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1998 Minnesota Session Laws

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                            CHAPTER 406-H.F.No. 2985 
                  An act relating to children; providing for child 
                  welfare reform; restricting release of certain 
                  information; establishing citizen review panels; 
                  clarifying jurisdiction; establishing programs for 
                  concurrent planning for permanent placement; defining 
                  terms; imposing duties; expanding certain case plans; 
                  providing for consideration of domestic abuse in child 
                  protection risk assessments; authorizing rulemaking; 
                  providing for sharing of certain data; changing 
                  records retention requirements; requiring review and 
                  audits; requiring task forces and a plan; amending 
                  Minnesota Statutes 1996, sections 144.226, subdivision 
                  3; 245A.035, subdivision 4; 256.01, subdivision 12, 
                  and by adding a subdivision; 257.42; 257.43; 259.24, 
                  subdivision 1; 259.37, subdivision 2; 259.67, 
                  subdivision 1; 260.011, subdivision 2; 260.141, by 
                  adding a subdivision; 260.172, subdivision 1; 260.191, 
                  subdivision 1e; 260.221, as amended; and 626.556, 
                  subdivision 10, and by adding subdivisions; Minnesota 
                  Statutes 1997 Supplement, sections 144.218, 
                  subdivision 2; 144.226, subdivision 4; 245A.03, 
                  subdivision 2; 245A.04, subdivisions 3b and 3d; 
                  256.82, subdivision 2; 256F.05, subdivision 8; 
                  257.071, subdivision 1d; 257.85, subdivisions 3 and 5; 
                  259.22, subdivision 4; 259.47, subdivision 3; 259.58; 
                  259.60, subdivision 2; 260.012; 260.015, subdivisions 
                  2a and 29; 260.161, subdivision 2; 260.191, 
                  subdivisions 1, 1a, 3a, and 3b; 260.241, subdivision 
                  3; and 626.556, subdivisions 10e and 11c; proposing 
                  coding for new law in Minnesota Statutes, chapter 257. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                           ADOPTION AND SAFE FAMILIES 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        144.218, subdivision 2, is amended to read: 
           Subd. 2.  [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
        the adoption of a person who was born in a foreign country, the 
        court, upon evidence presented by the commissioner of human 
        services from information secured at the port of entry, or upon 
        evidence from other reliable sources, may make findings of fact 
        as to the date and place of birth and parentage.  Upon receipt 
        of certified copies of the court findings and the order or 
        decree of adoption or a certified copy of a decree issued under 
        section 259.60, the state registrar shall register a birth 
        certificate in the new name of the adopted person.  The 
        certified copies of the court findings and the order or, decree 
        of adoption, or decree issued under section 259.60 are 
        confidential, pursuant to section 13.02, subdivision 3, and 
        shall not be disclosed except pursuant to court order or section 
        144.1761.  The birth certificate shall state the place of birth 
        as specifically as possible, and that the certificate is not 
        evidence of United States citizenship. 
           Sec. 2.  Minnesota Statutes 1996, section 144.226, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BIRTH CERTIFICATE COPY SURCHARGE.] In addition 
        to any fee prescribed under subdivision 1, there shall be a 
        surcharge of $3 for each certified copy of a birth certificate, 
        and for a certification that the record cannot be found.  The 
        local or state registrar shall forward this amount to the 
        commissioner of finance for deposit into the account for the 
        children's trust fund for the prevention of child abuse 
        established under section 119A.12.  This surcharge shall not be 
        charged under those circumstances in which no fee for a 
        certified copy of a birth certificate is permitted under 
        subdivision 1, paragraph (a).  Upon certification by the 
        commissioner of finance that the assets in that fund exceed 
        $20,000,000, this surcharge shall be discontinued. 
           Sec. 3.  Minnesota Statutes 1997 Supplement, section 
        144.226, subdivision 4, is amended to read: 
           Subd. 4.  [VITAL RECORDS SURCHARGE.] In addition to any fee 
        prescribed under subdivision 1, there is a nonrefundable 
        surcharge of $3 for each certified and noncertified birth or 
        death record, and for a certification that the record cannot be 
        found.  The local or state registrar shall forward this amount 
        to the state treasurer to be deposited into the state government 
        special revenue fund.  This surcharge shall not be charged under 
        those circumstances in which no fee for a birth or death record 
        is permitted under subdivision 1, paragraph (a).  This surcharge 
        requirement expires June 30, 2002. 
           Sec. 4.  Minnesota Statutes 1997 Supplement, section 
        245A.03, subdivision 2, is amended to read: 
           Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 
        245A.16 do not apply to: 
           (1) residential or nonresidential programs that are 
        provided to a person by an individual who is related unless the 
        residential program is a child foster care placement made by a 
        local social services agency or a licensed child-placing agency, 
        except as provided in subdivision 2a; 
           (2) nonresidential programs that are provided by an 
        unrelated individual to persons from a single related family; 
           (3) residential or nonresidential programs that are 
        provided to adults who do not abuse chemicals or who do not have 
        a chemical dependency, a mental illness, mental retardation or a 
        related condition, a functional impairment, or a physical 
        handicap; 
           (4) sheltered workshops or work activity programs that are 
        certified by the commissioner of economic security; 
           (5) programs for children enrolled in kindergarten to the 
        12th grade and prekindergarten special education in a school as 
        defined in section 120.101, subdivision 4, and programs serving 
        children in combined special education and regular 
        prekindergarten programs that are operated or assisted by the 
        commissioner of children, families, and learning; 
           (6) nonresidential programs primarily for children that 
        provide care or supervision, without charge for ten or fewer 
        days a year, and for periods of less than three hours a day 
        while the child's parent or legal guardian is in the same 
        building as the nonresidential program or present within another 
        building that is directly contiguous to the building in which 
        the nonresidential program is located; 
           (7) nursing homes or hospitals licensed by the commissioner 
        of health except as specified under section 245A.02; 
           (8) board and lodge facilities licensed by the commissioner 
        of health that provide services for five or more persons whose 
        primary diagnosis is mental illness who have refused an 
        appropriate residential program offered by a county agency.  
        This exclusion expires on July 1, 1990; 
           (9) homes providing programs for persons placed there by a 
        licensed agency for legal adoption, unless the adoption is not 
        completed within two years; 
           (10) programs licensed by the commissioner of corrections; 
           (11) recreation programs for children or adults that 
        operate for fewer than 40 calendar days in a calendar year or 
        programs operated by a park and recreation board of a city of 
        the first class whose primary purpose is to provide social and 
        recreational activities to school age children, provided the 
        program is approved by the park and recreation board; 
           (12) programs operated by a school as defined in section 
        120.101, subdivision 4, whose primary purpose is to provide 
        child care to school-age children, provided the program is 
        approved by the district's school board; 
           (13) Head Start nonresidential programs which operate for 
        less than 31 days in each calendar year; 
           (14) noncertified boarding care homes unless they provide 
        services for five or more persons whose primary diagnosis is 
        mental illness or mental retardation; 
           (15) nonresidential programs for nonhandicapped children 
        provided for a cumulative total of less than 30 days in any 
        12-month period; 
           (16) residential programs for persons with mental illness, 
        that are located in hospitals, until the commissioner adopts 
        appropriate rules; 
           (17) the religious instruction of school-age children; 
        Sabbath or Sunday schools; or the congregate care of children by 
        a church, congregation, or religious society during the period 
        used by the church, congregation, or religious society for its 
        regular worship; 
           (18) camps licensed by the commissioner of health under 
        Minnesota Rules, chapter 4630; 
           (19) mental health outpatient services for adults with 
        mental illness or children with emotional disturbance; 
           (20) residential programs serving school-age children whose 
        sole purpose is cultural or educational exchange, until the 
        commissioner adopts appropriate rules; 
           (21) unrelated individuals who provide out-of-home respite 
        care services to persons with mental retardation or related 
        conditions from a single related family for no more than 90 days 
        in a 12-month period and the respite care services are for the 
        temporary relief of the person's family or legal representative; 
           (22) respite care services provided as a home and 
        community-based service to a person with mental retardation or a 
        related condition, in the person's primary residence; 
           (23) community support services programs as defined in 
        section 245.462, subdivision 6, and family community support 
        services as defined in section 245.4871, subdivision 17; 
           (24) the placement of a child by a birth parent or legal 
        guardian in a preadoptive home for purposes of adoption as 
        authorized by section 259.47; or 
           (25) settings registered under chapter 144D which provide 
        home care services licensed by the commissioner of health to 
        fewer than seven adults. 
           For purposes of clause (6), a building is directly 
        contiguous to a building in which a nonresidential program is 
        located if it shares a common wall with the building in which 
        the nonresidential program is located or is attached to that 
        building by skyway, tunnel, atrium, or common roof. 
           Sec. 5.  Minnesota Statutes 1996, section 245A.035, 
        subdivision 4, is amended to read: 
           Subd. 4.  [APPLICANT STUDY.] When the county agency has 
        received the information required by section 245A.04, 
        subdivision 3, paragraph (b), the county agency shall begin an 
        applicant study according to the procedures in section 245A.04, 
        subdivision 3.  The commissioner may issue an emergency license 
        upon recommendation of the county agency once the initial 
        inspection has been successfully completed and the information 
        necessary to begin the applicant background study has been 
        provided.  If the county agency does not recommend that the 
        emergency license be granted, the agency shall notify the 
        relative in writing that the agency is recommending denial to 
        the commissioner; shall remove any child who has been placed in 
        the home prior to licensure; and shall inform the relative in 
        writing of the procedure to request review pursuant to 
        subdivision 6.  An emergency license shall be effective until a 
        child foster care license is granted or denied, but shall in no 
        case remain in effect more than 90 120 days from the date of 
        placement. 
           Sec. 6.  Minnesota Statutes 1997 Supplement, section 
        245A.04, subdivision 3b, is amended to read: 
           Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
        individual who is the subject of the disqualification may 
        request a reconsideration of the disqualification.  
           The individual must submit the request for reconsideration 
        to the commissioner in writing.  A request for reconsideration 
        for an individual who has been sent a notice of disqualification 
        under subdivision 3a, paragraph (b), clause (1) or (2), must be 
        submitted within 30 calendar days of the disqualified 
        individual's receipt of the notice of disqualification.  A 
        request for reconsideration for an individual who has been sent 
        a notice of disqualification under subdivision 3a, paragraph 
        (b), clause (3), must be submitted within 15 calendar days of 
        the disqualified individual's receipt of the notice of 
        disqualification.  Removal of a disqualified individual from 
        direct contact shall be ordered if the individual does not 
        request reconsideration within the prescribed time, and for an 
        individual who submits a timely request for reconsideration, if 
        the disqualification is not set aside.  The individual must 
        present information showing that: 
           (1) the information the commissioner relied upon is 
        incorrect or inaccurate.  If the basis of a reconsideration 
        request is that a maltreatment determination or disposition 
        under section 626.556 or 626.557 is incorrect, and the 
        commissioner has issued a final order in an appeal of that 
        determination or disposition under section 256.045, the 
        commissioner's order is conclusive on the issue of maltreatment; 
        or 
           (2) the subject of the study does not pose a risk of harm 
        to any person served by the applicant or license holder. 
           (b) The commissioner may set aside the disqualification 
        under this section if the commissioner finds that the 
        information the commissioner relied upon is incorrect or the 
        individual does not pose a risk of harm to any person served by 
        the applicant or license holder.  In determining that an 
        individual does not pose a risk of harm, the commissioner shall 
        consider the consequences of the event or events that lead to 
        disqualification, whether there is more than one disqualifying 
        event, the vulnerability of the victim at the time of the event, 
        the time elapsed without a repeat of the same or similar event, 
        documentation of successful completion by the individual studied 
        of training or rehabilitation pertinent to the event, and any 
        other information relevant to reconsideration.  In reviewing a 
        disqualification under this section, the commissioner shall give 
        preeminent weight to the safety of each person to be served by 
        the license holder or applicant over the interests of the 
        license holder or applicant. 
