1.1                          A bill for an act 
  1.2             relating to human services; changing provisions to 
  1.3             statutes related to child welfare; amending Minnesota 
  1.4             Statutes 1998, sections 144.1761, subdivision 1; 
  1.5             256.01, subdivision 2; 256B.094, subdivisions 3 and 6; 
  1.6             256F.03, subdivision 5; 256F.05, subdivision 8; 
  1.7             256F.10, subdivisions 1, 6, 7, 8, and 10; 257.071, 
  1.8             subdivisions 1, 1a, 1c, 1d, 1e, 3, and 4; 257.85, 
  1.9             subdivisions 2, 3, 4, 5, 6, 7, 9, and 11; 259.67, 
  1.10            subdivisions 6 and 7; 259.73; 259.85, subdivisions 2, 
  1.11            3, and 5; 259.89, by adding a subdivision; 260.011, 
  1.12            subdivision 2; 260.012; 260.015, subdivisions 2a, 13, 
  1.13            and 29; 260.131, subdivision 1a; 260.133, subdivisions 
  1.14            1 and 2; 260.135, by adding a subdivision; 260.172, 
  1.15            subdivision 1, and by adding a subdivision; 260.191, 
  1.16            subdivisions 1, 1a, 1b, and 3b; 260.192; 260.221, 
  1.17            subdivisions 1, 1a, 1b, 1c, 3, and 5; and 626.556, 
  1.18            subdivisions 2, 3, 4, 7, 10b, 10d, 10e, 10f, 10j, 11, 
  1.19            11b, and 11c; repealing Minnesota Statutes 1998, 
  1.20            section 257.071, subdivisions 8 and 10. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1998, section 144.1761, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [REQUEST.] (a) Whenever an adopted person 
  1.25  requests the state registrar to disclose the information on the 
  1.26  adopted person's original birth certificate, the state registrar 
  1.27  shall act in accordance with the provisions of section 259.89. 
  1.28     (b) The state registrar shall provide a copy of an adopted 
  1.29  person's original birth certificate to an authorized 
  1.30  representative of a federally recognized American Indian tribe 
  1.31  for the sole purpose of determining the adopted person's 
  1.32  eligibility for enrollment or membership.  Information contained 
  1.33  on the birth certificate may not be used to provide the adopted 
  2.1   person information about the person's birth parents except as 
  2.2   provided in this section or section 259.83. 
  2.3      Sec. 2.  Minnesota Statutes 1998, section 256.01, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
  2.6   section 241.021, subdivision 2, the commissioner of human 
  2.7   services shall: 
  2.8      (1) Administer and supervise all forms of public assistance 
  2.9   provided for by state law and other welfare activities or 
  2.10  services as are vested in the commissioner.  Administration and 
  2.11  supervision of human services activities or services includes, 
  2.12  but is not limited to, assuring timely and accurate distribution 
  2.13  of benefits, completeness of service, and quality program 
  2.14  management.  In addition to administering and supervising human 
  2.15  services activities vested by law in the department, the 
  2.16  commissioner shall have the authority to: 
  2.17     (a) require county agency participation in training and 
  2.18  technical assistance programs to promote compliance with 
  2.19  statutes, rules, federal laws, regulations, and policies 
  2.20  governing human services; 
  2.21     (b) monitor, on an ongoing basis, the performance of county 
  2.22  agencies in the operation and administration of human services, 
  2.23  enforce compliance with statutes, rules, federal laws, 
  2.24  regulations, and policies governing welfare services and promote 
  2.25  excellence of administration and program operation; 
  2.26     (c) develop a quality control program or other monitoring 
  2.27  program to review county performance and accuracy of benefit 
  2.28  determinations; 
  2.29     (d) require county agencies to make an adjustment to the 
  2.30  public assistance benefits issued to any individual consistent 
  2.31  with federal law and regulation and state law and rule and to 
  2.32  issue or recover benefits as appropriate; 
  2.33     (e) delay or deny payment of all or part of the state and 
  2.34  federal share of benefits and administrative reimbursement 
  2.35  according to the procedures set forth in section 256.017; 
  2.36     (f) make contracts with and grants to public and private 
  3.1   agencies and organizations, both profit and nonprofit, and 
  3.2   individuals, using appropriated funds; and 
  3.3      (g) enter into contractual agreements with federally 
  3.4   recognized Indian tribes with a reservation in Minnesota to the 
  3.5   extent necessary for the tribe to operate a federally approved 
  3.6   family assistance program or any other program under the 
  3.7   supervision of the commissioner.  The commissioner shall consult 
  3.8   with the affected county or counties in the contractual 
  3.9   agreement negotiations, if the county or counties wish to be 
  3.10  included, in order to avoid the duplication of county and tribal 
  3.11  assistance program services.  The commissioner may establish 
  3.12  necessary accounts for the purposes of receiving and disbursing 
  3.13  funds as necessary for the operation of the programs. 
  3.14     (2) Inform county agencies, on a timely basis, of changes 
  3.15  in statute, rule, federal law, regulation, and policy necessary 
  3.16  to county agency administration of the programs. 
  3.17     (3) Administer and supervise all child welfare activities; 
  3.18  promote the enforcement of laws protecting handicapped, 
  3.19  dependent, neglected and delinquent children, and children born 
  3.20  to mothers who were not married to the children's fathers at the 
  3.21  times of the conception nor at the births of the children; 
  3.22  license and supervise child-caring and child-placing agencies 
  3.23  and institutions; supervise the care of children in boarding and 
  3.24  foster homes or in private institutions; and generally perform 
  3.25  all functions relating to the field of child welfare now vested 
  3.26  in the state board of control. 
  3.27     (4) Administer and supervise all noninstitutional service 
  3.28  to handicapped persons, including those who are visually 
  3.29  impaired, hearing impaired, or physically impaired or otherwise 
  3.30  handicapped.  The commissioner may provide and contract for the 
  3.31  care and treatment of qualified indigent children in facilities 
  3.32  other than those located and available at state hospitals when 
  3.33  it is not feasible to provide the service in state hospitals. 
  3.34     (5) Assist and actively cooperate with other departments, 
  3.35  agencies and institutions, local, state, and federal, by 
  3.36  performing services in conformity with the purposes of Laws 
  4.1   1939, chapter 431. 
  4.2      (6) Act as the agent of and cooperate with the federal 
  4.3   government in matters of mutual concern relative to and in 
  4.4   conformity with the provisions of Laws 1939, chapter 431, 
  4.5   including the administration of any federal funds granted to the 
  4.6   state to aid in the performance of any functions of the 
  4.7   commissioner as specified in Laws 1939, chapter 431, and 
  4.8   including the promulgation of rules making uniformly available 
  4.9   medical care benefits to all recipients of public assistance, at 
  4.10  such times as the federal government increases its participation 
  4.11  in assistance expenditures for medical care to recipients of 
  4.12  public assistance, the cost thereof to be borne in the same 
  4.13  proportion as are grants of aid to said recipients. 
  4.14     (7) Establish and maintain any administrative units 
  4.15  reasonably necessary for the performance of administrative 
  4.16  functions common to all divisions of the department. 
  4.17     (8) Act as designated guardian of both the estate and the 
  4.18  person of all the wards of the state of Minnesota, whether by 
  4.19  operation of law or by an order of court, without any further 
  4.20  act or proceeding whatever, except as to persons committed as 
  4.21  mentally retarded.  For children under the guardianship of the 
  4.22  commissioner whose interests would be best served by adoptive 
  4.23  placement, the commissioner may contract with a licensed 
  4.24  child-placing agency to provide adoption services.  A contract 
  4.25  with a licensed child-placing agency must be designed to 
  4.26  supplement existing county efforts and may not replace existing 
  4.27  county programs, unless the replacement is agreed to by the 
  4.28  county board and the appropriate exclusive bargaining 
  4.29  representative or the commissioner has evidence that child 
  4.30  placements of the county continue to be substantially below that 
  4.31  of other counties.  Funds encumbered and obligated under an 
  4.32  agreement for a specific child shall remain available until the 
  4.33  terms of the agreement are fulfilled or the agreement is 
  4.34  terminated. 
  4.35     (9) Act as coordinating referral and informational center 
  4.36  on requests for service for newly arrived immigrants coming to 
  5.1   Minnesota. 
  5.2      (10) The specific enumeration of powers and duties as 
  5.3   hereinabove set forth shall in no way be construed to be a 
  5.4   limitation upon the general transfer of powers herein contained. 
  5.5      (11) Establish county, regional, or statewide schedules of 
  5.6   maximum fees and charges which may be paid by county agencies 
  5.7   for medical, dental, surgical, hospital, nursing and nursing 
  5.8   home care and medicine and medical supplies under all programs 
  5.9   of medical care provided by the state and for congregate living 
  5.10  care under the income maintenance programs. 
  5.11     (12) Have the authority to conduct and administer 
  5.12  experimental projects to test methods and procedures of 
  5.13  administering assistance and services to recipients or potential 
  5.14  recipients of public welfare.  To carry out such experimental 
  5.15  projects, it is further provided that the commissioner of human 
  5.16  services is authorized to waive the enforcement of existing 
  5.17  specific statutory program requirements, rules, and standards in 
  5.18  one or more counties.  The order establishing the waiver shall 
  5.19  provide alternative methods and procedures of administration, 
  5.20  shall not be in conflict with the basic purposes, coverage, or 
  5.21  benefits provided by law, and in no event shall the duration of 
  5.22  a project exceed four years.  It is further provided that no 
  5.23  order establishing an experimental project as authorized by the 
  5.24  provisions of this section shall become effective until the 
  5.25  following conditions have been met: 
  5.26     (a) The secretary of health, education, and welfare of the 
  5.27  United States has agreed, for the same project, to waive state 
  5.28  plan requirements relative to statewide uniformity. 
  5.29     (b) A comprehensive plan, including estimated project 
  5.30  costs, shall be approved by the legislative advisory commission 
  5.31  and filed with the commissioner of administration.  
  5.32     (13) According to federal requirements, establish 
  5.33  procedures to be followed by local welfare boards in creating 
  5.34  citizen advisory committees, including procedures for selection 
  5.35  of committee members. 
  5.36     (14) Allocate federal fiscal disallowances or sanctions 
  6.1   which are based on quality control error rates for the aid to 
  6.2   families with dependent children, Minnesota family investment 
  6.3   program-statewide, medical assistance, or food stamp program in 
  6.4   the following manner:  
  6.5      (a) One-half of the total amount of the disallowance shall 
  6.6   be borne by the county boards responsible for administering the 
  6.7   programs.  For the medical assistance, MFIP-S, and AFDC 
  6.8   programs, disallowances shall be shared by each county board in 
  6.9   the same proportion as that county's expenditures for the 
  6.10  sanctioned program are to the total of all counties' 
  6.11  expenditures for the AFDC, MFIP-S, and medical assistance 
  6.12  programs.  For the food stamp program, sanctions shall be shared 
  6.13  by each county board, with 50 percent of the sanction being 
  6.14  distributed to each county in the same proportion as that 
  6.15  county's administrative costs for food stamps are to the total 
  6.16  of all food stamp administrative costs for all counties, and 50 
  6.17  percent of the sanctions being distributed to each county in the 
  6.18  same proportion as that county's value of food stamp benefits 
  6.19  issued are to the total of all benefits issued for all 
  6.20  counties.  Each county shall pay its share of the disallowance 
  6.21  to the state of Minnesota.  When a county fails to pay the 
  6.22  amount due hereunder, the commissioner may deduct the amount 
  6.23  from reimbursement otherwise due the county, or the attorney 
  6.24  general, upon the request of the commissioner, may institute 
  6.25  civil action to recover the amount due. 
  6.26     (b) Notwithstanding the provisions of paragraph (a), if the 
  6.27  disallowance results from knowing noncompliance by one or more 
  6.28  counties with a specific program instruction, and that knowing 
  6.29  noncompliance is a matter of official county board record, the 
  6.30  commissioner may require payment or recover from the county or 
  6.31  counties, in the manner prescribed in paragraph (a), an amount 
  6.32  equal to the portion of the total disallowance which resulted 
  6.33  from the noncompliance, and may distribute the balance of the 
  6.34  disallowance according to paragraph (a).  
  6.35     (15) Develop and implement special projects that maximize 
  6.36  reimbursements and result in the recovery of money to the 
  7.1   state.  For the purpose of recovering state money, the 
  7.2   commissioner may enter into contracts with third parties.  Any 
  7.3   recoveries that result from projects or contracts entered into 
  7.4   under this paragraph shall be deposited in the state treasury 
  7.5   and credited to a special account until the balance in the 
  7.6   account reaches $1,000,000.  When the balance in the account 
  7.7   exceeds $1,000,000, the excess shall be transferred and credited 
  7.8   to the general fund.  All money in the account is appropriated 
  7.9   to the commissioner for the purposes of this paragraph. 
  7.10     (16) Have the authority to make direct payments to 
  7.11  facilities providing shelter to women and their children 
  7.12  according to section 256D.05, subdivision 3.  Upon the written 
  7.13  request of a shelter facility that has been denied payments 
  7.14  under section 256D.05, subdivision 3, the commissioner shall 
  7.15  review all relevant evidence and make a determination within 30 
  7.16  days of the request for review regarding issuance of direct 
  7.17  payments to the shelter facility.  Failure to act within 30 days 
  7.18  shall be considered a determination not to issue direct payments.
  7.19     (17) Have the authority to establish and enforce the 
  7.20  following county reporting requirements:  
  7.21     (a) The commissioner shall establish fiscal and statistical 
  7.22  reporting requirements necessary to account for the expenditure 
  7.23  of funds allocated to counties for human services programs.  
  7.24  When establishing financial and statistical reporting 
  7.25  requirements, the commissioner shall evaluate all reports, in 
  7.26  consultation with the counties, to determine if the reports can 
  7.27  be simplified or the number of reports can be reduced. 
  7.28     (b) The county board shall submit monthly or quarterly 
  7.29  reports to the department as required by the commissioner.  
  7.30  Monthly reports are due no later than 15 working days after the 
  7.31  end of the month.  Quarterly reports are due no later than 30 
  7.32  calendar days after the end of the quarter, unless the 
  7.33  commissioner determines that the deadline must be shortened to 
  7.34  20 calendar days to avoid jeopardizing compliance with federal 
  7.35  deadlines or risking a loss of federal funding.  Only reports 
  7.36  that are complete, legible, and in the required format shall be 
  8.1   accepted by the commissioner.  
  8.2      (c) If the required reports are not received by the 
  8.3   deadlines established in clause (b), the commissioner may delay 
  8.4   payments and withhold funds from the county board until the next 
  8.5   reporting period.  When the report is needed to account for the 
  8.6   use of federal funds and the late report results in a reduction 
  8.7   in federal funding, the commissioner shall withhold from the 
  8.8   county boards with late reports an amount equal to the reduction 
  8.9   in federal funding until full federal funding is received.  
