child into the home of a 
        noncustodial parent with conditions and may also order both the 
        noncustodial and the custodial parent to comply with the 
        requirements of a case plan under subdivision 2; or 
           (2) transfer legal custody to one of the following: 
           (i) a child-placing agency; or 
           (ii) the local responsible social services agency. In 
        placing a child whose custody has been transferred under this 
        paragraph, the agencies shall follow the requirements of section 
        260C.193, subdivision 3; make an individualized determination of 
        how the placement is in the child's best interests using the 
        consideration for relatives and the best interest factors in 
        section 260C.212, subdivision 2, paragraph (b); or 
           (3) if the child is in need of special treatment and care 
        for reasons of physical or mental health, the court may order 
        the child's parent, guardian, or custodian to provide it.  If 
        the parent, guardian, or custodian fails or is unable to provide 
        this treatment or care, the court may order it provided.  The 
        court shall not transfer legal custody of the child for the 
        purpose of obtaining special treatment or care solely because 
        the parent is unable to provide the treatment or care.  If the 
        court's order for mental health treatment is based on a 
        diagnosis made by a treatment professional, the court may order 
        that the diagnosing professional not provide the treatment to 
        the child if it finds that such an order is in the child's best 
        interests; or 
           (4) if the court believes that the child has sufficient 
        maturity and judgment and that it is in the best interests of 
        the child, the court may order a child 16 years old or older to 
        be allowed to live independently, either alone or with others as 
        approved by the court under supervision the court considers 
        appropriate, if the county board, after consultation with the 
        court, has specifically authorized this dispositional 
        alternative for a child. 
           (b) If the child was adjudicated in need of protection or 
        services because the child is a runaway or habitual truant, the 
        court may order any of the following dispositions in addition to 
        or as alternatives to the dispositions authorized under 
        paragraph (a): 
           (1) counsel the child or the child's parents, guardian, or 
        custodian; 
           (2) place the child under the supervision of a probation 
        officer or other suitable person in the child's own home under 
        conditions prescribed by the court, including reasonable rules 
        for the child's conduct and the conduct of the parents, 
        guardian, or custodian, designed for the physical, mental, and 
        moral well-being and behavior of the child; or with the consent 
        of the commissioner of corrections, place the child in a group 
        foster care facility which is under the commissioner's 
        management and supervision; 
           (3) subject to the court's supervision, transfer legal 
        custody of the child to one of the following: 
           (i) a reputable person of good moral character.  No person 
        may receive custody of two or more unrelated children unless 
        licensed to operate a residential program under sections 245A.01 
        to 245A.16; or 
           (ii) a county probation officer for placement in a group 
        foster home established under the direction of the juvenile 
        court and licensed pursuant to section 241.021; 
           (4) require the child to pay a fine of up to $100.  The 
        court shall order payment of the fine in a manner that will not 
        impose undue financial hardship upon the child; 
           (5) require the child to participate in a community service 
        project; 
           (6) order the child to undergo a chemical dependency 
        evaluation and, if warranted by the evaluation, order 
        participation by the child in a drug awareness program or an 
        inpatient or outpatient chemical dependency treatment program; 
           (7) if the court believes that it is in the best interests 
        of the child and of public safety that the child's driver's 
        license or instruction permit be canceled, the court may order 
        the commissioner of public safety to cancel the child's license 
        or permit for any period up to the child's 18th birthday.  If 
        the child does not have a driver's license or permit, the court 
        may order a denial of driving privileges for any period up to 
        the child's 18th birthday.  The court shall forward an order 
        issued under this clause to the commissioner, who shall cancel 
        the license or permit or deny driving privileges without a 
        hearing for the period specified by the court.  At any time 
        before the expiration of the period of cancellation or denial, 
        the court may, for good cause, order the commissioner of public 
        safety to allow the child to apply for a license or permit, and 
        the commissioner shall so authorize; 
           (8) order that the child's parent or legal guardian deliver 
        the child to school at the beginning of each school day for a 
        period of time specified by the court; or 
           (9) require the child to perform any other activities or 
        participate in any other treatment programs deemed appropriate 
        by the court.  
           To the extent practicable, the court shall enter a 
        disposition order the same day it makes a finding that a child 
        is in need of protection or services or neglected and in foster 
        care, but in no event more than 15 days after the finding unless 
        the court finds that the best interests of the child will be 
        served by granting a delay.  If the child was under eight years 
        of age at the time the petition was filed, the disposition order 
        must be entered within ten days of the finding and the court may 
        not grant a delay unless good cause is shown and the court finds 
        the best interests of the child will be served by the delay. 
           (c) If a child who is 14 years of age or older is 
        adjudicated in need of protection or services because the child 
        is a habitual truant and truancy procedures involving the child 
        were previously dealt with by a school attendance review board 
        or county attorney mediation program under section 260A.06 or 
        260A.07, the court shall order a cancellation or denial of 
        driving privileges under paragraph (b), clause (7), for any 
        period up to the child's 18th birthday. 
           (d) In the case of a child adjudicated in need of 
        protection or services because the child has committed domestic 
        abuse and been ordered excluded from the child's parent's home, 
        the court shall dismiss jurisdiction if the court, at any time, 
        finds the parent is able or willing to provide an alternative 
        safe living arrangement for the child, as defined in Laws 1997, 
        chapter 239, article 10, section 2.  
           (e) When a parent has complied with a case plan ordered 
        under subdivision 6 and the child is in the care of the parent, 
        the court may order the responsible social services agency to 
        monitor the parent's continued ability to maintain the child 
        safely in the home under such terms and conditions as the court 
        determines appropriate under the circumstances. 
           Sec. 17.  Minnesota Statutes 2000, section 260C.201, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WRITTEN FINDINGS.] (a) Any order for a 
        disposition authorized under this section shall contain written 
        findings of fact to support the disposition and case plan 
        ordered and shall also set forth in writing the following 
        information: 
           (a) (1) Why the best interests and safety of the child are 
        served by the disposition and case plan ordered; 
           (b) (2) What alternative dispositions or services under the 
        case plan were considered by the court and why such dispositions 
        or services were not appropriate in the instant case; 
           (c) How the court's disposition complies with the 
        requirements of section 260C.193, subdivision 3 (3) When legal 
        custody of the child is transferred, the appropriateness of the 
        particular placement made or to be made by the placing agency 
        using the factors in section 260C.212, subdivision 2, paragraph 
        (b); and 
           (d) (4) Whether reasonable efforts consistent with section 
        260.012 were made to prevent or eliminate the necessity of the 
        child's removal and to reunify the family after removal.  The 
        court's findings must include a brief description of what 
        preventive and reunification efforts were made and why further 
        efforts could not have prevented or eliminated the necessity of 
        removal or that reasonable efforts were not required under 
        section 260.012 or 260C.178, subdivision 1. 
           (b) If the court finds that the social services agency's 
        preventive or reunification efforts have not been reasonable but 
        that further preventive or reunification efforts could not 
        permit the child to safely remain at home, the court may 
        nevertheless authorize or continue the removal of the child. 
           (c) If the child has been identified by the responsible 
        social services agency as the subject of concurrent permanency 
        planning, the court shall review the reasonable efforts of the 
        agency to recruit, identify, and make a placement in a home 
        where the foster parent or relative that has committed to being 
        the legally permanent home for the child in the event 
        reunification efforts are not successful. 
           Sec. 18.  Minnesota Statutes 2000, section 260C.201, 
        subdivision 5, is amended to read: 
           Subd. 5.  [VISITATION.] If the court orders that the child 
        be placed outside of the child's home or present residence, it 
        shall set reasonable rules for supervised or unsupervised 
        parental visitation that contribute to the objectives of the 
        court order and the maintenance of the familial relationship.  
        No parent may be denied visitation unless the court finds at the 
        disposition hearing that the visitation would act to prevent the 
        achievement of the order's objectives or that it would endanger 
        the child's physical or emotional well-being.  The court shall 
        set reasonable rules for visitation for any relatives as defined 
        in section 260C.193, subdivision 3 260C.007, subdivision 14, and 
        with siblings of the child, if visitation is consistent with the 
        best interests of the child.  
           Sec. 19.  Minnesota Statutes 2000, section 260C.201, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CASE PLAN.] (a) For each disposition ordered 
        where the child is placed away from a parent or guardian, the 
        court shall order the appropriate responsible social services 
        agency to prepare a written case out-of-home placement 
        plan according to the requirements of section 260C.212, 
        subdivision 1. developed after consultation with any foster 
        parents, and consultation with and participation by the child 
        and the child's parent, guardian, or custodian, guardian ad 
        litem, and tribal representative if the tribe has intervened.  
        The case plan shall comply with the requirements of section 
        260C.212, where applicable.  The case plan shall, among other 
        matters, specify the actions to be taken by the child and the 
        child's parent, guardian, foster parent, or custodian to ensure 
        the child's safety and to comply with the court's disposition 
        order, and the services to be offered and provided by the agency 
        to the child and the child's parent, guardian, or custodian.  
        The court shall review the case plan and, upon approving it, 
        incorporate the plan into its disposition order.  The court may 
        review and modify the terms of the case plan in the manner 
        provided in subdivision 2.  For each disposition ordered, the 
        written case plan shall specify what reasonable efforts shall be 
        provided to the family.  The case plan must include a discussion 
        of: 
           (1) the availability of appropriate prevention and 
        reunification services for the family to safely prevent the 
        removal of the child from the home or to safely reunify the 
        child with the family after removal; 
           (2) any services or resources that were requested by the 
        child or the child's parent, guardian, foster parent, or 
        custodian since the date of initial adjudication, and whether 
        those services or resources were provided or the basis for 
        denial of the services or resources; 
           (3) the need of the child and family for care, treatment, 
        or rehabilitation; 
           (4) the need for participation by the parent, guardian, or 
        custodian in the plan of care for the child; 
           (5) the visitation rights and obligations of the parent or 
        other relatives, as defined in section 260C.193, subdivision 3, 
        during any period when the child is placed outside the home; 
           (6) a description of any services that could safely prevent 
        placement or reunify the family if such services were available; 
        and 
           (7) the need for continued monitoring of the child and 
        family by the appropriate local social services agency once the 
        family has completed all services required in the case plan. 
           (b) In cases where the child is not placed out of the home 
        or is ordered into the home of a noncustodial parent, the 
        responsible social services agency shall prepare a plan for 
        delivery of social services to the child and custodial parent 
        under section 626.556, subdivision 10, or any other case plan 
        required to meet the needs of the child.  The plan shall be 
        designed to safely maintain the child in the home or to reunite 
        the child with the custodial parent. 
           (c) The court may approve the case plan as presented or 
        modify it after hearing from the parties.  Once the plan is 
        approved, the court shall order all parties to comply with it.  
        A copy of the approved case plan shall be attached to the 
        court's order and incorporated into it by reference. 
           (d) A party has a right to request a court review of the 
        reasonableness of the case plan upon a showing of a substantial 
        change of circumstances. 
           Sec. 20.  Minnesota Statutes 2000, section 260C.201, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ORDER DURATION.] Subject to subdivisions 10 and 
        11, all orders under this section shall be for a specified 
        length of time set by the court not to exceed one year.  
        However, before the order has expired and upon its own motion or 
        that of any interested party, the court shall, after notice to 
        the parties and a hearing, renew the order for another year or 
        make some other disposition of the case, until the individual is 
        no longer a minor.  Any person to whom responsible social 
        services agency receiving legal custody is transferred of a 
        child shall report to the court in writing at such periods as 
        the court may direct and as required under juvenile court rules. 
           Sec. 21.  Minnesota Statutes 2000, section 260C.201, 
        subdivision 10, is amended to read: 
           Subd. 10.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
        the court places a child in a residential facility, as defined 
        in section 260C.212, subdivision 1, the court shall review the 
        out-of-home placement at least every six months as required in 
        juvenile court rules to determine whether continued out-of-home 
        placement is necessary and appropriate or whether the child 
        should be returned home.  
           (b) No later than six months after the child's out-of-home 
        placement, the court shall review agency efforts pursuant to 
        section 260C.215, subdivision 1 260C.212, subdivision 2, and 
        order that the efforts continue if the agency has failed to 
        perform the duties under that section.  
           (c) The court shall review the case out-of-home placement 
        plan and may modify the case plan as provided under subdivisions 
        6 and 7.  
           If (d) When the court orders continued out-of-home 
        placement, the court shall notify the parents of the provisions 
        of subdivision subdivisions 11 and 11a as required under 
        juvenile court rules. 
           (b) When the court determines that a permanent placement 
        hearing is necessary because there is a likelihood that the 
        child will not return to a parent's care, the court may 
        authorize the agency with custody of the child to send the 
        notice provided in section 260C.212, subdivision 5, paragraph 
        (b), or may modify the requirements of the agency under section 
        260C.212, subdivision 5, paragraph (b), or may completely 
        relieve the responsible social services agency of the 
        requirements of section 260C.212, subdivision 5, paragraph (b), 
        when the child is placed with an appropriate relative who wishes 
        to provide a permanent home for the child.  The actions ordered 
        by the court under this section must be consistent with the best 
        interests, safety, and welfare of the child.  
           Sec. 22.  Minnesota Statutes 2000, section 260C.201, 
        subdivision 11, is amended to read: 
           Subd. 11.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
        PLACEMENT DETERMINATION.] (a) Except for cases where the child 
        is in placement due solely to the child's status as 
        developmentally delayed under United States Code, title 42, 
        section 6001(7), developmental disability or emotionally 
        handicapped under section 252.27 emotional disturbance, and 
        where custody has not been transferred to the responsible social 
        services agency, and the court finds compelling reasons under 
        section 260C.007, subdivision 5a, the court shall conduct a 
        hearing to determine the permanent status of a child not later 
        than 12 months after the child is placed out of the home of the 
        parent, except that if the child was under eight years of age at 
        the time the petition was filed, the hearing must be conducted 
        no later than six months after the child is placed out of the 
        home of the parent. 
           For purposes of this subdivision, the date of the child's 
        placement out of the home of the parent is the earlier of the 
        first court-ordered placement or 60 days after the date on which 
        the child has been voluntarily placed out of the home. 
           For purposes of this subdivision, 12 months is calculated 
        as follows: 
           (1) during the pendency of a petition alleging that a child 
        is in need of protection or services, all time periods when a 
        child is placed out of the home of the parent are cumulated; 
           (2) if a child has been placed out of the home of the 
        parent within the previous five years under one or more previous 
        petitions, the lengths of all prior time periods when the child 
        was placed out of the home within the previous five years are 
        cumulated.  If a child under this clause has been out of the 
        home for 12 months or more, the court, if it is in the best 
        interests of the child and for compelling reasons, may extend 
        the total time the child may continue out of the home under the 
        current petition up to an additional six months before making a 
        permanency determination.  
           (b) Unless the responsible social services agency 
        recommends return of the child to the custodial parent or 
        parents, not later than 30 days prior to this hearing, the 
        responsible social services agency shall file pleadings in 
        juvenile court to establish the basis for the juvenile court to 
        order permanent placement of the child according to paragraph 
        (d).  Notice of the hearing and copies of the pleadings must be 
        provided pursuant to section 260C.152.  If a termination of 
        parental rights petition is filed before the date required for 
        the permanency planning determination and there is a trial under 
        section 260C.163 scheduled on that petition within 90 days of 
        the filing of the petition, no hearing need be conducted under 
        this subdivision.  
           (c) At the conclusion of the hearing, the court shall order 
        the child returned home to the care of the parent or guardian 
        from whom the child was removed or order a permanent placement 
        in the child's best interests.  The "best interests of the 
        child" means all relevant factors to be considered and 
        evaluated.  Transfer of permanent legal and physical custody, 
        termination of parental rights, or guardianship and legal 
        custody to the commissioner through a consent to adopt are 
        preferred permanency options for a child who cannot return home. 
           (d) At a hearing under this subdivision, if the child was 
        under eight years of age at the time the petition was filed 
        alleging the child in need of protection or services, the court 
        shall review the progress of the case and the case plan, 
        including the provision of services.  The court may order the 
        local social services agency to show cause why it should not 
        file a termination of parental rights petition.  Cause may 
        include, but is not limited to, the following conditions: 
           (1) the parents or guardians have maintained regular 
        contact with the child, the parents are complying with the 
        court-ordered case plan, and the child would benefit from 
        continuing this relationship; 
           (2) grounds for termination under section 260C.301 do not 
        exist; or 
           (3) the permanent plan for the child is transfer of 
        permanent legal and physical custody to a relative.  When the 
        permanent plan for the child is transfer of permanent legal and 
        physical custody to a relative, a petition supporting the plan 
        shall be filed in juvenile court within 30 days of the hearing 
        required under this subdivision and a hearing on the petition 
        held within 30 days of the filing of the pleadings. 