           (c) Unless the information the commissioner relied on in 
        disqualifying an individual is incorrect, the commissioner may 
        not set aside the disqualification of an individual in 
        connection with a license to provide family day care for 
        children, foster care for children in the provider's own home, 
        or foster care or day care services for adults in the provider's 
        own home if: 
           (1) less than ten years have passed since the discharge of 
        the sentence imposed for the offense; and the individual has 
        been convicted of a violation of any offense listed in sections 
        609.20 (manslaughter in the first degree), 609.205 (manslaughter 
        in the second degree), criminal vehicular homicide under 609.21 
        (criminal vehicular homicide and injury), 609.215 (aiding 
        suicide or aiding attempted suicide), felony violations under 
        609.221 to 609.2231 (assault in the first, second, third, or 
        fourth degree), 609.713 (terroristic threats), 609.235 (use of 
        drugs to injure or to facilitate crime), 609.24 (simple 
        robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
        609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
        first or second degree), 609.71 (riot), burglary in the first or 
        second degree under 609.582 (burglary), 609.66 (dangerous 
        weapon), 609.665 (spring guns), 609.67 (machine guns and 
        short-barreled shotguns), 609.749 (harassment; stalking), 
        152.021 or 152.022 (controlled substance crime in the first or 
        second degree), 152.023, subdivision 1, clause (3) or (4), or 
        subdivision 2, clause (4) (controlled substance crime in the 
        third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
        (controlled substance crime in the fourth degree), 609.224, 
        subdivision 2, paragraph (c) (fifth-degree assault by a 
        caregiver against a vulnerable adult), 609.228 (great bodily 
        harm caused by distribution of drugs), 609.23 (mistreatment of 
        persons confined), 609.231 (mistreatment of residents or 
        patients), 609.2325 (criminal abuse of a vulnerable adult), 
        609.233 (criminal neglect of a vulnerable adult), 609.2335 
        (financial exploitation of a vulnerable adult), 609.234 (failure 
        to report), 609.265 (abduction), 609.2664 to 609.2665 
        (manslaughter of an unborn child in the first or second degree), 
        609.267 to 609.2672 (assault of an unborn child in the first, 
        second, or third degree), 609.268 (injury or death of an unborn 
        child in the commission of a crime), 617.293 (disseminating or 
        displaying harmful material to minors), 609.378 (neglect or 
        endangerment of a child), a gross misdemeanor offense under 
        609.377 (malicious punishment of a child), 609.72, subdivision 3 
        (disorderly conduct against a vulnerable adult); or an attempt 
        or conspiracy to commit any of these offenses, as each of these 
        offenses is defined in Minnesota Statutes; or an offense in any 
        other state, the elements of which are substantially similar to 
        the elements of any of the foregoing offenses; 
           (2) regardless of how much time has passed since the 
        discharge of the sentence imposed for the offense, the 
        individual was convicted of a violation of any offense listed in 
        sections 609.185 to 609.195 (murder in the first, second, or 
        third degree), 609.2661 to 609.2663 (murder of an unborn child 
        in the first, second, or third degree), a felony offense under 
        609.377 (malicious punishment of a child), 609.322 
        (solicitation, inducement, and promotion of prostitution), 
        609.323 (receiving profit derived from prostitution), 609.342 to 
        609.345 (criminal sexual conduct in the first, second, third, or 
        fourth degree), 609.352 (solicitation of children to engage in 
        sexual conduct), 617.246 (use of minors in a sexual 
        performance), 617.247 (possession of pictorial representations 
        of a minor), 609.365 (incest), a felony offense under sections 
        609.2242 and 609.2243 (domestic assault), a felony offense of 
        spousal abuse, a felony offense of child abuse or neglect, a 
        felony offense of a crime against children, or an attempt or 
        conspiracy to commit any of these offenses as defined in 
        Minnesota Statutes, or an offense in any other state, the 
        elements of which are substantially similar to any of the 
        foregoing offenses; 
           (3) within the seven years preceding the study, the 
        individual committed an act that constitutes maltreatment of a 
        child under section 626.556, subdivision 10e, and that resulted 
        in substantial bodily harm as defined in section 609.02, 
        subdivision 7a, or substantial mental or emotional harm as 
        supported by competent psychological or psychiatric evidence; or 
           (4) within the seven years preceding the study, the 
        individual was determined under section 626.557 to be the 
        perpetrator of a substantiated incident of maltreatment of a 
        vulnerable adult that resulted in substantial bodily harm as 
        defined in section 609.02, subdivision 7a, or substantial mental 
        or emotional harm as supported by competent psychological or 
        psychiatric evidence. 
           In the case of any ground for disqualification under 
        clauses (1) to (4), if the act was committed by an individual 
        other than the applicant or license holder residing in the 
        applicant's or license holder's home, the applicant or license 
        holder may seek reconsideration when the individual who 
        committed the act no longer resides in the home.  
           The disqualification periods provided under clauses (1), 
        (3), and (4) are the minimum applicable disqualification 
        periods.  The commissioner may determine that an individual 
        should continue to be disqualified from licensure because the 
        license holder or applicant poses a risk of harm to a person 
        served by that individual after the minimum disqualification 
        period has passed. 
           (d) The commissioner shall respond in writing or by 
        electronic transmission to all reconsideration requests for 
        which the basis for the request is that the information relied 
        upon by the commissioner to disqualify is incorrect or 
        inaccurate within 30 working days of receipt of a request and 
        all relevant information.  If the basis for the request is that 
        the individual does not pose a risk of harm, the commissioner 
        shall respond to the request within 15 working days after 
        receiving the request for reconsideration and all relevant 
        information.  If the disqualification is set aside, the 
        commissioner shall notify the applicant or license holder in 
        writing or by electronic transmission of the decision. 
           (e) Except as provided in subdivision 3c, the 
        commissioner's decision to disqualify an individual, including 
        the decision to grant or deny a rescission or set aside a 
        disqualification under this section, is the final administrative 
        agency action and shall not be subject to further review in a 
        contested case under chapter 14 involving a negative licensing 
        appeal taken in response to the disqualification or involving an 
        accuracy and completeness appeal under section 13.04. 
           Sec. 7.  Minnesota Statutes 1997 Supplement, section 
        245A.04, subdivision 3d, is amended to read: 
           Subd. 3d.  [DISQUALIFICATION.] When a background study 
        completed under subdivision 3 shows any of the following:  a 
        conviction of one or more crimes listed in clauses (1) to (4); 
        the individual has admitted to or a preponderance of the 
        evidence indicates the individual has committed an act or acts 
        that meet the definition of any of the crimes listed in clauses 
        (1) to (4); or an administrative determination listed under 
        clause (4), the individual shall be disqualified from any 
        position allowing direct contact with persons receiving services 
        from the license holder: 
           (1) regardless of how much time has passed since the 
        discharge of the sentence imposed for the offense, and unless 
        otherwise specified, regardless of the level of the conviction, 
        the individual was convicted of any of the following offenses:  
        sections 609.185 (murder in the first degree); 609.19 (murder in 
        the second degree); 609.195 (murder in the third degree); 
        609.2661 (murder of an unborn child in the first degree); 
        609.2662 (murder of an unborn child in the second degree); 
        609.2663 (murder of an unborn child in the third degree); 
        609.322 (solicitation, inducement, and promotion of 
        prostitution); 609.323 (receiving profit derived from 
        prostitution); 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); 609.352 
        (solicitation of children to engage in sexual conduct); 609.365 
        (incest); felony offense under 609.377 (malicious punishment of 
        a child); 617.246 (use of minors in sexual performance 
        prohibited); 617.247 (possession of pictorial representations of 
        minors); a felony offense under sections 609.2242 and 609.2243 
        (domestic assault), a felony offense of spousal abuse, a felony 
        offense of child abuse or neglect, a felony offense of a crime 
        against children; or attempt or conspiracy to commit any of 
        these offenses as defined in Minnesota Statutes, or an offense 
        in any other state or country, where the elements are 
        substantially similar to any of the offenses listed in this 
        clause; 
           (2) if less than 15 years have passed since the discharge 
        of the sentence imposed for the offense; and the individual has 
        received a felony conviction for a violation of any of these 
        offenses:  sections 609.20 (manslaughter in the first degree); 
        609.205 (manslaughter in the second degree); 609.21 (criminal 
        vehicular homicide and injury); 609.215 (suicide); 609.221 to 
        609.2231 (assault in the first, second, third, or fourth 
        degree); repeat offenses under 609.224 (assault in the fifth 
        degree); 609.2242 and 609.2243 (domestic assault; sentencing; 
        repeat domestic assault); repeat offenses under 609.3451 
        (criminal sexual conduct in the fifth degree); 609.713 
        (terroristic threats); 609.235 (use of drugs to injure or 
        facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
        robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 
        609.561 (arson in the first degree); 609.562 (arson in the 
        second degree); 609.563 (arson in the third degree); repeat 
        offenses under 617.23 (indecent exposure; penalties); repeat 
        offenses under 617.241 (obscene materials and performances; 
        distribution and exhibition prohibited; penalty); 609.71 (riot); 
        609.66 (dangerous weapons); 609.67 (machine guns and 
        short-barreled shotguns); 609.749 (harassment; stalking; 
        penalties); 609.228 (great bodily harm caused by distribution of 
        drugs); 609.2325 (criminal abuse of a vulnerable adult); 
        609.2664 (manslaughter of an unborn child in the first degree); 
        609.2665 (manslaughter of an unborn child in the second degree); 
        609.267 (assault of an unborn child in the first degree); 
        609.2671 (assault of an unborn child in the second degree); 
        609.268 (injury or death of an unborn child in the commission of 
        a crime); 609.378 (neglect or endangerment of a child); 609.324, 
        subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335 
        (financial exploitation of a vulnerable adult); 609.521 
        (possession of shoplifting gear); 609.582 (burglary); 609.625 
        (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 
        offering a forged check); 609.635 (obtaining signature by false 
        pretense); 609.27 (coercion); 609.275 (attempt to coerce); 
        609.687 (adulteration); 260.221 (grounds for termination of 
        parental rights); and chapter 152 (drugs; controlled 
        substance).  An attempt or conspiracy to commit any of these 
        offenses, as each of these offenses is defined in Minnesota 
        Statutes; or an offense in any other state or country, the 
        elements of which are substantially similar to the elements of 
        the offenses in this clause.  If the individual studied is 
        convicted of one of the felonies listed in this clause, but the 
        sentence is a gross misdemeanor or misdemeanor disposition, the 
        look-back period for the conviction is the period applicable to 
        the disposition, that is the period for gross misdemeanors or 
        misdemeanors; 
           (3) if less than ten years have passed since the discharge 
        of the sentence imposed for the offense; and the individual has 
        received a gross misdemeanor conviction for a violation of any 
        of the following offenses:  sections 609.224 (assault in the 
        fifth degree); 609.2242 and 609.2243 (domestic assault); 
        violation of an order for protection under 518B.01, subdivision 
        14; 609.3451 (criminal sexual conduct in the fifth degree); 
        repeat offenses under 609.746 (interference with privacy); 
        repeat offenses under 617.23 (indecent exposure); 617.241 
        (obscene materials and performances); 617.243 (indecent 
        literature, distribution); 617.293 (harmful materials; 
        dissemination and display to minors prohibited); 609.71 (riot); 
        609.66 (dangerous weapons); 609.749 (harassment; stalking; 
        penalties); 609.224, subdivision 2, paragraph (c) (assault in 
        the fifth degree by a caregiver against a vulnerable adult); 
        609.23 (mistreatment of persons confined); 609.231 (mistreatment 
        of residents or patients); 609.2325 (criminal abuse of a 
        vulnerable adult); 609.233 (criminal neglect of a vulnerable 
        adult); 609.2335 (financial exploitation of a vulnerable adult); 
        609.234 (failure to report maltreatment of a vulnerable adult); 
        609.72, subdivision 3 (disorderly conduct against a vulnerable 
        adult); 609.265 (abduction); 609.378 (neglect or endangerment of 
        a child); 609.377 (malicious punishment of a child); 609.324, 
        subdivision 1a (other prohibited acts; minor engaged in 
        prostitution); 609.33 (disorderly house); 609.52 (theft); 
        609.582 (burglary); 609.631 (check forgery; offering a forged 
        check); 609.275 (attempt to coerce); or an attempt or conspiracy 
        to commit any of these offenses, as each of these offenses is 
        defined in Minnesota Statutes; or an offense in any other state 
        or country, the elements of which are substantially similar to 
        the elements of any of the offenses listed in this clause.  If 
        the defendant is convicted of one of the gross misdemeanors 
        listed in this clause, but the sentence is a misdemeanor 
        disposition, the look-back period for the conviction is the 
        period applicable to misdemeanors; 
           (4) if less than seven years have passed since the 
        discharge of the sentence imposed for the offense; and the 
        individual has received a misdemeanor conviction for a violation 
        of any of the following offenses:  sections 609.224 (assault in 
        the fifth degree); 609.2242 (domestic assault); violation of an 
        order for protection under 518B.01 (Domestic Abuse Act); 
        violation of an order for protection under 609.3232 (protective 
        order authorized; procedures; penalties); 609.746 (interference 
        with privacy); 609.79 (obscene or harassing phone calls); 
        609.795 (letter, telegram, or package; opening; harassment); 
        617.23 (indecent exposure; penalties); 609.2672 (assault of an 
        unborn child in the third degree); 617.293 (harmful materials; 
        dissemination and display to minors prohibited); 609.66 
        (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
        exploitation of a vulnerable adult); 609.234 (failure to report 
        maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
        (coercion); or an attempt or conspiracy to commit any of these 
        offenses, as each of these offenses is defined in Minnesota 
        Statutes; or an offense in any other state or country, the 
        elements of which are substantially similar to the elements of 
        any of the offenses listed in this clause; failure to make 
        required reports under section 626.556, subdivision 3, or 
        626.557, subdivision 3, for incidents in which:  (i) the final 
        disposition under section 626.556 or 626.557 was substantiated 
        maltreatment, and (ii) the maltreatment was recurring or 
        serious; or substantiated serious or recurring maltreatment of a 
        minor under section 626.556 or of a vulnerable adult under 
        section 626.557 for which there is a preponderance of evidence 
        that the maltreatment occurred, and that the subject was 
        responsible for the maltreatment.  For the purposes of this 
        section, serious maltreatment means sexual abuse; maltreatment 
        resulting in death; or maltreatment resulting in serious injury 
        or harm which reasonably requires the care of a physician 
        whether or not the care of a physician was sought, including:; 
        or abuse resulting in serious injury.  For purposes of this 
        section, abuse resulting in serious injury means:  bruises, 
        bites, skin laceration or tissue damage; fractures; 
        dislocations; evidence of internal injuries; head injuries with 
        loss of consciousness; extensive second-degree or third-degree 
        burns and other burns for which complications are 
        present; extensive second-degree or third-degree frostbite, and 
        others for which complications are present; irreversible 
        mobility or avulsion of teeth; injuries to the eyeball; 
        ingestion of foreign substances and objects that are harmful; 
        near drowning; and heat exhaustion or sunstroke.  For purposes 
        of this section, "care of a physician" is treatment received or 
        ordered by a physician, but does not include diagnostic testing, 
        assessment, or observation.  For the purposes of this section, 
        recurring maltreatment means more than one incident of 
        maltreatment for which there is a preponderance of evidence that 
        the maltreatment occurred, and that the subject was responsible 
        for the maltreatment. 