  8.10     (d) A county board that submits reports that are late, 
  8.11  illegible, incomplete, or not in the required format for two out 
  8.12  of three consecutive reporting periods is considered 
  8.13  noncompliant.  When a county board is found to be noncompliant, 
  8.14  the commissioner shall notify the county board of the reason the 
  8.15  county board is considered noncompliant and request that the 
  8.16  county board develop a corrective action plan stating how the 
  8.17  county board plans to correct the problem.  The corrective 
  8.18  action plan must be submitted to the commissioner within 45 days 
  8.19  after the date the county board received notice of noncompliance.
  8.20     (e) The final deadline for fiscal reports or amendments to 
  8.21  fiscal reports is one year after the date the report was 
  8.22  originally due.  If the commissioner does not receive a report 
  8.23  by the final deadline, the county board forfeits the funding 
  8.24  associated with the report for that reporting period and the 
  8.25  county board must repay any funds associated with the report 
  8.26  received for that reporting period. 
  8.27     (f) The commissioner may not delay payments, withhold 
  8.28  funds, or require repayment under paragraph (c) or (e) if the 
  8.29  county demonstrates that the commissioner failed to provide 
  8.30  appropriate forms, guidelines, and technical assistance to 
  8.31  enable the county to comply with the requirements.  If the 
  8.32  county board disagrees with an action taken by the commissioner 
  8.33  under paragraph (c) or (e), the county board may appeal the 
  8.34  action according to sections 14.57 to 14.69. 
  8.35     (g) Counties subject to withholding of funds under 
  8.36  paragraph (c) or forfeiture or repayment of funds under 
  9.1   paragraph (e) shall not reduce or withhold benefits or services 
  9.2   to clients to cover costs incurred due to actions taken by the 
  9.3   commissioner under paragraph (c) or (e). 
  9.4      (18) Allocate federal fiscal disallowances or sanctions for 
  9.5   audit exceptions when federal fiscal disallowances or sanctions 
  9.6   are based on a statewide random sample for the foster care 
  9.7   program under title IV-E of the Social Security Act, United 
  9.8   States Code, title 42, in direct proportion to each county's 
  9.9   title IV-E foster care maintenance claim for that period. 
  9.10     (19) Be responsible for ensuring the detection, prevention, 
  9.11  investigation, and resolution of fraudulent activities or 
  9.12  behavior by applicants, recipients, and other participants in 
  9.13  the human services programs administered by the department. 
  9.14     (20) Require county agencies to identify overpayments, 
  9.15  establish claims, and utilize all available and cost-beneficial 
  9.16  methodologies to collect and recover these overpayments in the 
  9.17  human services programs administered by the department. 
  9.18     (21) Have the authority to administer a drug rebate program 
  9.19  for drugs purchased pursuant to the senior citizen drug program 
  9.20  established under section 256.955 after the beneficiary's 
  9.21  satisfaction of any deductible established in the program.  The 
  9.22  commissioner shall require a rebate agreement from all 
  9.23  manufacturers of covered drugs as defined in section 256B.0625, 
  9.24  subdivision 13.  For each drug, the amount of the rebate shall 
  9.25  be equal to the basic rebate as defined for purposes of the 
  9.26  federal rebate program in United States Code, title 42, section 
  9.27  1396r-8(c)(1).  This basic rebate shall be applied to 
  9.28  single-source and multiple-source drugs.  The manufacturers must 
  9.29  provide full payment within 30 days of receipt of the state 
  9.30  invoice for the rebate within the terms and conditions used for 
  9.31  the federal rebate program established pursuant to section 1927 
  9.32  of title XIX of the Social Security Act.  The manufacturers must 
  9.33  provide the commissioner with any information necessary to 
  9.34  verify the rebate determined per drug.  The rebate program shall 
  9.35  utilize the terms and conditions used for the federal rebate 
  9.36  program established pursuant to section 1927 of title XIX of the 
 10.1   Social Security Act. 
 10.2      Sec. 3.  Minnesota Statutes 1998, section 256B.094, 
 10.3   subdivision 3, is amended to read: 
 10.4      Subd. 3.  [COORDINATION AND PROVISION OF SERVICES.] (a) In 
 10.5   a county or reservation where a prepaid medical assistance 
 10.6   provider has contracted under section 256B.031 or 256B.69 to 
 10.7   provide mental health services, the case management provider 
 10.8   shall coordinate with the prepaid provider to ensure that all 
 10.9   necessary mental health services required under the contract are 
 10.10  provided to recipients of case management services. 
 10.11     (b) When the case management provider determines that a 
 10.12  prepaid provider is not providing mental health services as 
 10.13  required under the contract, the case management provider shall 
 10.14  assist the recipient to appeal the prepaid provider's denial 
 10.15  pursuant to section 256.045, and may make other arrangements for 
 10.16  provision of the covered services.  
 10.17     (c) The case management provider may bill the provider of 
 10.18  prepaid health care services for any mental health services 
 10.19  provided to a recipient of case management services which the 
 10.20  county or tribal social services arranges for or provides and 
 10.21  which are included in the prepaid provider's contract, and which 
 10.22  were determined to be medically necessary as a result of an 
 10.23  appeal pursuant to section 256.045.  The prepaid provider must 
 10.24  reimburse the mental health provider, at the prepaid provider's 
 10.25  standard rate for that service, for any services delivered under 
 10.26  this subdivision. 
 10.27     (d) If the county or tribal social services has not 
 10.28  obtained prior authorization for this service, or an appeal 
 10.29  results in a determination that the services were not medically 
 10.30  necessary, the county or tribal social services may not seek 
 10.31  reimbursement from the prepaid provider.  
 10.32     Sec. 4.  Minnesota Statutes 1998, section 256B.094, 
 10.33  subdivision 6, is amended to read: 
 10.34     Subd. 6.  [MEDICAL ASSISTANCE REIMBURSEMENT OF CASE 
 10.35  MANAGEMENT SERVICES.] (a) Medical assistance reimbursement for 
 10.36  services under this section shall be made on a monthly basis.  
 11.1   Payment is based on face-to-face or telephone contacts between 
 11.2   the case manager and the client, client's family, primary 
 11.3   caregiver, legal representative, or other relevant person 
 11.4   identified as necessary to the development or implementation of 
 11.5   the goals of the individual service plan regarding the status of 
 11.6   the client, the individual service plan, or the goals for the 
 11.7   client.  These contacts must meet the minimum standards in 
 11.8   clauses (1) and (2):  
 11.9      (1) there must be a face-to-face contact at least once a 
 11.10  month except as provided in clause (2); and 
 11.11     (2) for a client placed outside of the county of financial 
 11.12  responsibility in an excluded time facility under section 
 11.13  256G.02, subdivision 6, or through the Interstate Compact on the 
 11.14  Placement of Children, section 257.40, and the placement in 
 11.15  either case is more than 60 miles beyond the county or 
 11.16  reservation boundaries, there must be at least one contact per 
 11.17  month and not more than two consecutive months without a 
 11.18  face-to-face contact. 
 11.19     (b) The payment rate is established using time study data 
 11.20  on activities of provider service staff and reports required 
 11.21  under sections 245.482, 256.01, subdivision 2, paragraph (17), 
 11.22  and 256E.08, subdivision 8. 
 11.23     (c) Payment for case management provided by 
 11.24  county-contracted vendors shall be based on a monthly rate 
 11.25  negotiated by the host county.  The negotiated rate must not 
 11.26  exceed the rate charged by the vendor for the same service to 
 11.27  other payers.  If the service is provided by a team of 
 11.28  contracted vendors, the county may negotiate a team rate with a 
 11.29  vendor who is a member of the team.  The team shall determine 
 11.30  how to distribute the rate among its members.  No reimbursement 
 11.31  received by contracted vendors shall be returned to the county, 
 11.32  except to reimburse the county for advance funding provided by 
 11.33  the county to the vendor. 
 11.34     (d) If the service is provided by a team that includes 
 11.35  contracted vendors and county staff, the costs for county staff 
 11.36  participation in the team shall be included in the rate for 
 12.1   county-provided services.  In this case, the contracted vendor 
 12.2   and the county may each receive separate payment for services 
 12.3   provided by each entity in the same month.  In order to prevent 
 12.4   duplication of services, the county must document, in the 
 12.5   recipient's file, the need for team case management and a 
 12.6   description of the roles of the team members. 
 12.7      Separate payment rates may be established for different 
 12.8   groups of providers to maximize reimbursement as determined by 
 12.9   the commissioner.  The payment rate will be reviewed annually 
 12.10  and revised periodically to be consistent with the most recent 
 12.11  time study and other data.  Payment for services will be made 
 12.12  upon submission of a valid claim and verification of proper 
 12.13  documentation described in subdivision 7.  Federal 
 12.14  administrative revenue earned through the time study shall be 
 12.15  distributed according to earnings, to counties, reservations, or 
 12.16  groups of counties or reservations which have the same payment 
 12.17  rate under this subdivision, and to the group of counties or 
 12.18  reservations which are not certified providers under section 
 12.19  256F.10.  The commissioner shall modify the requirements set out 
 12.20  in Minnesota Rules, parts 9550.0300 to 9550.0370, as necessary 
 12.21  to accomplish this. 
 12.22     Sec. 5.  Minnesota Statutes 1998, section 256F.03, 
 12.23  subdivision 5, is amended to read: 
 12.24     Subd. 5.  [FAMILY-BASED SERVICES.] "Family-based services" 
 12.25  means one or more of the services described in paragraphs (a) 
 12.26  to ~~(f)~~ (e) provided to families primarily in their own home for 
 12.27  a limited time.  
 12.28     (a)  [CRISIS SERVICES.] "Crisis services" means 
 12.29  professional services provided within 24 hours of referral to 
 12.30  alleviate a family crisis and to offer an alternative to placing 
 12.31  a child outside the family home.  The services are intensive and 
 12.32  time limited.  The service may offer transition to other 
 12.33  appropriate community-based services. 
 12.34     (b)  [COUNSELING SERVICES.] "Counseling services" means 
 12.35  professional family counseling provided to alleviate individual 
 12.36  and family dysfunction; provide an alternative to placing a 
 13.1   child outside the family home; or permit a child to return 
 13.2   home.  The duration, frequency, and intensity of the service is 
 13.3   determined in the individual or family service plan. 
 13.4      (c)  [LIFE MANAGEMENT SKILLS SERVICES.] "Life management 
 13.5   skills services" means paraprofessional services that teach 
 13.6   family members skills in such areas as parenting, budgeting, 
 13.7   home management, and communication.  The goal is to strengthen 
 13.8   family skills as an alternative to placing a child outside the 
 13.9   family home or to permit a child to return home.  A social 
 13.10  worker shall coordinate these services within the family case 
 13.11  plan. 
 13.12     (d)  ~~[CASE COORDINATION SERVICES.] "Case coordination~~ 
 13.13  ~~services" means professional services provided to an individual,~~ 
 13.14  ~~family, or caretaker as an alternative to placing a child~~ 
 13.15  ~~outside the family home, to permit a child to return home, or to~~ 
 13.16  ~~stabilize the long-term or permanent placement of a child.~~  
 13.17  ~~Coordinated services are provided directly, are arranged, or are~~ 
 13.18  ~~monitored to meet the needs of a child and family.  The~~ 
 13.19  ~~duration, frequency, and intensity of services is determined in~~ 
 13.20  ~~the individual or family service plan.~~ 
 13.21     ~~(e)~~  [MENTAL HEALTH SERVICES.] "Mental health services" 
 13.22  means the professional services defined in section 245.4871, 
 13.23  subdivision 31. 
 13.24     ~~(f)~~ (e)  [EARLY INTERVENTION SERVICES.] "Early intervention 
 13.25  services" means family-based intervention services designed to 
 13.26  help at-risk families avoid crisis situations. 
 13.27     Sec. 6.  Minnesota Statutes 1998, section 256F.05, 
 13.28  subdivision 8, is amended to read: 
 13.29     Subd. 8.  [USES OF FAMILY PRESERVATION FUND GRANTS.] (a) A 
 13.30  county which has not demonstrated that year that its family 
 13.31  preservation core services are developed as provided in 
 13.32  subdivision 1a, must use its family preservation fund grant 
 13.33  exclusively for family preservation services defined in section 
 13.34  256F.03, subdivision 5, paragraphs (a), (b), (c), and ~~(e)~~ (d). 
 13.35     (b) A county which has demonstrated that year that its 
 13.36  family preservation core services are developed becomes eligible 
 14.1   either to continue using its family preservation fund grant as 
 14.2   provided in paragraph (a), or to exercise the expanded service 
 14.3   option under paragraph (c). 
 14.4      (c) The expanded service option permits an eligible county 
 14.5   to use its family preservation fund grant for child welfare 
 14.6   preventive services.  For purposes of this section, child 
 14.7   welfare preventive services are those services directed toward a 
 14.8   specific child or family that further the goals of section 
 14.9   256F.01 and include assessments, family preservation services, 
 14.10  service coordination, community-based treatment, crisis nursery 
 14.11  services when the parents retain custody and there is no 
 14.12  voluntary placement agreement with a child-placing agency, 
 14.13  respite care except when it is provided under a medical 
 14.14  assistance waiver, home-based services, and other related 
 14.15  services.  For purposes of this section, child welfare 
 14.16  preventive services shall not include shelter care or other 
 14.17  placement services under the authority of the court or public 
 14.18  agency to address an emergency.  To exercise this option, an 
 14.19  eligible county must notify the commissioner in writing of its 
 14.20  intention to do so ~~no later than 30 days into the quarter during~~ 
 14.21  ~~which it intends to begin~~ or select this option in its county 
 14.22  plan, as provided in section 256F.04, subdivision 2.  Effective 
 14.23  with the first day of ~~that quarter~~ the grant period in which 
 14.24  this option is selected, the county must maintain its base level 
 14.25  of expenditures for child welfare preventive services and use 
 14.26  the family preservation fund to expand them.  The base level of 
 14.27  expenditures for a county shall be that established under 
 14.28  section 256F.10, subdivision 7.  For counties which have no such 
 14.29  base established, a comparable base shall be established with 
 14.30  the base year being the calendar year ending at least two 
 14.31  calendar quarters before the first calendar quarter in which the 
 14.32  county exercises its expanded service option.  The commissioner 
 14.33  shall, at the request of the counties, reduce, suspend, or 
 14.34  eliminate either or both of a county's obligations to continue 
 14.35  the base level of expenditures and to expand child welfare 
 14.36  preventive services under extraordinary circumstances.  
 15.1      (d) Notwithstanding paragraph (a), a county that is 
 15.2   participating in the child protection assessments or 
 15.3   investigations community collaboration pilot program under 
 15.4   section 626.5560, or in the concurrent permanency planning pilot 
 15.5   program under section 257.0711, may use its family preservation 
 15.6   fund grant for those programs. 