           (e) (d) If the child is not returned to the home, the court 
        must order one of the following dispositions: 
           (1) permanent legal and physical custody to a relative in 
        the best interests of the child. according to the following 
        conditions: 
           (i) an order for transfer of permanent legal and physical 
        custody to a relative shall only be made after the court has 
        reviewed the suitability of the prospective legal and physical 
        custodian; 
           (ii) in transferring permanent legal and physical custody 
        to a relative, the juvenile court shall follow the standards and 
        procedures applicable under this chapter, chapter chapters 260, 
        or chapter and 518., and juvenile court rules; 
           (iii) an order establishing permanent legal or and physical 
        custody under this subdivision must be filed with the family 
        court.; 
           (iv) a transfer of legal and physical custody includes 
        responsibility for the protection, education, care, and control 
        of the child and decision making on behalf of the child.; 
           (v) the social services agency may petition on behalf of 
        the proposed custodian; and 
           (vi) the juvenile court may maintain jurisdiction over the 
        responsible social services agency, the parents or guardian of 
        the child, the child, and the permanent legal and physical 
        custodian for purposes of ensuring appropriate services are 
        delivered to the child and permanent legal custodian or for the 
        purpose of ensuring conditions ordered by the court related to 
        the care and custody of the child are met; 
           (2) termination of parental rights; according to the 
        following conditions: 
           (i) unless the social services agency has already filed a 
        petition for termination of parental rights under section 
        260C.307, the court may order such a petition filed and all the 
        requirements of sections 260C.301 to 260C.328 remain 
        applicable.; and 
           (ii) an adoption completed subsequent to a determination 
        under this subdivision may include an agreement for 
        communication or contact under section 259.58; or 
           (3) long-term foster care; transfer of legal custody and 
        adoption are preferred permanency options for a child who cannot 
        return home. according to the following conditions: 
           (i) the court may order a child into long-term foster care 
        only if it finds compelling reasons that neither an award of 
        permanent legal and physical custody to a relative, nor 
        termination of parental rights nor adoption is in the child's 
        best interests.; and 
           (ii) further, the court may only order long-term foster 
        care for the child under this section if it finds the following: 
           (i) (A) the child has reached age 12 and reasonable efforts 
        by the responsible social services agency have failed to locate 
        an adoptive family for the child; or 
           (ii) (B) the child is a sibling of a child described in 
        clause (i) subitem (A) and the siblings have a significant 
        positive relationship and are ordered into the same long-term 
        foster care home; or 
           (4) foster care for a specified period of time according to 
        the following conditions: 
           (i) foster care for a specified period of time may be 
        ordered only if: 
           (i) (A) the sole basis for an adjudication that the child 
        is in need of protection or services is the child's 
        behavior; and 
           (ii) (B) the court finds that foster care for a specified 
        period of time is in the best interests of the child.; and 
           (C) the court finds compelling reasons that neither an 
        award of permanent legal and physical custody to a relative, nor 
        termination of parental rights is in the child's best interests; 
           (ii) the order does not specify that the child continue in 
        foster care for any period exceeding one year; or 
           (5) guardianship and legal custody to the commissioner of 
        human services under the following procedures and conditions: 
           (i) there is an identified prospective adoptive home that 
        has agreed to adopt the child and the court accepts the parent's 
        voluntary consent to adopt under chapter 259.24; 
           (ii) if the court accepts a consent to adopt in lieu of 
        ordering one of the other enumerated permanency dispositions, 
        the court must review the matter at least every 90 days.  The 
        review will address the reasonable efforts of the agency to 
        achieve a finalized adoption; 
           (iii) a consent to adopt under this clause vests all legal 
        authority regarding the child, including guardianship and legal 
        custody of the child, with the commissioner of human services as 
        if the child were a state ward after termination of parental 
        rights; 
           (iv) the court must forward a copy of the consent to adopt, 
        together with a certified copy of the order transferring 
        guardianship and legal custody to the commissioner, to the 
        commissioner; and 
           (v) if an adoption is not finalized by the identified 
        prospective adoptive parent within 12 months of the execution of 
        the consent to adopt under this clause, the commissioner of 
        human services or the commissioner's delegate, shall pursue 
        adoptive placement in another home unless the commissioner 
        certifies that the failure to finalize is not due to either an 
        action or a failure to act by the prospective adoptive parent. 
           (f) (e) In ordering a permanent placement of a child, the 
        court must be governed by the best interests of the child, 
        including a review of the relationship between the child and 
        relatives and the child and other important persons with whom 
        the child has resided or had significant contact. 
           (g) (f) Once a permanent placement determination has been 
        made and permanent placement has been established, further court 
        reviews and dispositional hearings are only necessary if: 
           (1) the placement is made under paragraph (e), clause (4), 
        review is otherwise required by federal law, long-term foster 
        care or foster care for a specified period of time; 
           (2) the court orders further hearings because it has 
        retained jurisdiction of a transfer of permanent legal and 
        physical custody matter; 
           (3) an adoption has not yet been finalized,; or 
           (4) there is a disruption of the permanent or long-term 
        placement.  
           (g) Court reviews of an order for long-term foster care, 
        whether under this section or section 260C.317, subdivision 3, 
        paragraph (d), or foster care for a specified period of time 
        must be conducted at least yearly and must review the child's 
        out-of-home placement plan and the reasonable efforts of the 
        agency to: 
           (1) identify a specific long-term foster home for the child 
        or a specific foster home for the time the child is specified to 
        be out of the care of the parent, if one has not already been 
        identified; 
           (2) support continued placement of the child in the 
        identified home, if one has been identified; 
           (3) ensure appropriate services are provided to the child 
        during the period of long-term foster care or foster care for a 
        specified period of time; 
           (4) plan for the child's independence upon the child's 
        leaving long-term foster care living as required under section 
        260C.212, subdivision 1; and 
           (5) where placement is for a specified period of time, a 
        plan for the safe return of the child to the care of the parent. 
           (h) An order under this subdivision must include the 
        following detailed findings: 
           (1) how the child's best interests are served by the order; 
           (2) the nature and extent of the responsible social service 
        agency's reasonable efforts, or, in the case of an Indian child, 
        active efforts to reunify the child with the parent or parents; 
           (3) the parent's or parents' efforts and ability to use 
        services to correct the conditions which led to the out-of-home 
        placement; and 
           (4) whether the conditions which led to the out-of-home 
        placement have been corrected so that the child can return home. 
           (i) An order for permanent legal and physical custody of a 
        child may be modified under sections 518.18 and 518.185.  The 
        social services agency is a party to the proceeding and must 
        receive notice.  A parent may only seek modification of an order 
        for long-term foster care is reviewable upon motion and a 
        showing by the parent of a substantial change in the parent's 
        circumstances such that the parent could provide appropriate 
        care for the child and that removal of the child from the 
        child's permanent placement and the return to the parent's care 
        would be in the best interest of the child. 
           (j) The court shall issue an order required under this 
        section within 15 days of the close of the proceedings.  The 
        court may extend issuing the order an additional 15 days when 
        necessary in the interests of justice and the best interests of 
        the child. 
           Sec. 23.  Minnesota Statutes 2000, section 260C.201, is 
        amended by adding a subdivision to read: 
           Subd. 11a.  [PERMANENCY REVIEW FOR CHILDREN UNDER EIGHT.] 
        (a) [HEARING TO REVIEW PROGRESS OF THE CASE.] If the child was 
        under eight years of age at the time the petition was filed 
        alleging the child was in need of protection or services, and 
        the child continues in placement out of the home of the parent 
        or guardian from whom the child was removed, no later than six 
        months after the child's placement, the court shall conduct a 
        permanency hearing to review the progress of the case, the 
        parent's progress on the out-of-home placement plan, and the 
        provision of services. 
           (b) [COUNTY ATTORNEY AND RESPONSIBLE AGENCY'S 
        DUTIES.] Based on its assessment of the parent's or guardian's 
        progress on the out-of-home placement plan, the responsible 
        social services agency must ask the county attorney to file a 
        petition for termination of parental rights, a petition for 
        transfer of permanent legal and physical custody to a relative, 
        or the report required under juvenile court rules. 
           (c) [COURT'S FINDINGS.] (1) If the parent or guardian has 
        maintained contact with the child, is complying with the 
        court-ordered out-of-home placement plan, and the child would 
        benefit from reunification with the parent, the court may either:
           (i) return the child home, if the conditions which led to 
        the out-of-home placement have been sufficiently mitigated that 
        it is safe and in the child's best interests to return home; or 
           (ii) continue the matter up to a total of six additional 
        months.  If the child has not returned home by the end of the 
        additional six months, the court must conduct a hearing 
        according to subdivision 11. 
           (2) If the court determines that the parent or guardian is 
        not complying with the out-of-home placement plan or is not 
        maintaining regular contact with the child as outlined in the 
        visitation plan required as part of the out-of-home placement 
        plan under section 260C.212, the court may order the responsible 
        social services agency to develop a plan for permanent placement 
        of the child away from the parent and to file a petition to 
        support an order for the permanent placement plan. 
           (d) [RESPONSIBLE AGENCY'S OR COUNTY ATTORNEY'S DUTIES.] 
        Following the review under paragraphs (b) and (c): 
           (1) if the court has either returned the child home or 
        continued the matter up to a total of six additional months, the 
        agency shall continue to provide services to support the child's 
        return home or to make reasonable efforts to achieve 
        reunification of the child and the parent as ordered by the 
        court under an approved case plan; 
           (2) if the court orders the agency to develop a plan for 
        the transfer of permanent legal and physical custody of the 
        child to a relative, a petition supporting the plan shall be 
        filed in juvenile court within 30 days of the hearing required 
        under this subdivision and a trial on the petition held within 
        30 days of the filing of the pleadings; or 
           (3) if the court orders the agency to file a termination of 
        parental rights, unless the county attorney can show cause why a 
        termination of parental rights petition should not be filed, a 
        petition for termination of parental rights shall be filed in 
        juvenile court within 30 days of the hearing required under this 
        subdivision and a trial on the petition held within 90 days of 
        the filing of the petition. 
           Sec. 24.  Minnesota Statutes 2000, section 260C.205, is 
        amended to read: 
           260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
           Unless the court disposes of the petition under section 
        260C.141, subdivision 2, upon a petition for review of the 
        foster care status of a child, the court may:  
           (a) Find that the child's needs are not being met, in which 
        case the court shall order the social services agency or the 
        parents to take whatever action is necessary and feasible to 
        meet the child's needs, including, when appropriate, the 
        provision by the social services agency of services to the 
        parents which would enable the child to live at home, and order 
        a disposition under section 260C.201. 
           (b) Find that the child has been abandoned by parents 
        financially or emotionally, or that the developmentally disabled 
        child does not require out-of-home care because of the 
        handicapping condition, in which case the court shall order the 
        social services agency to file an appropriate petition pursuant 
        to section 260C.141, subdivision 1, or 260C.307. 
           (c) When a child is in placement due solely to the child's 
        developmental disability or emotional disturbance and the court 
        finds that there are compelling reasons which permit the court 
        to approve the continued voluntary placement of the child and 
        retain jurisdiction to conduct reviews as required under section 
        260C.141, subdivision 2, the court shall give the parent notice 
        of the review requirements of section 260C.141, subdivision 2, 
        in the event the child continues in placement 12 months or 
        longer. 
           Nothing in this section shall be construed to prohibit 
        bringing a petition pursuant to section 260C.141, subdivision 1 
        or 4, sooner than required by court order pursuant to this 
        section.  
           Sec. 25.  Minnesota Statutes 2000, section 260C.212, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OUT-OF-HOME PLACEMENT; PLAN.] (a) A case 
        An out-of-home placement plan shall be prepared within 30 days 
        after any child is placed in a residential facility by court 
        order or by the voluntary release of the child by the parent or 
        parents.  
           For purposes of this section, a residential facility means 
        any group home, family foster home or other publicly supported 
        out-of-home residential facility, including any out-of-home 
        residential facility under contract with the state, county or 
        other political subdivision, or any agency thereof, to provide 
        those services or foster care as defined in section 260C.007, 
        subdivision 9.  
           (b) When a child is in placement, the responsible local 
        social services agency shall make diligent efforts to identify, 
        locate, and, where appropriate, offer services to both parents 
        of the child.  If a noncustodial or nonadjudicated parent is 
        willing and capable of providing for the day-to-day care of the 
        child, the local social services agency may seek authority from 
        the custodial parent or the court to have that parent assume 
        day-to-day care of the child.  If a parent is not an adjudicated 
        parent, the local social services agency shall require the 
        nonadjudicated parent to cooperate with paternity establishment 
        procedures as part of the case plan. 
           (c) If, after assessment, the local social services agency 
        determines that the child cannot be in the day-to-day care of 
        either parent, the agency shall prepare a case plan addressing 
        the conditions that each parent must mitigate before the child 
        could be in that parent's day-to-day care. 
           (d) If, after the provision of services following a case 
        plan under this section and ordered by the juvenile court, the 
        child cannot return to the care of the parent from whom the 
        child was removed or who had legal custody at the time the child 
        was placed in foster care, the agency may petition on behalf of 
        a noncustodial parent to establish legal custody with that 
        parent under section 260C.201, subdivision 11.  If paternity has 
        not already been established, it may be established in the same 
        proceeding in the manner provided for under this chapter. 
           The responsible social services agency may be relieved of 
        the requirement to locate and offer services to both parents by 
        the juvenile court upon a finding of good cause after the filing 
        of a petition under section 260B.141 or 260C.141. 
           (e) For the purposes of this section, a case An out-of-home 
        placement plan means a written document which is ordered by the 
        court or which is prepared by the responsible social services 
        agency responsible for the residential facility placement and is 
        jointly with the parent or parents or guardian of the child and 
        in consultation with the child's guardian ad litem, the child's 
        tribe, if the child is an Indian child, the child's foster 
        parent or representative of the residential facility, and, where 
        appropriate, the child.  As appropriate, the plan shall be: 
           (1) submitted to the court for approval under section 
        260C.178, subdivision 7; 
           (2) ordered by the court, either as presented or modified 
        after hearing, under section 260C.178, subdivision 7, or 
        260C.201, subdivision 6; and 
           (3) signed by the parent or parents, or other 
        custodian, guardian of the child, the child's legal guardian ad 
        litem, a representative of the child's tribe, the responsible 
        social services agency responsible for the residential facility 
        placement, and, if possible, the child.  
           (c) The document out-of-home placement plan shall be 
        explained to all persons involved in its implementation, 
        including the child who has signed the document plan, and shall 
        set forth: 
           (1) a description of the residential facility including how 
        the out-of-home placement plan is designed to achieve a safe 
        placement for the child in the least restrictive, most 
        family-like, setting available which is in close proximity to 
        the home of the parent or parents or guardian of the child when 
        the case plan goal is reunification, and how the placement is 
        consistent with the best interests and special needs of the 
        child according to the factors under subdivision 2, paragraph 
        (b); 
           (2) the specific reasons for the placement of the child in 
        a residential facility, including and when reunification is the 
        plan, a description of the problems or conditions in the home of 
        the parent or parents which necessitated removal of the child 
        from home and the changes the parent or parents must make in 
        order for the child to safely return home; 
           (2) (3) a description of the services offered and provided 
        to prevent removal of the child from the home and to reunify the 
        family including: 
           (i) the specific actions to be taken by the parent or 
        parents of the child to eliminate or correct the problems or 
        conditions identified in clause (1) (2), and the time period 
        during which the actions are to be taken; and 
           (ii) the reasonable efforts, or in the case of an Indian 
        child, active efforts to be made to achieve a safe and stable 
        home for the child including social and other supportive 
        services to be provided or offered to the parent or parents or 
        guardian of the child, the child, and the residential facility 
        during the period the child is in the residential facility; 
           (3) The financial responsibilities and obligations, if any, 
        of the parents for the support of the child during the period 
        the child is in the residential facility; 
           (4) a description of any services or resources that were 
        requested by the child or the child's parent, guardian, foster 
        parent, or custodian since the date of the child's placement in 
        the residential facility, and whether those services or 
        resources were provided and if not, the basis for the denial of 
        the services or resources; 
           (5) the visitation rights and obligations of plan for the 
        parent or parents or guardian, other relatives as defined in 
        section 260C.193 260C.007, subdivision 14, and siblings of the 
        child if the siblings are not placed together in the residential 
        facility, if such and whether visitation is consistent with the 
        best interest of the child, during the period the child is in 
        the residential facility; 
           (5) The social and other supportive services to be provided 
        to the parent or parents of the child, the child, and the 
        residential facility during the period the child is in the 
        residential facility; 
           (6) the date on which the child is expected to be returned 
        to and safely maintained in the home of the parent or parents or 
        placed for adoption or otherwise permanently removed from the 
        care of the parent by court order; 
           (7) the nature of the effort to be made by the social 
        services agency responsible for the placement to reunite the 
        family; 
           (8) notice to the parent or parents: 
           (i) that placement of the child in foster care may result 
        in termination of parental rights but only after notice and a 
        hearing as provided in chapter 260; and 
           (ii) in cases where the agency has determined that both 
        reasonable efforts to reunify the child with the parents, and 
        reasonable efforts to place the child in a permanent home away 
        from the parent that may become legally permanent are 
        appropriate, notice of: 
           (A) time limits on the length of placement and of 
        reunification services; 
           (B) the nature of the services available to the parent; 
           (C) the consequences to the parent and the child if the 
        parent fails or is unable to use services to correct the 
        circumstances that led to the child's placement; 
           (D) the first consideration for relative placement; and 
           (E) the benefit to the child in getting the child out of 
        residential care as soon as possible, preferably by returning 
        the child home, but if that is not possible, through a permanent 
        legal placement of the child away from the parent; 
           (9) a permanency hearing under section 260C.201, 
        subdivision 11, or a termination of parental rights hearing 
        under sections 260C.301 to 260C.328, where the agency asks the 
        court to find that the child should be permanently placed away 
        from the parent and includes documentation of the steps taken by 
        the responsible social services agency to find an adoptive 
        family or other permanent legal placement for the child, to 
        place the child with an adoptive family, a fit and willing 
        relative through an award of permanent legal and physical 
        custody, or in another planned and permanent legal placement.  