           Sec. 8.  Minnesota Statutes 1996, section 256.01, 
        subdivision 12, is amended to read: 
           Subd. 12.  [CHILD MORTALITY REVIEW PANEL.] (a) The 
        commissioner shall establish a child mortality review panel for 
        reviewing to review deaths of children in Minnesota, including 
        deaths attributed to maltreatment or in which maltreatment may 
        be a contributing cause and to review near fatalities as defined 
        in section 626.556, subdivision 11d.  The commissioners of 
        health, children, families, and learning, and public safety and 
        the attorney general shall each designate a representative to 
        the child mortality review panel.  Other panel members shall be 
        appointed by the commissioner, including a board-certified 
        pathologist and a physician who is a coroner or a medical 
        examiner.  The purpose of the panel shall be to make 
        recommendations to the state and to county agencies for 
        improving the child protection system, including modifications 
        in statute, rule, policy, and procedure. 
           (b) The commissioner may require a county agency to 
        establish a local child mortality review panel.  The 
        commissioner may establish procedures for conducting local 
        reviews and may require that all professionals with knowledge of 
        a child mortality case participate in the local review.  In this 
        section, "professional" means a person licensed to perform or a 
        person performing a specific service in the child protective 
        service system.  "Professional" includes law enforcement 
        personnel, social service agency attorneys, educators, and 
        social service, health care, and mental health care providers. 
           (c) If the commissioner of human services has reason to 
        believe that a child's death was caused by maltreatment or that 
        maltreatment was a contributing cause, the commissioner has 
        access to not public data under chapter 13 maintained by state 
        agencies, statewide systems, or political subdivisions that are 
        related to the child's death or circumstances surrounding the 
        care of the child.  The commissioner shall also have access to 
        records of private hospitals as necessary to carry out the 
        duties prescribed by this section.  Access to data under this 
        paragraph is limited to police investigative data; autopsy 
        records and coroner or medical examiner investigative data; 
        hospital, public health, or other medical records of the child; 
        hospital and other medical records of the child's parent that 
        relate to prenatal care; and records created by social service 
        agencies that provided services to the child or family within 
        three years preceding the child's death.  A state agency, 
        statewide system, or political subdivision shall provide the 
        data upon request of the commissioner.  Not public data may be 
        shared with members of the state or local child mortality review 
        panel in connection with an individual case. 
           (d) Notwithstanding the data's classification in the 
        possession of any other agency, data acquired by a local or 
        state child mortality review panel in the exercise of its duties 
        is protected nonpublic or confidential data as defined in 
        section 13.02, but may be disclosed as necessary to carry out 
        the purposes of the review panel.  The data is not subject to 
        subpoena or discovery.  The commissioner may disclose 
        conclusions of the review panel, but shall not disclose data 
        that was classified as confidential or private data on 
        decedents, under section 13.10, or private, confidential, or 
        protected nonpublic data in the disseminating agency, except 
        that the commissioner may disclose local social service agency 
        data as provided in section 626.556, subdivision 11d, on 
        individual cases involving a fatality or near fatality of a 
        person served by the local social service agency prior to the 
        date of death. 
           (e) A person attending a child mortality review panel 
        meeting shall not disclose what transpired at the meeting, 
        except to carry out the purposes of the mortality review panel.  
        The proceedings and records of the mortality review panel are 
        protected nonpublic data as defined in section 13.02, 
        subdivision 13, and are not subject to discovery or introduction 
        into evidence in a civil or criminal action against a 
        professional, the state or a county agency, arising out of the 
        matters the panel is reviewing.  Information, documents, and 
        records otherwise available from other sources are not immune 
        from discovery or use in a civil or criminal action solely 
        because they were presented during proceedings of the review 
        panel.  A person who presented information before the review 
        panel or who is a member of the panel shall not be prevented 
        from testifying about matters within the person's knowledge.  
        However, in a civil or criminal proceeding a person shall not be 
        questioned about the person's presentation of information to the 
        review panel or opinions formed by the person as a result of the 
        review meetings.  
           Sec. 9.  Minnesota Statutes 1996, section 256.01, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [CITIZEN REVIEW PANELS.] (a) The commissioner 
        shall establish a minimum of three citizen review panels to 
        examine the policies and procedures of state and local welfare 
        agencies to evaluate the extent to which the agencies are 
        effectively discharging their child protection 
        responsibilities.  Local social service agencies shall cooperate 
        and work with the citizen review panels.  Where appropriate, the 
        panels may examine specific cases to evaluate the effectiveness 
        of child protection activities.  The panels must examine the 
        extent to which the state and local agencies are meeting the 
        requirements of the federal Child Abuse Prevention and Treatment 
        Act and the Reporting of Maltreatment of Minors Act.  The 
        commissioner may authorize mortality review panels or child 
        protection teams to carry out the duties of a citizen review 
        panel if membership meets or is expanded to meet the 
        requirements of this section. 
           (b) The panel membership must include volunteers who 
        broadly represent the community in which the panel is 
        established, including members who have expertise in the 
        prevention and treatment of child abuse and neglect, child 
        protection advocates, and representatives of the councils of 
        color and ombudsperson for families. 
           (c) A citizen review panel has access to the following data 
        for specific case review under this paragraph:  police 
        investigative data; autopsy records and coroner or medical 
        examiner investigative data; hospital, public health, or other 
        medical records of the child; hospital and other medical records 
        of the child's parent that relate to prenatal care; records 
        created by social service agencies that provided services to the 
        child or family; and personnel data related to an employee's 
        performance in discharging child protection responsibilities.  A 
        state agency, statewide system, or political subdivision shall 
        provide the data upon request of the commissioner.  Not public 
        data may be shared with members of the state or local citizen 
        review panel in connection with an individual case. 
           (d) Notwithstanding the data's classification in the 
        possession of any other agency, data acquired by a local or 
        state citizen review panel in the exercise of its duties are 
        protected nonpublic or confidential data as defined in section 
        13.02, but may be disclosed as necessary to carry out the 
        purposes of the review panel.  The data are not subject to 
        subpoena or discovery.  The commissioner may disclose 
        conclusions of the review panel, but may not disclose data on 
        individuals that were classified as confidential or private data 
        on individuals in the possession of the state agency, statewide 
        system, or political subdivision from which the data were 
        received, except that the commissioner may disclose local social 
        service agency data as provided in section 626.556, subdivision 
        11d, on individual cases involving a fatality or near fatality 
        of a person served by the local social service agency prior to 
        the date of death.  
           (e) A person attending a citizen review panel meeting may 
        not disclose what transpired at the meeting, except to carry out 
        the purposes of the review panel.  The proceedings and records 
        of the review panel are protected nonpublic data as defined in 
        section 13.02, subdivision 13, and are not subject to discovery 
        or introduction into evidence in a civil or criminal action 
        against a professional, the state, or county agency arising out 
        of the matters the panel is reviewing.  Information, documents, 
        and records otherwise available from other sources are not 
        immune from discovery or use in a civil or criminal action 
        solely because they were presented during proceedings of the 
        review panel.  A person who presented information before the 
        review panel or who is a member of the panel is not prevented 
        from testifying about matters within the person's knowledge.  
        However, in a civil or criminal proceeding, a person must not be 
        questioned about the person's presentation of information to the 
        review panel or opinions formed by the person as a result of the 
        review panel meetings. 
           Sec. 10.  Minnesota Statutes 1997 Supplement, section 
        256.82, subdivision 2, is amended to read: 
           Subd. 2.  [FOSTER CARE MAINTENANCE PAYMENTS.] 
        Notwithstanding subdivision 1, for the purposes of foster care 
        maintenance payments under title IV-E of the federal Social 
        Security Act, United States Code, title 42, sections 670 to 676, 
        during the period beginning July 1, 1985, and ending December 
        31, 1985, the county paying the maintenance costs shall be 
        reimbursed for the costs from those federal funds available for 
        that purpose together with an amount of state funds equal to a 
        percentage of the difference between the total cost and the 
        federal funds made available for payment.  This percentage shall 
        not exceed the percentage specified in subdivision 1 for the aid 
        to families with dependent children program.  In the event that 
        the state appropriation for this purpose is less than the state 
        percentage set in subdivision 1, the reimbursement shall be 
        ratably reduced to the county.  Beginning January 1, 1986, for 
        the purpose of foster care maintenance payments under title IV-E 
        of the Social Security Act, United States Code, title 42, 
        sections 670 to 676, the county paying the maintenance costs 
        must be reimbursed for the costs from the federal money 
        available for the purpose.  Beginning July 1, 1997, for the 
        purposes of determining a child's eligibility under title IV-E 
        of the Social Security Act, the placing agency shall use AFDC 
        requirements in effect on June 1, 1995 July 16, 1996. 
           Sec. 11.  Minnesota Statutes 1997 Supplement, section 
        257.071, subdivision 1d, is amended to read: 
           Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
        after a child is initially placed in a residential facility, the 
        local social service 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, and.  Relatives should also 
        be notified that a decision not to be a placement resource at 
        the beginning of the case may affect the relative's right being 
        considered to have the child placed with that relative later.  
        The relatives must be notified that they must keep the local 
        social service agency informed of their current address in order 
        to receive notice of any that a permanent placement hearing is 
        being sought for the child.  A relative who fails to provide a 
        current address to the local social service agency forfeits the 
        right to notice of the possibility of permanent placement. 
           (b) Unless 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, 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 
        contain an advisory that if the relative chooses not to be a 
        placement resource at the beginning of the case, this may affect 
        the relative's rights to have the child placed with that 
        relative permanently later on.  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. 12.  Minnesota Statutes 1996, section 257.42, is 
        amended to read: 
           257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 
           The "appropriate public authorities" as used in article 3 
        of the interstate compact on the placement of children shall, 
        with reference to this state, mean the Minnesota department 
        commissioner of human services and said department.  The 
        commissioner of human services or the commissioner's delegate 
        shall receive and act with reference to notices required by said 
        article 3.  
           Sec. 13.  Minnesota Statutes 1996, section 257.43, is 
        amended to read: 
           257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.] 
           As used in paragraph (a) of article 5 of the interstate 
        compact on the placement of children, the phrase "appropriate 
        authority in the receiving state" with reference to this state 
        shall mean the commissioner of human services or the 
        commissioner's delegate.  
           Sec. 14.  Minnesota Statutes 1997 Supplement, section 
        257.85, subdivision 3, is amended to read: 
           Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
        terms defined in this subdivision have the meanings given them. 
           (a) "AFDC or MFIP standard" means the monthly standard of 
        need used to calculate assistance under the AFDC program, the 
        transitional standard used to calculate assistance under the 
        MFIP-S program, or, if neither of those is applicable, the 
        analogous transitional standard used to calculate assistance 
        under the MFIP or MFIP-R programs. 
           (b) "Local agency" means the local social service agency 
        with legal custody of a child prior to the transfer of permanent 
        legal and physical custody to a relative. 