 15.7      Sec. 7.  Minnesota Statutes 1998, section 256F.10, 
 15.8   subdivision 1, is amended to read: 
 15.9      Subdivision 1.  [ELIGIBILITY.] Persons under 21 years of 
 15.10  age who are eligible to receive medical assistance are eligible 
 15.11  for child welfare targeted case management services under 
 15.12  section 256B.094 and this section if they have received an 
 15.13  assessment and have been determined by the local county or 
 15.14  tribal social services agency to be:  
 15.15     (1) at risk of placement or in placement as described in 
 15.16  section 257.071, subdivision 1; 
 15.17     (2) at risk of maltreatment or experiencing maltreatment as 
 15.18  defined in section 626.556, subdivision 10e; or 
 15.19     (3) in need of protection or services as defined in section 
 15.20  260.015, subdivision 2a.  
 15.21     Sec. 8.  Minnesota Statutes 1998, section 256F.10, 
 15.22  subdivision 6, is amended to read: 
 15.23     Subd. 6.  [DISTRIBUTION OF NEW FEDERAL REVENUE.] (a) Except 
 15.24  for portion set aside in paragraph (b), the federal funds earned 
 15.25  under this section and section 256B.094 by ~~counties~~ providers 
 15.26  shall be paid to each ~~county~~ provider based on its earnings, and 
 15.27  must be used by each ~~county~~ provider to expand preventive child 
 15.28  welfare services. 
 15.29  If a county or tribal social services chooses to be a provider 
 15.30  of child welfare targeted case management and if that county or 
 15.31  tribal social services also joins a local children's mental 
 15.32  health collaborative as authorized by the 1993 legislature, then 
 15.33  the federal reimbursement received by the county or tribal 
 15.34  social services for providing child welfare targeted case 
 15.35  management services to children served by the local 
 15.36  collaborative shall be transferred by the county or tribal 
 16.1   social services to the integrated fund.  The federal 
 16.2   reimbursement transferred to the integrated fund by the 
 16.3   county or tribal social services must not be used for 
 16.4   residential care other than respite care described under 
 16.5   subdivision 7, paragraph (d). 
 16.6      (b) The commissioner shall set aside a portion of the 
 16.7   federal funds earned under this section to repay the special 
 16.8   revenue maximization account under section 256.01, subdivision 
 16.9   2, clause (15).  The repayment is limited to: 
 16.10     (1) the costs of developing and implementing this section 
 16.11  and sections 256.8711 and 256B.094; 
 16.12     (2) programming the information systems; and 
 16.13     (3) the lost federal revenue for the central office claim 
 16.14  directly caused by the implementation of these sections. 
 16.15     Any unexpended funds from the set aside under this 
 16.16  paragraph shall be distributed to ~~counties~~ providers according 
 16.17  to paragraph (a). 
 16.18     Sec. 9.  Minnesota Statutes 1998, section 256F.10, 
 16.19  subdivision 7, is amended to read: 
 16.20     Subd. 7.  [EXPANSION OF SERVICES AND BASE LEVEL OF 
 16.21  EXPENDITURES.] (a) Counties and tribal social services must 
 16.22  continue the base level of expenditures for preventive child 
 16.23  welfare services from either or both of any state, county, or 
 16.24  federal funding source, which, in the absence of federal funds 
 16.25  earned under this section, would have been available for these 
 16.26  services.  The commissioner shall review the county or tribal 
 16.27  social services expenditures annually using reports required 
 16.28  under sections 245.482, 256.01, subdivision 2, paragraph 17, and 
 16.29  256E.08, subdivision 8, to ensure that the base level of 
 16.30  expenditures for preventive child welfare services is continued 
 16.31  from sources other than the federal funds earned under this 
 16.32  section. 
 16.33     (b) The commissioner may reduce, suspend, or eliminate 
 16.34  either or both of a county's or tribal social services' 
 16.35  obligations to continue the base level of expenditures and to 
 16.36  expand child welfare preventive services if the commissioner 
 17.1   determines that one or more of the following conditions apply to 
 17.2   that county or reservation: 
 17.3      (1) imposition of levy limits that significantly reduce 
 17.4   available social service funds; 
 17.5      (2) reduction in the net tax capacity of the taxable 
 17.6   property within a county or reservation that significantly 
 17.7   reduces available social service funds; 
 17.8      (3) reduction in the number of children under age 19 in the 
 17.9   county or reservation by 25 percent when compared with the 
 17.10  number in the base year using the most recent data provided by 
 17.11  the state demographer's office; or 
 17.12     (4) termination of the federal revenue earned under this 
 17.13  section. 
 17.14     (c) The commissioner may suspend for one year either or 
 17.15  both of a county's or tribal social services' obligations to 
 17.16  continue the base level of expenditures and to expand child 
 17.17  welfare preventive services if the commissioner determines that 
 17.18  in the previous year one or more of the following conditions 
 17.19  applied to that county or reservation: 
 17.20     (1) the total number of children in placement under 
 17.21  sections 257.071 and 393.07, subdivisions 1 and 2, has been 
 17.22  reduced by 50 percent from the total number in the base year; or 
 17.23     (2) the average number of children in placement under 
 17.24  sections 257.071 and 393.07, subdivisions 1 and 2, on the last 
 17.25  day of each month is equal to or less than one child per 1,000 
 17.26  children in the county or reservation. 
 17.27     (d) For the purposes of this section, child welfare 
 17.28  preventive services are those services directed toward a 
 17.29  specific child or family that further the goals of section 
 17.30  256F.01 and include assessments, family preservation services, 
 17.31  service coordination, community-based treatment, crisis nursery 
 17.32  services when the parents retain custody and there is no 
 17.33  voluntary placement agreement with a child-placing agency, 
 17.34  respite care except when it is provided under a medical 
 17.35  assistance waiver, home-based services, and other related 
 17.36  services.  For the purposes of this section, child welfare 
 18.1   preventive services shall not include shelter care placements 
 18.2   under the authority of the court or public agency to address an 
 18.3   emergency, residential services except for respite care, child 
 18.4   care for the purposes of employment and training, adult 
 18.5   services, services other than child welfare targeted case 
 18.6   management when they are provided under medical assistance, 
 18.7   placement services, or activities not directed toward a specific 
 18.8   child or family.  Respite care must be planned, routine care to 
 18.9   support the continuing residence of the child with its family or 
 18.10  long-term primary caretaker and must not be provided to address 
 18.11  an emergency. 
 18.12     (e) For the counties and tribal social services beginning 
 18.13  to claim federal reimbursement for services under this section 
 18.14  and section 256B.094, the base year is the calendar year ending 
 18.15  at least two calendar quarters before the first calendar quarter 
 18.16  in which the ~~county~~ provider begins claiming reimbursement.  For 
 18.17  the purposes of this section, the base level of expenditures is 
 18.18  the level of county or tribal social services expenditures in 
 18.19  the base year for eligible child welfare preventive services 
 18.20  described in this subdivision. 
 18.21     Sec. 10.  Minnesota Statutes 1998, section 256F.10, 
 18.22  subdivision 8, is amended to read: 
 18.23     Subd. 8.  [PROVIDER RESPONSIBILITIES.] (a) Notwithstanding 
 18.24  section 256B.19, subdivision 1, for the purposes of child 
 18.25  welfare targeted case management under section 256B.094 and this 
 18.26  section, the nonfederal share of costs shall be provided by the 
 18.27  provider of child welfare targeted case management from sources 
 18.28  other than federal funds or funds used to match other federal 
 18.29  funds. 
 18.30     (b) Provider expenditures eligible for federal 
 18.31  reimbursement under this section must not be made from federal 
 18.32  funds or funds used to match other federal funds. 
 18.33     (c) The commissioner may suspend, reduce, or terminate the 
 18.34  federal reimbursement to a provider that does not meet the 
 18.35  reporting or other requirements of section 256B.094 and this 
 18.36  section.  The county or reservation is responsible for any 
 19.1   federal disallowances.  The county or reservation may share this 
 19.2   responsibility with its contracted vendors. 
 19.3      Sec. 11.  Minnesota Statutes 1998, section 256F.10, 
 19.4   subdivision 10, is amended to read: 
 19.5      Subd. 10.  [CENTRALIZED DISBURSEMENT OF MEDICAL ASSISTANCE 
 19.6   PAYMENTS.] Notwithstanding section 256B.041, ~~county~~ provider 
 19.7   payments for the cost of child welfare targeted case management 
 19.8   services shall not be made to the state treasurer.  For the 
 19.9   purposes of child welfare targeted case management services 
 19.10  under section 256B.094 and this section, the centralized 
 19.11  disbursement of payments to providers under section 256B.041 
 19.12  consists only of federal earnings from services provided under 
 19.13  section 256B.094 and this section. 
 19.14     Sec. 12.  Minnesota Statutes 1998, section 257.071, 
 19.15  subdivision 1, is amended to read: 
 19.16     Subdivision 1.  [PLACEMENT; PLAN.] (a) A case plan shall be 
 19.17  prepared within 30 days after any child is placed in a 
 19.18  residential facility by court order or by the voluntary release 
 19.19  of the child by the parent or parents.  
 19.20     For purposes of this section, a residential facility means 
 19.21  any group home, family foster home or other publicly supported 
 19.22  out-of-home residential facility, including any out-of-home 
 19.23  residential facility under contract with the state, county or 
 19.24  other political subdivision, or any agency thereof, to provide 
 19.25  those services or foster care as defined in section 260.015, 
 19.26  subdivision 7.  
 19.27     (b) When a child is in placement, the responsible local 
 19.28  social services agency shall make diligent efforts to identify, 
 19.29  locate, and, where appropriate, offer services to both parents 
 19.30  of the child.  If a noncustodial or nonadjudicated parent is 
 19.31  willing and capable of providing for the day-to-day care of the 
 19.32  child, the local social services agency may seek authority from 
 19.33  the custodial parent or the court to have that parent assume 
 19.34  day-to-day care of the child.  If a parent is not an adjudicated 
 19.35  parent, the local social services agency shall require the 
 19.36  nonadjudicated parent to cooperate with paternity establishment 
 20.1   procedures as part of the case plan. 
 20.2      (c) If, after assessment, the local social services agency 
 20.3   determines that the child cannot be in the day-to-day care of 
 20.4   either parent, the agency shall prepare a case plan addressing 
 20.5   the conditions that each parent must mitigate before the child 
 20.6   could be in that parent's day-to-day care. 
 20.7      (d) If, after the provision of services following a case 
 20.8   plan under this section and ordered by the juvenile court, the 
 20.9   child cannot return to the care of the parent from whom the 
 20.10  child was removed or who had legal custody at the time the child 
 20.11  was placed in foster care, the agency may petition on behalf of 
 20.12  a noncustodial parent to establish legal custody with that 
 20.13  parent under section 260.191, subdivision 3b.  If paternity has 
 20.14  not already been established, it may be established in the same 
 20.15  proceeding in the manner provided for under this chapter. 
 20.16     The responsible social services agency may be relieved of 
 20.17  the requirement to locate and offer services to both parents by 
 20.18  the juvenile court upon a finding of good cause after the filing 
 20.19  of a petition under section 260.131. 
 20.20     (e) For the purposes of this section, a case plan means a 
 20.21  written document which is ordered by the court or which is 
 20.22  prepared by the social ~~service~~ services agency responsible for 
 20.23  the residential facility placement and is signed by the parent 
 20.24  or parents, or other custodian, of the child, the child's legal 
 20.25  guardian, the social ~~service~~ services agency responsible for the 
 20.26  residential facility placement, and, if possible, the child.  
 20.27  The document shall be explained to all persons involved in its 
 20.28  implementation, including the child who has signed the document, 
 20.29  and shall set forth: 
 20.30     (1) the specific reasons for the placement of the child in 
 20.31  a residential facility, including a description of the problems 
 20.32  or conditions in the home of the parent or parents which 
 20.33  necessitated removal of the child from home; 
 20.34     (2) the specific actions to be taken by the parent or 
 20.35  parents of the child to eliminate or correct the problems or 
 20.36  conditions identified in clause (1), and the time period during 
 21.1   which the actions are to be taken; 
 21.2      (3) the financial responsibilities and obligations, if any, 
 21.3   of the parents for the support of the child during the period 
 21.4   the child is in the residential facility; 
 21.5      (4) the visitation rights and obligations of the parent or 
 21.6   parents or other relatives as defined in section 260.181, if 
 21.7   such visitation is consistent with the best interest of the 
 21.8   child, during the period the child is in the residential 
 21.9   facility; 
 21.10     (5) the social and other supportive services to be provided 
 21.11  to the parent or parents of the child, the child, and the 
 21.12  residential facility during the period the child is in the 
 21.13  residential facility; 
 21.14     (6) the date on which the child is expected to be returned 
 21.15  to and safely maintained in the home of the parent or parents or 
 21.16  placed for adoption or otherwise permanently removed from the 
 21.17  care of the parent by court order; 
 21.18     (7) the nature of the effort to be made by the social 
 21.19  ~~service~~ services agency responsible for the placement to reunite 
 21.20  the family; ~~and~~ 
 21.21     (8) notice to the parent or parents: 
 21.22     (i) that placement of the child in foster care may result 
 21.23  in termination of parental rights but only after notice and a 
 21.24  hearing as provided in chapter 260~~.~~; and 
 21.25     (ii) in cases where the agency has determined that both 
 21.26  reasonable efforts to reunify the child with the parents, and 
 21.27  reasonable efforts to place the child in a permanent home away 
 21.28  from the parent that may become legally permanent are 
 21.29  appropriate, notice of: 
 21.30     (A) time limits on the length of placement and of 
 21.31  reunification services; 
 21.32     (B) the nature of the services available to the parent; 
 21.33     (C) the consequences to the parent and the child if the 
 21.34  parent fails or is unable to use services to correct the 
 21.35  circumstances that led to the child's placement; 
 21.36     (D) the first consideration for relative placement; and 
 22.1      (E) the benefit to the child in getting the child out of 
 22.2   residential care as soon as possible, preferably by returning 
 22.3   the child home, but if that is not possible, through legally 
 22.4   permanent placement of the child away from the parent; 
 22.5      (9) a permanency hearing under section 260.191, subdivision 
 22.6   3b, or a termination of parental rights hearing under sections 
 22.7   260.221 to 260.245, where the agency asks the court to find that 
 22.8   the child should be permanently placed away from the parent and 
 22.9   includes documentation of the steps taken by the responsible 
 22.10  social services agency to find an adoptive family or other 
 22.11  legally permanent living arrangement for the child, to place the 
 22.12  child with an adoptive family, a fit and willing relative 
 22.13  through an award of permanent legal and physical custody, or in 
 22.14  another planned and legally permanent living arrangement.  The 
 22.15  documentation must include child specific recruitment efforts; 
 22.16  and 
 22.17     (10) if the court has issued an order terminating the 
 22.18  rights of both parents of the child or of the only known, living 
 22.19  parent of the child, documentation of steps to finalize the 
 22.20  adoption or legal guardianship of the child. 