        The documentation must include child specific recruitment 
        efforts; and 
           (10) (6) documentation of steps to finalize the adoption or 
        legal guardianship of the child if the court has issued an order 
        terminating the rights of both parents of the child or of the 
        only known, living parent of the child, documentation of steps 
        to finalize the adoption or legal guardianship of the child. and 
        a copy of this documentation shall be provided to the court in 
        the review required under section 260C.317, subdivision 3, 
        paragraph (b); 
           (7) to the extent available and accessible, the health and 
        educational records of the child including: 
           (i) the names and addresses of the child's health and 
        educational providers; 
           (ii) the child's grade level performance; 
           (iii) the child's school record; 
           (iv) assurances that the child's placement in foster care 
        takes into account proximity to the school in which the child is 
        enrolled at the time of placement; 
           (v) a record of the child's immunizations; 
           (vi) the child's known medical problems; 
           (vii) the child's medications; and 
           (viii) any other relevant health and education information; 
        and 
           (8) an independent living plan for a child age 16 or older 
        who is in placement as a result of a permanency disposition.  
        The plan should include, but not be limited to, the following 
        objectives: 
           (i) educational, vocational, or employment planning; 
           (ii) health care planning and medical coverage; 
           (iii) transportation including, where appropriate, 
        assisting the child in obtaining a driver's license; 
           (iv) money management; 
           (v) planning for housing; 
           (vi) social and recreational skills; and 
           (vii) establishing and maintaining connections with the 
        child's family and community. 
           (f) (d) The parent or parents or guardian and the child 
        each shall have the right to legal counsel in the preparation of 
        the case plan and shall be informed of the right at the time of 
        placement of the child.  The child shall also have the right to 
        a guardian ad litem.  If unable to employ counsel from their own 
        resources, the court shall appoint counsel upon the request of 
        the parent or parents or the child or the child's legal 
        guardian.  The parent or parents may also receive assistance 
        from any person or social services agency in preparation of the 
        case plan. 
           After the plan has been agreed upon by the parties involved 
        or approved or ordered by the court, the foster parents shall be 
        fully informed of the provisions of the case plan and shall be 
        provided a copy of the plan. 
           (g) When an agency accepts a child for placement, the 
        agency shall determine whether the child has had a physical 
        examination by or under the direction of a licensed physician 
        within the 12 months immediately preceding the date when the 
        child came into the agency's care.  If there is documentation 
        that the child has had such an examination within the last 12 
        months, the agency is responsible for seeing that the child has 
        another physical examination within one year of the documented 
        examination and annually in subsequent years.  If the agency 
        determines that the child has not had a physical examination 
        within the 12 months immediately preceding placement, the agency 
        shall ensure that the child has the examination within 30 days 
        of coming into the agency's care and once a year in subsequent 
        years.  
           Sec. 26.  Minnesota Statutes 2000, section 260C.212, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 
        THE CHILD.] (a) The policy of the state of Minnesota is to 
        ensure that the child's best interests are met by requiring an 
        individualized determination of the needs of the child and of 
        how the selected placement will serve the needs of the child 
        being placed.  The authorized child-placing agency shall place a 
        child, released by court order or by voluntary release by the 
        parent or parents, in a family foster home selected by 
        considering placement with relatives and important friends 
        consistent with section 260C.193, subdivision 3. in the 
        following order: 
           (1) with an individual who is related to the child by 
        blood, marriage, or adoption; or 
           (2) with an individual who is an important friend with whom 
        the child has resided or had significant contact. 
           (b) Among the factors the agency shall consider in 
        determining the needs of the child are those specified under 
        section 260C.193, subdivision 3, paragraph (b) the following: 
           (1) the child's current functioning and behaviors; 
           (2) the medical, educational, and developmental needs of 
        the child; 
           (3) the child's history and past experience; 
           (4) the child's religious and cultural needs; 
           (5) the child's connection with a community, school, and 
        church; 
           (6) the child's interests and talents; 
           (7) the child's relationship to current caretakers, 
        parents, siblings, and relatives; and 
           (8) the reasonable preference of the child, if the court, 
        or the child-placing agency in the case of a voluntary 
        placement, deems the child to be of sufficient age to express 
        preferences. 
           (c) Placement of a child cannot be delayed or denied based 
        on race, color, or national origin of the foster parent or the 
        child. 
           (d) Siblings should be placed together for foster care and 
        adoption at the earliest possible time unless it is determined 
        not to be in the best interests of a sibling or unless it is not 
        possible after appropriate efforts by the responsible social 
        services agency.  
           Sec. 27.  Minnesota Statutes 2000, section 260C.212, 
        subdivision 4, is amended to read: 
           Subd. 4.  [NOTICE BEFORE VOLUNTARY PLACEMENT RESPONSIBLE 
        SOCIAL SERVICE AGENCY'S DUTIES FOR CHILDREN IN PLACEMENT.] (a) 
        When a child is in placement, the responsible social services 
        agency shall make diligent efforts to identify, locate, and, 
        where appropriate, offer services to both parents of the child. 
           (1) If a noncustodial or nonadjudicated parent is willing 
        and capable of providing for the day-to-day care of the child, 
        the responsible social services agency may seek authority from 
        the custodial parent or the court to have that parent assume 
        day-to-day care of the child.  If a parent is not an adjudicated 
        parent, the responsible social services agency shall require the 
        nonadjudicated parent to cooperate with paternity establishment 
        procedures as part of the case plan. 
           (2) If, after assessment, the responsible social services 
        agency determines that the child cannot be in the day-to-day 
        care of either parent, the agency shall prepare an out-of-home 
        placement plan addressing the conditions that each parent must 
        meet before the child can be in that parent's day-to-day care. 
           (3) If, after the provision of services following an 
        out-of-home placement plan under this section, the child cannot 
        return to the care of the parent from whom the child was removed 
        or who had legal custody at the time the child was placed in 
        foster care, the agency may petition on behalf of a noncustodial 
        parent to establish legal custody with that parent under section 
        260C.201, subdivision 11.  If paternity has not already been 
        established, it may be established in the same proceeding in the 
        manner provided for under chapter 257. 
           (4) The responsible social services agency may be relieved 
        of the requirement to locate and offer services to both parents 
        by the juvenile court upon a finding of good cause after the 
        filing of a petition under section 260C.141. 
           (b) The responsible social services agency shall give 
        notice to the parent or parents or guardian of each child in a 
        residential facility, other than a child in placement due solely 
        to that child's developmental disability or emotional 
        disturbance, of the following information: 
           (1) that residential care of the child may result in 
        termination of parental rights or an order permanently placing 
        the child out of the custody of the parent, but only after 
        notice and a hearing as required under chapter 260C and the 
        juvenile court rules; 
           (2) time limits on the length of placement and of 
        reunification services, including the date on which the child is 
        expected to be returned to and safely maintained in the home of 
        the parent or parents or placed for adoption or otherwise 
        permanently removed from the care of the parent by court order; 
           (3) the nature of the services available to the parent; 
           (4) the consequences to the parent and the child if the 
        parent fails or is unable to use services to correct the 
        circumstances that led to the child's placement; 
           (5) the first consideration for placement with relatives; 
           (6) the benefit to the child in getting the child out of 
        residential care as soon as possible, preferably by returning 
        the child home, but if that is not possible, through a permanent 
        legal placement of the child away from the parent; 
           (7) when safe for the child, the benefits to the child and 
        the parent of maintaining visitation with the child as soon as 
        possible in the course of the case and, in any event, according 
        to the visitation plan under this section; and 
           (8) the financial responsibilities and obligations, if any, 
        of the parent or parents for the support of the child during the 
        period the child is in the residential facility. 
           (c) The local responsible social services agency shall 
        inform a parent considering voluntary placement of a child who 
        is not developmentally disabled or emotionally 
        handicapped disturbed of the following information: 
           (1) the parent and the child each has a right to separate 
        legal counsel before signing a voluntary placement agreement, 
        but not to counsel appointed at public expense; 
           (2) the parent is not required to agree to the voluntary 
        placement, and a parent who enters a voluntary placement 
        agreement may at any time request that the agency return the 
        child.  If the parent so requests, the child must be returned 
        within 24 hours of the receipt of the request; 
           (3) evidence gathered during the time the child is 
        voluntarily placed may be used at a later time as the basis for 
        a petition alleging that the child is in need of protection or 
        services or as the basis for a petition seeking termination of 
        parental rights or other permanent placement of the child away 
        from the parent; 
           (4) if the local responsible social services agency files a 
        petition alleging that the child is in need of protection or 
        services or a petition seeking the termination of parental 
        rights or other permanent placement of the child away from the 
        parent, the parent would have the right to appointment of 
        separate legal counsel and the child would have a right to the 
        appointment of counsel and a guardian ad litem as provided by 
        law, and that counsel will be appointed at public expense if 
        they are unable to afford counsel; and 
           (5) the timelines and procedures for review of voluntary 
        placements under subdivision 3, and the effect the time spent in 
        voluntary placement on the scheduling of a permanent placement 
        determination hearing under section 260C.201, subdivision 11.  
           (d) When an agency accepts a child for placement, the 
        agency shall determine whether the child has had a physical 
        examination by or under the direction of a licensed physician 
        within the 12 months immediately preceding the date when the 
        child came into the agency's care.  If there is documentation 
        that the child has had an examination within the last 12 months, 
        the agency is responsible for seeing that the child has another 
        physical examination within one year of the documented 
        examination and annually in subsequent years.  If the agency 
        determines that the child has not had a physical examination 
        within the 12 months immediately preceding placement, the agency 
        shall ensure that the child has an examination within 30 days of 
        coming into the agency's care and once a year in subsequent 
        years. 
           Sec. 28.  Minnesota Statutes 2000, section 260C.212, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RELATIVE SEARCH; NATURE.] (a) In implementing 
        the requirement that the responsible social services agency must 
        consider placement with a relative under subdivision 2 as soon 
        as possible, but in any event within six months after a child is 
        initially placed in a residential facility after identifying the 
        need for placement of the child in foster care, the local 
        responsible social services agency shall identify any relatives 
        of the child and notify them of the need for a foster care home 
        for the child and of the possibility of the need for a permanent 
        out-of-home placement of the child.  The relative search 
        required by this section shall be reasonable in scope and may 
        last up to six months or until a fit and willing relative is 
        identified.  Relatives should also be notified that a decision 
        not to be a placement resource at the beginning of the case may 
        affect the relative being considered for placement of the child 
        with that relative later.  The relatives must be notified that 
        they must keep the local responsible social services agency 
        informed of their current address in order to receive notice 
        that a permanent placement is being sought for the child.  A 
        relative who fails to provide a current address to the local 
        responsible social services agency forfeits the right to notice 
        of the possibility of permanent placement.  If the child's 
        parent refuses to give the responsible social services agency 
        information sufficient to identify relatives of the child, the 
        agency shall determine whether the parent's refusal is in the 
        child's best interests.  If the agency determines the parent's 
        refusal is not in the child's best interests, the agency shall 
        file a petition under section 260B.141 or 260C.141, and shall 
        ask the juvenile court to order the parent to provide the 
        necessary information. 
           (b) A responsible social services agency may disclose 
        private or confidential data, as defined in section 13.02, to 
        relatives of the child for the purpose of locating a suitable 
        placement.  The agency shall disclose only data that is 
        necessary to facilitate possible placement with relatives.  If 
        the child's parent refuses to give the responsible social 
        services agency information sufficient to identify relatives of 
        the child, the agency shall determine whether the parent's 
        refusal is in the child's best interests.  If the agency 
        determines the parent's refusal is not in the child's best 
        interests, the agency shall file a petition under section 
        260C.141, and shall ask the juvenile court to order the parent 
        to provide the necessary information.  If a parent makes an 
        explicit request that relatives or a specific relative not be 
        contacted or considered for placement, the agency shall bring 
        the parent's request to the attention of the court to determine 
        whether the parent's request is consistent with the best 
        interests of the child and the agency shall not contact 
        relatives or a specific relative unless authorized to do so by 
        the juvenile court. 
           (c) When the placing agency determines that a permanent 
        placement hearing is necessary because there is a likelihood 
        that the child will not return to a parent's care, the agency 
        may send the notice provided in paragraph (d), or may ask the 
        court to modify the requirements of the agency under this 
        paragraph, or may ask the court to completely relieve the agency 
        of the requirements of this paragraph.  The relative 
        notification requirements of this paragraph do not apply when 
        the child is placed with an appropriate relative or a foster 
        home that has committed to being the permanent legal placement 
        for the child and the agency approves of that foster home for 
        permanent placement of the child.  The actions ordered by the 
        court under this section must be consistent with the best 
        interests, safety, and welfare of the child. 
           (d) Unless required under the Indian Child Welfare Act or 
        relieved of this duty by the court because the child is placed 
        with an appropriate relative who wishes to provide a permanent 
        home for the child or the child is placed with a foster home 
        that has committed to being the permanent legal placement for 
        the child and the responsible social services agency approves of 
        that foster home for permanent placement of the child under 
        paragraph (c), when the agency determines that it is necessary 
        to prepare for the permanent placement determination hearing, or 
        in anticipation of filing a termination of parental rights 
        petition, the agency shall send notice to the relatives, any 
        adult with whom the child is currently residing, any adult with 
        whom the child has resided for one year or longer in the past, 
        and any adults who have maintained a relationship or exercised 
        visitation with the child as identified in the agency case 
        plan.  The notice must state that a permanent home is sought for 
        the child and that the individuals receiving the notice may 
        indicate to the agency their interest in providing a permanent 
        home.  The notice must state that within 30 days of receipt of 
        the notice an individual receiving the notice must indicate to 
        the agency the individual's interest in providing a permanent 
        home for the child or that the individual may lose the 
        opportunity to be considered for a permanent placement.  This 
        notice need not be sent if the child is placed with an 
        appropriate relative who wishes to provide a permanent home for 
        the child.  
           Sec. 29.  Minnesota Statutes 2000, section 260C.212, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SIX-MONTH ADMINISTRATIVE OR COURT REVIEW OF 
        PLACEMENTS.] (a) There shall be an administrative review of 
        the case out-of-home placement plan of each child placed in a 
        residential facility no later than 180 days after the initial 
        placement of the child in a residential facility and at least 
        every six months thereafter if the child is not returned to the 
        home of the parent or parents within that time.  The case 
        out-of-home placement plan must be monitored and updated at each 
        administrative review.  As an alternative to the administrative 
        review, the social services agency responsible for the placement 
        may bring a petition as provided in section 260C.141, 
        subdivision 2, to the court for review of the foster care to 
        determine if placement is in the best interests of the child.  
        This petition must be brought to the court in order for a court 
        determination to be made regarding the best interests of the 
        child within the applicable six months and is not in lieu of the 
        requirements contained in subdivision 3 or 4.  A court review 
        conducted pursuant to section 260C.201, subdivision 11, or 
        section 260C.141, subdivision 2, shall satisfy the requirement 
        for an administrative review so long as the other requirements 
        of this section are met.  