           (c) "Permanent legal and physical custody" means permanent 
        legal and physical custody ordered by a Minnesota juvenile court 
        under section 260.191, subdivision 3b. 
           (d) "Relative" means an individual, other than a parent, 
        who is related to a child by blood, marriage, or adoption. 
           (e) "Relative custodian" means a relative of a child for 
        whom the relative has permanent legal and physical 
        custody.  When siblings, including half-siblings and 
        step-siblings, are placed together in the permanent legal and 
        physical custody of a relative of one of the siblings, the 
        person receiving permanent legal and physical custody of the 
        siblings is considered a relative custodian of all of the 
        siblings for purposes of this section. 
           (f) "Relative custody assistance agreement" means an 
        agreement entered into between a local agency and the relative 
        of a child who has been or will be awarded permanent legal and 
        physical custody of the child. 
           (g) "Relative custody assistance payment" means a monthly 
        cash grant made to a relative custodian pursuant to a relative 
        custody assistance agreement and in an amount calculated under 
        subdivision 7. 
           (h) "Remains in the physical custody of the relative 
        custodian" means that the relative custodian is providing 
        day-to-day care for the child and that the child lives with the 
        relative custodian; absence from the relative custodian's home 
        for a period of more than 120 days raises a presumption that the 
        child no longer remains in the physical custody of the relative 
        custodian. 
           Sec. 15.  Minnesota Statutes 1997 Supplement, section 
        257.85, subdivision 5, is amended to read: 
           Subd. 5.  [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A 
        relative custody assistance agreement will not be effective, 
        unless it is signed by the local agency and the relative 
        custodian no later than 30 days after the date of the order 
        establishing permanent legal and physical custody with the 
        relative, except that a local agency may enter into a relative 
        custody assistance agreement with a relative custodian more than 
        30 days after the date of the order if it certifies that the 
        delay in entering the agreement was through no fault of the 
        relative custodian.  There must be a separate agreement for each 
        child for whom the relative custodian is receiving relative 
        custody assistance. 
           (b) Regardless of when the relative custody assistance 
        agreement is signed by the local agency and relative custodian, 
        the effective date of the agreement shall be the first day of 
        the month following the date of the order establishing permanent 
        legal and physical custody or the date that the last party signs 
        the agreement, whichever occurs later. 
           (c) If MFIP-S is not the applicable program for a child at 
        the time that a relative custody assistance agreement is entered 
        on behalf of the child, when MFIP-S becomes the applicable 
        program, if the relative custodian had been receiving custody 
        assistance payments calculated based upon a different program, 
        the amount of relative custody assistance payment under 
        subdivision 7 shall be recalculated under the MFIP-S program. 
           (d) The relative custody assistance agreement shall be in a 
        form specified by the commissioner and shall include provisions 
        relating to the following: 
           (1) the responsibilities of all parties to the agreement; 
           (2) the payment terms, including the financial 
        circumstances of the relative custodian, the needs of the child, 
        the amount and calculation of the relative custody assistance 
        payments, and that the amount of the payments shall be 
        reevaluated annually; 
           (3) the effective date of the agreement, which shall also 
        be the anniversary date for the purpose of submitting the annual 
        affidavit under subdivision 8; 
           (4) that failure to submit the affidavit as required by 
        subdivision 8 will be grounds for terminating the agreement; 
           (5) the agreement's expected duration, which shall not 
        extend beyond the child's eighteenth birthday; 
           (6) any specific known circumstances that could cause the 
        agreement or payments to be modified, reduced, or terminated and 
        the relative custodian's appeal rights under subdivision 9; 
           (7) that the relative custodian must notify the local 
        agency within 30 days of any of the following: 
           (i) a change in the child's status; 
           (ii) a change in the relationship between the relative 
        custodian and the child; 
           (iii) a change in composition or level of income of the 
        relative custodian's family; 
           (iv) a change in eligibility or receipt of benefits under 
        AFDC, MFIP-S, or other assistance program; and 
           (v) any other change that could affect eligibility for or 
        amount of relative custody assistance; 
           (8) that failure to provide notice of a change as required 
        by clause (7) will be grounds for terminating the agreement; 
           (9) that the amount of relative custody assistance is 
        subject to the availability of state funds to reimburse the 
        local agency making the payments; 
           (10) that the relative custodian may choose to temporarily 
        stop receiving payments under the agreement at any time by 
        providing 30 days' notice to the local agency and may choose to 
        begin receiving payments again by providing the same notice but 
        any payments the relative custodian chooses not to receive are 
        forfeit; and 
           (11) that the local agency will continue to be responsible 
        for making relative custody assistance payments under the 
        agreement regardless of the relative custodian's place of 
        residence. 
           Sec. 16.  Minnesota Statutes 1997 Supplement, section 
        259.22, subdivision 4, is amended to read: 
           Subd. 4.  [TIME FOR FILING PETITION.] A petition shall be 
        filed not later than 24 12 months after a child is placed in a 
        prospective adoptive home.  If a petition is not filed by that 
        time, the agency that placed the child, or, in a direct adoptive 
        placement, the agency that is supervising the placement shall 
        file with the district court in the county where the prospective 
        adoptive parent resides a motion for an order and a report 
        recommending one of the following: 
           (1) that the time for filing a petition be extended because 
        of the child's special needs as defined under title IV-E of the 
        Social Security Act, United States Code, title 42, section 673; 
           (2) that, based on a written plan for completing filing of 
        the petition, including a specific timeline, to which the 
        prospective adoptive parents have agreed, the time for filing a 
        petition be extended long enough to complete the plan because 
        such an extension is in the best interests of the child and 
        additional time is needed for the child to adjust to the 
        adoptive home; or 
           (3) that the child be removed from the prospective adoptive 
        home. 
           The prospective adoptive parent must reimburse an agency 
        for the cost of preparing and filing the motion and report under 
        this section, unless the costs are reimbursed by the 
        commissioner under section 259.67 or 259.73. 
           Sec. 17.  Minnesota Statutes 1996, section 259.24, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
        without the consent of the child's parents and the child's 
        guardian, if there be one, except in the following instances: 
           (a) Consent shall not be required of a parent not entitled 
        to notice of the proceedings.  
           (b) Consent shall not be required of a parent who has 
        abandoned the child, or of a parent who has lost custody of the 
        child through a divorce decree or a decree of dissolution, and 
        upon whom notice has been served as required by section 259.49. 
           (c) Consent shall not be required of a parent whose 
        parental rights to the child have been terminated by a juvenile 
        court or who has lost custody of a child through a final 
        commitment of the juvenile court or through a decree in a prior 
        adoption proceeding. 
           (d) If there be no parent or guardian qualified to consent 
        to the adoption, the consent may be given by the commissioner. 
           (e) The commissioner or agency having authority to place a 
        child for adoption pursuant to section 259.25, subdivision 1, 
        shall have the exclusive right to consent to the adoption of 
        such child.  The commissioner or agency shall make every effort 
        to place siblings together for adoption.  Notwithstanding any 
        rule to the contrary, the commissioner may delegate the right to 
        consent to the adoption or separation of siblings, if it is in 
        the child's best interest, to a local social services agency.  
           Sec. 18.  Minnesota Statutes 1996, section 259.37, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE 
        PARENTS.] An agency shall provide a disclosure statement written 
        in clear, plain language to be signed by the prospective 
        adoptive parents and birth parents, except that in intercountry 
        adoptions, the signatures of birth parents are not required.  
        The disclosure statement must contain the following information: 
           (1) fees charged to the adoptive parent, including any 
        policy on sliding scale fees or fee waivers and an itemization 
        of the amount that will be charged for the adoption study, 
        counseling, postplacement services, family of origin searches, 
        birth parent expenses authorized under section 259.55, or any 
        other services; 
           (2) timeline for the adoptive parent to make fee payments; 
           (3) likelihood, given the circumstances of the prospective 
        adoptive parent and any specific program to which the 
        prospective adoptive parent is applying, that an adoptive 
        placement may be made and the estimated length of time for 
        making an adoptive placement.  These estimates must be based on 
        adoptive placements made with prospective parents in similar 
        circumstances applying to a similar program with the agency 
        during the immediately preceding three to five years.  If an 
        agency has not been in operation for at least three years, it 
        must provide summary data based on whatever adoptive placements 
        it has made and may include a statement about the kind of 
        efforts it will make to achieve an adoptive placement, including 
        a timetable it will follow in seeking a child.  The estimates 
        must include a statement that the agency cannot guarantee 
        placement of a child or a time by which a child will be placed; 
           (4) a statement of the services the agency will provide the 
        birth and adoptive parents; 
           (5) a statement prepared by the commissioner under section 
        259.39 that explains the child placement and adoption process 
        and the respective legal rights and responsibilities of the 
        birth parent and prospective adoptive parent during the process 
        including a statement that the prospective adoptive parent is 
        responsible for filing an adoption petition not later than 24 12 
        months after the child is placed in the prospective adoptive 
        home; 
           (6) a statement regarding any information the agency may 
        have about attorney referral services, or about obtaining 
        assistance with completing legal requirements for an adoption; 
        and 
           (7) an acknowledgment to be signed by the birth parent and 
        prospective adoptive parent that they have received, read, and 
        had the opportunity to ask questions of the agency about the 
        contents of the disclosure statement. 
           Sec. 19.  Minnesota Statutes 1997 Supplement, section 
        259.47, subdivision 3, is amended to read: 
           Subd. 3.  [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 
        is placed in a prospective adoptive home by a birth parent or 
        legal guardian, other than an agency, the placement must be 
        approved by the district court in the county where the 
        prospective adoptive parent resides.  An order under this 
        subdivision or subdivision 6 shall state that the prospective 
        adoptive parent's right to custody of the child is subject to 
        the birth parent's right to custody until the consents to the 
        child's adoption become irrevocable.  At the time of placement, 
        prospective adoptive parents must have for the child qualifying 
        existing coverage as defined in section 62L.02, subdivision 24, 
        or other similar comprehensive health care coverage.  The 
        preadoptive custody order must include any agreement reached 
        between the prospective adoptive parent and the birth parent 
        regarding authority to make decisions after placement for 
        medical care of the child and responsibility for payment for 
        medical care not provided by the adoptive parent's existing 
        health care coverage.  The prospective adoptive parent must meet 
        the residence requirements of section 259.22, subdivision 1, and 
        must file with the court an affidavit of intent to remain a 
        resident of the state for at least three months after the child 
        is placed in the prospective adoptive home.  The prospective 
        adoptive parent shall file with the court a notice of intent to 
        file an adoption petition and submit a written motion seeking an 
        order granting temporary preadoptive custody.  The notice and 
        motion required under this subdivision may be considered by the 
        court ex parte, without a hearing.  The prospective adoptive 
        parent shall serve a copy of the notice and motion upon any 
        parent whose consent is required under section 259.24 or who is 
        named in the affidavit required under paragraph (b) if that 
        person's mailing address is known.  The motion may be filed up 
        to 60 days before the placement is to be made and must include:  
           (1) the adoption study required under section 259.41; 
           (2) affidavits from the birth parents indicating their 
        support of the motion, or, if there is no affidavit from the 
        birth father, an affidavit from the birth mother under paragraph 
        (b); 
           (3) an itemized statement of expenses that have been paid 
        and an estimate of expenses that will be paid by the prospective 
        adoptive parents to the birth parents, any agency, attorney, or 
        other party in connection with the prospective adoption; 
           (4) the name of counsel for each party, if any; 
           (5) a statement that the birth parents: 
           (i) have provided the social and medical history required 
        under section 259.43 to the prospective adoptive parent; 
           (ii) have received the written statement of their legal 
        rights and responsibilities under section 259.39; and 
           (iii) have been notified of their right to receive 
        counseling under subdivision 4; and 
           (6) the name of the agency chosen by the adoptive parent to 
        supervise the adoptive placement and complete the postplacement 
        assessment required by section 259.53, subdivision 2. 
           The court shall review the expense statement submitted 
        under this subdivision to determine whether payments made or to 
        be made by the prospective adoptive parent are lawful and in 
        accordance with section 259.55, subdivision 1. 
           (b) If the birth mother submits the affidavit required in 
        paragraph (a), clause (2), but the birth father fails to do so, 
        the birth mother must submit an additional affidavit that 
        describes her good faith efforts or efforts made on her behalf 
        to identify and locate the birth father for purposes of securing 
        his consent.  In the following circumstances the birth mother 
        may instead submit an affidavit stating on which ground she is 
        exempt from making efforts to identify and locate the father: 
           (1) the child was conceived as the result of incest or 
        rape; 
           (2) efforts to locate the father by the affiant or anyone 
        acting on the affiant's behalf could reasonably result in 
        physical harm to the birth mother or child; or 
           (3) efforts to locate the father by the affiant or anyone 
        acting on the affiant's behalf could reasonably result in severe 
        emotional distress of the birth mother or child. 