 22.21     (f) The parent or parents and the child each shall have the 
 22.22  right to legal counsel in the preparation of the case plan and 
 22.23  shall be informed of the right at the time of placement of the 
 22.24  child.  The child shall also have the right to a guardian ad 
 22.25  litem.  If unable to employ counsel from their own resources, 
 22.26  the court shall appoint counsel upon the request of the parent 
 22.27  or parents or the child or the child's legal guardian.  The 
 22.28  parent or parents may also receive assistance from any person or 
 22.29  social ~~service~~ services agency in preparation of the case plan. 
 22.30     After the plan has been agreed upon by the parties 
 22.31  involved, the foster parents shall be fully informed of the 
 22.32  provisions of the case plan and shall be provided a copy of the 
 22.33  plan. 
 22.34     (g) When an agency accepts a child for placement, the 
 22.35  agency shall determine whether the child has had a physical 
 22.36  examination by or under the direction of a licensed physician 
 23.1   within the 12 months immediately preceding the date when the 
 23.2   child came into the agency's care.  If there is documentation 
 23.3   that the child has had such an examination within the last 12 
 23.4   months, the agency is responsible for seeing that the child has 
 23.5   another physical examination within one year of the documented 
 23.6   examination and annually in subsequent years.  If the agency 
 23.7   determines that the child has not had a physical examination 
 23.8   within the 12 months immediately preceding placement, the agency 
 23.9   shall ensure that the child has the examination within 30 days 
 23.10  of coming into the agency's care and once a year in subsequent 
 23.11  years. 
 23.12     Sec. 13.  Minnesota Statutes 1998, section 257.071, 
 23.13  subdivision 1a, is amended to read: 
 23.14     Subd. 1a.  [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 
 23.15  THE CHILD.] (a) The policy of the state of Minnesota is to 
 23.16  ensure that the child's best interests are met by requiring an 
 23.17  individualized determination of the needs of the child and of 
 23.18  how the selected placement will serve the needs of the child 
 23.19  being placed.  The authorized child-placing agency shall place a 
 23.20  child, released by court order or by voluntary release by the 
 23.21  parent or parents, in a family foster home selected by 
 23.22  considering placement with relatives and important friends 
 23.23  consistent with section 260.181, subdivision 3.  
 23.24     (b) Among the factors the agency shall consider in 
 23.25  determining the needs of the child are those specified under 
 23.26  section 260.181, subdivision 3, paragraph (b).  
 23.27     (c) Placement of a child cannot be delayed or denied based 
 23.28  on race, color, or national origin of the foster parent or the 
 23.29  child.  ~~Whenever possible,~~ Siblings should be placed together 
 23.30  for foster care and adoption at the earliest possible time 
 23.31  unless it is determined not to be in the best interests of a 
 23.32  sibling or unless it is not possible after appropriate efforts 
 23.33  by the responsible social services agency.  
 23.34     Sec. 14.  Minnesota Statutes 1998, section 257.071, 
 23.35  subdivision 1c, is amended to read: 
 23.36     Subd. 1c.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
 24.1   social ~~service~~ services agency shall inform a parent considering 
 24.2   voluntary placement of a child who is not developmentally 
 24.3   disabled or emotionally handicapped of the following: 
 24.4      (1) the parent and the child each has a right to separate 
 24.5   legal counsel before signing a voluntary placement agreement, 
 24.6   but not to counsel appointed at public expense; 
 24.7      (2) the parent is not required to agree to the voluntary 
 24.8   placement, and a parent who enters a voluntary placement 
 24.9   agreement may at any time request that the agency return the 
 24.10  child.  If the parent so requests, the child must be returned 
 24.11  within 24 hours of the receipt of the request; 
 24.12     (3) evidence gathered during the time the child is 
 24.13  voluntarily placed may be used at a later time as the basis for 
 24.14  a petition alleging that the child is in need of protection or 
 24.15  services or as the basis for a petition seeking termination of 
 24.16  parental rights or other permanent placement of the child away 
 24.17  from the parent; 
 24.18     (4) if the local social ~~service~~ services agency files a 
 24.19  petition alleging that the child is in need of protection or 
 24.20  services or a petition seeking the termination of parental 
 24.21  rights or other permanent placement of the child away from the 
 24.22  parent, the parent would have the right to appointment of 
 24.23  separate legal counsel and the child would have a right to the 
 24.24  appointment of counsel and a guardian ad litem as provided by 
 24.25  law, and that counsel will be appointed at public expense if 
 24.26  they are unable to afford counsel; and 
 24.27     (5) the timelines and procedures for review of voluntary 
 24.28  placements under subdivision 3, and the effect the time spent in 
 24.29  voluntary placement on the scheduling of a permanent placement 
 24.30  determination hearing under section 260.191, subdivision 3b.  
 24.31     Sec. 15.  Minnesota Statutes 1998, section 257.071, 
 24.32  subdivision 1d, is amended to read: 
 24.33     Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) As soon as 
 24.34  possible, but in any event within six months after a child is 
 24.35  initially placed in a residential facility, the local social 
 24.36  services agency shall identify any relatives of the child and 
 25.1   notify them of the need for a foster care home for the child and 
 25.2   of the possibility of the need for a permanent out-of-home 
 25.3   placement of the child.  Relatives should also be notified that 
 25.4   a decision not to be a placement resource at the beginning of 
 25.5   the case may affect the relative being considered for placement 
 25.6   of the child with that relative later.  The relatives must be 
 25.7   notified that they must keep the local social services agency 
 25.8   informed of their current address in order to receive notice 
 25.9   that a permanent placement is being sought for the child.  A 
 25.10  relative who fails to provide a current address to the local 
 25.11  social services agency forfeits the right to notice of the 
 25.12  possibility of permanent placement.  If the child's parent 
 25.13  refuses to give the responsible social services agency 
 25.14  information sufficient to identify relatives of the child, the 
 25.15  agency shall determine whether the parent's refusal is in the 
 25.16  child's best interests.  If the agency determines the parent's 
 25.17  refusal is not in the child's best interests, the agency shall 
 25.18  file a petition under section 260.131, and shall ask the 
 25.19  juvenile court to order the parent to provide the necessary 
 25.20  information. 
 25.21     (b) Unless relieved of this duty by the court because the 
 25.22  child is placed with an appropriate relative who wishes to 
 25.23  provide a permanent home for the child or the child is placed 
 25.24  with a foster home that has committed to being the legally 
 25.25  permanent placement for the child and the responsible social 
 25.26  services agency approves of that foster home for permanent 
 25.27  placement of the child, when the agency determines that it is 
 25.28  necessary to prepare for the permanent placement determination 
 25.29  hearing, or in anticipation of filing a termination of parental 
 25.30  rights petition, the agency shall send notice to the relatives, 
 25.31  any adult with whom the child is currently residing, any adult 
 25.32  with whom the child has resided for one year or longer in the 
 25.33  past, and any adults who have maintained a relationship or 
 25.34  exercised visitation with the child as identified in the agency 
 25.35  case plan.  The notice must state that a permanent home is 
 25.36  sought for the child and that the individuals receiving the 
 26.1   notice may indicate to the agency their interest in providing a 
 26.2   permanent home.  The notice must state that within 30 days of 
 26.3   receipt of the notice an individual receiving the notice must 
 26.4   indicate to the agency the individual's interest in providing a 
 26.5   permanent home for the child or that the individual may lose the 
 26.6   opportunity to be considered for a permanent placement.  This 
 26.7   notice need not be sent if the child is placed with an 
 26.8   appropriate relative who wishes to provide a permanent home for 
 26.9   the child. 
 26.10     Sec. 16.  Minnesota Statutes 1998, section 257.071, 
 26.11  subdivision 1e, is amended to read: 
 26.12     Subd. 1e.  [CHANGE IN PLACEMENT.] If a child is removed 
 26.13  from a permanent placement disposition authorized under section 
 26.14  260.191, subdivision 3b, within one year after the placement was 
 26.15  made: 
 26.16     (1) the child must be returned to the residential facility 
 26.17  where the child was placed immediately preceding the permanent 
 26.18  placement; or 
 26.19     (2) the court shall hold a hearing within ten days after 
 26.20  the child is ~~taken into custody~~ removed from the permanent 
 26.21  placement to determine where the child is to be placed.  A 
 26.22  guardian ad litem must be appointed for the child for this 
 26.23  hearing. 
 26.24     Sec. 17.  Minnesota Statutes 1998, section 257.071, 
 26.25  subdivision 3, is amended to read: 
 26.26     Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
 26.27  provided in subdivision 4, if the child has been placed in a 
 26.28  residential facility pursuant to a voluntary release by the 
 26.29  parent or parents, and is not returned home within 90 days after 
 26.30  initial placement in the residential facility, the social 
 26.31  ~~service~~ services agency responsible for the placement shall: 
 26.32     (1) return the child to the home of the parent or parents; 
 26.33  or 
 26.34     (2) file a petition according to section 260.131, 
 26.35  subdivision 1, which may: 
 26.36     (i) ask the court to review the placement and approve it 
 27.1   for up to ~~extend the placement for~~ an additional 90 days~~.~~; 
 27.2      (ii) ask the court to order continued out-of-home placement 
 27.3   according to sections 260.172 and 260.191; or 
 27.4      (iii) ask the court to terminate parental rights under 
 27.5   section 260.221. 
 27.6      The case plan must be updated when a petition is filed and 
 27.7   must include a specific plan for permanency which may include a 
 27.8   time line for returning the child home or a plan for permanent 
 27.9   placement of the child away from the parent, or both.  
 27.10     If the court approves ~~the extension~~ continued out-of-home 
 27.11  placement for up to 90 more days, at the end of the 
 27.12  ~~second~~ court-approved 90-day period, the child must be returned 
 27.13  to the parent's home~~, unless a petition is~~.  If the child is not 
 27.14  returned home, the responsible social services agency must 
 27.15  proceed on the petition filed ~~for a~~ alleging the child in need 
 27.16  of protection or services or the petition for termination of 
 27.17  parental rights.  The court must find a statutory basis to order 
 27.18  the placement of the child under section 260.172, 260.191, or 
 27.19  260.241. 
 27.20     Sec. 18.  Minnesota Statutes 1998, section 257.071, 
 27.21  subdivision 4, is amended to read: 
 27.22     Subd. 4.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
 27.23  EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
 27.24  disabled child, as that term is defined in United States Code, 
 27.25  title 42, section 6001 (7), as amended through December 31, 
 27.26  1979, or a child diagnosed with an emotional handicap as defined 
 27.27  in section 252.27, subdivision 1a, has been placed in a 
 27.28  residential facility pursuant to a voluntary release by the 
 27.29  child's parent or parents because of the child's handicapping 
 27.30  conditions or need for long-term residential treatment or 
 27.31  supervision, the social ~~service~~ services agency responsible for 
 27.32  the placement shall bring a petition for review of the child's 
 27.33  foster care status, pursuant to section 260.131, ~~subdivision 1a,~~ 
 27.34  ~~rather than a~~ after the child has been in placement for six 
 27.35  months.  If a child is in placement due solely to the child's 
 27.36  handicapping condition and custody of the child is not 
 28.1   transferred to the responsible social services agency under 
 28.2   section 260.191, subdivision 1, paragraph (a), clause (2), no 
 28.3   petition ~~as~~ is required by section 260.191, subdivision 3b~~,~~ 
 28.4   ~~after the child has been in foster care for six months or, in~~ 
 28.5   ~~the case of a child with an emotional handicap, after the child~~ 
 28.6   ~~has been in a residential facility for six months~~.  Whenever a 
 28.7   petition for review is brought pursuant to this subdivision, a 
 28.8   guardian ad litem shall be appointed for the child. 
 28.9      Sec. 19.  Minnesota Statutes 1998, section 257.85, 
 28.10  subdivision 2, is amended to read: 
 28.11     Subd. 2.  [SCOPE.] The provisions of this section apply to 
 28.12  those situations in which the legal and physical custody of a 
 28.13  child is established with a relative or important friend with 
 28.14  whom the child has resided or had significant contact according 
 28.15  to section 260.191, subdivision 3b, by a court order issued on 
 28.16  or after July 1, 1997.  
 28.17     Sec. 20.  Minnesota Statutes 1998, section 257.85, 
 28.18  subdivision 3, is amended to read: 
 28.19     Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
 28.20  terms defined in this subdivision have the meanings given them. 
 28.21     (a) "~~AFDC or~~ MFIP standard" means the ~~monthly standard of~~ 
 28.22  ~~need used to calculate assistance under the AFDC program, the~~ 
 28.23  transitional standard used to calculate assistance under the 
 28.24  MFIP-S program, or, if ~~neither of those is applicable~~ permanent 
 28.25  legal and physical custody of the child is given to a relative 
 28.26  custodian residing outside of Minnesota, the analogous 
 28.27  transitional standard or standard of need used to calculate 
 28.28  assistance under the ~~MFIP or MFIP-R programs~~ TANF program of the 
 28.29  state where the relative custodian lives. 
 28.30     (b) "Local agency" means the local social ~~service~~ services 
 28.31  agency with legal custody of a child prior to the transfer of 
 28.32  permanent legal and physical custody ~~to a relative~~. 
 28.33     (c) "Permanent legal and physical custody" means permanent 
 28.34  legal and physical custody ordered by a Minnesota juvenile court 
 28.35  under section 260.191, subdivision 3b. 
 28.36     (d) "Relative" means an individual, other than a parent, 
 29.1   who is related to a child by blood, marriage, or adoption. 
 29.2      (e) "Relative custodian" means a ~~relative of a child for~~ 
 29.3   ~~whom the relative~~ person who has permanent legal and physical 
 29.4   custody of a child.  When siblings, including half-siblings and 
 29.5   step siblings, are placed together in ~~the~~ permanent legal and 
 29.6   physical custody ~~of a relative of one of the siblings~~, the 
 29.7   person receiving permanent legal and physical custody of the 
 29.8   siblings is considered a relative custodian of all of the 
 29.9   siblings for purposes of this section. 
 29.10     (f) "Relative custody assistance agreement" means an 
 29.11  agreement entered into between a local agency and ~~the relative~~ 
 29.12  ~~of~~ a ~~child~~ person who has been or will be awarded permanent 
 29.13  legal and physical custody of ~~the~~ a child. 
 29.14     (g) "Relative custody assistance payment" means a monthly 
 29.15  cash grant made to a relative custodian pursuant to a relative 
 29.16  custody assistance agreement and in an amount calculated under 
 29.17  subdivision 7. 
 29.18     (h) "Remains in the physical custody of the relative 
 29.19  custodian" means that the relative custodian is providing 
 29.20  day-to-day care for the child and that the child lives with the 
 29.21  relative custodian; absence from the relative custodian's home 
 29.22  for a period of more than 120 days raises a presumption that the 
 29.23  child no longer remains in the physical custody of the relative 
 29.24  custodian. 