           (b) At the review required under paragraph (a), the 
        reviewing administrative body or the court shall review: 
           (1) the safety of the child; 
           (2) the continuing necessity for and appropriateness of the 
        placement; 
           (3) the extent of compliance with the out-of-home placement 
        plan; 
           (4) where appropriate, the extent of progress which has 
        been made toward alleviating or mitigating the causes 
        necessitating placement in a residential facility; 
           (5) where appropriate, the projected date by which the 
        child may be returned to and safely maintained in the home or 
        placed permanently away from the care of the parent or parents 
        or guardian; and 
           (6) the appropriateness of the services provided to the 
        child. 
           Sec. 30.  Minnesota Statutes 2000, section 260C.212, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
        provided in subdivision 4 for a child in placement due solely to 
        the child's developmental disability or emotional disturbance, 
        if the child has been placed in a residential facility pursuant 
        to a voluntary release by the parent or parents, and is not 
        returned home within 90 days after initial placement in the 
        residential facility, the social services agency responsible for 
        the placement shall: 
           (1) return the child to the home of the parent or parents; 
        or 
           (2) file a petition according to section 260B.141, 
        subdivision 1, or 260C.141, subdivision 1 or 2, which may: 
           (i) ask the court to review the placement and approve it 
        for up to an additional 90 days; 
           (ii) ask the court to order continued out-of-home placement 
        according to sections 260B.178, 260C.178, and 260C.201; or 
           (iii) ask the court to terminate parental rights under 
        section 260C.301. 
           The case out-of-home placement plan must be updated when a 
        petition is filed and must include a specific plan for 
        permanency, which may include a time line for returning the 
        child home or a plan for permanent placement of the child away 
        from the parent, or both and filed along with the petition.  
           If the court approves continued out-of-home placement for 
        up to 90 more days, at the end of the court-approved 90-day 
        period, the child must be returned to the parent's home.  If the 
        child is not returned home, the responsible social services 
        agency must proceed on the petition filed alleging the child in 
        need of protection or services or the petition for termination 
        of parental rights or other permanent placement of the child 
        away from the parent.  The court must find a statutory basis to 
        order the placement of the child under section 260B.178; 
        260C.178; 260C.201; or 260C.317. 
           Sec. 31.  Minnesota Statutes 2000, section 260C.212, 
        subdivision 9, is amended to read: 
           Subd. 9.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
        EMOTIONALLY HANDICAPPED CERTAIN CHILD PLACEMENTS.] (a) If a 
        developmentally disabled child, as that term is defined in 
        United States Code, title 42, section 6001(7), as amended 
        through December 31, 1979, or a child diagnosed with an 
        emotional handicap as defined in section 252.27, subdivision 1a, 
        as emotionally disturbed has been placed in a residential 
        facility pursuant to a voluntary release by the child's parent 
        or parents because of the child's handicapping conditions or 
        need for long-term residential treatment or supervision, the 
        social services agency responsible for the placement 
        shall report to the court and bring a petition for review of the 
        child's foster care status, pursuant to section 260C.141, 
        subdivision 2, after the child has been in placement for six 
        months as required in section 260C.141, subdivision 2, paragraph 
        (b). 
           (b) If a child is in placement due solely to the 
        child's handicapping condition and developmental disability or 
        emotional disturbance, and the court finds compelling reasons 
        not to proceed under section 260C.201, subdivision 11, custody 
        of the child is not transferred to the responsible social 
        services agency under section 260C.201, subdivision 1, paragraph 
        (a), clause (2), and no petition is required by section 
        260C.201, subdivision 11.  
           (c) Whenever a petition for review is brought pursuant to 
        this subdivision, a guardian ad litem shall be appointed for the 
        child.  
           Sec. 32.  Minnesota Statutes 2000, section 260C.215, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each 
        authorized child-placing agency must: 
           (1) develop and follow procedures for implementing the 
        requirements of section 260C.193, subdivision 3, and the Indian 
        Child Welfare Act, United States Code, title 25, sections 1901 
        to 1923; 
           (2) have a written plan for recruiting adoptive and foster 
        families that reflect the ethnic and racial diversity of 
        children who are in need of foster and adoptive homes.  The plan 
        must include (i) strategies for using existing resources in 
        diverse communities, (ii) use of diverse outreach staff wherever 
        possible, (iii) use of diverse foster homes for placements after 
        birth and before adoption, and (iv) other techniques as 
        appropriate; 
           (3) have a written plan for training adoptive and foster 
        families; 
           (4) have a written plan for employing staff in adoption and 
        foster care who have the capacity to assess the foster and 
        adoptive parents' ability to understand and validate a child's 
        cultural needs, and to advance the best interests of the child.  
        The plan must include staffing goals and objectives; 
           (5) ensure that adoption and foster care workers attend 
        training offered or approved by the department of human services 
        regarding cultural diversity and the needs of special needs 
        children; and 
           (6) develop and implement procedures for implementing the 
        requirements of the Indian Child Welfare Act and the Minnesota 
        Indian Family Preservation Act. 
           (b) In implementing the requirement to consider relatives 
        for placement, an authorized child-placing agency may disclose 
        private or confidential data, as defined in section 13.02, to 
        relatives of the child for the purpose of locating a suitable 
        placement.  The agency shall disclose only data that is 
        necessary to facilitate implementing the preference.  If a 
        parent makes an explicit request that the relative preference 
        not be followed, the agency shall bring the matter to the 
        attention of the court to determine whether the parent's request 
        is consistent with the best interests of the child and the 
        agency shall not contact relatives unless ordered to do so by 
        the juvenile court; and 
           (c) In determining the suitability of a proposed placement 
        of an Indian child, the standards to be applied must be the 
        prevailing social and cultural standards of the Indian child's 
        community, and the agency shall defer to tribal judgment as to 
        suitability of a particular home when the tribe has intervened 
        pursuant to the Indian Child Welfare Act.  
           Sec. 33.  Minnesota Statutes 2000, section 260C.301, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
        court may upon petition, terminate all rights of a parent to a 
        child: 
           (a) with the written consent of a parent who for good cause 
        desires to terminate parental rights; or 
           (b) if it finds that one or more of the following 
        conditions exist: 
           (1) that the parent has abandoned the child; 
           (2) that the parent has substantially, continuously, or 
        repeatedly refused or neglected to comply with the duties 
        imposed upon that parent by the parent and child relationship, 
        including but not limited to providing the child with necessary 
        food, clothing, shelter, education, and other care and control 
        necessary for the child's physical, mental, or emotional health 
        and development, if the parent is physically and financially 
        able, and either reasonable efforts by the social services 
        agency have failed to correct the conditions that formed the 
        basis of the petition or reasonable efforts would be futile and 
        therefore unreasonable; 
           (3) that a parent has been ordered to contribute to the 
        support of the child or financially aid in the child's birth and 
        has continuously failed to do so without good cause.  This 
        clause shall not be construed to state a grounds for termination 
        of parental rights of a noncustodial parent if that parent has 
        not been ordered to or cannot financially contribute to the 
        support of the child or aid in the child's birth; 
           (4) that a parent is palpably unfit to be a party to the 
        parent and child relationship because of a consistent pattern of 
        specific conduct before the child or of specific conditions 
        directly relating to the parent and child relationship either of 
        which are determined by the court to be of a duration or nature 
        that renders the parent unable, for the reasonably foreseeable 
        future, to care appropriately for the ongoing physical, mental, 
        or emotional needs of the child.  It is presumed that a parent 
        is palpably unfit to be a party to the parent and child 
        relationship upon a showing that the parent's parental rights to 
        one or more other children were involuntarily terminated or that 
        the parent's custodial rights to another child have been 
        involuntarily transferred to a relative under section 260C.201, 
        subdivision 11, paragraph (e), clause (1), or a similar law of 
        another jurisdiction; 
           (5) that following the child's placement out of the home, 
        reasonable efforts, under the direction of the court, have 
        failed to correct the conditions leading to the child's 
        placement.  It is presumed that reasonable efforts under this 
        clause have failed upon a showing that: 
           (i) a child has resided out of the parental home under 
        court order for a cumulative period of 12 months within the 
        preceding 22 months.  In the case of a child under age eight at 
        the time the petition was filed alleging the child to be in need 
        of protection or services, the presumption arises when the child 
        has resided out of the parental home under court order for six 
        months unless the parent has maintained regular contact with the 
        child and the parent is complying with the case out-of-home 
        placement plan; 
           (ii) the court has approved a case the out-of-home 
        placement plan required under section 260C.212 and filed with 
        the court under section 260C.178; 
           (iii) conditions leading to the out-of-home placement have 
        not been corrected.  It is presumed that conditions leading to a 
        child's out-of-home placement have not been corrected upon a 
        showing that the parent or parents have not substantially 
        complied with the court's orders and a reasonable case plan; and 
           (iv) reasonable efforts have been made by the social 
        services agency to rehabilitate the parent and reunite the 
        family. 
           This clause does not prohibit the termination of parental 
        rights prior to one year, or in the case of a child under age 
        eight, within prior to six months after a child has been placed 
        out of the home. 
           It is also presumed that reasonable efforts have failed 
        under this clause upon a showing that: 
           (A) the parent has been diagnosed as chemically dependent 
        by a professional certified to make the diagnosis; 
           (B) the parent has been required by a case plan to 
        participate in a chemical dependency treatment program; 
           (C) the treatment programs offered to the parent were 
        culturally, linguistically, and clinically appropriate; 
           (D) the parent has either failed two or more times to 
        successfully complete a treatment program or has refused at two 
        or more separate meetings with a caseworker to participate in a 
        treatment program; and 
           (E) the parent continues to abuse chemicals.  
           (6) that a child has experienced egregious harm in the 
        parent's care which is of a nature, duration, or chronicity that 
        indicates a lack of regard for the child's well-being, such that 
        a reasonable person would believe it contrary to the best 
        interest of the child or of any child to be in the parent's 
        care; 
           (7) that in the case of a child born to a mother who was 
        not married to the child's father when the child was conceived 
        nor when the child was born the person is not entitled to notice 
        of an adoption hearing under section 259.49 and the person has 
        not registered with the fathers' adoption registry under section 
        259.52; 
           (8) that the child is neglected and in foster care; or 
           (9) that the parent has been convicted of a crime listed in 
        section 260.012, paragraph (b), clauses (1) to (3). 
           In an action involving an American Indian child, sections 
        260.751 to 260.835 and the Indian Child Welfare Act, United 
        States Code, title 25, sections 1901 to 1923, control to the 
        extent that the provisions of this section are inconsistent with 
        those laws.  
           Sec. 34.  Minnesota Statutes 2000, section 260C.301, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 
        The county attorney shall file a termination of parental rights 
        petition within 30 days of the responsible social services 
        agency determining that a child has been subjected to egregious 
        harm as defined in section 260C.007, subdivision 26, is 
        determined to be the sibling of another child of the parent who 
        was subjected to egregious harm, or is an abandoned infant as 
        defined in subdivision 2, paragraph (a), clause (2), or the 
        parent has lost parental rights to another child through an 
        order involuntarily terminating the parent's rights, or another 
        child of the parent is the subject of an order transferring 
        permanent legal and physical custody of the child to a relative 
        under section 260C.201, subdivision 11, paragraph (e), clause 
        (1), or a similar law of another jurisdiction.  The local social 
        services agency shall concurrently identify, recruit, process, 
        and approve an adoptive family for the child.  If a termination 
        of parental rights petition has been filed by another party, the 
        local social services agency shall be joined as a party to the 
        petition.  If criminal charges have been filed against a parent 
        arising out of the conduct alleged to constitute egregious harm, 
        the county attorney shall determine which matter should proceed 
        to trial first, consistent with the best interests of the child 
        and subject to the defendant's right to a speedy trial. 
           (b) This requirement does not apply if the county attorney 
        determines and files with the court: 
           (1) a petition for transfer of permanent legal and physical 
        custody to a relative under section 260C.201, subdivision 11, 
        including a determination that the transfer is in the best 
        interests of the child; or 
           (2) a petition alleging the child, and where appropriate, 
        the child's siblings, to be in need of protection or services 
        accompanied by a case plan prepared by the responsible social 
        services agency documenting a compelling reason why filing a 
        termination of parental rights petition would not be in the best 
        interests of the child. 
           Sec. 35.  Minnesota Statutes 2000, section 260C.301, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CURRENT FOSTER CARE CHILDREN.] Except for cases 
        where the child is in placement due solely to the child's status 
        as developmentally delayed under United States Code, title 42, 
        section 6001(7), developmental disability or emotionally 
        handicapped under section 252.27, and emotional disturbance, 
        where custody has not been transferred to the responsible social 
        services agency, and where the court finds compelling reasons to 
        continue placement, the county attorney shall file a termination 
        of parental rights petition or a petition to support another 
        permanent placement proceeding transfer permanent legal and 
        physical custody to a relative under section 260C.201, 
        subdivision 11, for all children who are placed in out-of-home 
        care for reasons other than care or treatment of the child's 
        disability, and who are in out-of-home placement on April 21, 
        1998, and have been in out-of-home care for 15 of the most 
        recent 22 months.  This requirement does not apply if there is a 
        compelling reason documented in a case plan filed with approved 
        by the court for determining that filing a termination of 
        parental rights petition or other permanency petition would not 
        be in the best interests of the child or if the responsible 
        social services agency has not provided reasonable efforts 
        necessary for the safe return of the child, if reasonable 
        efforts are required.  
           Sec. 36.  Minnesota Statutes 2000, section 260C.301, 
        subdivision 8, is amended to read: 
           Subd. 8.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
        proceeding under this section, the court shall make specific 
        findings: 
           (1) that reasonable efforts to prevent the placement and to 
        reunify the child and the parent were made including 
        individualized and explicit findings regarding the nature and 
        extent of efforts made by the social services agency to 
        rehabilitate the parent and reunite the family; or 
           (2) that reasonable efforts at reunification are not 
        required as provided under section 260.012. 
           Sec. 37.  Minnesota Statutes 2000, section 260C.312, is 
        amended to read: 
           260C.312 [DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.] 
           (a) If, after a hearing, the court does not terminate 
        parental rights but determines that the child is in need of 
        protection or services, or that the child is neglected and in 
        foster care, the court may find the child is in need of 
        protection or services or neglected and in foster care and may 
        enter an order in accordance with the provisions of section 
        260C.201. 
           (b) When a child has been in placement 15 of the last 22 
        months after a trial on a termination of parental rights 
        petition, if the court finds that the petition is not proven or 
        that termination of parental rights is not in the child's best 
        interests, the court must order the child returned to the care 
        of the parent unless the court finds compelling reasons why the 
        child should remain out of the care of the parent.  If the court 
        orders the child returned to the care of the parent, the court 
        may order protective supervision or monitoring under section 
        260C.201. 
           Sec. 38.  Minnesota Statutes 2000, section 260C.317, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
        certified copy of the findings and the order terminating 
        parental rights, and a summary of the court's information 
        concerning the child shall be furnished by the court to the 
        commissioner or the agency to which guardianship is 
        transferred.  The orders shall be on a document separate from 
        the findings.  The court shall furnish the individual to whom 
        guardianship is transferred a copy of the order terminating 
        parental rights. 
           (b) The court shall retain jurisdiction in a case where 
        adoption is the intended permanent placement disposition.  The 
        guardian ad litem and counsel for the child shall continue on 
        the case until an adoption decree is entered.  A hearing must be 
        held every 90 days following termination of parental rights for 
        the court to review progress toward an adoptive placement and 
        the specific recruitment efforts the agency has taken to find an 
        adoptive family or other placement living arrangement for the 
        child and to finalize the adoption or other permanency plan. 
           (c) When adoption is not the intended disposition, and if 
        the child continues in out-of-home placement for 12 months after 
        the court has issued the order terminating parental rights and 
        at least every 12 months thereafter as long as the child 
        continues in out-of-home placement, the court shall conduct a 
        permanency review hearing to determine the future status of the 
        child including, but not limited to, whether the child should be 
        continued in out-of-home placement, should be placed for 
        adoption, or should, because of the child's special needs and 
        for compelling reasons, be ordered into long-term out-of-home 
        placement.  
           (d) The court shall retain jurisdiction in a case where 
        long-term foster care is the permanent disposition whether under 
        paragraph (c) or section 260C.201, subdivision 11.  The guardian 
        ad litem and counsel for the child must be dismissed from the 
        case on the effective date of the permanent placement order.  