           A court shall consider the motion for temporary preadoptive 
        custody within 30 days of receiving the motion or by the 
        anticipated placement date stated in the motion, whichever comes 
        sooner. 
           Sec. 20.  Minnesota Statutes 1997 Supplement, section 
        259.58, is amended to read: 
           259.58 [COMMUNICATION OR CONTACT AGREEMENTS.] 
           Adoptive parents and a birth relative may enter an 
        agreement regarding communication with or contact between an 
        adopted minor, adoptive parents, and a birth relative under this 
        section.  An agreement may be entered between: 
           (1) adoptive parents and a birth parent; 
           (2) adoptive parents and a any other birth relative with 
        whom the child resided before being adopted; or 
           (2) (3) adoptive parents and any other birth relative if 
        the child is adopted by a birth relative upon the death of both 
        birth parents. 
           For purposes of this section, "birth relative" means a 
        parent, stepparent, grandparent, brother, sister, uncle, or aunt 
        of a minor adoptee.  This relationship may be by blood or 
        marriage.  For an Indian child, birth 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, United States Code, title 25, section 
        1903.  
           (a) An agreement regarding communication with or contact 
        between minor adoptees, adoptive parents, and a birth relative 
        is not legally enforceable unless the terms of the agreement are 
        contained in a written court order entered in accordance with 
        this section.  An order must be sought at the same time a 
        petition for adoption is filed.  The court shall not enter a 
        proposed order unless the terms of the order have been approved 
        in writing by the prospective adoptive parents, a birth relative 
        who desires to be a party to the agreement, and, if the child is 
        in the custody of or under the guardianship of an agency, a 
        representative of the agency.  An agreement under this section 
        need not disclose the identity of the parties to be legally 
        enforceable.  The court shall not enter a proposed order unless 
        the court finds that the communication or contact between the 
        minor adoptee, the adoptive parents, and a birth relative as 
        agreed upon and contained in the proposed order would be in the 
        minor adoptee's best interests. 
           (b) Failure to comply with the terms of an agreed order 
        regarding communication or contact that has been entered by the 
        court under this section is not grounds for: 
           (1) setting aside an adoption decree; or 
           (2) revocation of a written consent to an adoption after 
        that consent has become irrevocable. 
           (c) An agreed order entered under this section may be 
        enforced by filing a petition or motion with the family court 
        that includes a certified copy of the order granting the 
        communication, contact, or visitation, but only if the petition 
        or motion is accompanied by an affidavit that the parties have 
        mediated or attempted to mediate any dispute under the agreement 
        or that the parties agree to a proposed modification.  The 
        prevailing party may be awarded reasonable attorney's fees and 
        costs.  The court shall not modify an agreed order under this 
        section unless it finds that the modification is necessary to 
        serve the best interests of the minor adoptee, and: 
           (1) the modification is agreed to by the adoptive parent 
        and the birth relative; or 
           (2) exceptional circumstances have arisen since the agreed 
        order was entered that justify modification of the order. 
           Sec. 21.  Minnesota Statutes 1997 Supplement, section 
        259.60, subdivision 2, is amended to read: 
           Subd. 2.  [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER; 
        DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in 
        paragraph (b), a person, whose adoption of a child under the 
        laws of a foreign country is valid in this state under 
        subdivision 1, may petition the district court in the county 
        where the adoptive parent resides for a decree confirming and 
        recognizing the adoption, changing the child's legal name, if 
        requested in the petition, and for authorizing the commissioner 
        of health to issue a new birth certificate for the child under 
        section 144.218, subdivision 2. 
           (b) A court shall issue the decree and birth 
        certificate described in paragraph (a) upon receipt of the 
        following documents: 
           (1) a petition by the adoptive parent requesting that the 
        court issue a Minnesota birth certificate, and stating that the 
        adoptive parent completed adoption of the child under the laws 
        of a foreign country and that the adoption is valid in this 
        state under subdivision 1 and requesting that the court issue a 
        decree confirming and recognizing the adoption, changing the 
        child's legal name, if desired, and authorizing the commissioner 
        of health to issue a new birth certificate for the child under 
        section 144.218, subdivision 2.  The petition must be in the 
        form of a signed, sworn, and notarized statement; 
           (2) a copy of the child's original birth certificate, if 
        available; 
           (3) a copy of the final adoption certificate or equivalent 
        as issued by the foreign jurisdiction; 
           (4) a copy of the child's passport including the United 
        States visa indicating IR-3 immigration status; and 
           (5) certified English translations of any of the documents 
        in clauses (2) to (4) that are not written in the English 
        language. 
           (c) Upon issuing a decree under this section, the court 
        shall forward to the commissioners of health and human services 
        a copy of the decree.  The court shall also complete and forward 
        to the commissioner of health the certificate of adoption, 
        unless another form has been specified by the commissioner of 
        health. 
           Sec. 22.  Minnesota Statutes 1996, section 259.67, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ADOPTION ASSISTANCE.] (a) The commissioner 
        of human services shall enter into an adoption assistance 
        agreement with an adoptive parent or parents who adopt a child 
        who meets the eligibility requirements under title IV-E of the 
        Social Security Act, United States Code, title 42, sections 670 
        to 679a, or who otherwise meets the requirements in subdivision 
        4. 
           (b) No child on whose behalf federal title IV-E adoption 
        assistance payments are to be made may be placed in an adoptive 
        home unless a criminal background check under section 259.41, 
        subdivision 3, paragraph (b), has been completed on the 
        prospective adoptive parents and no disqualifying condition 
        exists.  A disqualifying condition exists if: 
           (1) a criminal background check reveals a felony conviction 
        for child abuse; for spousal abuse; for a crime against children 
        (including child pornography); or for a crime involving 
        violence, including rape, sexual assault, or homicide, but not 
        including other physical assault or battery; or 
           (2) a criminal background check reveals a felony conviction 
        within the past five years for physical assault, battery, or a 
        drug-related offense. 
           Sec. 23.  Minnesota Statutes 1996, section 260.011, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) The paramount consideration in all 
        proceedings concerning a child alleged or found to be in need of 
        protection or services is the health, safety, and best interests 
        of the child.  In proceedings involving an American Indian 
        child, as defined in section 257.351, subdivision 6, the best 
        interests of the child must be determined consistent with 
        sections 257.35 to 257.3579 and the Indian Child Welfare Act, 
        United States Code, title 25, sections 1901 to 1923.  The 
        purpose of the laws relating to juvenile courts is to secure for 
        each child alleged or adjudicated in need of protection or 
        services and under the jurisdiction of the court, the care and 
        guidance, preferably in the child's own home, as will best serve 
        the spiritual, emotional, mental, and physical welfare of the 
        child; to provide judicial procedures which protect the welfare 
        of the child; to preserve and strengthen the child's family ties 
        whenever possible and in the child's best interests, removing 
        the child from the custody of parents only when the child's 
        welfare or safety cannot be adequately safeguarded without 
        removal; and, when removal from the child's own family is 
        necessary and in the child's best interests, to secure for the 
        child custody, care and discipline as nearly as possible 
        equivalent to that which should have been given by the parents.  
           (b) The purpose of the laws relating to termination of 
        parental rights is to ensure that: 
           (1) reasonable efforts have been made by the social service 
        agency to reunite the child with the child's parents in a 
        placement that is safe and permanent; and 
           (2) if placement with the parents is not reasonably 
        foreseeable, to secure for the child a safe and permanent 
        placement, preferably with adoptive parents. 
           Nothing in this section requires reasonable efforts to be 
        made in circumstances where the court has determined that the 
        child has been subjected to egregious harm or the parental 
        rights of the parent to a sibling have been involuntarily 
        terminated. 
           The paramount consideration in all proceedings for the 
        termination of parental rights is the best interests of the 
        child.  In proceedings involving an American Indian child, as 
        defined in section 257.351, subdivision 6, the best interests of 
        the child must be determined consistent with the Indian Child 
        Welfare Act of 1978, United States Code, title 25, section 1901, 
        et seq.  
           (c) The purpose of the laws relating to children alleged or 
        adjudicated to be delinquent is to promote the public safety and 
        reduce juvenile delinquency by maintaining the integrity of the 
        substantive law prohibiting certain behavior and by developing 
        individual responsibility for lawful behavior.  This purpose 
        should be pursued through means that are fair and just, that 
        recognize the unique characteristics and needs of children, and 
        that give children access to opportunities for personal and 
        social growth.  
           (d) The laws relating to juvenile courts shall be liberally 
        construed to carry out these purposes.  
           Sec. 24.  Minnesota Statutes 1997 Supplement, section 
        260.012, is amended to read: 
           260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
        REUNIFICATION; REASONABLE EFFORTS.] 
           (a) If a child 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 
        service 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.  The court may, 
        upon motion and hearing, order the cessation of reasonable 
        efforts if the court finds that provision of services or further 
        services for the purpose of rehabilitation and reunification is 
        futile and therefore unreasonable under the circumstances.  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 are 
        not required if the court determines that: 
           (1) a termination of parental rights petition has been 
        filed stating a prima facie case that the parent has subjected 
        the child to egregious harm as defined in section 260.015, 
        subdivision 29, or the parental rights of the parent to a 
        sibling have been terminated involuntarily; or 
           (2) a determination not to proceed with a termination of 
        parental rights petition on these grounds was made under section 
        260.221, subdivision 1b, paragraph (b), and a permanency hearing 
        is held within 30 days of the determination. 
        In the case of an Indian child, in proceedings under sections 
        260.172, 260.191, and 260.221 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 service 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.  Services 
        may include those listed under section 256F.07, subdivision 3, 
        and other appropriate services available in the community.  The 
        social service 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.  Reunification of a surviving child with a parent 
        is not required if the parent has been convicted of: 
           (1) a violation of, or an attempt or conspiracy to commit a 
        violation of, sections 609.185 to 609.20; 609.222, subdivision 
        2; or 609.223 in regard to another child of the parent; 
           (2) a violation of section 609.222, subdivision 2; or 
        609.223, in regard to the surviving child; or 
           (3) a violation of, or an attempt or conspiracy to commit a 
        violation of, United States Code, title 18, section 1111(a) or 
        1112(a), in regard to another child of the parent. 
           (c) The juvenile court, in proceedings under sections 
        260.172, 260.191, and 260.221 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 to be inconsistent with the 
        permanency plan for the child, reasonable efforts must be made 
        to place the child in a timely manner in accordance with the 
        permanency plan and to complete whatever steps are necessary to 
        finalize the permanency 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).  
           Sec. 25.  Minnesota Statutes 1997 Supplement, section 
        260.015, subdivision 2a, is amended to read: 
           Subd. 2a.  [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 24, (iii) resides with or would 
        reside with a perpetrator of domestic child abuse or child abuse 
        as defined in subdivision 28, or (iv) is a victim of emotional 
        maltreatment as defined in subdivision 5a; 
           (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; 
           (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; 
           (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; 
           (10) (12) has committed a delinquent act before becoming 
        ten years old; 
           (11) (13) is a runaway; 
           (12) (14) is an habitual truant; 
           (13) (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 260.125, an extended jurisdiction 
        juvenile prosecution, or a proceeding involving a juvenile petty 
        offense; 
           (14) (16) is one whose custodial parent's parental rights 
        to another child have been involuntarily terminated within the 
        past five years; or 
           (15) (17) 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. 26.  Minnesota Statutes 1997 Supplement, section 
        260.015, subdivision 29, is amended to read: 
           Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
        infliction of bodily harm to a child or neglect of a child which 
        demonstrates a grossly inadequate ability to provide minimally 
        adequate parental care.  The egregious harm need not have 
        occurred in the state or in the county where a termination of 
        parental rights action is otherwise properly venued.  Egregious 
        harm includes, but is not limited to: 
           (1) conduct towards a child that constitutes a violation of 
        sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
        any other similar law of any other state; 
           (2) the infliction of "substantial bodily harm" to a child, 
        as defined in section 609.02, subdivision 8; 
           (3) conduct towards a child that constitutes felony 
        malicious punishment of a child under section 609.377; 
           (4) conduct towards a child that constitutes felony 
        unreasonable restraint of a child under section 609.255, 
        subdivision 3; 
           (5) conduct towards a child that constitutes felony neglect 
        or endangerment of a child under section 609.378; 
           (6) conduct towards a child that constitutes assault under 
        section 609.221, 609.222, or 609.223; 
           (7) conduct towards a child that constitutes solicitation, 
        inducement, or promotion of prostitution under section 609.322; 
           (8) conduct towards a child that constitutes receiving 
        profit derived from prostitution under section 609.323; or 
           (9) conduct toward a child that constitutes a violation of 
        murder or voluntary manslaughter as defined by United States 
        Code, title 18, section 1111(a) or 1112(a); or 
           (10) conduct toward a child that constitutes aiding or 
        abetting, attempting, conspiring, or soliciting to commit a 
        murder or voluntary manslaughter that constitutes a violation of 
        United States Code, title 18, section 1111(a) or 1112(a). 