 29.25     Sec. 21.  Minnesota Statutes 1998, section 257.85, 
 29.26  subdivision 4, is amended to read: 
 29.27     Subd. 4.  [DUTIES OF LOCAL AGENCY.] (a) When a local agency 
 29.28  seeks a court order under section 260.191, subdivision 3b, to 
 29.29  establish permanent legal and physical custody of a child with a 
 29.30  relative or important friend with whom the child has resided or 
 29.31  had significant contact, or if such an order is issued by the 
 29.32  court, the local agency shall perform the duties in this 
 29.33  subdivision. 
 29.34     (b) As soon as possible after the local agency determines 
 29.35  that it will seek to establish permanent legal and physical 
 29.36  custody of the child ~~with a relative~~ or, if the agency did not 
 30.1   seek to establish custody, as soon as possible after the 
 30.2   issuance of the court order establishing custody, the local 
 30.3   agency shall inform the relative custodian about the relative 
 30.4   custody assistance program, including eligibility criteria and 
 30.5   payment levels.  Anytime prior to, but not later than seven days 
 30.6   after, the date the court issues the order establishing 
 30.7   permanent legal and physical custody of the child ~~with a~~ 
 30.8   ~~relative~~, the local agency shall determine whether the 
 30.9   eligibility criteria in subdivision 6 are met to allow the 
 30.10  relative custodian to receive relative custody assistance.  Not 
 30.11  later than seven days after determining whether the eligibility 
 30.12  criteria are met, the local agency shall inform the relative 
 30.13  custodian of its determination and of the process for appealing 
 30.14  that determination under subdivision 9. 
 30.15     (c) If the local agency determines that the relative 
 30.16  custodian is eligible to receive relative custody assistance, 
 30.17  the local agency shall prepare the relative custody assistance 
 30.18  agreement and ensure that it meets the criteria of subdivision 6.
 30.19     (d) The local agency shall make monthly payments to the 
 30.20  relative custodian as set forth in the relative custody 
 30.21  assistance agreement.  On a quarterly basis and on a form to be 
 30.22  provided by the commissioner, the local agency shall make claims 
 30.23  for reimbursement from the commissioner for relative custody 
 30.24  assistance payments made. 
 30.25     (e) For a relative custody assistance agreement that is in 
 30.26  place for longer than one year, and as long as the agreement 
 30.27  remains in effect, the local agency shall send an annual 
 30.28  affidavit form to the relative custodian of the eligible child 
 30.29  within the month before the anniversary date of the agreement.  
 30.30  The local agency shall monitor whether the annual affidavit is 
 30.31  returned by the relative custodian within 30 days following the 
 30.32  anniversary date of the agreement.  The local agency shall 
 30.33  review the affidavit and any other information in its possession 
 30.34  to ensure continuing eligibility for relative custody assistance 
 30.35  and that the amount of payment made according to the agreement 
 30.36  is correct. 
 31.1      (f) When the local agency determines that a relative 
 31.2   custody assistance agreement should be terminated or modified, 
 31.3   it shall provide notice of the proposed termination or 
 31.4   modification to the relative custodian at least ten days before 
 31.5   the proposed action along with information about the process for 
 31.6   appealing the proposed action. 
 31.7      Sec. 22.  Minnesota Statutes 1998, section 257.85, 
 31.8   subdivision 5, is amended to read: 
 31.9      Subd. 5.  [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A 
 31.10  relative custody assistance agreement will not be effective, 
 31.11  unless it is signed by the local agency and the relative 
 31.12  custodian no later than 30 days after the date of the order 
 31.13  establishing permanent legal and physical custody ~~with the~~ 
 31.14  ~~relative~~, except that a local agency may enter into a relative 
 31.15  custody assistance agreement with a relative custodian more than 
 31.16  30 days after the date of the order if it certifies that the 
 31.17  delay in entering the agreement was through no fault of the 
 31.18  relative custodian.  There must be a separate agreement for each 
 31.19  child for whom the relative custodian is receiving relative 
 31.20  custody assistance. 
 31.21     (b) Regardless of when the relative custody assistance 
 31.22  agreement is signed by the local agency and relative custodian, 
 31.23  the effective date of the agreement shall be the date of the 
 31.24  order establishing permanent legal and physical custody. 
 31.25     (c) If MFIP-S is not the applicable program for a child at 
 31.26  the time that a relative custody assistance agreement is entered 
 31.27  on behalf of the child, when MFIP-S becomes the applicable 
 31.28  program, if the relative custodian had been receiving custody 
 31.29  assistance payments calculated based upon a different program, 
 31.30  the amount of relative custody assistance payment under 
 31.31  subdivision 7 shall be recalculated under the MFIP-S program. 
 31.32     (d) The relative custody assistance agreement shall be in a 
 31.33  form specified by the commissioner and shall include provisions 
 31.34  relating to the following: 
 31.35     (1) the responsibilities of all parties to the agreement; 
 31.36     (2) the payment terms, including the financial 
 32.1   circumstances of the relative custodian, the needs of the child, 
 32.2   the amount and calculation of the relative custody assistance 
 32.3   payments, and that the amount of the payments shall be 
 32.4   reevaluated annually; 
 32.5      (3) the effective date of the agreement, which shall also 
 32.6   be the anniversary date for the purpose of submitting the annual 
 32.7   affidavit under subdivision 8; 
 32.8      (4) that failure to submit the affidavit as required by 
 32.9   subdivision 8 will be grounds for terminating the agreement; 
 32.10     (5) the agreement's expected duration, which shall not 
 32.11  extend beyond the child's eighteenth birthday; 
 32.12     (6) any specific known circumstances that could cause the 
 32.13  agreement or payments to be modified, reduced, or terminated and 
 32.14  the relative custodian's appeal rights under subdivision 9; 
 32.15     (7) that the relative custodian must notify the local 
 32.16  agency within 30 days of any of the following: 
 32.17     (i) a change in the child's status; 
 32.18     (ii) a change in the relationship between the relative 
 32.19  custodian and the child; 
 32.20     (iii) a change in composition or level of income of the 
 32.21  relative custodian's family; 
 32.22     (iv) a change in eligibility or receipt of benefits under 
 32.23  ~~AFDC,~~ MFIP-S~~,~~ or other assistance program; and 
 32.24     (v) any other change that could affect eligibility for or 
 32.25  amount of relative custody assistance; 
 32.26     (8) that failure to provide notice of a change as required 
 32.27  by clause (7) will be grounds for terminating the agreement; 
 32.28     (9) that the amount of relative custody assistance is 
 32.29  subject to the availability of state funds to reimburse the 
 32.30  local agency making the payments; 
 32.31     (10) that the relative custodian may choose to temporarily 
 32.32  stop receiving payments under the agreement at any time by 
 32.33  providing 30 days' notice to the local agency and may choose to 
 32.34  begin receiving payments again by providing the same notice but 
 32.35  any payments the relative custodian chooses not to receive are 
 32.36  forfeit; and 
 33.1      (11) that the local agency will continue to be responsible 
 33.2   for making relative custody assistance payments under the 
 33.3   agreement regardless of the relative custodian's place of 
 33.4   residence. 
 33.5      Sec. 23.  Minnesota Statutes 1998, section 257.85, 
 33.6   subdivision 6, is amended to read: 
 33.7      Subd. 6.  [ELIGIBILITY CRITERIA.] A local agency shall 
 33.8   enter into a relative custody assistance agreement under 
 33.9   subdivision 5 if it certifies that the following criteria are 
 33.10  met: 
 33.11     (1) the juvenile court has determined or is expected to 
 33.12  determine that the child, under the former or current custody of 
 33.13  the local agency, cannot return to the home of the child's 
 33.14  parents; 
 33.15     (2) the court, upon determining that it is in the child's 
 33.16  best interests, has issued or is expected to issue an order 
 33.17  transferring permanent legal and physical custody of the child 
 33.18  ~~to the relative~~; and 
 33.19     (3) the child either: 
 33.20     (i) is a member of a sibling group to be placed together; 
 33.21  or 
 33.22     (ii) has a physical, mental, emotional, or behavioral 
 33.23  disability that will require financial support. 
 33.24     When the local agency bases its certification that the 
 33.25  criteria in clause (1) or (2) are met upon the expectation that 
 33.26  the juvenile court will take a certain action, the relative 
 33.27  custody assistance agreement does not become effective until and 
 33.28  unless the court acts as expected. 
 33.29     Sec. 24.  Minnesota Statutes 1998, section 257.85, 
 33.30  subdivision 7, is amended to read: 
 33.31     Subd. 7.  [AMOUNT OF RELATIVE CUSTODY ASSISTANCE PAYMENTS.] 
 33.32  (a) The amount of a monthly relative custody assistance payment 
 33.33  shall be determined according to the provisions of this 
 33.34  paragraph. 
 33.35     (1) The total maximum assistance rate is equal to the base 
 33.36  assistance rate plus, if applicable, the supplemental assistance 
 34.1   rate. 
 34.2      (i) The base assistance rate is equal to the maximum amount 
 34.3   that could be received as basic maintenance for a child of the 
 34.4   same age under the adoption assistance program. 
 34.5      (ii) The local agency shall determine whether the child has 
 34.6   physical, mental, emotional, or behavioral disabilities that 
 34.7   require care, supervision, or structure beyond that ordinarily 
 34.8   provided in a family setting to children of the same age such 
 34.9   that the child would be eligible for supplemental maintenance 
 34.10  payments under the adoption assistance program if an adoption 
 34.11  assistance agreement were entered on the child's behalf.  If the 
 34.12  local agency determines that the child has such a disability, 
 34.13  the supplemental assistance rate shall be the maximum amount of 
 34.14  monthly supplemental maintenance payment that could be received 
 34.15  on behalf of a child of the same age, disabilities, and 
 34.16  circumstances under the adoption assistance program. 
 34.17     (2) The net maximum assistance rate is equal to the total 
 34.18  maximum assistance rate from clause (1) less the following 
 34.19  offsets: 
 34.20     (i) if the child is or will be part of an assistance unit 
 34.21  receiving an ~~AFDC,~~ MFIP-S~~, or other MFIP~~ grant or a grant from a 
 34.22  similar program of another state, the portion of the ~~AFDC or~~ 
 34.23  MFIP standard relating to the child as calculated under 
 34.24  paragraph (b), clause (2); 
 34.25     (ii) Supplemental Security Income payments received by or 
 34.26  on behalf of the child; 
 34.27     (iii) veteran's benefits received by or on behalf of the 
 34.28  child; and 
 34.29     (iv) any other income of the child, including child support 
 34.30  payments made on behalf of the child. 
 34.31     (3) The relative custody assistance payment to be made to 
 34.32  the relative custodian shall be a percentage of the net maximum 
 34.33  assistance rate calculated in clause (2) based upon the gross 
 34.34  income of the relative custodian's family, including the child 
 34.35  for whom the relative custodian has permanent legal and physical 
 34.36  custody.  In no case shall the amount of the relative custody 
 35.1   assistance payment exceed that which the child could qualify for 
 35.2   under the adoption assistance program if an adoption assistance 
 35.3   agreement were entered on the child's behalf.  The relative 
 35.4   custody assistance payment shall be calculated as follows: 
 35.5      (i) if the relative custodian's gross family income is less 
 35.6   than or equal to 200 percent of federal poverty guidelines, the 
 35.7   relative custody assistance payment shall be the full amount of 
 35.8   the net maximum assistance rate; 
 35.9      (ii) if the relative custodian's gross family income is 
 35.10  greater than 200 percent and less than or equal to 225 percent 
 35.11  of federal poverty guidelines, the relative custody assistance 
 35.12  payment shall be 80 percent of the net maximum assistance rate; 
 35.13     (iii) if the relative custodian's gross family income is 
 35.14  greater than 225 percent and less than or equal to 250 percent 
 35.15  of federal poverty guidelines, the relative custody assistance 
 35.16  payment shall be 60 percent of the net maximum assistance rate; 
 35.17     (iv) if the relative custodian's gross family income is 
 35.18  greater than 250 percent and less than or equal to 275 percent 
 35.19  of federal poverty guidelines, the relative custody assistance 
 35.20  payment shall be 40 percent of the net maximum assistance rate; 
 35.21     (v) if the relative custodian's gross family income is 
 35.22  greater than 275 percent and less than or equal to 300 percent 
 35.23  of federal poverty guidelines, the relative custody assistance 
 35.24  payment shall be 20 percent of the net maximum assistance rate; 
 35.25  or 
 35.26     (vi) if the relative custodian's gross family income is 
 35.27  greater than 300 percent of federal poverty guidelines, no 
 35.28  relative custody assistance payment shall be made. 
 35.29     (b) ~~This paragraph specifies the provisions pertaining to~~ 
 35.30  ~~the relationship between relative custody assistance and AFDC,~~ 
 35.31  ~~MFIP-S, or other MFIP programs~~ The following provisions cover 
 35.32  the relationship between relative custody assistance and 
 35.33  assistance programs: 
 35.34     (1) The relative custodian of a child for whom the relative 
 35.35  custodian is receiving relative custody assistance is expected 
 35.36  to seek whatever assistance is available for the child 
 36.1   through ~~the AFDC,~~ MFIP-S~~,~~ or ~~other MFIP~~, if the relative 
 36.2   custodian resides in a state other than Minnesota, similar 
 36.3   programs of that state.  If a relative custodian fails to apply 
 36.4   for assistance through ~~AFDC,~~ MFIP-S~~,~~ or other ~~MFIP~~ program for 
 36.5   which the child is eligible, the child's portion of the ~~AFDC or~~ 
 36.6   MFIP standard will be calculated as if application had been made 
 36.7   and assistance received~~;~~. 
 36.8      (2) The portion of the ~~AFDC or~~ MFIP standard relating to 
 36.9   each child for whom relative custody assistance is being 
 36.10  received shall be calculated as follows: 
 36.11     (i) determine the total ~~AFDC or~~ MFIP standard for the 
 36.12  assistance unit; 
 36.13     (ii) determine the amount that the ~~AFDC or~~ MFIP standard 
 36.14  would have been if the assistance unit had not included the 
 36.15  children for whom relative custody assistance is being received; 
 36.16     (iii) subtract the amount determined in item (ii) from the 
 36.17  amount determined in item (i); and 
 36.18     (iv) divide the result in item (iii) by the number of 
 36.19  children for whom relative custody assistance is being received 
 36.20  that are part of the assistance unit~~; or~~. 
 36.21     (3) If a child for whom relative custody assistance is 
 36.22  being received is not eligible for assistance through ~~the AFDC,~~ 
 36.23  MFIP-S~~,~~ or ~~other MFIP~~ similar programs of another state, the 
 36.24  portion of ~~AFDC or~~ MFIP standard relating to that child shall be 
 36.25  equal to zero. 
 36.26     Sec. 25.  Minnesota Statutes 1998, section 257.85, 
 36.27  subdivision 9, is amended to read: 
 36.28     Subd. 9.  [RIGHT OF APPEAL.] A relative custodian who 
 36.29  enters or seeks to enter into a relative custody assistance 
 36.30  agreement with a local agency has the right to appeal to the 
 36.31  commissioner according to section 256.045 when the local agency 
 36.32  establishes, denies, terminates, or modifies the agreement.  