        However, the foster parent and the child, if of sufficient age, 
        must be informed how they may contact a guardian ad litem if the 
        matter is subsequently returned to court.  All of the review 
        requirements under section 260C.201, subdivision 11, paragraph 
        (g), apply.  
           Sec. 39.  Minnesota Statutes 2000, section 260C.325, 
        subdivision 4, is amended to read: 
           Subd. 4.  [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian 
        appointed under the provisions of this section has legal custody 
        of a ward unless the court which appoints the guardian gives 
        legal custody to some other person.  If the court awards custody 
        to a person other than the guardian, the guardian nonetheless 
        has the right and responsibility of reasonable visitation, 
        except as limited by court order.  
           (b) The guardian may make major decisions affecting the 
        person of the ward, including but not limited to giving consent 
        (when consent is legally required) to the marriage, enlistment 
        in the armed forces, medical, surgical, or psychiatric 
        treatment, or adoption of the ward.  When, pursuant to this 
        section, the commissioner of human services is appointed 
        guardian, the commissioner may delegate to the local responsible 
        social services agency of the county in which, after the 
        appointment, the ward resides, the authority to act for the 
        commissioner in decisions affecting the person of the ward, 
        including but not limited to giving consent to the marriage, 
        enlistment in the armed forces, medical, surgical, or 
        psychiatric treatment of the ward. 
           (c) A guardianship created under the provisions of this 
        section shall not of itself include the guardianship of the 
        estate of the ward.  
           (d) If the ward is in foster care, the court shall, upon 
        its own motion or that of the guardian, conduct a dispositional 
        hearing within 18 months of the child's initial foster care 
        placement and once every 12 months thereafter to determine the 
        future status of the ward including, but not limited to, whether 
        the child should be continued in foster care for a specified 
        period, should be placed for adoption, or should, because of the 
        child's special needs or circumstances, be continued in foster 
        care on a long-term basis.  
           Sec. 40.  Minnesota Statutes 2000, section 626.556, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them unless the specific 
        content indicates otherwise: 
           (a) "Sexual abuse" means the subjection of a child by a 
        person responsible for the child's care, by a person who has a 
        significant relationship to the child, as defined in section 
        609.341, or by a person in a position of authority, as defined 
        in section 609.341, subdivision 10, to any act which constitutes 
        a violation of section 609.342 (criminal sexual conduct in the 
        first degree), 609.343 (criminal sexual conduct in the second 
        degree), 609.344 (criminal sexual conduct in the third degree), 
        609.345 (criminal sexual conduct in the fourth degree), or 
        609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
        abuse also includes any act which involves a minor which 
        constitutes a violation of prostitution offenses under sections 
        609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
        sexual abuse.  
           (b) "Person responsible for the child's care" means (1) an 
        individual functioning within the family unit and having 
        responsibilities for the care of the child such as a parent, 
        guardian, or other person having similar care responsibilities, 
        or (2) an individual functioning outside the family unit and 
        having responsibilities for the care of the child such as a 
        teacher, school administrator, or other lawful custodian of a 
        child having either full-time or short-term care 
        responsibilities including, but not limited to, day care, 
        babysitting whether paid or unpaid, counseling, teaching, and 
        coaching.  
           (c) "Neglect" means: 
           (1) failure by a person responsible for a child's care to 
        supply a child with necessary food, clothing, shelter, health, 
        medical, or other care required for the child's physical or 
        mental health when reasonably able to do so; 
           (2) failure to protect a child from conditions or actions 
        which imminently and seriously endanger the child's physical or 
        mental health when reasonably able to do so; 
           (3) failure to provide for necessary supervision or child 
        care arrangements appropriate for a child after considering 
        factors as the child's age, mental ability, physical condition, 
        length of absence, or environment, when the child is unable to 
        care for the child's own basic needs or safety, or the basic 
        needs or safety of another child in their care; 
           (4) failure to ensure that the child is educated as defined 
        in sections 120A.22 and 260C.163, subdivision 11; 
           (5) nothing in this section shall be construed to mean that 
        a child is neglected solely because the child's parent, 
        guardian, or other person responsible for the child's care in 
        good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the child 
        in lieu of medical care; except that a parent, guardian, or 
        caretaker, or a person mandated to report pursuant to 
        subdivision 3, has a duty to report if a lack of medical care 
        may cause serious danger to the child's health.  This section 
        does not impose upon persons, not otherwise legally responsible 
        for providing a child with necessary food, clothing, shelter, 
        education, or medical care, a duty to provide that care; 
           (6) prenatal exposure to a controlled substance, as defined 
        in section 253B.02, subdivision 2, used by the mother for a 
        nonmedical purpose, as evidenced by withdrawal symptoms in the 
        child at birth, results of a toxicology test performed on the 
        mother at delivery or the child at birth, or medical effects or 
        developmental delays during the child's first year of life that 
        medically indicate prenatal exposure to a controlled substance; 
           (7) "medical neglect" as defined in section 260C.007, 
        subdivision 4, clause (5); 
           (8) chronic and severe use of alcohol or a controlled 
        substance by a parent or person responsible for the care of the 
        child that adversely affects the child's basic needs and safety; 
        or 
           (9) emotional harm from a pattern of behavior which 
        contributes to impaired emotional functioning of the child which 
        may be demonstrated by a substantial and observable effect in 
        the child's behavior, emotional response, or cognition that is 
        not within the normal range for the child's age and stage of 
        development, with due regard to the child's culture. 
           (d) "Physical abuse" means any physical injury, mental 
        injury, or threatened injury, inflicted by a person responsible 
        for the child's care on a child other than by accidental means, 
        or any physical or mental injury that cannot reasonably be 
        explained by the child's history of injuries, or any aversive 
        and deprivation procedures that have not been authorized under 
        section 245.825.  Abuse does not include reasonable and moderate 
        physical discipline of a child administered by a parent or legal 
        guardian which does not result in an injury.  Actions which are 
        not reasonable and moderate include, but are not limited to, any 
        of the following that are done in anger or without regard to the 
        safety of the child: 
           (1) throwing, kicking, burning, biting, or cutting a child; 
           (2) striking a child with a closed fist; 
           (3) shaking a child under age three; 
           (4) striking or other actions which result in any 
        nonaccidental injury to a child under 18 months of age; 
           (5) unreasonable interference with a child's breathing; 
           (6) threatening a child with a weapon, as defined in 
        section 609.02, subdivision 6; 
           (7) striking a child under age one on the face or head; 
           (8) purposely giving a child poison, alcohol, or dangerous, 
        harmful, or controlled substances which were not prescribed for 
        the child by a practitioner, in order to control or punish the 
        child; or other substances that substantially affect the child's 
        behavior, motor coordination, or judgment or that results in 
        sickness or internal injury, or subjects the child to medical 
        procedures that would be unnecessary if the child were not 
        exposed to the substances; or 
           (9) unreasonable physical confinement or restraint not 
        permitted under section 609.379, including but not limited to 
        tying, caging, or chaining. 
           (e) "Report" means any report received by the local welfare 
        agency, police department, or county sheriff pursuant to this 
        section. 
           (f) "Facility" means a licensed or unlicensed day care 
        facility, residential facility, agency, hospital, sanitarium, or 
        other facility or institution required to be licensed under 
        sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
        chapter 245B; or a school as defined in sections 120A.05, 
        subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
        personal care provider organization as defined in sections 
        256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
           (g) "Operator" means an operator or agency as defined in 
        section 245A.02.  
           (h) "Commissioner" means the commissioner of human services.
           (i) "Assessment" includes authority to interview the child, 
        the person or persons responsible for the child's care, the 
        alleged perpetrator, and any other person with knowledge of the 
        abuse or neglect for the purpose of gathering the facts, 
        assessing the risk to the child, and formulating a plan.  
           (j) "Practice of social services," for the purposes of 
        subdivision 3, includes but is not limited to employee 
        assistance counseling and the provision of guardian ad litem and 
        parenting time expeditor services.  
           (k) "Mental injury" means an injury to the psychological 
        capacity or emotional stability of a child as evidenced by an 
        observable or substantial impairment in the child's ability to 
        function within a normal range of performance and behavior with 
        due regard to the child's culture. 
           (l) "Threatened injury" means a statement, overt act, 
        condition, or status that represents a substantial risk of 
        physical or sexual abuse or mental injury.  Threatened injury 
        includes, but is not limited to, exposing a child to a person 
        responsible for the child's care, as defined in paragraph (b), 
        clause (1), who has: 
           (1) subjected a child to, or failed to protect a child 
        from, an overt act or condition that constitutes egregious harm, 
        as defined in section 260C.007, subdivision 26, or a similar law 
        of another jurisdiction; 
           (2) been found to be palpably unfit under section 260C.301, 
        paragraph (b), clause (4), or a similar law of another 
        jurisdiction; 
           (3) committed an act that has resulted in an involuntary 
        termination of parental rights under section 260C.301, or a 
        similar law of another jurisdiction; or 
           (4) committed an act that has resulted in the involuntary 
        transfer of permanent legal and physical custody of a child to a 
        relative under section 260C.201, subdivision 11, paragraph (e), 
        clause (1), or a similar law of another jurisdiction. 
           (m) Persons who conduct assessments or investigations under 
        this section shall take into account accepted child-rearing 
        practices of the culture in which a child participates, which 
        are not injurious to the child's health, welfare, and safety. 
           Sec. 41.  [EXCHANGE OF RECORDS BETWEEN DEPARTMENT OF HEALTH 
        AND DEPARTMENT OF HUMAN SERVICES.] 
           The commissioners of health and human services shall 
        exchange birth record data and data contained in recognitions of 
        parentage for the purpose of identifying a child who is subject 
        to threatened injury by a person responsible for a child's care 
        to the extent possible using existing resources and information 
        systems. 
           Sec. 42.  [UNIFORM PARENTAGE ACT STUDY AND REPORT.] 
           (a) The commissioner of human services shall appoint a task 
        force to review the Uniform Parentage Act adopted by the Uniform 
        Laws Commission in 2000 and to make recommendations to the 
        legislature on whether Minnesota should enact all or part of the 
        Uniform Parentage Act, whether portions of that act should be 
        amended, and when it should be effective if it is enacted. 
           (b) The task force appointed under paragraph (a) should 
        include, but is not limited to, persons representing: 
           (1) the department of human services; 
           (2) the department of health; 
           (3) adoption agencies; 
           (4) the Family Law and Children and the Law Sections of the 
        Minnesota State Bar Association; 
           (5) the Juvenile Law Section of the Hennepin County Bar 
        Association; 
           (6) genetic testing organizations; 
           (7) public defenders; 
           (8) county attorneys; 
           (9) legal service attorneys; 
           (10) judges; 
           (11) child support magistrates; 
           (12) children's advocates; 
           (13) communities of color; 
           (14) guardians ad litem; 
           (15) parent organizations; 
           (16) families involved in infertility treatment processes; 
           (17) persons who have been adopted; 
           (18) birth parents; 
           (19) adoptive families; and 
           (20) noncustodial parents. 
           (c) The task force must submit its report and 
        recommendations to the chairs of the committees in the house of 
        representatives and senate with jurisdiction over family and 
        parentage issues by January 15, 2002.  The task force expires on 
        January 15, 2002. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 43.  [REPEALER.] 
           Minnesota Statutes 2000, sections 260C.325, subdivision 2; 
        and 626.5565, are repealed. 
           Sec. 44.  [INSTRUCTION TO REVISOR.] 
           (a) The revisor of statutes shall change the term "local 
        social services agency" to "responsible social services agency" 
        in Minnesota Statutes, chapter 260C. 
           (b) The revisor of statutes shall renumber definitions 
        putting the terms in alphabetical order under Minnesota 
        Statutes, section 260C.007, and change affected cross-references 
        accordingly. 

                                   ARTICLE 2
                     DATA PRACTICES AND CHILD MALTREATMENT
           Section 1.  Minnesota Statutes 2000, section 13.319, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected 
        for purposes of administering the child care assistance program 
        are classified under section 119B.02, subdivision 6. 
           Sec. 2.  Minnesota Statutes 2000, section 13.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
        Except as provided in subdivision 5, educational data is private 
        data on individuals and shall not be disclosed except as follows:
           (a) Pursuant to section 13.05; 
           (b) Pursuant to a valid court order; 
           (c) Pursuant to a statute specifically authorizing access 
        to the private data; 
           (d) To disclose information in health and safety 
        emergencies pursuant to the provisions of United States Code, 
        title 20, section 1232g(b)(1)(I) and Code of Federal 
        Regulations, title 34, section 99.36; 
           (e) Pursuant to the provisions of United States Code, title 
        20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
        (b)(3) and Code of Federal Regulations, title 34, sections 
        99.31, 99.32, 99.33, 99.34, and 99.35; 
           (f) To appropriate health authorities to the extent 
        necessary to administer immunization programs and for bona fide 
        epidemiologic investigations which the commissioner of health 
        determines are necessary to prevent disease or disability to 
        individuals in the public educational agency or institution in 
        which the investigation is being conducted; 
           (g) When disclosure is required for institutions that 
        participate in a program under title IV of the Higher Education 
        Act, United States Code, title 20, chapter 1092; 
           (h) To the appropriate school district officials to the 
        extent necessary under subdivision 6, annually to indicate the 
        extent and content of remedial instruction, including the 
        results of assessment testing and academic performance at a 
        post-secondary institution during the previous academic year by 
        a student who graduated from a Minnesota school district within 
        two years before receiving the remedial instruction; 
           (i) To appropriate authorities as provided in United States 
        Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
        the juvenile justice system and the ability of the system to 
        effectively serve, prior to adjudication, the student whose 
        records are released; provided that the authorities to whom the 
        data are released submit a written request for the data that 
        certifies that the data will not be disclosed to any other 
        person except as authorized by law without the written consent 
        of the parent of the student and the request and a record of the 
        release are maintained in the student's file; 
           (j) To volunteers who are determined to have a legitimate 
        educational interest in the data and who are conducting 
        activities and events sponsored by or endorsed by the 
        educational agency or institution for students or former 
        students; 
           (k) To provide student recruiting information, from 
        educational data held by colleges and universities, as required 
        by and subject to Code of Federal Regulations, title 32, section 
        216; or 
           (l) To the juvenile justice system if information about the 
        behavior of a student who poses a risk of harm is reasonably 
        necessary to protect the health or safety of the student or 
        other individuals.; 
           (m) With respect to social security numbers of students in 
        the adult basic education system, to Minnesota state colleges 
        and universities and the department of economic security for the 
        purpose and in the manner described in section 124D.52, 
        subdivision 7.; or 
           (n) To the commissioner of children, families, and learning 
        for purposes of an assessment or investigation of a report of 
        alleged maltreatment of a student as mandated by section 
        626.556.  Upon request by the commissioner of children, 
        families, and learning, data that are relevant to a report of 
        maltreatment and are from charter school and school district 
        investigations of alleged maltreatment of a student must be 
        disclosed to the commissioner, including, but not limited to, 
        the following: 
           (1) information regarding the student alleged to have been 
        maltreated; 
           (2) information regarding student and employee witnesses; 
           (3) information regarding the alleged perpetrator; and 
           (4) what corrective or protective action was taken, if any, 
        by the school facility in response to a report of maltreatment 
        by an employee or agent of the school or school district. 
           Sec. 3.  Minnesota Statutes 2000, section 13.43, is amended 
        by adding a subdivision to read: 
           Subd. 14.  [MALTREATMENT DATA.] When a report of alleged 
        maltreatment of a student in a school facility, as defined in 
        section 626.556, subdivision 2, paragraph (f), is made to the 
        commissioner of children, families, and learning under section 
        626.556, data that are relevant to a report of maltreatment and 
        are collected by the school facility about the person alleged to 
        have committed maltreatment must be provided to the commissioner 
        of children, families, and learning upon request for purposes of 
        an assessment or investigation of the maltreatment report.  Data 
        received by the commissioner of children, families, and learning 
        pursuant to these assessments or investigations are classified 
        under section 626.556. 