           Sec. 27.  Minnesota Statutes 1996, section 260.141, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 
        AND RELATIVES.] The foster parents, if any, of a child and any 
        preadoptive parent or relative providing care for the child must 
        be provided notice of and an opportunity to be heard in any 
        review or hearing to be held with respect to the child.  Any 
        other relative may also request, and must be granted, a notice 
        and the opportunity to be heard under this section.  This 
        subdivision does not require that a foster parent, preadoptive 
        parent, or relative providing care for the child be made a party 
        to a review or hearing solely on the basis of the notice and 
        opportunity to be heard.  
           Sec. 28.  Minnesota Statutes 1997 Supplement, section 
        260.161, subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
        otherwise provided in this section, and except for (a) Legal 
        records arising from proceedings or portions of proceedings that 
        are public under section 260.155, subdivision 1, are open to 
        public inspection. 
           (b) The following records from proceedings or portions of 
        proceedings involving a child in need of protection or services 
        that are open to the public as authorized by supreme court order 
        and court rules are accessible to the public unless the court 
        determines that access should be restricted because of the 
        personal nature of the information: 
           (1) the summons and petition; 
           (2) affidavits of publication and service; 
           (3) certificates of representation; 
           (4) court orders; 
           (5) hearing and trial notices, witness lists, and 
        subpoenas; 
           (6) motions and legal memoranda; 
           (7) exhibits introduced at hearings or trial that are not 
        inaccessible under paragraph (c); and 
           (8) birth certificates.  
           (c) The following records are not accessible to the public 
        under paragraph (b): 
           (1) written, audiotaped, or videotaped information from the 
        social service agency, except to the extent the information 
        appears in the petition, court orders, or other documents that 
        are accessible under paragraph (b); 
           (2) child protection intake or screening notes; 
           (3) documents identifying reporters of maltreatment, unless 
        the names and other identifying information are redacted; 
           (4) guardian ad litem reports; 
           (5) victim statements and addresses and telephone numbers; 
           (6) documents identifying nonparty witnesses under the age 
        of 18, unless the names and other identifying information are 
        redacted; 
           (7) transcripts of testimony taken during closed hearing; 
           (8) fingerprinting materials; 
           (9) psychological, psychiatric, and chemical dependency 
        evaluations; 
           (10) presentence evaluations of juveniles and probation 
        reports; 
           (11) medical records and test results; 
           (12) reports issued by sexual predator programs; 
           (13) diversion records of juveniles; 
           (14) any document which the court, upon its own motion or 
        upon motion of a party, orders inaccessible to serve the best 
        interests of the child; and 
           (15) any other records that are not accessible to the 
        public under rules developed by the courts. 
           In addition, records that are accessible to the public 
        under paragraph (b) become inaccessible to the public if one 
        year has elapsed since either the proceeding was dismissed or 
        the court's jurisdiction over the matter was terminated. 
           (d) Except as otherwise provided by this section, none of 
        the records of the juvenile court and none of the records 
        relating to an appeal from a nonpublic juvenile court 
        proceeding, except the written appellate opinion, shall be open 
        to public inspection or their contents disclosed except (a) by 
        order of a court, (b) as required by sections 245A.04, 611A.03, 
        611A.04, 611A.06, and 629.73, or (c) the name of a juvenile who 
        is the subject of a delinquency petition shall be released to 
        the victim of the alleged delinquent act upon the victim's 
        request; unless it reasonably appears that the request is 
        prompted by a desire on the part of the requester to engage in 
        unlawful activities.  The records of juvenile probation officers 
        and county home schools are records of the court for the 
        purposes of this subdivision.  Court services data relating to 
        delinquent acts that are contained in records of the juvenile 
        court may be released as allowed under section 13.84, 
        subdivision 5a.  This subdivision applies to all proceedings 
        under this chapter, including appeals from orders of the 
        juvenile court, except that this subdivision does not apply to 
        proceedings under section 260.255, 260.261, or 260.315 when the 
        proceeding involves an adult defendant.  The court shall 
        maintain the confidentiality of adoption files and records in 
        accordance with the provisions of laws relating to adoptions.  
        In juvenile court proceedings any report or social history 
        furnished to the court shall be open to inspection by the 
        attorneys of record and the guardian ad litem a reasonable time 
        before it is used in connection with any proceeding before the 
        court. 
           (e) When a judge of a juvenile court, or duly authorized 
        agent of the court, determines under a proceeding under this 
        chapter that a child has violated a state or local law, 
        ordinance, or regulation pertaining to the operation of a motor 
        vehicle on streets and highways, except parking violations, the 
        judge or agent shall immediately report the violation to the 
        commissioner of public safety.  The report must be made on a 
        form provided by the department of public safety and must 
        contain the information required under section 169.95. 
           Sec. 29.  Minnesota Statutes 1996, section 260.172, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
        a child was taken into custody under section 260.165, 
        subdivision 1, clause (a) or (c)(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) In all other cases, the court shall hold a detention 
        hearing: 
           (1) within 36 hours of the time the child was taken into 
        custody, excluding Saturdays, Sundays, and holidays, if the 
        child is being held at a juvenile secure detention facility or 
        shelter care facility; or 
           (2) within 24 hours of the time the child was taken into 
        custody, excluding Saturdays, Sundays, and holidays, if the 
        child is being held at an adult jail or municipal lockup.  
           (c) 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 260.151, 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, 
        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. 
           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. 
           The court may determine at the detention hearing, or at any 
        time prior to an adjudicatory hearing, that reasonable efforts 
        are not required because the facts, if proved, will demonstrate 
        that the parent has subjected the child to egregious harm as 
        defined in section 260.015, subdivision 29, or the parental 
        rights of the parent to a sibling of the child have been 
        terminated involuntarily.  
           Sec. 30.  Minnesota Statutes 1997 Supplement, section 
        260.191, 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 social services agency or child-placing agency in the 
        child's own home under conditions prescribed by the court 
        directed to the correction of the child's need for protection or 
        services; 
           (2) transfer legal custody to one of the following: 
           (i) a child-placing agency; or 
           (ii) the local social services agency. 
           In placing a child whose custody has been transferred under 
        this paragraph, the agencies shall follow the order of 
        preference stated in section 260.181, subdivision 3; 
           (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. 
           Sec. 31.  Minnesota Statutes 1997 Supplement, section 
        260.191, subdivision 1a, is amended to read: 
           Subd. 1a.  [WRITTEN FINDINGS.] Any order for a disposition 
        authorized under this section shall contain written findings of 
        fact to support the disposition ordered, and shall also set 
        forth in writing the following information: 
           (a) Why the best interests of the child are served by the 
        disposition ordered; 
           (b) What alternative dispositions were considered by the 
        court and why such dispositions were not appropriate in the 
        instant case; 
           (c) How the court's disposition complies with the 
        requirements of section 260.181, subdivision 3; and 
           (d) 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 260.172, subdivision 1. 
           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. 
           Sec. 32.  Minnesota Statutes 1997 Supplement, section 
        260.191, subdivision 3a, is amended to read: 
           Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
        the court places a child in a residential facility, as defined 
        in section 257.071, subdivision 1, the court shall review the 
        out-of-home placement at least every six months to determine 
        whether continued out-of-home placement is necessary and 
        appropriate or whether the child should be returned home.  The 
        court shall review agency efforts pursuant to section 257.072, 
        subdivision 1, and order that the efforts continue if the agency 
        has failed to perform the duties under that section.  The court 
        shall review the case plan and may modify the case plan as 
        provided under subdivisions 1e and 2.  If the court orders 
        continued out-of-home placement, the court shall notify the 
        parents of the provisions of subdivision 3b. 
           (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 this paragraph to 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, any adult who has 
        maintained a relationship or exercised visitation with the child 
        as identified in the agency case plan for the child or 
        demonstrated an interest in the child, and any relative who has 
        provided a current address to the local social service agency.  
        This notice must not be provided to a parent whose parental 
        rights to the child have been terminated under section 260.221, 
        subdivision 1.  The notice must state that a permanent home is 
        sought for the child and that individuals receiving the notice 
        may indicate to the agency within 30 days their interest in 
        providing a permanent home section 257.071, subdivision 1d, 
        paragraph (b), or may modify the requirements of the agency 
        under section 257.071, subdivision 1d, paragraph (b), or may 
        completely relieve the responsible social service agency of the 
        requirements of section 257.071, subdivision 1d, 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. 33.  Minnesota Statutes 1997 Supplement, section 
        260.191, subdivision 3b, is amended to read: 
           Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
        PLACEMENT DETERMINATION.] (a) 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 the first court-approved 
        placement under section 257.071, subdivision 3, of a child who 
        had been in voluntary placement 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 in connection with one or 
        more prior petitions for a child in need of protection or 
        services, the lengths of all prior time periods when the child 
        was placed out of the home within the previous five years and 
        under the current petition, 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, 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) Not later than ten days prior to this hearing, the 
        responsible social service agency shall file pleadings to 
        establish the basis for the permanent placement determination.  
        Notice of the hearing and copies of the pleadings must be 
        provided pursuant to section 260.141.  If a termination of 
        parental rights petition is filed before the date required for 
        the permanency planning determination, no hearing need be 
        conducted under this subdivision.  The court shall determine 
        whether the child is to be returned home or, if not, what 
        permanent placement is consistent with the child's best 
        interests.  The "best interests of the child" means all relevant 
        factors to be considered and evaluated. 
           (c) 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 service 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 260.221 do not 
        exist; or 
           (3) the permanent plan for the child is transfer of 
        permanent legal and physical custody to a relative. 
           (d) If the child is not returned to the home, the 
        dispositions available for permanent placement determination are:
           (1) permanent legal and physical custody to a relative in 
        the best interests of the child.  In transferring permanent 
        legal and physical custody to a relative, the juvenile court 
        shall follow the standards and procedures applicable under 
        chapter 257 or 518.  An order establishing permanent legal or 
        physical custody under this subdivision must be filed with the 
        family court.  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.  The 
        social service agency may petition on behalf of the proposed 
        custodian; 
           (2) termination of parental rights and adoption; the social 
        service agency shall file a petition for termination of parental 
        rights under section 260.231 and all the requirements of 
        sections 260.221 to 260.245 remain applicable.  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.  The court may order a child into long-term foster 
        care only if it finds that neither an award of legal and 
        physical custody to a relative, nor termination of parental 
        rights nor adoption is in the child's best interests.  Further, 
        the court may only order long-term foster care for the child 
        under this section if it finds the following: 
           (i) the child has reached age 12 and reasonable efforts by 
        the responsible social service agency have failed to locate an 
        adoptive family for the child; or 
           (ii) the child is a sibling of a child described in clause 
        (i) 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 may be 
        ordered only if: 
           (i) the sole basis for an adjudication that a child is in 
        need of protection or services is that the child is a runaway, 
        is an habitual truant, or committed a delinquent act before age 
        ten; and 
           (ii) the court finds that foster care for a specified 
        period of time is in the best interests of the child. 
           (d) (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. 
           (e) (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 the 
        placement is made under paragraph (c) (d), clause (4), review is 
        otherwise required by federal law, an adoption has not yet been 
        finalized, or there is a disruption of the permanent or 
        long-term placement.  
           (f) (g) 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; 
           (4) whether the conditions which led to the out-of-home 
        placement have been corrected so that the child can return home; 
        and 
           (5) if the child cannot be returned home, whether there is 
        a substantial probability of the child being able to return home 
        in the next six months.  
           (g) (h) An order for permanent legal and physical custody 
        of a child may be modified under sections 518.18 and 518.185.  
        The social service agency is a party to the proceeding and must 
        receive notice.  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. 
           Sec. 34.  Minnesota Statutes 1996, section 260.221, as 
        amended by Laws 1997, chapters 218, sections 10 and 11, and 239, 
        article 6, section 30, is amended to read: 
           260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.] 
           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; or 
           (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 reasonable efforts by the social service agency have 
        failed to correct the conditions that formed the basis of the 
        petition; or 
           (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; or 
           (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: 
           (i) the child was adjudicated in need of protection or 
        services due to circumstances described in section 260.015, 
        subdivision 2a, clause (1), (2), (3), (5), or (8); and 
           (ii) the parent's parental rights to one or more other 
        children were involuntarily terminated under clause (1), (2), 
        (4), or (7), or under clause (5) if the child was initially 
        determined to be in need of protection or services due to 
        circumstances described in section 260.015, subdivision 2a, 
        clause (1), (2), (3), (5), or (8); or 
           (5) that following upon a determination of neglect or 
        dependency, or of a child's need for protection or services, 
        reasonable efforts, under the direction of the court, have 
        failed to correct the conditions leading to the determination.  