 36.33  Upon appeal, the commissioner may review only: 
 36.34     (1) whether the local agency has met the legal requirements 
 36.35  imposed by this chapter for establishing, denying, terminating, 
 36.36  or modifying the agreement; 
 37.1      (2) whether the amount of the relative custody assistance 
 37.2   payment was correctly calculated under the method in subdivision 
 37.3   7; 
 37.4      (3) whether the local agency paid for correct time periods 
 37.5   under the relative custody assistance agreement; 
 37.6      (4) whether the child remains in the physical custody of 
 37.7   the relative custodian; 
 37.8      (5) whether the local agency correctly ~~calculated~~ modified 
 37.9   the amount of the supplemental assistance rate based on a change 
 37.10  in the child's physical, mental, emotional, or behavioral needs, 
 37.11  or based on the relative custodian's failure to ~~document~~ provide 
 37.12  documentation, after the local agency has requested such 
 37.13  documentation, that the ~~continuing need for the supplemental~~ 
 37.14  ~~assistance rate after the local agency has requested such~~ 
 37.15  ~~documentation~~ child continues to have physical, mental, 
 37.16  emotional, or behavioral needs that support the current amount 
 37.17  of relative custody assistance; and 
 37.18     (6) whether the local agency correctly ~~calculated~~ modified 
 37.19  or terminated the amount of relative custody assistance based on 
 37.20  a change in the gross income of the relative custodian's family 
 37.21  or based on the relative custodian's failure to provide 
 37.22  documentation of the gross income of the relative custodian's 
 37.23  family after the local agency has requested such documentation. 
 37.24     Sec. 26.  Minnesota Statutes 1998, section 257.85, 
 37.25  subdivision 11, is amended to read: 
 37.26     Subd. 11.  [FINANCIAL CONSIDERATIONS.] (a) Payment of 
 37.27  relative custody assistance under a relative custody assistance 
 37.28  agreement is subject to the availability of state funds and 
 37.29  payments may be reduced or suspended on order of the 
 37.30  commissioner if insufficient funds are available. 
 37.31     (b) Upon receipt from a local agency of a claim for 
 37.32  reimbursement, the commissioner shall reimburse the local agency 
 37.33  in an amount equal to 100 percent of the relative custody 
 37.34  assistance payments provided to relative custodians.  The local 
 37.35  agency may not seek and the commissioner shall not provide 
 37.36  reimbursement for the administrative costs associated with 
 38.1   performing the duties described in subdivision 4. 
 38.2      (c) For the purposes of determining eligibility or payment 
 38.3   amounts under ~~the AFDC,~~ MFIP-S, ~~and other MFIP programs,~~ 
 38.4   relative custody assistance payments shall be ~~considered~~ 
 38.5   excluded in determining the family's available income. 
 38.6      Sec. 27.  Minnesota Statutes 1998, section 259.67, 
 38.7   subdivision 6, is amended to read: 
 38.8      Subd. 6.  [RIGHT OF APPEAL.] (a) The adoptive parents have 
 38.9   the right to appeal to the commissioner pursuant to section 
 38.10  256.045, when the commissioner denies, discontinues, or modifies 
 38.11  the agreement.  
 38.12     (b) Adoptive parents who believe that their adopted child 
 38.13  was incorrectly denied adoption assistance, or who did not seek 
 38.14  adoption assistance on the child's behalf because of being 
 38.15  provided with inaccurate or insufficient information about the 
 38.16  child or the adoption assistance program, may request a hearing 
 38.17  under section 256.045.  Notwithstanding subdivision 2, the 
 38.18  purpose of the hearing shall be to determine whether, under 
 38.19  standards established by the federal Department of Health and 
 38.20  Human Services, the circumstances surrounding the child's 
 38.21  adoption warrant making an adoption assistance agreement on 
 38.22  behalf of the child after the final decree of adoption has been 
 38.23  issued.  The commissioner shall enter into an adoption 
 38.24  assistance agreement on the child's behalf if it is determined 
 38.25  that:  (1) at the time of the adoption and at the time the 
 38.26  request for a hearing was submitted the child was eligible for 
 38.27  adoption assistance under United States Code, title 42, chapter 
 38.28  7, subchapter IV, part E, sections 670 to 679a, at the time of 
 38.29  the adoption ~~and at the time the request for a hearing was~~ 
 38.30  ~~submitted but, because of extenuating circumstances, did not~~ 
 38.31  ~~receive~~ or for state funded adoption assistance under 
 38.32  subdivision 4; and (2) an adoption assistance agreement was not 
 38.33  entered into on behalf of the child before the final decree of 
 38.34  adoption because of extenuating circumstances as the term is 
 38.35  used in the standards established by the federal Department of 
 38.36  Health and Human Service.  An adoption assistance agreement made 
 39.1   under this paragraph shall be effective the date the request for 
 39.2   a hearing was received by the commissioner or the local agency. 
 39.3      Sec. 28.  Minnesota Statutes 1998, section 259.67, 
 39.4   subdivision 7, is amended to read: 
 39.5      Subd. 7.  [REIMBURSEMENT OF COSTS.] (a) Subject to rules of 
 39.6   the commissioner, and the provisions of this subdivision 
 39.7   a ~~Minnesota-licensed~~ child-placing agency licensed in Minnesota 
 39.8   or any other state, or local social services agency shall 
 39.9   receive a reimbursement from the commissioner equal to 100 
 39.10  percent of the reasonable and appropriate cost of providing 
 39.11  adoption services for a child certified as eligible for adoption 
 39.12  assistance under subdivision 4.  Such assistance may include 
 39.13  adoptive family recruitment, counseling, and special training 
 39.14  when needed.  A ~~Minnesota-licensed~~ child-placing agency licensed 
 39.15  in Minnesota or any other state shall receive reimbursement for 
 39.16  adoption services it purchases for or directly provides to an 
 39.17  eligible child.  A local social services agency shall receive 
 39.18  such reimbursement only for adoption services it purchases for 
 39.19  an eligible child. 
 39.20     (b) A ~~Minnesota-licensed~~ child-placing agency licensed in 
 39.21  Minnesota or any other state or local social services agency 
 39.22  seeking reimbursement under this subdivision shall enter into a 
 39.23  reimbursement agreement with the commissioner before providing 
 39.24  adoption services for which reimbursement is sought.  No 
 39.25  reimbursement under this subdivision shall be made to an agency 
 39.26  for services provided prior to entering a reimbursement 
 39.27  agreement.  Separate reimbursement agreements shall be made for 
 39.28  each child and separate records shall be kept on each child for 
 39.29  whom a reimbursement agreement is made.  Funds encumbered and 
 39.30  obligated under such an agreement for the child remain available 
 39.31  until the terms of the agreement are fulfilled or the agreement 
 39.32  is terminated. 
 39.33     (c) When a local social services agency uses a purchase of 
 39.34  service agreement to provide services reimbursable under a 
 39.35  reimbursement agreement, the commissioner may make reimbursement 
 39.36  payments directly to the agency providing the service if direct 
 40.1   reimbursement is specified by the purchase of service agreement, 
 40.2   and if the request for reimbursement is submitted by the local 
 40.3   social services agency along with a verification that the 
 40.4   service was provided. 
 40.5      Sec. 29.  Minnesota Statutes 1998, section 259.73, is 
 40.6   amended to read: 
 40.7      259.73 [REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.] 
 40.8      The commissioner of human services shall provide 
 40.9   reimbursement of up to $2,000 to the adoptive parent or parents 
 40.10  for costs incurred in adopting a child with special needs.  The 
 40.11  commissioner shall determine the child's eligibility for 
 40.12  adoption expense reimbursement under title IV-E of the Social 
 40.13  Security Act, United States Code, title 42, sections 670 to 
 40.14  676.  To be reimbursed, costs must be reasonable, necessary, and 
 40.15  directly related to the legal adoption of the child. 
 40.16     Sec. 30.  Minnesota Statutes 1998, section 259.85, 
 40.17  subdivision 2, is amended to read: 
 40.18     Subd. 2.  [ELIGIBILITY CRITERIA.] A child may be certified 
 40.19  by the local social ~~service~~ services agency as eligible for a 
 40.20  postadoption service grant after a final decree of adoption ~~and~~ 
 40.21  ~~before the child's 18th birthday~~ if: 
 40.22     ~~(a)~~ (1) the child was a ward of the commissioner or a 
 40.23  Minnesota licensed child-placing agency before adoption; 
 40.24     ~~(b)~~ (2) the child had special needs at the time of adoption.
 40.25  For the purposes of this section, "special needs" means a child 
 40.26  who had a physical, mental, emotional, or behavioral disability 
 40.27  at the time of an adoption or has a preadoption background to 
 40.28  which the current development of such disabilities can be 
 40.29  attributed; ~~and~~ 
 40.30     ~~(c)~~ (3) the adoptive parents have exhausted all other 
 40.31  available resources.  Available resources include public income 
 40.32  support programs, medical assistance, health insurance coverage, 
 40.33  services available through community resources, and any other 
 40.34  private or public benefits or resources available to the family 
 40.35  or to the child to meet the child's special needs; and 
 40.36     (4) the child is under 18 years of age or, if the child is 
 41.1   under 22 years of age and remains dependent on the adoptive 
 41.2   parent or parents for care and financial support and is enrolled 
 41.3   in a secondary education program as a full-time student.  
 41.4      Sec. 31.  Minnesota Statutes 1998, section 259.85, 
 41.5   subdivision 3, is amended to read: 
 41.6      Subd. 3.  [CERTIFICATION STATEMENT.] The local social 
 41.7   ~~service~~ services agency shall certify a child's eligibility for 
 41.8   a postadoption service grant in writing to the commissioner.  
 41.9   The certification statement shall include:  
 41.10     (1) a description and history of the special needs upon 
 41.11  which eligibility is based; ~~and~~ 
 41.12     (2) separate certification for each of the eligibility 
 41.13  criteria under subdivision 2, that the criteria is met; and 
 41.14     (3) applicable supporting documentation including: 
 41.15     (i) the child's individual service plan; 
 41.16     (ii) medical, psychological, or special education 
 41.17  evaluations; 
 41.18     (iii) documentation that all other resources have been 
 41.19  exhausted; and 
 41.20     (iv) an estimate of the costs necessary to meet the special 
 41.21  needs of the child.  
 41.22     Sec. 32.  Minnesota Statutes 1998, section 259.85, 
 41.23  subdivision 5, is amended to read: 
 41.24     Subd. 5.  [GRANT PAYMENTS.] The amount of the postadoption 
 41.25  service grant payment shall be based on the special needs of the 
 41.26  child and the determination that other resources to meet those 
 41.27  special needs are not available.  The amount of any grant 
 41.28  payments shall be based on the severity of the child's 
 41.29  disability and the effect of the disability on the family and 
 41.30  must not exceed $10,000 annually.  Adoptive parents are eligible 
 41.31  for grant payments until their child's 18th birthday, or if the 
 41.32  child is under 22 years of age and remains dependent on the 
 41.33  adoptive parent or parents for care and financial support and is 
 41.34  enrolled in a secondary education program as a full-time student.
 41.35     Permissible expenses that may be paid from grants shall be 
 41.36  limited to:  
 42.1      (1) medical expenses not covered by the family's health 
 42.2   insurance or medical assistance; 
 42.3      (2) therapeutic expenses, including individual and family 
 42.4   therapy; and 
 42.5      (3) nonmedical services, items, or equipment required to 
 42.6   meet the special needs of the child.  
 42.7      The grants under this section shall not be used for 
 42.8   maintenance for out-of-home placement of the child in substitute 
 42.9   care. 
 42.10     Sec. 33.  Minnesota Statutes 1998, section 259.89, is 
 42.11  amended by adding a subdivision to read: 
 42.12     Subd. 6.  [DETERMINATION OF ELIGIBILITY FOR ENROLLMENT OR 
 42.13  MEMBERSHIP IN A FEDERALLY RECOGNIZED AMERICAN INDIAN TRIBE.] The 
 42.14  state registrar shall provide a copy of an adopted person's 
 42.15  original birth certificate to an authorized representative of a 
 42.16  federally recognized American Indian tribe for the sole purpose 
 42.17  of determining the adopted person's eligibility for enrollment 
 42.18  or membership in the tribe. 
 42.19     Sec. 34.  Minnesota Statutes 1998, section 260.011, 
 42.20  subdivision 2, is amended to read: 
 42.21     Subd. 2.  (a) The paramount consideration in all 
 42.22  proceedings concerning a child alleged or found to be in need of 
 42.23  protection or services is the health, safety, and best interests 
 42.24  of the child.  In proceedings involving an American Indian 
 42.25  child, as defined in section 257.351, subdivision 6, the best 
 42.26  interests of the child must be determined consistent with 
 42.27  sections 257.35 to 257.3579 and the Indian Child Welfare Act, 
 42.28  United States Code, title 25, sections 1901 to 1923.  The 
 42.29  purpose of the laws relating to juvenile courts is to secure for 
 42.30  each child alleged or adjudicated in need of protection or 
 42.31  services and under the jurisdiction of the court, the care and 
 42.32  guidance, preferably in the child's own home, as will best serve 
 42.33  the spiritual, emotional, mental, and physical welfare of the 
 42.34  child; to provide judicial procedures which protect the welfare 
 42.35  of the child; to preserve and strengthen the child's family ties 
 42.36  whenever possible and in the child's best interests, removing 
 43.1   the child from the custody of parents only when the child's 
 43.2   welfare or safety cannot be adequately safeguarded without 
 43.3   removal; and, when removal from the child's own family is 
 43.4   necessary and in the child's best interests, to secure for the 
 43.5   child custody, care and discipline as nearly as possible 
 43.6   equivalent to that which should have been given by the parents.  
 43.7      (b) The purpose of the laws relating to termination of 
 43.8   parental rights is to ensure that: 
 43.9      (1) when required and appropriate, reasonable efforts have 
 43.10  been made by the social ~~service~~ services agency to reunite the 
 43.11  child with the child's parents in a ~~placement~~ home that is safe 
 43.12  and permanent; and 
 43.13     (2) if placement with the parents is not reasonably 
 43.14  foreseeable, to secure for the child a safe and permanent 
 43.15  placement, preferably with adoptive parents or a fit and willing 
 43.16  relative through transfer of permanent legal and physical 
 43.17  custody to that relative. 
 43.18     Nothing in this section requires reasonable efforts to be 
 43.19  made in circumstances where the court has determined that the 
 43.20  child has been subjected to egregious harm or the parental 
 43.21  rights of the parent to a sibling have been involuntarily 
 43.22  terminated. 