           Sec. 4.  Minnesota Statutes 2000, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) according to section 13.05; 
           (2) according to court order; 
           (3) according to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to determine eligibility, amount of assistance, and the need to 
        provide services of additional programs to the individual; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) the amounts of cash public assistance and relief paid 
        to welfare recipients in this state, including their names, 
        social security numbers, income, addresses, and other data as 
        required, upon request by the department of revenue to 
        administer the property tax refund law, supplemental housing 
        allowance, early refund of refundable tax credits, and the 
        income tax.  "Refundable tax credits" means the dependent care 
        credit under section 290.067, the Minnesota working family 
        credit under section 290.0671, the property tax refund under 
        section 290A.04, and, if the required federal waiver or waivers 
        are granted, the federal earned income tax credit under section 
        32 of the Internal Revenue Code; 
           (9) between the department of human services, the 
        department of children, families, and learning, and the 
        department of economic security for the purpose of monitoring 
        the eligibility of the data subject for unemployment benefits, 
        for any employment or training program administered, supervised, 
        or certified by that agency, for the purpose of administering 
        any rehabilitation program or child care assistance program, 
        whether alone or in conjunction with the welfare system, or to 
        monitor and evaluate the Minnesota family investment program by 
        exchanging data on recipients and former recipients of food 
        stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
        child care assistance under chapter 119B, or medical programs 
        under chapter 256B, 256D, or 256L; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential programs as defined in 
        section 245A.02 may be disclosed to the protection and advocacy 
        system established in this state according to Part C of Public 
        Law Number 98-527 to protect the legal and human rights of 
        persons with mental retardation or other related conditions who 
        live in residential facilities for these persons if the 
        protection and advocacy system receives a complaint by or on 
        behalf of that person and the person does not have a legal 
        guardian or the state or a designee of the state is the legal 
        guardian of the person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the higher education 
        services office to the extent necessary to determine eligibility 
        under section 136A.121, subdivision 2, clause (5); 
           (14) participant social security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the department of revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a Minnesota family investment 
        program participant may be disclosed to law enforcement officers 
        who provide the name of the participant and notify the agency 
        that: 
           (i) the participant: 
           (A) is a fugitive felon fleeing to avoid prosecution, or 
        custody or confinement after conviction, for a crime or attempt 
        to commit a crime that is a felony under the laws of the 
        jurisdiction from which the individual is fleeing; or 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; 
           (ii) the location or apprehension of the felon is within 
        the law enforcement officer's official duties; and 
           (iii)  the request is made in writing and in the proper 
        exercise of those duties; 
           (16) the current address of a recipient of general 
        assistance or general assistance medical care may be disclosed 
        to probation officers and corrections agents who are supervising 
        the recipient and to law enforcement officers who are 
        investigating the recipient in connection with a felony level 
        offense; 
           (17) information obtained from food stamp applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        Food Stamp Act, according to Code of Federal Regulations, title 
        7, section 272.1(c); 
           (18) the address, social security number, and, if 
        available, photograph of any member of a household receiving 
        food stamps shall be made available, on request, to a local, 
        state, or federal law enforcement officer if the officer 
        furnishes the agency with the name of the member and notifies 
        the agency that:  
           (i) the member: 
           (A) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, for a crime or attempt to commit a 
        crime that is a felony in the jurisdiction the member is 
        fleeing; 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; or 
           (C) has information that is necessary for the officer to 
        conduct an official duty related to conduct described in subitem 
        (A) or (B); 
           (ii) locating or apprehending the member is within the 
        officer's official duties; and 
           (iii) the request is made in writing and in the proper 
        exercise of the officer's official duty; 
           (19) the current address of a recipient of Minnesota family 
        investment program, general assistance, general assistance 
        medical care, or food stamps may be disclosed to law enforcement 
        officers who, in writing, provide the name of the recipient and 
        notify the agency that the recipient is a person required to 
        register under section 243.166, but is not residing at the 
        address at which the recipient is registered under section 
        243.166; 
           (20) certain information regarding child support obligors 
        who are in arrears may be made public according to section 
        518.575; 
           (21) data on child support payments made by a child support 
        obligor and data on the distribution of those payments excluding 
        identifying information on obligees may be disclosed to all 
        obligees to whom the obligor owes support, and data on the 
        enforcement actions undertaken by the public authority, the 
        status of those actions, and data on the income of the obligor 
        or obligee may be disclosed to the other party; 
           (22) data in the work reporting system may be disclosed 
        under section 256.998, subdivision 7; 
           (23) to the department of children, families, and learning 
        for the purpose of matching department of children, families, 
        and learning student data with public assistance data to 
        determine students eligible for free and reduced price meals, 
        meal supplements, and free milk according to United States Code, 
        title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
        allocate federal and state funds that are distributed based on 
        income of the student's family; and to verify receipt of energy 
        assistance for the telephone assistance plan; 
           (24) the current address and telephone number of program 
        recipients and emergency contacts may be released to the 
        commissioner of health or a local board of health as defined in 
        section 145A.02, subdivision 2, when the commissioner or local 
        board of health has reason to believe that a program recipient 
        is a disease case, carrier, suspect case, or at risk of illness, 
        and the data are necessary to locate the person; 
           (25) to other state agencies, statewide systems, and 
        political subdivisions of this state, including the attorney 
        general, and agencies of other states, interstate information 
        networks, federal agencies, and other entities as required by 
        federal regulation or law for the administration of the child 
        support enforcement program; 
           (26) to personnel of public assistance programs as defined 
        in section 256.741, for access to the child support system 
        database for the purpose of administration, including monitoring 
        and evaluation of those public assistance programs; 
           (27) to monitor and evaluate the Minnesota family 
        investment program by exchanging data between the departments of 
        human services and children, families, and learning, on 
        recipients and former recipients of food stamps, cash assistance 
        under chapter 256, 256D, 256J, or 256K, child care assistance 
        under chapter 119B, or medical programs under chapter 256B, 
        256D, or 256L; or 
           (28) to evaluate child support program performance and to 
        identify and prevent fraud in the child support program by 
        exchanging data between the department of human services, 
        department of revenue under section 270B.14, subdivision 1, 
        paragraphs (a) and (b), without regard to the limitation of use 
        in paragraph (c), department of health, department of economic 
        security, and other state agencies as is reasonably necessary to 
        perform these functions; or 
           (29) counties operating child care assistance programs 
        under chapter 119B may disseminate data on program participants, 
        applicants, and providers to the commissioner of children, 
        families, and learning.  
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed according to the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15), (16), (17), or (18), or paragraph 
        (b), are investigative data and are confidential or protected 
        nonpublic while the investigation is active.  The data are 
        private after the investigation becomes inactive under section 
        13.82, subdivision 5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           For the purposes of this subdivision, a request will be 
        deemed to be made in writing if made through a computer 
        interface system. 
           Sec. 5.  Minnesota Statutes 2000, section 119B.02, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [DATA.] Data on individuals collected by the 
        commissioner for purposes of administering this chapter are 
        private data on individuals as defined in section 13.02. 
           Sec. 6.  Minnesota Statutes 2000, section 256.045, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [STANDARD OF EVIDENCE FOR MALTREATMENT 
        HEARINGS.] The state human services referee shall determine that 
        maltreatment has occurred if a preponderance of evidence exists 
        to support the final disposition under sections 626.556 and 
        626.557. 
           The state human services referee shall recommend an order 
        to the commissioner of health, children, families, and learning, 
        or human services, as applicable, who shall issue a final 
        order.  The commissioner shall affirm, reverse, or modify the 
        final disposition.  Any order of the commissioner issued in 
        accordance with this subdivision is conclusive upon the parties 
        unless appeal is taken in the manner provided in subdivision 7.  
        In any licensing appeal under chapter 245A and sections 144.50 
        to 144.58 and 144A.02 to 144A.46, the commissioner's 
        determination as to maltreatment is conclusive. 
           Sec. 7.  Minnesota Statutes 2000, section 626.556, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them unless the specific 
        content indicates otherwise: 
           (a) "Sexual abuse" means the subjection of a child by a 
        person responsible for the child's care, by a person who has a 
        significant relationship to the child, as defined in section 
        609.341, or by a person in a position of authority, as defined 
        in section 609.341, subdivision 10, to any act which constitutes 
        a violation of section 609.342 (criminal sexual conduct in the 
        first degree), 609.343 (criminal sexual conduct in the second 
        degree), 609.344 (criminal sexual conduct in the third degree), 
        609.345 (criminal sexual conduct in the fourth degree), or 
        609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
        abuse also includes any act which involves a minor which 
        constitutes a violation of prostitution offenses under sections 
        609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
        sexual abuse.  
           (b) "Person responsible for the child's care" means (1) an 
        individual functioning within the family unit and having 
        responsibilities for the care of the child such as a parent, 
        guardian, or other person having similar care responsibilities, 
        or (2) an individual functioning outside the family unit and 
        having responsibilities for the care of the child such as a 
        teacher, school administrator, other school employees or agents, 
        or other lawful custodian of a child having either full-time or 
        short-term care responsibilities including, but not limited to, 
        day care, babysitting whether paid or unpaid, counseling, 
        teaching, and coaching.  
           (c) "Neglect" means: 
           (1) failure by a person responsible for a child's care to 
        supply a child with necessary food, clothing, shelter, health, 
        medical, or other care required for the child's physical or 
        mental health when reasonably able to do so; 
           (2) failure to protect a child from conditions or actions 
        which imminently and seriously endanger the child's physical or 
        mental health when reasonably able to do so; 
           (3) failure to provide for necessary supervision or child 
        care arrangements appropriate for a child after considering 
        factors as the child's age, mental ability, physical condition, 
        length of absence, or environment, when the child is unable to 
        care for the child's own basic needs or safety, or the basic 
        needs or safety of another child in their care; 
           (4) failure to ensure that the child is educated as defined 
        in sections 120A.22 and 260C.163, subdivision 11; 
           (5) nothing in this section shall be construed to mean that 
        a child is neglected solely because the child's parent, 
        guardian, or other person responsible for the child's care in 
        good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the child 
        in lieu of medical care; except that a parent, guardian, or 
        caretaker, or a person mandated to report pursuant to 
        subdivision 3, has a duty to report if a lack of medical care 
        may cause serious danger to the child's health.  This section 
        does not impose upon persons, not otherwise legally responsible 
        for providing a child with necessary food, clothing, shelter, 
        education, or medical care, a duty to provide that care; 
           (6) prenatal exposure to a controlled substance, as defined 
        in section 253B.02, subdivision 2, used by the mother for a 
        nonmedical purpose, as evidenced by withdrawal symptoms in the 
        child at birth, results of a toxicology test performed on the 
        mother at delivery or the child at birth, or medical effects or 
        developmental delays during the child's first year of life that 
        medically indicate prenatal exposure to a controlled substance; 
           (7) "medical neglect" as defined in section 260C.007, 
        subdivision 4, clause (5); 
           (8) chronic and severe use of alcohol or a controlled 
        substance by a parent or person responsible for the care of the 
        child that adversely affects the child's basic needs and safety; 
        or 
           (9) emotional harm from a pattern of behavior which 
        contributes to impaired emotional functioning of the child which 
        may be demonstrated by a substantial and observable effect in 
        the child's behavior, emotional response, or cognition that is 
        not within the normal range for the child's age and stage of 
        development, with due regard to the child's culture. 
           (d) "Physical abuse" means any physical injury, mental 
        injury, or threatened injury, inflicted by a person responsible 
        for the child's care on a child other than by accidental means, 
        or any physical or mental injury that cannot reasonably be 
        explained by the child's history of injuries, or any aversive 
        and or deprivation procedures, or regulated interventions, that 
        have not been authorized under section 121A.67 or 245.825.  
        Abuse does not include reasonable and moderate physical 
        discipline of a child administered by a parent or legal guardian 
        which does not result in an injury.  Abuse does not include the 
        use of reasonable force by a teacher, principal, or school 
        employee as allowed by section 121A.582.  Actions which are not 
        reasonable and moderate include, but are not limited to, any of 
        the following that are done in anger or without regard to the 
        safety of the child: 
           (1) throwing, kicking, burning, biting, or cutting a child; 
           (2) striking a child with a closed fist; 
           (3) shaking a child under age three; 
           (4) striking or other actions which result in any 
        nonaccidental injury to a child under 18 months of age; 
           (5) unreasonable interference with a child's breathing; 
           (6) threatening a child with a weapon, as defined in 
        section 609.02, subdivision 6; 
           (7) striking a child under age one on the face or head; 
           (8) purposely giving a child poison, alcohol, or dangerous, 
        harmful, or controlled substances which were not prescribed for 
        the child by a practitioner, in order to control or punish the 
        child; or other substances that substantially affect the child's 
        behavior, motor coordination, or judgment or that results in 
        sickness or internal injury, or subjects the child to medical 
        procedures that would be unnecessary if the child were not 
        exposed to the substances; or 
           (9) unreasonable physical confinement or restraint not 
        permitted under section 609.379, including but not limited to 
        tying, caging, or chaining; or 
           (10) in a school facility or school zone, an act by a 
        person responsible for the child's care that is a violation 
        under section 121A.58. 
           (e) "Report" means any report received by the local welfare 
        agency, police department, or county sheriff, or agency 
        responsible for assessing or investigating maltreatment pursuant 
        to this section. 
           (f) "Facility" means a licensed or unlicensed day care 
        facility, residential facility, agency, hospital, sanitarium, or 
        other facility or institution required to be licensed under 
        sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
        chapter 245B; or a school as defined in sections 120A.05, 
        subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
        personal care provider organization as defined in sections 
        256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
           (g) "Operator" means an operator or agency as defined in 
        section 245A.02.  
           (h) "Commissioner" means the commissioner of human services.
           (i) "Assessment" includes authority to interview the child, 
        the person or persons responsible for the child's care, the 
        alleged perpetrator, and any other person with knowledge of the 
        abuse or neglect for the purpose of gathering the facts, 
        assessing the risk to the child, and formulating a plan.  
           (j) "Practice of social services," for the purposes of 
        subdivision 3, includes but is not limited to employee 
        assistance counseling and the provision of guardian ad litem and 
        parenting time expeditor services.  
           (k) "Mental injury" means an injury to the psychological 
        capacity or emotional stability of a child as evidenced by an 
        observable or substantial impairment in the child's ability to 
        function within a normal range of performance and behavior with 
        due regard to the child's culture. 
           (l) "Threatened injury" means a statement, overt act, 
        condition, or status that represents a substantial risk of 
        physical or sexual abuse or mental injury. 
           (m) Persons who conduct assessments or investigations under 
        this section shall take into account accepted child-rearing 
        practices of the culture in which a child participates and 
        accepted teacher discipline practices, which are not injurious 
        to the child's health, welfare, and safety. 
           Sec. 8.  Minnesota Statutes 2000, section 626.556, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
        knows or has reason to believe a child is being neglected or 
        physically or sexually abused, as defined in subdivision 2, or 
        has been neglected or physically or sexually abused within the 
        preceding three years, shall immediately report the information 
        to the local welfare agency, agency responsible for assessing or 
        investigating the report, police department, or the county 
        sheriff if the person is:  
           (1) a professional or professional's delegate who is 
        engaged in the practice of the healing arts, social services, 
        hospital administration, psychological or psychiatric treatment, 
        child care, education, or law enforcement; or 
           (2) employed as a member of the clergy and received the 
        information while engaged in ministerial duties, provided that a 
        member of the clergy is not required by this subdivision to 
        report information that is otherwise privileged under section 
        595.02, subdivision 1, paragraph (c).  
           The police department or the county sheriff, upon receiving 
        a report, shall immediately notify the local welfare agency or 
        agency responsible for assessing or investigating the report, 
        orally and in writing.  The local welfare agency, or agency 
        responsible for assessing or investigating the report, upon 
        receiving a report, shall immediately notify the local police 
        department or the county sheriff orally and in writing.  The 
        county sheriff and the head of every local welfare agency, 
        agency responsible for assessing or investigating reports, and 
        police department shall each designate a person within their 
        agency, department, or office who is responsible for ensuring 
        that the notification duties of this paragraph and paragraph (b) 
        are carried out.  Nothing in this subdivision shall be construed 
        to require more than one report from any institution, facility, 
        school, or agency. 
           (b) Any person may voluntarily report to the local welfare 
        agency, agency responsible for assessing or investigating the 
        report, police department, or the county sheriff if the person 
        knows, has reason to believe, or suspects a child is being or 
        has been neglected or subjected to physical or sexual abuse.  
        The police department or the county sheriff, upon receiving a 
        report, shall immediately notify the local welfare agency or 
        agency responsible for assessing or investigating the report, 
        orally and in writing.  The local welfare agency or agency 
        responsible for assessing or investigating the report, upon 
        receiving a report, shall immediately notify the local police 
        department or the county sheriff orally and in writing. 