        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 more than one year within 
        a five-year period following an adjudication of dependency, 
        neglect, need for protection or services under section 260.015, 
        subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
        neglected and in foster care, and an order for disposition under 
        section 260.191, including adoption of the case plan required by 
        section 257.071; 
           (ii) conditions leading to the determination will not be 
        corrected within the reasonably foreseeable future.  It is 
        presumed that conditions leading to a child's out-of-home 
        placement will not be corrected in the reasonably foreseeable 
        future upon a showing that the parent or parents have not 
        substantially complied with the court's orders and a reasonable 
        case plan, and the conditions which led to the out-of-home 
        placement have not been corrected; and 
           (iii) reasonable efforts have been made by the social 
        service agency to rehabilitate the parent and reunite the family.
           This clause does not prohibit the termination of parental 
        rights prior to one year 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: 
           (i) the parent has been diagnosed as chemically dependent 
        by a professional certified to make the diagnosis; 
           (ii) the parent has been required by a case plan to 
        participate in a chemical dependency treatment program; 
           (iii) the treatment programs offered to the parent were 
        culturally, linguistically, and clinically appropriate; 
           (iv) 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 
           (v) the parent continues to abuse chemicals.  
        Provided, that this presumption applies only to parents required 
        by a case plan to participate in a chemical dependency treatment 
        program on or after July 1, 1990; or 
           (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; or 
           (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 putative fathers' adoption registry 
        under section 259.52; or 
           (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 
        257.35 to 257.3579 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. 
           Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
        subdivision 1, paragraph (b), clause (1): 
           (a) Abandonment is presumed when: 
           (1) the parent has had no contact with the child on a 
        regular basis and not demonstrated consistent interest in the 
        child's well-being for six months; and 
           (2) the social service agency has made reasonable efforts 
        to facilitate contact, unless the parent establishes that an 
        extreme financial or physical hardship or treatment for mental 
        disability or chemical dependency or other good cause prevented 
        the parent from making contact with the child.  This presumption 
        does not apply to children whose custody has been determined 
        under chapter 257 or 518.  The court is not prohibited from 
        finding abandonment in the absence of this presumption; or 
           (2) the child is under two years of age and has been 
        deserted by the parent under circumstances that show an intent 
        not to return to care for the child. 
           The court is not prohibited from finding abandonment in the 
        absence of the presumptions in clauses (1) and (2). 
           (b) The following are prima facie evidence of abandonment 
        where adoption proceedings are pending and there has been a 
        showing that the person was not entitled to notice of an 
        adoption proceeding under section 259.49: 
           (1) failure to register with the putative fathers' adoption 
        registry under section 259.52; or 
           (2) if the person registered with the putative fathers' 
        adoption registry under section 259.52: 
           (i) filing a denial of paternity within 30 days of receipt 
        of notice under section 259.52, subdivision 8; 
           (ii) failing to timely file an intent to claim parental 
        rights with entry of appearance form within 30 days of receipt 
        of notice under section 259.52, subdivision 10; or 
           (iii) timely filing an intent to claim parental rights with 
        entry of appearance form within 30 days of receipt of notice 
        under section 259.52, subdivision 10, but failing to initiate a 
        paternity action within 30 days of receiving the putative 
        fathers' adoption registry notice where there has been no 
        showing of good cause for the delay. 
           Subd. 1b.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 
        The county attorney shall file a termination of parental rights 
        petition within 30 days of a child's placement in out-of-home 
        care if the child has been subjected to egregious harm as 
        defined in section 260.015, subdivision 29, is the sibling of 
        another child of the parent who was subjected to egregious harm, 
        or is an abandoned infant as defined in subdivision 1a, 
        paragraph (a), clause (2).  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 its determination that a 
        transfer of permanent legal and physical custody to a relative 
        is in the best interests of the child or there is a compelling 
        reason documented by the local social services agency that 
        filing the petition would not be in the best interests of the 
        child. 
           Subd. 1c.  [CURRENT FOSTER CARE CHILDREN.] The county 
        attorney shall file a termination of parental rights petition or 
        other permanent placement proceeding under section 260.191, 
        subdivision 3b, for all children determined to be in need of 
        protection or services 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 the day following final 
        enactment of this section, and have been in out-of-home care for 
        15 of the most recent 22 months.  
           Subd. 2.  [ADOPTIVE PARENT.] For purposes of subdivision 1, 
        clause (a), an adoptive parent may not terminate parental rights 
        to an adopted child for a reason that would not apply to a birth 
        parent seeking termination of parental rights to a child under 
        subdivision 1, clause (a). 
           Subd. 3.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
        subdivision 1, clause (b), no prior judicial finding of 
        dependency, neglect, need for protection or services, or 
        neglected and in foster care is required, except as provided in 
        subdivision 1, clause (b), item (5). 
           Subd. 4.  [BEST INTERESTS OF CHILD PARAMOUNT.] In any 
        proceeding under this section, the best interests of the child 
        must be the paramount consideration, provided that the 
        conditions in subdivision 1, clause (a), or at least one 
        condition in subdivision 1, clause (b), are found by the court.  
        In proceedings involving an American Indian child, as defined in 
        section 257.351, subdivision 6, the best interests of the child 
        must be determined consistent with the Indian Child Welfare Act 
        of 1978, United States Code, title 25, section 1901, et seq.  
        Where the interests of parent and child conflict, the interests 
        of the child are paramount.  
           Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
        proceeding under this section, the court shall make specific 
        findings: 
           (1) regarding the nature and extent of efforts made by the 
        social service agency to rehabilitate the parent and reunite the 
        family; 
           (2) that provision of services or further services for the 
        purpose of rehabilitation and reunification is futile and 
        therefore unreasonable under the circumstances; or 
           (3) that reasonable efforts at reunification is are not 
        required because the parent has been convicted of a crime listed 
        in section 260.012, paragraph (b), clauses (1) to (3) as 
        provided under section 260.012. 
           Sec. 35.  Minnesota Statutes 1997 Supplement, section 
        260.241, 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) The court shall retain jurisdiction in a case where 
        long-term foster care is the permanent disposition.  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. 
           Sec. 36.  Minnesota Statutes 1996, section 626.556, is 
        amended by adding a subdivision to read: 
           Subd. 11d.  [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY 
        CASES.] (a) The definitions in this paragraph apply to this 
        section. 
           (1) "Child fatality" means the death of a child from 
        suspected abuse, neglect, or maltreatment. 
           (2) "Near fatality" means a case in which a physician 
        determines that a child is in serious or critical condition as 
        the result of sickness or injury caused by suspected abuse, 
        neglect, or maltreatment. 
           (3) "Findings and information" means a written summary 
        described in paragraph (c) of actions taken or services rendered 
        by a local social services agency following receipt of a report. 
           (b) Notwithstanding any other provision of law and subject 
        to this subdivision, a public agency shall disclose to the 
        public, upon request, the findings and information related to a 
        child fatality or near fatality if: 
           (1) a person is criminally charged with having caused the 
        child fatality or near fatality; or 
           (2) a county attorney certifies that a person would have 
        been charged with having caused the child fatality or near 
        fatality but for that person's death. 
           (c) Findings and information disclosed under this 
        subdivision consist of a written summary that includes any of 
        the following information the agency is able to provide: 
           (1) the dates, outcomes, and results of any actions taken 
        or services rendered; 
           (2) the results of any review of the state child mortality 
        review panel, a local child mortality review panel, a local 
        community child protection team, or any public agency; and 
           (3) confirmation of the receipt of all reports, accepted or 
        not accepted, by the local welfare agency for assessment of 
        suspected child abuse, neglect, or maltreatment, including 
        confirmation that investigations were conducted, the results of 
        the investigations, a description of the conduct of the most 
        recent investigation and the services rendered, and a statement 
        of the basis for the agency's determination. 
           (d) Nothing in this subdivision authorizes access to the 
        private data in the custody of a local social services agency, 
        or the disclosure to the public of the records or content of any 
        psychiatric, psychological, or therapeutic evaluations, or the 
        disclosure of information that would reveal the identities of 
        persons who provided information related to suspected abuse, 
        neglect, or maltreatment of the child. 
           (e) A person whose request is denied may apply to the 
        appropriate court for an order compelling disclosure of all or 
        part of the findings and information of the public agency.  The 
        application must set forth, with reasonable particularity, 
        factors supporting the application.  The court has jurisdiction 
        to issue these orders.  Actions under this section must be set 
        down for immediate hearing, and subsequent proceedings in those 
        actions must be given priority by the appellate courts.  
           (f) A public agency or its employees acting in good faith 
        in disclosing or declining to disclose information under this 
        section are immune from criminal or civil liability that might 
        otherwise be incurred or imposed for that action. 
           Sec. 37.  [INCONSISTENT AMENDMENTS.] 
           The amendments to Minnesota Statutes in this article 
        prevail over any inconsistent amendments to the same statutes 
        contained in 1998 S.F. No. 3346, if enacted. 
           Sec. 38.  [EFFECTIVE DATE.] 
           This article is effective the day following final 
        enactment, except that: 
           (1) sections 11 and 32 are effective July 1, 1998; 
           (2) section 20 is effective retroactive to July 1, 1997, 
        and applies to communication or contact agreements entered into 
        on or after that date; and 
           (3) section 30 and the provisions of section 33, paragraphs 
        (a) and (c), that apply to children under eight years of age, 
        are effective July 1, 1999. 
           The amendments to Minnesota Statutes 1997 Supplement, 
        section 260.191, subdivision 1; and the amendments to Minnesota 
        Statutes 1997 Supplement, section 260.191, subdivision 3b, 
        paragraphs (a) and (c), relating to children under eight years 
        of age, that are contained in 1998 S.F. No. 3346, if enacted, 
        are effective July 1, 1999. 
                                   ARTICLE 2 
                         CONCURRENT PERMANENCY PLANNING
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        256F.05, subdivision 8, is amended to read: 
           Subd. 8.  [USES OF FAMILY PRESERVATION FUND GRANTS.] (a) A 
        county which has not demonstrated that year that its family 
        preservation core services are developed as provided in 
        subdivision 1a, must use its family preservation fund grant 
        exclusively for family preservation services defined in section 
        256F.03, subdivision 5, paragraphs (a), (b), (c), and (e). 
           (b) A county which has demonstrated that year that its 
        family preservation core services are developed becomes eligible 
        either to continue using its family preservation fund grant as 
        provided in paragraph (a), or to exercise the expanded service 
        option under paragraph (c). 
           (c) The expanded service option permits an eligible county 
        to use its family preservation fund grant for child welfare 
        preventive services.  For purposes of this section, child 
        welfare preventive services are those services directed toward a 
        specific child or family that further the goals of section 
        256F.01 and include assessments, family preservation services, 
        service coordination, community-based treatment, crisis nursery 
        services when the parents retain custody and there is no 
        voluntary placement agreement with a child-placing agency, 
        respite care except when it is provided under a medical 
        assistance waiver, home-based services, and other related 
        services.  For purposes of this section, child welfare 
        preventive services shall not include shelter care or other 
        placement services under the authority of the court or public 
        agency to address an emergency.  To exercise this option, an 
        eligible county must notify the commissioner in writing of its 
        intention to do so no later than 30 days into the quarter during 
        which it intends to begin or in its county plan, as provided in 
        section 256F.04, subdivision 2.  Effective with the first day of 
        that quarter, the county must maintain its base level of 
        expenditures for child welfare preventive services and use the 
        family preservation fund to expand them.  The base level of 
        expenditures for a county shall be that established under 
        section 256F.10, subdivision 7.  For counties which have no such 
        base established, a comparable base shall be established with 
        the base year being the calendar year ending at least two 
        calendar quarters before the first calendar quarter in which the 
        county exercises its expanded service option.  The commissioner 
        shall, at the request of the counties, reduce, suspend, or 
        eliminate either or both of a county's obligations to continue 
        the base level of expenditures and to expand child welfare 
        preventive services under extraordinary circumstances.  
           (d) Notwithstanding paragraph (a), a county that is 
        participating in the concurrent permanency planning program 
        under section 257.0711 may use its family preservation fund 
        grant for that program. 
           Sec. 2.  [257.0711] [CONCURRENT PERMANENCY PLANNING.] 
           Subdivision 1.  [PROGRAM; GOALS.] (a) The commissioner of 
        human services shall establish a program for concurrent 
        permanency planning for child protection services.  