 43.23     The paramount consideration in all proceedings for the 
 43.24  termination of parental rights is the best interests of the 
 43.25  child.  In proceedings involving an American Indian child, as 
 43.26  defined in section 257.351, subdivision 6, the best interests of 
 43.27  the child must be determined consistent with the Indian Child 
 43.28  Welfare Act of 1978, United States Code, title 25, section 1901, 
 43.29  et seq.  
 43.30     (c) The purpose of the laws relating to children alleged or 
 43.31  adjudicated to be delinquent is to promote the public safety and 
 43.32  reduce juvenile delinquency by maintaining the integrity of the 
 43.33  substantive law prohibiting certain behavior and by developing 
 43.34  individual responsibility for lawful behavior.  This purpose 
 43.35  should be pursued through means that are fair and just, that 
 43.36  recognize the unique characteristics and needs of children, and 
 44.1   that give children access to opportunities for personal and 
 44.2   social growth.  
 44.3      (d) The laws relating to juvenile courts shall be liberally 
 44.4   construed to carry out these purposes.  
 44.5      Sec. 35.  Minnesota Statutes 1998, section 260.012, is 
 44.6   amended to read: 
 44.7      260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 44.8   REUNIFICATION; REASONABLE EFFORTS.] 
 44.9      (a) ~~If~~ Once a child alleged to be in need of protection or 
 44.10  services is under the court's jurisdiction, the court shall 
 44.11  ensure that reasonable efforts including culturally appropriate 
 44.12  services by the social ~~service~~ services agency are made to 
 44.13  prevent placement or to eliminate the need for removal and to 
 44.14  reunite the child with the child's family at the earliest 
 44.15  possible time, consistent with the best interests, safety, and 
 44.16  protection of the child.  ~~The court may, upon motion and~~ 
 44.17  ~~hearing, order the cessation of reasonable efforts if the court~~ 
 44.18  ~~finds that provision of services or further services for the~~ 
 44.19  ~~purpose of rehabilitation and reunification is futile and~~ 
 44.20  ~~therefore unreasonable under the circumstances.~~  In determining 
 44.21  reasonable efforts to be made with respect to a child and in 
 44.22  making those reasonable efforts, the child's health and safety 
 44.23  must be of paramount concern.  Reasonable efforts for 
 44.24  rehabilitation and reunification are not required ~~if~~ upon a 
 44.25  determination by the court ~~determines~~ that: 
 44.26     (1) a termination of parental rights petition has been 
 44.27  filed stating a prima facie case that: 
 44.28     (i) the parent has subjected ~~the~~ a child to egregious harm 
 44.29  as defined in section 260.015, subdivision 29~~, or~~; 
 44.30     (ii) the parental rights of the parent to ~~a sibling~~ another 
 44.31  child have been terminated involuntarily; or 
 44.32     (iii) the child is an abandoned infant under section 
 44.33  260.221, subdivision 1a, paragraph (a), clause (2); 
 44.34     (2) the county attorney has filed a determination not to 
 44.35  proceed with a termination of parental rights petition on these 
 44.36  grounds was made under section 260.221, subdivision 1b, 
 45.1   paragraph (b), and a permanency hearing is held within 30 days 
 45.2   of the determination~~.~~; or 
 45.3      (3) a termination of parental rights petition or other 
 45.4   petition according to section 260.191, subdivision 3b, has been 
 45.5   filed alleging a prima facie case that the provision of services 
 45.6   or further services for the purpose of reunification is futile 
 45.7   and therefore unreasonable under the circumstances. 
 45.8      In the case of an Indian child, in proceedings under 
 45.9   sections 260.172, 260.191, and 260.221 the juvenile court must 
 45.10  make findings and conclusions consistent with the Indian Child 
 45.11  Welfare Act of 1978, United States Code, title 25, section 1901 
 45.12  et seq., as to the provision of active efforts.  If a child is 
 45.13  under the court's delinquency jurisdiction, it shall be the duty 
 45.14  of the court to ensure that reasonable efforts are made to 
 45.15  reunite the child with the child's family at the earliest 
 45.16  possible time, consistent with the best interests of the child 
 45.17  and the safety of the public. 
 45.18     (b) "Reasonable efforts" means the exercise of due 
 45.19  diligence by the responsible social ~~service~~ services agency to 
 45.20  use appropriate and available services to meet the needs of the 
 45.21  child and the child's family in order to prevent removal of the 
 45.22  child from the child's family; or upon removal, services to 
 45.23  eliminate the need for removal and reunite the family.  
 45.24     (1) Services may include those listed under section 
 45.25  256F.07, subdivision 3, and other appropriate services available 
 45.26  in the community.  
 45.27     (2) At each stage of the proceedings where the court is 
 45.28  required to review the appropriateness of the responsible social 
 45.29  services agency's reasonable efforts, the social ~~service~~ 
 45.30  services agency has the burden of demonstrating that it has made 
 45.31  reasonable efforts, or that provision of services or further 
 45.32  services for the purpose of rehabilitation and reunification is 
 45.33  futile and therefore unreasonable under the circumstances~~.~~ or 
 45.34  that reasonable efforts aimed at reunification are not required 
 45.35  under this section.  The agency may meet this burden by stating 
 45.36  facts in a sworn petition filed under section 260.131, or by 
 46.1   filing an affidavit summarizing the agency's reasonable efforts 
 46.2   or facts the agency believes demonstrate there is no need for 
 46.3   reasonable efforts to reunify the parent and child. 
 46.4      (3) No reasonable efforts for reunification are required 
 46.5   when the court makes a determination under paragraph (a) unless, 
 46.6   after a hearing according to section 260.155, the court finds 
 46.7   there is not clear and convincing evidence of the facts upon 
 46.8   which the court based its prima facie determination.  In this 
 46.9   case, the court may proceed under section 260.235.  
 46.10  Reunification of a surviving child with a parent is not required 
 46.11  if the parent has been convicted of: 
 46.12     ~~(1)~~ (i) a violation of, or an attempt or conspiracy to 
 46.13  commit a violation of, sections 609.185 to 609.20; 609.222, 
 46.14  subdivision 2; or 609.223 in regard to another child of the 
 46.15  parent; 
 46.16     ~~(2)~~ (ii) a violation of section 609.222, subdivision 2; or 
 46.17  609.223, in regard to the surviving child; or 
 46.18     ~~(3)~~ (iii) a violation of, or an attempt or conspiracy to 
 46.19  commit a violation of, United States Code, title 18, section 
 46.20  1111(a) or 1112(a), in regard to another child of the parent. 
 46.21     (c) The juvenile court, in proceedings under sections 
 46.22  260.172, 260.191, and 260.221 shall make findings and 
 46.23  conclusions as to the provision of reasonable efforts.  When 
 46.24  determining whether reasonable efforts have been made, the court 
 46.25  shall consider whether services to the child and family were: 
 46.26     (1) relevant to the safety and protection of the child; 
 46.27     (2) adequate to meet the needs of the child and family; 
 46.28     (3) culturally appropriate; 
 46.29     (4) available and accessible; 
 46.30     (5) consistent and timely; and 
 46.31     (6) realistic under the circumstances. 
 46.32     In the alternative, the court may determine that provision 
 46.33  of services or further services for the purpose of 
 46.34  rehabilitation is futile and therefore unreasonable under the 
 46.35  circumstances or that reasonable efforts are not required as 
 46.36  provided in paragraph (a). 
 47.1      (d) This section does not prevent out-of-home placement for 
 47.2   treatment of a child with a mental disability when the child's 
 47.3   diagnostic assessment or individual treatment plan indicates 
 47.4   that appropriate and necessary treatment cannot be effectively 
 47.5   provided outside of a residential or inpatient treatment program.
 47.6      (e) If continuation of reasonable efforts described in 
 47.7   paragraph (b) is determined by the court to be inconsistent with 
 47.8   the ~~permanency~~ permanent plan for the child, or upon a 
 47.9   determination under paragraph (a), reasonable efforts must be 
 47.10  made to place the child in a timely manner in accordance with 
 47.11  the ~~permanency~~ permanent plan ordered by the court and to 
 47.12  complete whatever steps are necessary to finalize the ~~permanency~~ 
 47.13  permanent plan for the child.  
 47.14     (f) Reasonable efforts to place a child for adoption or in 
 47.15  another permanent placement may be made concurrently with 
 47.16  reasonable efforts as described in paragraphs (a) and (b).  When 
 47.17  the responsible social services agency decides to concurrently 
 47.18  make reasonable efforts for both reunification and permanent 
 47.19  placement away from the parent under paragraphs (a) and (b), the 
 47.20  agency shall disclose its decision and both plans for concurrent 
 47.21  reasonable efforts to all parties and the court.  When the 
 47.22  agency discloses its decision to proceed on both plans for 
 47.23  reunification and permanent placement away from the parent, the 
 47.24  court's review of the agency's reasonable efforts shall include 
 47.25  the agency's efforts under paragraphs (a) and (b). 
 47.26     Sec. 36.  Minnesota Statutes 1998, section 260.015, 
 47.27  subdivision 2a, is amended to read: 
 47.28     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 47.29  "Child in need of protection or services" means a child who is 
 47.30  in need of protection or services because the child: 
 47.31     (1) is abandoned or without parent, guardian, or custodian; 
 47.32     (2)(i) has been a victim of physical or sexual abuse, (ii) 
 47.33  resides with or has resided with a victim of domestic child 
 47.34  abuse as defined in subdivision 24, (iii) resides with or would 
 47.35  reside with a perpetrator of domestic child abuse or child abuse 
 47.36  as defined in subdivision 28, or (iv) is a victim of emotional 
 48.1   maltreatment as defined in subdivision 5a; 
 48.2      (3) is without necessary food, clothing, shelter, 
 48.3   education, or other required care for the child's physical or 
 48.4   mental health or morals because the child's parent, guardian, or 
 48.5   custodian is unable or unwilling to provide that care; 
 48.6      (4) is without the special care made necessary by a 
 48.7   physical, mental, or emotional condition because the child's 
 48.8   parent, guardian, or custodian is unable or unwilling to provide 
 48.9   that care, including a child in voluntary placement according to 
 48.10  release of the parent under section 257.071, subdivision 4; 
 48.11     (5) is medically neglected, which includes, but is not 
 48.12  limited to, the withholding of medically indicated treatment 
 48.13  from a disabled infant with a life-threatening condition.  The 
 48.14  term "withholding of medically indicated treatment" means the 
 48.15  failure to respond to the infant's life-threatening conditions 
 48.16  by providing treatment, including appropriate nutrition, 
 48.17  hydration, and medication which, in the treating physician's or 
 48.18  physicians' reasonable medical judgment, will be most likely to 
 48.19  be effective in ameliorating or correcting all conditions, 
 48.20  except that the term does not include the failure to provide 
 48.21  treatment other than appropriate nutrition, hydration, or 
 48.22  medication to an infant when, in the treating physician's or 
 48.23  physicians' reasonable medical judgment: 
 48.24     (i) the infant is chronically and irreversibly comatose; 
 48.25     (ii) the provision of the treatment would merely prolong 
 48.26  dying, not be effective in ameliorating or correcting all of the 
 48.27  infant's life-threatening conditions, or otherwise be futile in 
 48.28  terms of the survival of the infant; or 
 48.29     (iii) the provision of the treatment would be virtually 
 48.30  futile in terms of the survival of the infant and the treatment 
 48.31  itself under the circumstances would be inhumane; 
 48.32     (6) is one whose parent, guardian, or other custodian for 
 48.33  good cause desires to be relieved of the child's care and 
 48.34  custody, including a child in placement according to voluntary 
 48.35  release by the parent under section 257.071, subdivision 3; 
 48.36     (7) has been placed for adoption or care in violation of 
 49.1   law; 
 49.2      (8) is without proper parental care because of the 
 49.3   emotional, mental, or physical disability, or state of 
 49.4   immaturity of the child's parent, guardian, or other custodian; 
 49.5      (9) is one whose behavior, condition, or environment is 
 49.6   such as to be injurious or dangerous to the child or others.  An 
 49.7   injurious or dangerous environment may include, but is not 
 49.8   limited to, the exposure of a child to criminal activity in the 
 49.9   child's home; 
 49.10     (10) is experiencing growth delays, which may be referred 
 49.11  to as failure to thrive, that have been diagnosed by a physician 
 49.12  and are due to parental neglect; 
 49.13     (11) has engaged in prostitution as defined in section 
 49.14  609.321, subdivision 9; 
 49.15     (12) has committed a delinquent act or a juvenile petty 
 49.16  offense before becoming ten years old; 
 49.17     (13) is a runaway; 
 49.18     (14) is an habitual truant; 
 49.19     (15) has been found incompetent to proceed or has been 
 49.20  found not guilty by reason of mental illness or mental 
 49.21  deficiency in connection with a delinquency proceeding, a 
 49.22  certification under section 260.125, an extended jurisdiction 
 49.23  juvenile prosecution, or a proceeding involving a juvenile petty 
 49.24  offense; 
 49.25     (16) ~~is one whose custodial parent's parental rights to~~ 
 49.26  ~~another child have been involuntarily terminated within the past~~ 
 49.27  ~~five years;~~ or 
 49.28     ~~(17)~~ has been found by the court to have committed domestic 
 49.29  abuse perpetrated by a minor under Laws 1997, chapter 239, 
 49.30  article 10, sections 2 to 26, has been ordered excluded from the 
 49.31  child's parent's home by an order for protection/minor 
 49.32  respondent, and the parent or guardian is either unwilling or 
 49.33  unable to provide an alternative safe living arrangement for the 
 49.34  child. 
 49.35     Sec. 37.  Minnesota Statutes 1998, section 260.015, 
 49.36  subdivision 13, is amended to read: 
 50.1      Subd. 13.  [RELATIVE.] "Relative" means a parent, 
 50.2   stepparent, grandparent, brother, sister, uncle, or aunt of the 
 50.3   minor.  This relationship may be by blood or marriage.  For an 
 50.4   Indian child, relative includes members of the extended family 
 50.5   as defined by the law or custom of the Indian child's tribe or, 
 50.6   in the absence of laws or custom, nieces, nephews, or first or 
 50.7   second cousins, as provided in the Indian Child Welfare Act of 
 50.8   1978, United States Code, title 25, section 1903.  For purposes 
 50.9   of ~~dispositions, relative has the meaning given in section~~ 
 50.10  ~~260.181, subdivision 3.~~ child in need of protection or services 
 50.11  proceedings, termination of parental rights proceedings, and 
 50.12  permanency proceedings under section 260.191, subdivision 3b, 
 50.13  relative means a person related to the child by blood, marriage, 
 50.14  or adoption, or an individual who is an important friend with 
 50.15  whom the child has resided or had significant contact. 