           (c) A person mandated to report physical or sexual child 
        abuse or neglect occurring within a licensed facility shall 
        report the information to the agency responsible for licensing 
        the facility under sections 144.50 to 144.58; 241.021; 245A.01 
        to 245A.16; or chapter 245B, or a school as defined in sections 
        120A.05, subdivisions 9, 11, and 13; and 124D.10; or a 
        nonlicensed personal care provider organization as defined in 
        sections 256B.04, subdivision 16; and 256B.0625, subdivision 
        19.  A health or corrections agency receiving a report may 
        request the local welfare agency to provide assistance pursuant 
        to subdivisions 10, 10a, and 10b.  A board or other entity whose 
        licensees perform work within a school facility, upon receiving 
        a complaint of alleged maltreatment, shall provide information 
        about the circumstances of the alleged maltreatment to the 
        commissioner of children, families, and learning.  Section 
        13.03, subdivision 4, applies to data received by the 
        commissioner of children, families, and learning from a 
        licensing entity.  
           (d) Any person mandated to report shall receive a summary 
        of the disposition of any report made by that reporter, 
        including whether the case has been opened for child protection 
        or other services, or if a referral has been made to a community 
        organization, unless release would be detrimental to the best 
        interests of the child.  Any person who is not mandated to 
        report shall, upon request to the local welfare agency, receive 
        a concise summary of the disposition of any report made by that 
        reporter, unless release would be detrimental to the best 
        interests of the child. 
           (e) For purposes of this subdivision, "immediately" means 
        as soon as possible but in no event longer than 24 hours. 
           Sec. 9.  Minnesota Statutes 2000, section 626.556, 
        subdivision 4, is amended to read: 
           Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
        persons are immune from any civil or criminal liability that 
        otherwise might result from their actions, if they are acting in 
        good faith: 
           (1) any person making a voluntary or mandated report under 
        subdivision 3 or under section 626.5561 or assisting in an 
        assessment under this section or under section 626.5561; 
           (2) any person with responsibility for performing duties 
        under this section or supervisor employed by a local welfare 
        agency, the commissioner of an agency responsible for operating 
        or supervising a licensed or unlicensed day care facility, 
        residential facility, agency, hospital, sanitarium, or other 
        facility or institution required to be licensed under sections 
        144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a 
        school as defined in sections 120A.05, subdivisions 9, 11, and 
        13; and 124D.10; or a nonlicensed personal care provider 
        organization as defined in sections 256B.04, subdivision 16; and 
        256B.0625, subdivision 19a, complying with subdivision 10d; and 
           (3) any public or private school, facility as defined in 
        subdivision 2, or the employee of any public or private school 
        or facility who permits access by a local welfare agency, the 
        department of children, families, and learning, or a local law 
        enforcement agency and assists in an investigation or assessment 
        pursuant to subdivision 10 or under section 626.5561. 
           (b) A person who is a supervisor or person with 
        responsibility for performing duties under this section employed 
        by a local welfare agency, the commissioner of human services, 
        or the commissioner of children, families, and learning 
        complying with subdivisions 10 and 11 or section 626.5561 or any 
        related rule or provision of law is immune from any civil or 
        criminal liability that might otherwise result from the person's 
        actions, if the person is (1) acting in good faith and 
        exercising due care, or (2) acting in good faith and following 
        the information collection procedures established under 
        subdivision 10, paragraphs (h), (i), and (j). 
           (c) This subdivision does not provide immunity to any 
        person for failure to make a required report or for committing 
        neglect, physical abuse, or sexual abuse of a child. 
           (d) If a person who makes a voluntary or mandatory report 
        under subdivision 3 prevails in a civil action from which the 
        person has been granted immunity under this subdivision, the 
        court may award the person attorney fees and costs. 
           Sec. 10.  Minnesota Statutes 2000, section 626.556, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REPORT.] An oral report shall be made 
        immediately by telephone or otherwise.  An oral report made by a 
        person required under subdivision 3 to report shall be followed 
        within 72 hours, exclusive of weekends and holidays, by a report 
        in writing to the appropriate police department, the county 
        sheriff, the agency responsible for assessing or investigating 
        the report, or the local welfare agency, unless the appropriate 
        agency has informed the reporter that the oral information does 
        not constitute a report under subdivision 10.  Any report shall 
        be of sufficient content to identify the child, any person 
        believed to be responsible for the abuse or neglect of the child 
        if the person is known, the nature and extent of the abuse or 
        neglect and the name and address of the reporter.  If requested, 
        the local welfare agency or the agency responsible for assessing 
        or investigating the report shall inform the reporter within ten 
        days after the report is made, either orally or in writing, 
        whether the report was accepted for assessment or investigation. 
        Written reports received by a police department or the county 
        sheriff shall be forwarded immediately to the local welfare 
        agency or the agency responsible for assessing or investigating 
        the report.  The police department or the county sheriff may 
        keep copies of reports received by them.  Copies of written 
        reports received by a local welfare department or the agency 
        responsible for assessing or investigating the report shall be 
        forwarded immediately to the local police department or the 
        county sheriff. 
           A written copy of a report maintained by personnel of 
        agencies, other than welfare or law enforcement agencies, which 
        are subject to chapter 13 shall be confidential.  An individual 
        subject of the report may obtain access to the original report 
        as provided by subdivision 11. 
           Sec. 11.  Minnesota Statutes 2000, section 626.556, 
        subdivision 10, is amended to read: 
           Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
        ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
        alleges neglect, physical abuse, or sexual abuse by a parent, 
        guardian, or individual functioning within the family unit as a 
        person responsible for the child's care, the local welfare 
        agency shall immediately conduct an assessment including 
        gathering information on the existence of substance abuse and 
        offer protective social services for purposes of preventing 
        further abuses, safeguarding and enhancing the welfare of the 
        abused or neglected minor, and preserving family life whenever 
        possible.  If the report alleges a violation of a criminal 
        statute involving sexual abuse, physical abuse, or neglect or 
        endangerment, under section 609.378, the local law enforcement 
        agency and local welfare agency shall coordinate the planning 
        and execution of their respective investigation and assessment 
        efforts to avoid a duplication of fact-finding efforts and 
        multiple interviews.  Each agency shall prepare a separate 
        report of the results of its investigation.  In cases of alleged 
        child maltreatment resulting in death, the local agency may rely 
        on the fact-finding efforts of a law enforcement investigation 
        to make a determination of whether or not maltreatment 
        occurred.  When necessary the local welfare agency shall seek 
        authority to remove the child from the custody of a parent, 
        guardian, or adult with whom the child is living.  In performing 
        any of these duties, the local welfare agency shall maintain 
        appropriate records.  
           If the assessment indicates there is a potential for abuse 
        of alcohol or other drugs by the parent, guardian, or person 
        responsible for the child's care, the local welfare agency shall 
        conduct a chemical use assessment pursuant to Minnesota Rules, 
        part 9530.6615.  The local welfare agency shall report the 
        determination of the chemical use assessment, and the 
        recommendations and referrals for alcohol and other drug 
        treatment services to the state authority on alcohol and drug 
        abuse. 
           (b) When a local agency receives a report or otherwise has 
        information indicating that a child who is a client, as defined 
        in section 245.91, has been the subject of physical abuse, 
        sexual abuse, or neglect at an agency, facility, or program as 
        defined in section 245.91, it shall, in addition to its other 
        duties under this section, immediately inform the ombudsman 
        established under sections 245.91 to 245.97.  The commissioner 
        of children, families, and learning shall inform the ombudsman 
        established under sections 245.91 to 245.97 of reports regarding 
        a child defined as a client in section 245.91 that maltreatment 
        occurred at a school as defined in sections 120A.05, 
        subdivisions 9, 11, and 13, and 124D.10. 
           (c) Authority of the local welfare agency responsible for 
        assessing the child abuse or neglect report, the agency 
        responsible for assessing or investigating the report, and of 
        the local law enforcement agency for investigating the alleged 
        abuse or neglect includes, but is not limited to, authority to 
        interview, without parental consent, the alleged victim and any 
        other minors who currently reside with or who have resided with 
        the alleged offender.  The interview may take place at school or 
        at any facility or other place where the alleged victim or other 
        minors might be found or the child may be transported to, and 
        the interview conducted at, a place appropriate for the 
        interview of a child designated by the local welfare agency or 
        law enforcement agency.  The interview may take place outside 
        the presence of the alleged offender or parent, legal custodian, 
        guardian, or school official.  Except as provided in this 
        paragraph, the parent, legal custodian, or guardian shall be 
        notified by the responsible local welfare or law enforcement 
        agency no later than the conclusion of the investigation or 
        assessment that this interview has occurred.  Notwithstanding 
        rule 49.02 of the Minnesota rules of procedure for juvenile 
        courts, the juvenile court may, after hearing on an ex parte 
        motion by the local welfare agency, order that, where reasonable 
        cause exists, the agency withhold notification of this interview 
        from the parent, legal custodian, or guardian.  If the interview 
        took place or is to take place on school property, the order 
        shall specify that school officials may not disclose to the 
        parent, legal custodian, or guardian the contents of the 
        notification of intent to interview the child on school 
        property, as provided under this paragraph, and any other 
        related information regarding the interview that may be a part 
        of the child's school record.  A copy of the order shall be sent 
        by the local welfare or law enforcement agency to the 
        appropriate school official. 
           (d) When the local welfare or, local law enforcement 
        agency, or the agency responsible for assessing or investigating 
        a report of maltreatment determines that an interview should 
        take place on school property, written notification of intent to 
        interview the child on school property must be received by 
        school officials prior to the interview.  The notification shall 
        include the name of the child to be interviewed, the purpose of 
        the interview, and a reference to the statutory authority to 
        conduct an interview on school property.  For interviews 
        conducted by the local welfare agency, the notification shall be 
        signed by the chair of the local social services agency or the 
        chair's designee.  The notification shall be private data on 
        individuals subject to the provisions of this paragraph.  School 
        officials may not disclose to the parent, legal custodian, or 
        guardian the contents of the notification or any other related 
        information regarding the interview until notified in writing by 
        the local welfare or law enforcement agency that the 
        investigation or assessment has been concluded, unless a school 
        employee or agent is alleged to have maltreated the child.  
        Until that time, the local welfare or law enforcement agency or 
        the agency responsible for assessing or investigating a report 
        of maltreatment shall be solely responsible for any disclosures 
        regarding the nature of the assessment or investigation.  
           Except where the alleged offender is believed to be a 
        school official or employee, the time and place, and manner of 
        the interview on school premises shall be within the discretion 
        of school officials, but the local welfare or law enforcement 
        agency shall have the exclusive authority to determine who may 
        attend the interview.  The conditions as to time, place, and 
        manner of the interview set by the school officials shall be 
        reasonable and the interview shall be conducted not more than 24 
        hours after the receipt of the notification unless another time 
        is considered necessary by agreement between the school 
        officials and the local welfare or law enforcement agency.  
        Where the school fails to comply with the provisions of this 
        paragraph, the juvenile court may order the school to comply.  
        Every effort must be made to reduce the disruption of the 
        educational program of the child, other students, or school 
        staff when an interview is conducted on school premises.  
           (e) Where the alleged offender or a person responsible for 
        the care of the alleged victim or other minor prevents access to 
        the victim or other minor by the local welfare agency, the 
        juvenile court may order the parents, legal custodian, or 
        guardian to produce the alleged victim or other minor for 
        questioning by the local welfare agency or the local law 
        enforcement agency outside the presence of the alleged offender 
        or any person responsible for the child's care at reasonable 
        places and times as specified by court order.  
           (f) Before making an order under paragraph (e), the court 
        shall issue an order to show cause, either upon its own motion 
        or upon a verified petition, specifying the basis for the 
        requested interviews and fixing the time and place of the 
        hearing.  The order to show cause shall be served personally and 
        shall be heard in the same manner as provided in other cases in 
        the juvenile court.  The court shall consider the need for 
        appointment of a guardian ad litem to protect the best interests 
        of the child.  If appointed, the guardian ad litem shall be 
        present at the hearing on the order to show cause.  
           (g) The commissioner of human services, the ombudsman for 
        mental health and mental retardation, the local welfare agencies 
        responsible for investigating reports, the commissioner of 
        children, families, and learning, and the local law enforcement 
        agencies have the right to enter facilities as defined in 
        subdivision 2 and to inspect and copy the facility's records, 
        including medical records, as part of the investigation.  
        Notwithstanding the provisions of chapter 13, they also have the 
        right to inform the facility under investigation that they are 
        conducting an investigation, to disclose to the facility the 
        names of the individuals under investigation for abusing or 
        neglecting a child, and to provide the facility with a copy of 
        the report and the investigative findings. 
           (h) The local welfare agency or the agency responsible for 
        assessing or investigating the report shall collect available 
        and relevant information to ascertain whether maltreatment 
        occurred and whether protective services are needed.  
        Information collected includes, when relevant, information with 
        regard to the person reporting the alleged maltreatment, 
        including the nature of the reporter's relationship to the child 
        and to the alleged offender, and the basis of the reporter's 
        knowledge for the report; the child allegedly being maltreated; 
        the alleged offender; the child's caretaker; and other 
        collateral sources having relevant information related to the 
        alleged maltreatment.  The local welfare agency or the agency 
        responsible for assessing or investigating the report may make a 
        determination of no maltreatment early in an assessment, and 
        close the case and retain immunity, if the collected information 
        shows no basis for a full assessment or investigation. 
           Information relevant to the assessment or investigation 
        must be asked for, and may include: 
           (1) the child's sex and age, prior reports of maltreatment, 
        information relating to developmental functioning, credibility 
        of the child's statement, and whether the information provided 
        under this clause is consistent with other information collected 
        during the course of the assessment or investigation; 
           (2) the alleged offender's age, a record check for prior 
        reports of maltreatment, and criminal charges and convictions.  
        The local welfare agency or the agency responsible for assessing 
        or investigating the report must provide the alleged offender 
        with an opportunity to make a statement.  The alleged offender 
        may submit supporting documentation relevant to the assessment 
        or investigation; 
           (3) collateral source information regarding the alleged 
        maltreatment and care of the child.  Collateral information 
        includes, when relevant:  (i) a medical examination of the 
        child; (ii) prior medical records relating to the alleged 
        maltreatment or the care of the child and an interview with the 
        treating professionals; and (iii) interviews with the child's 
        caretakers, including the child's parent, guardian, foster 
        parent, child care provider, teachers, counselors, family 
        members, relatives, and other persons who may have knowledge 
        regarding the alleged maltreatment and the care of the child; 
        and 
           (4) information on the existence of domestic abuse and 
        violence in the home of the child, and substance abuse. 
           Nothing in this paragraph precludes the local welfare 
        agency, the local law enforcement agency, or the agency 
        responsible for assessing or investigating the report from 
        collecting other relevant information necessary to conduct the 
        assessment or investigation.  Notwithstanding the data's 
        classification in the possession of any other agency, data 
        acquired by the local welfare agency or the agency responsible 
        for assessing or investigating the report during the course of 
        the assessment or investigation are private data on individuals 
        and must be maintained in accordance with subdivision 11.  Data 
        of the commissioner of children, families, and learning 
        collected or maintained during and for the purpose of an 
        investigation of alleged maltreatment in a school are governed 
        by this section, notwithstanding the data's classification as 
        educational, licensing, or personnel data under chapter 13. 
           In conducting an assessment or investigation involving a 
        school facility as defined in subdivision 2, paragraph (f), the 
        commissioner of children, families, and learning shall collect 
        investigative reports and data that are relevant to a report of 
        maltreatment and are from local law enforcement and the school 
        facility.  
           (i) In the initial stages of an assessment or 
        investigation, the local welfare agency shall conduct a 
        face-to-face observation of the child reported to be maltreated 
        and a face-to-face interview of the alleged offender.  The 
        interview with the alleged offender may be postponed if it would 
        jeopardize an active law enforcement investigation. 
           (j) The local welfare agency shall use a question and 
        answer interviewing format with questioning as nondirective as 
        possible to elicit spontaneous responses.  The following 
        interviewing methods and procedures must be used whenever 
        possible when collecting information: 
           (1) audio recordings of all interviews with witnesses and 
        collateral sources; and 
           (2) in cases of alleged sexual abuse, audio-video 
        recordings of each interview with the alleged victim and child 
        witnesses.  
           (k) In conducting an assessment or investigation involving 
        a school facility as defined in subdivision 2, paragraph (f), 
        the commissioner of children, families, and learning shall 
        collect available and relevant information and use the 
        procedures in paragraphs (h), (i), and (j), provided that the 
        commissioner may also base the assessment or investigation on 
        investigative reports and data received from the school facility 
        and local law enforcement, to the extent those investigations 
        satisfy the requirements of paragraphs (h), (i), and (j). 
           Sec. 12.  Minnesota Statutes 2000, section 626.556, 
        subdivision 10b, is amended to read: 
           Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
        FACILITY.] (a) This section applies to the commissioners of 
        human services, health, and children, families, and learning.  