           (b) Concurrent permanency planning involves a planning 
        process for children who are placed out of the home of their 
        parents pursuant to a court order, or who have been voluntarily 
        placed out of the home by the parents for 60 days or more and 
        who are not developmentally disabled or emotionally handicapped 
        under section 257.071, subdivision 4.  The local social service 
        agency shall develop an alternative permanency plan while making 
        reasonable efforts for reunification of the child with the 
        family, if required by section 260.012.  The goals of concurrent 
        permanency planning are to: 
           (1) achieve early permanency for children; 
           (2) decrease children's length of stay in foster care and 
        reduce the number of moves children experience in foster care; 
        and 
           (3) develop a group of families who will work towards 
        reunification and also serve as permanent families for children. 
           Subd. 2.  [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The 
        commissioner shall establish guidelines and protocols for social 
        service agencies involved in concurrent permanency planning, 
        including criteria for conducting concurrent permanency planning 
        based on relevant factors such as: 
           (1) age of the child and duration of out-of-home placement; 
           (2) prognosis for successful reunification with parents; 
           (3) availability of relatives and other concerned 
        individuals to provide support or a permanent placement for the 
        child; and 
           (4) special needs of the child and other factors affecting 
        the child's best interests. 
           In developing the guidelines and protocols, the 
        commissioner shall consult with interest groups within the child 
        protection system, including child protection workers, child 
        protection advocates, county attorneys, law enforcement, 
        community service organizations, the councils of color, and the 
        ombudsperson for families. 
           Subd. 3.  [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent 
        permanency planning programs must include involvement of parents 
        and full disclosure of their rights and responsibilities; goals 
        of concurrent permanency planning; support services that are 
        available for families; permanency options; and the consequences 
        of not complying with case plans. 
           Subd. 4.  [TECHNICAL ASSISTANCE.] The commissioner of human 
        services shall provide ongoing technical assistance, support, 
        and training for local social service agencies and other 
        individuals and agencies involved in concurrent permanency 
        planning. 
           Subd. 5.  [AVAILABILITY OF FUNDING.] The requirements of 
        this section relating to concurrent permanency planning are 
        effective only for state fiscal years when aid is distributed 
        under section 256F.05 for concurrent permanency planning. 
           Sec. 3.  [EVALUATION AND REPORT.] 
           The commissioner shall develop a detailed plan for 
        evaluating concurrent permanency planning programs, based on 
        identifiable goals and factors, including those specified in 
        section 1, subdivision 1.  The plan must also include an 
        evaluation of the fiscal impact of concurrent planning, 
        including the effect on costs of out-of-home placement.  The 
        evaluation must incorporate input and recommendations from 
        counties.  By January 15, 2001, the commissioner shall report to 
        the appropriate committees in the legislature on the operation 
        of the concurrent planning programs and the results of the 
        evaluation under this section. 
           Sec. 4.  [INCONSISTENT AMENDMENTS.] 
           The amendment to Minnesota Statutes 1997 Supplement, 
        section 256F.05, subdivision 8, contained in section 1, prevails 
        over the amendment to Minnesota Statutes 1997 Supplement, 
        section 256F.05, subdivision 8, contained in 1998 S.F. No. 3346, 
        if enacted. 
                                   ARTICLE 3 
                          CHILD WELFARE SERVICES PLAN 
           Section 1.  [CHILD WELFARE SERVICES PLAN.] 
           By January 15, 1999, the commissioner of human services 
        shall submit to the legislature a statewide plan for child 
        welfare services consistent with the five-year comprehensive 
        child and family services plan required for title IV-B, 1 and 2 
        of the Social Security Act.  The plan must establish statewide 
        and county-specific performance targets for improved outcomes 
        for the safety, permanency, and well-being of children and 
        families and reform of the service delivery system.  The plan 
        must set prioritized goals and measurable objectives for a child 
        and family service continuum that includes family support and 
        family preservation services; child welfare services such as 
        child abuse and neglect prevention, intervention, and treatment 
        services; and services to support reunification, adoption, 
        kinship care, foster care, independent living, or other 
        permanent living arrangement.  The plan should set baseline 
        measures and timetables for accomplishment of the goals and 
        include specific legislative, budget, or administrative 
        recommendations necessary to implement the plan.  The 
        commissioner should incorporate in the plan baseline data from 
        the semiannual report on children in out-of-home placement 
        required under Minnesota Statutes, section 257.0725, and other 
        data sources related to child welfare services including social 
        service information. 
           The commissioner of human services shall also submit to the 
        legislature by January 15 of each year a copy of the annual 
        progress and service report of its child and family services 
        plan required by the federal government for child welfare 
        services under title IV-B, 1 and 2 of the Social Security Act.  
        The document will report on specific accomplishments made in 
        meeting the prior year's goals and objectives and describe 
        proposed revisions in the plan's goals, objectives, and training 
        plan. 
           The commissioner of human services shall make these plans 
        available for public distribution by placing a notice of their 
        availability in the State Register no later than ten days 
        following the date of their submission. 
                                   ARTICLE 4 
                           CHILD PROTECTIVE SERVICES
           Section 1.  Minnesota Statutes 1996, section 260.191, 
        subdivision 1e, is amended to read: 
           Subd. 1e.  [CASE PLAN.] For each disposition ordered, the 
        court shall order the appropriate agency to prepare a written 
        case plan 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 257.071, 
        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 260.181, subdivision 3, 
        during any period when the child is placed outside the home; and 
           (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. 
           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. 2.  Minnesota Statutes 1996, 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 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.  
           (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. 
           (c) Authority of the local welfare agency responsible for 
        assessing the child abuse or neglect 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 
        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.  Until that time, the local welfare or law 
        enforcement agency 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, the ombudsman for mental health and 
        mental retardation, the local welfare agencies responsible for 
        investigating reports, 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 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 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 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. 
           Nothing in this paragraph precludes the local welfare 
        agency 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 during the course of 
        the assessment or investigation are private data on individuals 
        and must be maintained in accordance with subdivision 11. 
           (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. 
           Sec. 3.  Minnesota Statutes 1997 Supplement, 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.  When maltreatment is determined in an 
        investigation involving a facility, the investigating agency 
        shall also determine whether the facility or individual was 
        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. 
           (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. 
           (e) The commissioner shall work with the maltreatment of 
        minors advisory committee established under Laws 1997, chapter 
        203, to make recommendations to further specify the kinds of 
        acts or omissions that constitute physical abuse, neglect, 
        sexual abuse, or mental injury.  The commissioner shall submit 
        the recommendation and any legislation needed by January 15, 
        1999.  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. 4.  Minnesota Statutes 1996, section 626.556, is 
        amended by adding a subdivision to read: 
           Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
        local social service or child protection agency 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.  
        The commissioner shall consult with the maltreatment of minors 
        advisory committee to develop criteria for determining which 
        records may be shared with mandated reporters under this 
        subdivision.  
           Sec. 5.  Minnesota Statutes 1996, section 626.556, is 
        amended by adding a subdivision to read: 
           Subd. 10k.  [RELEASE OF CERTAIN INVESTIGATIVE RECORDS TO 
        OTHER COUNTIES.] Records maintained under subdivision 11c, 
        paragraph (a), may be shared with another local welfare agency 
        that requests the information because it is conducting an 
        investigation under this section of the subject of the records. 
           Sec. 6.  Minnesota Statutes 1997 Supplement, section 
        626.556, subdivision 11c, is amended to read: 
           Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
        RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
        138.17, records maintained or records derived from reports of 
        abuse by local welfare agencies, court services agencies, or 
        schools under this section shall be destroyed as provided in 
        paragraphs (a) to (d) by the responsible authority. 
           (a) If upon assessment or investigation there is no 
        determination of maltreatment or the need for child protective 
        services, the records may must be maintained for a period of 
        four years.  After the individual alleged to have maltreated a 
        child is notified under subdivision 10f of the determinations at 
        the conclusion of the assessment or investigation, upon that 
        individual's request, records shall be destroyed within 30 days 
        or after the appeal rights under subdivision 10i have been 
        concluded, whichever is later.  Records under this paragraph may 
        not be used for employment, background checks, or purposes other 
        than to assist in future risk and safety assessments. 
           (b) All records relating to reports which, upon assessment 
        or investigation, indicate either maltreatment or a need for 
        child protective services shall be maintained for at least ten 
        years after the date of the final entry in the case record. 
           (c) All records regarding a report of maltreatment, 
        including any notification of intent to interview which was 
        received by a school under subdivision 10, paragraph (d), shall 
        be destroyed by the school when ordered to do so by the agency 
        conducting the assessment or investigation.  The agency shall 
        order the destruction of the notification when other records 
        relating to the report under investigation or assessment are 
        destroyed under this subdivision. 
           (d) Private or confidential data released to a court 
        services agency under subdivision 10h must be destroyed by the 
        court services agency when ordered to do so by the local welfare 
        agency that released the data.  The local welfare agency shall 
        order destruction of the data when other records relating to the 
        assessment or investigation are destroyed under this subdivision.
           Sec. 7.  Minnesota Statutes 1996, section 626.556, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [AUDITING.] The commissioner of human services 
        shall regularly audit for accuracy the data reported by counties 
        on maltreatment of minors. 
           Sec. 8.  [RISK ASSESSMENT; PERFORMANCE MEASURES; EXTERNAL 
        REVIEW.] 
           Subdivision 1.  [RISK ASSESSMENT ALTERNATIVES.] 
        Notwithstanding any rule to the contrary, the commissioner of 
        human services may authorize local welfare agencies to research 
        and conduct pilot projects for alternative methods of child 
        protection risk assessment.  The commissioner shall give 
        priority to the establishment of at least one pilot project that 
        includes a study of domestic abuse and violence in the home as a 
        risk factor for children.  The commissioner shall report to the 
        appropriate committees in the house of representatives and the 
        senate on the outcomes of research and risk assessment pilot 
        projects by January 15, 2000. 
           Subd. 2.  [PERFORMANCE MEASUREMENT.] (a) The commissioner 
        of human services shall establish a task force of county and 
        state officials to identify: 
           (1) statewide measures of the performance of child welfare 
        services, including, but not limited to, screening, early 
        intervention services, assessment, number, episodes, and length 
        of stay in out-of-home placement, permanency, and adoption, and 
        steps needed to collect reliable information on these measures; 
        and 
           (2) potentially useful practices that individual counties 
        could use to monitor and evaluate child welfare services. 
           (b) The task force shall report its findings to the 
        commissioner by January 15, 1999.  The commissioner shall 
        recommend to appropriate committees of the legislature during 
        the 1999 regular session any legislative action required to 
        implement task force recommendations. 
           Subd. 3.  [COORDINATION OF CHILD WELFARE AND DOMESTIC ABUSE 
        SERVICES.] The commissioner of human services shall work with 
        the maltreatment of minors advisory committee established under 
        Laws 1997, chapter 203, to study and evaluate the opportunities 
        for coordination or integration of child welfare and domestic 
        abuse services for children and parents.  The commissioner shall 
        consult with consumers and child protection and domestic abuse 
        advocates.  The commissioner shall submit a report to the 
        legislature by January 15, 1999, that includes recommendations 
        for improving coordination between the domestic abuse and child 
        welfare systems for further integration of services. 
           Sec. 9.  [PLAN FOR EXTERNAL REVIEWS.] 
           By January 15, 1999, the commissioner of human services 
        shall present to the appropriate committees in the senate and 
        the house of representatives a plan for periodic external 
        reviews of: 
           (1) county compliance with state statutes and rules in the 
        area of child protection; and 
           (2) the appropriateness of decisions by county child 
        protection agencies in selected individual cases.  
           Nothing in section 8 or 9 prevents the commissioner from 
        developing and implementing performance measurement plans for 
        periodic reviews and best practices before January 15, 1999. 
                                   ARTICLE 5 
                               FUNDING ALLOCATION
           Section 1.  [ALLOCATION OF FAMILY PRESERVATION FUNDS.] 
           Of the $10,000,000 transferred for family preservation 
        program funding under 1998 S.F. No. 3346, if enacted, or other 
        legislation containing a similar funding transfer, $9,300,000 is 
        to be allocated to counties based on the family preservation 
        allocation formula in Minnesota Statutes, chapter 256F.  The 
        counties shall use the funds allocated under this section to 
        comply with the concurrent permanency planning requirements in 
        Minnesota Statutes, section 257.0711.  When a county is in 
        compliance with the concurrent permanency planning requirements, 
        the county may use any excess funding from the allocation for 
        other services under Minnesota Statutes, chapter 256F. 
           Of the amount transferred, $200,000 is to the commissioner 
        of human services for mediation training for relative care 
        conferencing under Minnesota Statutes, section 626.5565. 
           Of the amount transferred, $200,000 is to the commissioner 
        of human services for independent evaluation of the concurrent 
        permanency planning program under Minnesota Statutes, section 
        257.0711. 
           Of the amount transferred, $300,000 is for administrative 
        costs associated with developing the concurrent permanency 
        planning program and providing training, and for conducting 
        external reviews of county child protection practices related to 
        the provisions in article 4. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 20, 1998, 11:32 a.m.

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