        The commissioner of the agency responsible for assessing or 
        investigating the report shall immediately assess or investigate 
        if the report alleges that: 
           (1) a child who is in the care of a facility as defined in 
        subdivision 2 is neglected, physically abused, or sexually 
        abused by an individual in that facility, or has been so 
        neglected or abused by an individual in that facility within the 
        three years preceding the report; or 
           (2) a child was neglected, physically abused, or sexually 
        abused by an individual in a facility defined in subdivision 2, 
        while in the care of that facility within the three years 
        preceding the report.  
           The commissioner of the agency responsible for assessing or 
        investigating the report shall arrange for the transmittal to 
        the commissioner of reports received by local agencies and may 
        delegate to a local welfare agency the duty to investigate 
        reports.  In conducting an investigation under this section, the 
        commissioner has the powers and duties specified for local 
        welfare agencies under this section.  The commissioner of the 
        agency responsible for assessing or investigating the report or 
        local welfare agency may interview any children who are or have 
        been in the care of a facility under investigation and their 
        parents, guardians, or legal custodians. 
           (b) Prior to any interview, the commissioner of the agency 
        responsible for assessing or investigating the report or local 
        welfare agency shall notify the parent, guardian, or legal 
        custodian of a child who will be interviewed in the manner 
        provided for in subdivision 10d, paragraph (a).  If reasonable 
        efforts to reach the parent, guardian, or legal custodian of a 
        child in an out-of-home placement have failed, the child may be 
        interviewed if there is reason to believe the interview is 
        necessary to protect the child or other children in the 
        facility.  The commissioner of the agency responsible for 
        assessing or investigating the report or local agency must 
        provide the information required in this subdivision to the 
        parent, guardian, or legal custodian of a child interviewed 
        without parental notification as soon as possible after the 
        interview.  When the investigation is completed, any parent, 
        guardian, or legal custodian notified under this subdivision 
        shall receive the written memorandum provided for in subdivision 
        10d, paragraph (c). 
           (c) In conducting investigations under this subdivision the 
        commissioner or local welfare agency shall obtain access to 
        information consistent with subdivision 10, paragraphs (h), (i), 
        and (j).  In conducting assessments or investigations under this 
        subdivision, the commissioner of children, families, and 
        learning shall obtain access to reports and investigative data 
        that are relevant to a report of maltreatment and are in the 
        possession of a school facility as defined in subdivision 2, 
        paragraph (f), notwithstanding the classification of the data as 
        educational or personnel data under chapter 13.  This includes, 
        but is not limited to, school investigative reports, information 
        concerning the conduct of school personnel alleged to have 
        committed maltreatment of students, information about witnesses, 
        and any protective or corrective action taken by the school 
        facility regarding the school personnel alleged to have 
        committed maltreatment. 
           (d) Except for foster care and family child care, the 
        commissioner has the primary responsibility for the 
        investigations and notifications required under subdivisions 10d 
        and 10f for reports that allege maltreatment related to the care 
        provided by or in facilities licensed by the commissioner.  The 
        commissioner may request assistance from the local social 
        services agency. 
           Sec. 13.  Minnesota Statutes 2000, section 626.556, 
        subdivision 10d, is amended to read: 
           Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
        (a) When a report is received that alleges neglect, physical 
        abuse, or sexual abuse of a child while in the care of a 
        licensed or unlicensed day care facility, residential facility, 
        agency, hospital, sanitarium, or other facility or institution 
        required to be licensed according to sections 144.50 to 144.58; 
        241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as 
        defined in sections 120A.05, subdivisions 9, 11, and 13; and 
        124D.10; or a nonlicensed personal care provider organization as 
        defined in section 256B.04, subdivision 16, and 256B.0625, 
        subdivision 19a, the commissioner of the agency responsible for 
        assessing or investigating the report or local welfare agency 
        investigating the report shall provide the following information 
        to the parent, guardian, or legal custodian of a child alleged 
        to have been neglected, physically abused, or sexually abused:  
        the name of the facility; the fact that a report alleging 
        neglect, physical abuse, or sexual abuse of a child in the 
        facility has been received; the nature of the alleged neglect, 
        physical abuse, or sexual abuse; that the agency is conducting 
        an assessment or investigation; any protective or corrective 
        measures being taken pending the outcome of the investigation; 
        and that a written memorandum will be provided when the 
        investigation is completed. 
           (b) The commissioner of the agency responsible for 
        assessing or investigating the report or local welfare agency 
        may also provide the information in paragraph (a) to the parent, 
        guardian, or legal custodian of any other child in the facility 
        if the investigative agency knows or has reason to believe the 
        alleged neglect, physical abuse, or sexual abuse has occurred. 
        In determining whether to exercise this authority, the 
        commissioner of the agency responsible for assessing or 
        investigating the report or local welfare agency shall consider 
        the seriousness of the alleged neglect, physical abuse, or 
        sexual abuse; the number of children allegedly neglected, 
        physically abused, or sexually abused; the number of alleged 
        perpetrators; and the length of the investigation.  The facility 
        shall be notified whenever this discretion is exercised. 
           (c) When the commissioner of the agency responsible for 
        assessing or investigating the report or local welfare agency 
        has completed its investigation, every parent, guardian, or 
        legal custodian previously notified of the investigation by the 
        commissioner or local welfare agency shall be provided with the 
        following information in a written memorandum:  the name of the 
        facility investigated; the nature of the alleged neglect, 
        physical abuse, or sexual abuse; the investigator's name; a 
        summary of the investigation findings; a statement whether 
        maltreatment was found; and the protective or corrective 
        measures that are being or will be taken. The memorandum shall 
        be written in a manner that protects the identity of the 
        reporter and the child and shall not contain the name, or to the 
        extent possible, reveal the identity of the alleged perpetrator 
        or of those interviewed during the investigation.  The 
        commissioner or local welfare agency shall also provide the 
        written memorandum to the parent, guardian, or legal custodian 
        of each child in the facility if maltreatment is determined to 
        exist.  In the case of maltreatment within a school facility, as 
        defined in sections 120A.05, subdivisions 9, 11, and 13, and 
        124D.10, the commissioner of children, families, and learning 
        need not provide notification to parents, guardians, or legal 
        custodians of each child in the facility, but may provide 
        notification to the parent, guardian, or legal custodian of any 
        student alleged to have been maltreated or involved as a witness 
        to alleged maltreatment. 
           Sec. 14.  Minnesota Statutes 2000, section 626.556, 
        subdivision 10e, is amended to read: 
           Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
        assessment or investigation it conducts, the local welfare 
        agency shall make two determinations:  first, whether 
        maltreatment has occurred; and second, whether child protective 
        services are needed.  Upon the conclusion of an assessment or 
        investigation by the commissioner of children, families, and 
        learning, the commissioner shall determine whether maltreatment 
        occurred and what corrective or protective action was taken by 
        the school facility.  If a determination is made that 
        maltreatment has occurred, the commissioner shall report to the 
        employer, the school board, and any appropriate licensing entity 
        the determination that maltreatment occurred and what corrective 
        or protective action was taken by the school facility.  In all 
        other cases, the commissioner shall inform the school board or 
        employer that a report was received, the subject of the report, 
        the date of the initial report, the category of maltreatment 
        alleged as defined in paragraph (a), the fact that maltreatment 
        was not determined, and a summary of the specific reasons for 
        the determination.  When maltreatment is determined in an 
        investigation involving a facility, the investigating agency 
        shall also determine whether the facility or individual was 
        responsible, or whether both the facility and the individual 
        were responsible for the maltreatment using the mitigating 
        factors in paragraph (d).  Determinations under this subdivision 
        must be made based on a preponderance of the evidence and are 
        private data on individuals or nonpublic data as maintained by 
        the commissioner of children, families, and learning.  
           (a) For the purposes of this subdivision, "maltreatment" 
        means any of the following acts or omissions committed by a 
        person responsible for the child's care: 
           (1) physical abuse as defined in subdivision 2, paragraph 
        (d); 
           (2) neglect as defined in subdivision 2, paragraph (c); 
           (3) sexual abuse as defined in subdivision 2, paragraph 
        (a); or 
           (4) mental injury as defined in subdivision 2, paragraph 
        (k). 
           (b) For the purposes of this subdivision, a determination 
        that child protective services are needed means that the local 
        welfare agency has documented conditions during the assessment 
        or investigation sufficient to cause a child protection worker, 
        as defined in section 626.559, subdivision 1, to conclude that a 
        child is at significant risk of maltreatment if protective 
        intervention is not provided and that the individuals 
        responsible for the child's care have not taken or are not 
        likely to take actions to protect the child from maltreatment or 
        risk of maltreatment. 
           (c) This subdivision does not mean that maltreatment has 
        occurred solely because the child's parent, guardian, or other 
        person responsible for the child's care in good faith selects 
        and depends upon spiritual means or prayer for treatment or care 
        of disease or remedial care of the child, in lieu of medical 
        care.  However, if lack of medical care may result in serious 
        danger to the child's health, the local welfare agency may 
        ensure that necessary medical services are provided to the child.
           (d) When determining whether the facility or individual is 
        the responsible party for determined maltreatment in a facility, 
        the investigating agency shall consider at least the following 
        mitigating factors: 
           (1) whether the actions of the facility or the individual 
        caregivers were according to, and followed the terms of, an 
        erroneous physician order, prescription, individual care plan, 
        or directive; however, this is not a mitigating factor when the 
        facility or caregiver was responsible for the issuance of the 
        erroneous order, prescription, individual care plan, or 
        directive or knew or should have known of the errors and took no 
        reasonable measures to correct the defect before administering 
        care; 
           (2) comparative responsibility between the facility, other 
        caregivers, and requirements placed upon an employee, including 
        the facility's compliance with related regulatory standards and 
        the adequacy of facility policies and procedures, facility 
        training, an individual's participation in the training, the 
        caregiver's supervision, and facility staffing levels and the 
        scope of the individual employee's authority and discretion; and 
           (3) whether the facility or individual followed 
        professional standards in exercising professional judgment. 
           Individual counties may implement more detailed definitions 
        or criteria that indicate which allegations to investigate, as 
        long as a county's policies are consistent with the definitions 
        in the statutes and rules and are approved by the county board.  
        Each local welfare agency shall periodically inform mandated 
        reporters under subdivision 3 who work in the county of the 
        definitions of maltreatment in the statutes and rules and any 
        additional definitions or criteria that have been approved by 
        the county board. 
           Sec. 15.  Minnesota Statutes 2000, section 626.556, 
        subdivision 10i, is amended to read: 
           Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
        DETERMINATION OF MALTREATMENT.] (a) An individual or facility 
        that the commissioner or of human services, a local social 
        service agency, or the commissioner of children, families, and 
        learning determines has maltreated a child, or the child's 
        designee, regardless of the determination, who contests the 
        investigating agency's final determination regarding 
        maltreatment, may request the investigating agency to reconsider 
        its final determination regarding maltreatment.  The request for 
        reconsideration must be submitted in writing to the 
        investigating agency within 15 calendar days after receipt of 
        notice of the final determination regarding maltreatment.  
           (b) If the investigating agency denies the request or fails 
        to act upon the request within 15 calendar days after receiving 
        the request for reconsideration, the person or facility entitled 
        to a fair hearing under section 256.045 may submit to the 
        commissioner of human services or the commissioner of children, 
        families, and learning a written request for a hearing under 
        that section.  Section 256.045 also governs hearings requested 
        to contest a final determination of the commissioner of 
        children, families, and learning. 
           (c) If, as a result of the reconsideration, the 
        investigating agency changes the final determination of 
        maltreatment, that agency shall notify the parties specified in 
        subdivisions 10b, 10d, and 10f. 
           (d) If an individual or facility contests the investigating 
        agency's final determination regarding maltreatment by 
        requesting a fair hearing under section 256.045, the 
        commissioner of human services shall assure that the hearing is 
        conducted and a decision is reached within 90 days of receipt of 
        the request for a hearing.  The time for action on the decision 
        may be extended for as many days as the hearing is postponed or 
        the record is held open for the benefit of either party. 
           Sec. 16.  Minnesota Statutes 2000, section 626.556, 
        subdivision 10j, is amended to read: 
           Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
        local social services or child protection agency, or the agency 
        responsible for assessing or investigating the report of 
        maltreatment, may provide relevant private data on individuals 
        obtained under this section to mandated reporters who have an 
        ongoing responsibility for the health, education, or welfare of 
        a child affected by the data, in the best interests of the 
        child.  Mandated reporters with ongoing responsibility for the 
        health, education, or welfare of a child affected by the data 
        include the child's teachers or other appropriate school 
        personnel, foster parents, health care providers, respite care 
        workers, therapists, social workers, child care providers, 
        residential care staff, crisis nursery staff, probation 
        officers, and court services personnel.  Under this section, a 
        mandated reporter need not have made the report to be considered 
        a person with ongoing responsibility for the health, education, 
        or welfare of a child affected by the data.  Data provided under 
        this section must be limited to data pertinent to the 
        individual's responsibility for caring for the child. 
           Sec. 17.  Minnesota Statutes 2000, section 626.556, 
        subdivision 11, is amended to read: 
           Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
        (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
        concerning individuals maintained by a local welfare agency or 
        agency responsible for assessing or investigating the report 
        under this section, including any written reports filed under 
        subdivision 7, shall be private data on individuals, except 
        insofar as copies of reports are required by subdivision 7 to be 
        sent to the local police department or the county sheriff.  All 
        records concerning determinations of maltreatment by a facility 
        are nonpublic data as maintained by the department of children, 
        families, and learning, except insofar as copies of reports are 
        required by subdivision 7 to be sent to the local police 
        department or the county sheriff.  Reports maintained by any 
        police department or the county sheriff shall be private data on 
        individuals except the reports shall be made available to the 
        investigating, petitioning, or prosecuting authority, including 
        county medical examiners or county coroners.  Section 13.82, 
        subdivisions 7, 5a, and 5b, apply to law enforcement data other 
        than the reports.  The local social services agency or agency 
        responsible for assessing or investigating the report shall make 
        available to the investigating, petitioning, or prosecuting 
        authority, including county medical examiners or county coroners 
        or their professional delegates, any records which contain 
        information relating to a specific incident of neglect or abuse 
        which is under investigation, petition, or prosecution and 
        information relating to any prior incidents of neglect or abuse 
        involving any of the same persons.  The records shall be 
        collected and maintained in accordance with the provisions of 
        chapter 13.  In conducting investigations and assessments 
        pursuant to this section, the notice required by section 13.04, 
        subdivision 2, need not be provided to a minor under the age of 
        ten who is the alleged victim of abuse or neglect.  An 
        individual subject of a record shall have access to the record 
        in accordance with those sections, except that the name of the 
        reporter shall be confidential while the report is under 
        assessment or investigation except as otherwise permitted by 
        this subdivision.  Any person conducting an investigation or 
        assessment under this section who intentionally discloses the 
        identity of a reporter prior to the completion of the 
        investigation or assessment is guilty of a misdemeanor.  After 
        the assessment or investigation is completed, the name of the 
        reporter shall be confidential.  The subject of the report may 
        compel disclosure of the name of the reporter only with the 
        consent of the reporter or upon a written finding by the court 
        that the report was false and that there is evidence that the 
        report was made in bad faith.  This subdivision does not alter 
        disclosure responsibilities or obligations under the rules of 
        criminal procedure. 
           (b) Upon request of the legislative auditor, data on 
        individuals maintained under this section must be released to 
        the legislative auditor in order for the auditor to fulfill the 
        auditor's duties under section 3.971.  The auditor shall 
        maintain the data in accordance with chapter 13.  
           (c) The commissioner of children, families, and learning 
        must be provided with all requested data that are relevant to a 
        report of maltreatment and are in possession of a school 
        facility as defined in subdivision 2, paragraph (f), when the 
        data is requested pursuant to an assessment or investigation of 
        a maltreatment report of a student in a school.  If the 
        commissioner of children, families, and learning makes a 
        determination of maltreatment involving an individual performing 
        work within a school facility who is licensed by a board or 
        other agency, the commissioner shall provide necessary and 
        relevant information to the licensing entity to enable the 
        entity to fulfill its statutory duties.  Notwithstanding section 
        13.03, subdivision 4, data received by a licensing entity under 
        this paragraph are governed by section 13.41 or other applicable 
        law governing data of the receiving entity, except that this 
        section applies to the classification of and access to data on 
        the reporter of the maltreatment. 
           Sec. 18.  [EFFECTIVE DATE.] 
           Sections 1 to 17 are effective the day following final 
        enactment. 
           Presented to the governor May 23, 2001 
           Signed by the governor May 25, 2001, 12:12 p.m.

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