 50.16     Sec. 38.  Minnesota Statutes 1998, section 260.015, 
 50.17  subdivision 29, is amended to read: 
 50.18     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 50.19  infliction of bodily harm to a child or neglect of a child which 
 50.20  demonstrates a grossly inadequate ability to provide minimally 
 50.21  adequate parental care.  The egregious harm need not have 
 50.22  occurred in the state or in the county where a termination of 
 50.23  parental rights action is otherwise properly venued.  Egregious 
 50.24  harm includes, but is not limited to: 
 50.25     (1) conduct towards a child that constitutes a violation of 
 50.26  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 50.27  any other similar law of any other state; 
 50.28     (2) the infliction of "substantial bodily harm" to a child, 
 50.29  as defined in section 609.02, subdivision 7a; 
 50.30     (3) conduct towards a child that constitutes felony 
 50.31  malicious punishment of a child under section 609.377; 
 50.32     (4) conduct towards a child that constitutes felony 
 50.33  unreasonable restraint of a child under section 609.255, 
 50.34  subdivision 3; 
 50.35     (5) conduct towards a child that constitutes felony neglect 
 50.36  or endangerment of a child under section 609.378; 
 51.1      (6) conduct towards a child that constitutes assault under 
 51.2   section 609.221, 609.222, or 609.223; 
 51.3      (7) conduct towards a child that constitutes solicitation, 
 51.4   inducement, or promotion of, or receiving profit derived from 
 51.5   prostitution under section 609.322; 
 51.6      (8) conduct toward a child that constitutes murder or 
 51.7   voluntary manslaughter as defined by United States Code, title 
 51.8   18, section 1111(a) or 1112(a); ~~or~~ 
 51.9      (9) conduct toward a child that constitutes aiding or 
 51.10  abetting, attempting, conspiring, or soliciting to commit a 
 51.11  murder or voluntary manslaughter that constitutes a violation of 
 51.12  United States Code, title 18, section 1111(a) or 1112(a); or 
 51.13     (10) conduct toward a child that constitutes criminal 
 51.14  sexual conduct under sections 609.342 to 609.345. 
 51.15     Sec. 39.  Minnesota Statutes 1998, section 260.131, 
 51.16  subdivision 1a, is amended to read: 
 51.17     Subd. 1a.  [REVIEW OF FOSTER CARE STATUS.] The social 
 51.18  ~~service~~ services agency responsible for the placement of a child 
 51.19  in a residential facility, as defined in section 257.071, 
 51.20  subdivision 1, pursuant to a voluntary release by the child's 
 51.21  parent or parents may bring a petition in juvenile court to 
 51.22  review the foster care status of the child in the manner 
 51.23  provided in this section.  The responsible social services 
 51.24  agency shall file either a petition alleging the child to be in 
 51.25  need of protection or services or a petition to terminate 
 51.26  parental rights. 
 51.27     (a) In the case of a child in voluntary placement according 
 51.28  to section 257.071, subdivision 3, the petition shall be filed 
 51.29  within 90 days of the date of the voluntary placement agreement 
 51.30  and shall state the reasons why the child is in placement, the 
 51.31  progress on the case plan required under section 257.071, 
 51.32  subdivision 1, and the statutory basis for the petition under 
 51.33  section 260.015, subdivision 2a, or 260.221. 
 51.34     (1) In the case of a petition filed under this paragraph, 
 51.35  if all parties agree and the court finds it is in the best 
 51.36  interests of the child, the court may find the petition states a 
 52.1   prima facie case that: 
 52.2      (i) the child's needs are being met; 
 52.3      (ii) the placement of the child in foster care is in the 
 52.4   best interests of the child; and 
 52.5      (iii) the child will be returned home in the next six 
 52.6   months. 
 52.7      (2) If the court makes findings under paragraph (1), the 
 52.8   court shall approve the voluntary arrangement and continue the 
 52.9   matter for up to six more months to ensure the child returns to 
 52.10  the parents' home.  The responsible social services agency shall:
 52.11     (i) report to the court when the child returns home and the 
 52.12  progress made by the parent on the case plan required under 
 52.13  section 257.071, in which case the court shall dismiss 
 52.14  jurisdiction; 
 52.15     (ii) report to the court that the child has not returned 
 52.16  home, in which case the matter shall be returned to the court 
 52.17  for further proceedings under section 260.155; or 
 52.18     (iii) if any party does not agree to continue the matter 
 52.19  under paragraph (1) and this paragraph, the matter shall proceed 
 52.20  under section 260.155. 
 52.21     (b) In the case of a child in voluntary placement according 
 52.22  to section 257.071, subdivision 4, the petition shall be filed 
 52.23  within six months of the date of the voluntary placement 
 52.24  agreement and shall state the date of the voluntary placement 
 52.25  agreement, the nature of the child's developmental delay or 
 52.26  emotional handicap, the plan for the ongoing care of the child, 
 52.27  the parents' participation in the plan, and the statutory basis 
 52.28  for the petition. 
 52.29     (1) In the case of petitions filed under this paragraph, 
 52.30  the court may find, based on the contents of the sworn petition, 
 52.31  and the agreement of all parties, including the child, where 
 52.32  appropriate, that the voluntary arrangement is in the best 
 52.33  interests of the child, approve the voluntary arrangement, and 
 52.34  dismiss the matter from further jurisdiction.  The court shall 
 52.35  give notice to the responsible social services agency that the 
 52.36  matter must be returned to the court for further review if the 
 53.1   child remains in placement after 12 months. 
 53.2      (2) If any party, including the child, disagrees with the 
 53.3   voluntary arrangement, the court shall proceed under section 
 53.4   260.155. 
 53.5      Sec. 40.  Minnesota Statutes 1998, section 260.133, 
 53.6   subdivision 1, is amended to read: 
 53.7      Subdivision 1.  [PETITION.] The local welfare agency may 
 53.8   bring an emergency petition on behalf of minor family or 
 53.9   household members seeking relief from acts of domestic child 
 53.10  abuse.  The petition shall be brought according to section 
 53.11  260.131 and shall allege the existence of or immediate and 
 53.12  present danger of domestic child abuse~~, and shall be accompanied~~ 
 53.13  ~~by an affidavit made under oath stating the specific facts and~~ 
 53.14  ~~circumstances from which relief is sought~~.  The court has 
 53.15  jurisdiction over the parties to a domestic child abuse matter 
 53.16  notwithstanding that there is a parent in the child's household 
 53.17  who is willing to enforce the court's order and accept services 
 53.18  on behalf of the family. 
 53.19     Sec. 41.  Minnesota Statutes 1998, section 260.133, 
 53.20  subdivision 2, is amended to read: 
 53.21     Subd. 2.  [TEMPORARY ORDER.] (a) If it appears from the 
 53.22  notarized petition ~~or by sworn affidavit~~ that there are 
 53.23  reasonable grounds to believe the child is in immediate and 
 53.24  present danger of domestic child abuse, the court may grant an 
 53.25  ex parte temporary order for protection, pending a ~~full~~ 
 53.26  hearing according to section 260.135 which shall be held not 
 53.27  later than 14 days after service of the ex parte order on the 
 53.28  respondent.  The court may grant relief as it deems proper, 
 53.29  including an order:  
 53.30     (1) restraining any party from committing acts of domestic 
 53.31  child abuse; or 
 53.32     (2) excluding the alleged abusing party from the dwelling 
 53.33  which the family or household members share or from the 
 53.34  residence of the child.  
 53.35     ~~However,~~ (b) No order excluding the alleged abusing party 
 53.36  from the dwelling may be issued unless the court finds that:  
 54.1      (1) the order is in the best interests of the child or 
 54.2   children remaining in the dwelling; and 
 54.3      (2) a parent remaining ~~adult family or~~ in the child's 
 54.4   household ~~member~~ is able to care adequately for the child or 
 54.5   children in the absence of the excluded party and to seek 
 54.6   appropriate assistance in enforcing the provisions of the order. 
 54.7      Before the temporary order is issued, the local welfare 
 54.8   agency shall advise the court and the other parties who are 
 54.9   present that appropriate social services will be provided to the 
 54.10  family or household members during the effective period of the 
 54.11  order.  The petition shall identify the parent remaining in the 
 54.12  child's household as appropriate to provide care for the child 
 54.13  and enforce the court's orders.  
 54.14     An ex parte temporary order for protection shall be 
 54.15  effective for a fixed period not to exceed 14 days.  ~~Within five~~ 
 54.16  ~~days of the issuance of the temporary order, the petitioner~~ 
 54.17  ~~shall file a petition with the court pursuant to section~~ 
 54.18  ~~260.131, alleging that the child is in need of protection or~~ 
 54.19  ~~services and the court shall give docket priority to the~~ 
 54.20  ~~petition.~~  
 54.21     The court may renew the temporary order for protection one 
 54.22  time for a fixed period not to exceed 14 days ~~if a petition~~ 
 54.23  ~~alleging that the child is in need of protection or services has~~ 
 54.24  ~~been filed with the court and~~ if the court determines, upon 
 54.25  informal review of the case file, that the renewal is 
 54.26  appropriate.  If the court determines that the petition states a 
 54.27  prima facie case exists for reasonable grounds to believe that 
 54.28  the child is in immediate danger of domestic child abuse or 
 54.29  child abuse without the court's order, then at the hearing under 
 54.30  section 260.135, the court may continue its order issued under 
 54.31  this subdivision pending trial under section 260.155. 
 54.32     Sec. 42.  Minnesota Statutes 1998, section 260.135, is 
 54.33  amended by adding a subdivision to read: 
 54.34     Subd. 1a.  After a petition has been filed alleging a child 
 54.35  to be in need of protection or services and unless the persons 
 54.36  named in clauses (1) to (4) voluntarily appear or are summoned 
 55.1   according to subdivision 1, the court shall issue a notice to: 
 55.2      (1) an adjudicated or presumed father of the child; 
 55.3      (2) an alleged father of the child; 
 55.4      (3) a noncustodial mother; and 
 55.5      (4) a grandparent with the right to participate under 
 55.6   section 260.155, subdivision 1a. 
 55.7      Sec. 43.  Minnesota Statutes 1998, section 260.172, 
 55.8   subdivision 1, is amended to read: 
 55.9      Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 55.10  a child was taken into custody under section 260.165, 
 55.11  subdivision 1, clause (a) or (c)(2), the court shall hold a 
 55.12  hearing within 72 hours of the time the child was taken into 
 55.13  custody, excluding Saturdays, Sundays, and holidays, to 
 55.14  determine whether the child should continue in custody.  
 55.15     (b) In all other cases, the court shall hold a detention 
 55.16  hearing: 
 55.17     (1) within 36 hours of the time the child was taken into 
 55.18  custody, excluding Saturdays, Sundays, and holidays, if the 
 55.19  child is being held at a juvenile secure detention facility or 
 55.20  shelter care facility; or 
 55.21     (2) within 24 hours of the time the child was taken into 
 55.22  custody, excluding Saturdays, Sundays, and holidays, if the 
 55.23  child is being held at an adult jail or municipal lockup.  
 55.24     (c) Unless there is reason to believe that the child would 
 55.25  endanger self or others, not return for a court hearing, run 
 55.26  away from the child's parent, guardian, or custodian or 
 55.27  otherwise not remain in the care or control of the person to 
 55.28  whose lawful custody the child is released, or that the child's 
 55.29  health or welfare would be immediately endangered, the child 
 55.30  shall be released to the custody of a parent, guardian, 
 55.31  custodian, or other suitable person, subject to reasonable 
 55.32  conditions of release including, but not limited to, a 
 55.33  requirement that the child undergo a chemical use assessment as 
 55.34  provided in section 260.151, subdivision 1.  In determining 
 55.35  whether the child's health or welfare would be immediately 
 55.36  endangered, the court shall consider whether the child would 
 56.1   reside with a perpetrator of domestic child abuse.  In a 
 56.2   proceeding regarding a child in need of protection or services, 
 56.3   the court, before determining whether a child should continue in 
 56.4   custody, shall also make a determination, consistent with 
 56.5   section 260.012 as to whether reasonable efforts, or in the case 
 56.6   of an Indian child, active efforts, according to the Indian 
 56.7   Child Welfare Act of 1978, United States Code, title 25, section 
 56.8   1912(d), were made to prevent placement or to reunite the child 
 56.9   with the child's family, or that reasonable efforts were not 
 56.10  possible.  The court shall also determine whether there are 
 56.11  available services that would prevent the need for further 
 56.12  detention. 
 56.13     If the court finds the social services agency's preventive 
 56.14  or reunification efforts have not been reasonable but further 
 56.15  preventive or reunification efforts could not permit the child 
 56.16  to safely remain at home, the court may nevertheless authorize 
 56.17  or continue the removal of the child. 
 56.18     ~~The court may determine~~ (d) At the detention hearing, or at 
 56.19  any time prior to an adjudicatory hearing~~, that reasonable~~ 
 56.20  ~~efforts are not required because the facts, if proved, will~~ 
 56.21  ~~demonstrate that the parent has subjected the child to egregious~~ 
 56.22  ~~harm as defined in section 260.015, subdivision 29, or the~~ 
 56.23  ~~parental rights of the parent to a sibling of the child have~~ 
 56.24  ~~been terminated involuntarily.~~ and upon notice and request of 
 56.25  the county attorney, the court shall make the following 
 56.26  determinations: 
 56.27     (1) whether a termination of parental rights petition has 
 56.28  been filed stating a prima facie case that: 
 56.29     (i) the parent has subjected a child to egregious harm as 
 56.30  defined in section 260.015, subdivision 29; 
 56.31     (ii) the parental rights of the parent to another child 
 56.32  have been involuntarily terminated; or 
 56.33     (iii) the child is an abandoned infant under section 
 56.34  260.221, subdivision 1a, paragraph (a), clause (2); 
 56.35     (2) that the county attorney has determined not to proceed 
 56.36  with a termination of parental rights petition under section 
 57.1   260.221, subdivision 1b; or 
 57.2      (3) whether a termination of parental rights petition or 
 57.3   other petition according to section 260.191, subdivision 3b, has 
 57.4   been filed alleging a prima facie case that the provision of 
 57.5   services or further services for the purpose of rehabilitation 
 57.6   and reunification is futile and therefore unreasonable under the 
 57.7   circumstances. 
 57.8      If the court determines that the county attorney is not 
 57.9   proceeding with a termination of parental rights petition under 
 57.10  section 260.221, subdivision 1b, but is proceeding with a 
 57.11  petition under section 260.191, subdivision 3b, the court shall 
 57.12  schedule a permanency hearing within 30 days.  If the county 
 57.13  attorney has filed a petition under section 260.221, subdivision 
 57.14  1b, the court shall schedule a trial under section 260.155 
 57.15  within 90 days of the filing of the petition. 
 57.16     (e) If the court determines the child should be ordered 
 57.17  into out-of-home placement and the child's parent refuses to 
 57.18  give information to the responsible social services agency 
 57.19  regarding the child's father or relatives of the child, the 
 57.20  court may order the parent to disclose the names, addresses, 
 57.21  telephone numbers, and other identifying information to the 
 57.22  local social services agency for the purpose of complying with 
 57.23  the requirements of sections 257.071, 257.072, and 260.135. 
 57.24     Sec. 44.  Minnesota Statutes 1998, section 260.172, is 
 57.25  amended by adding a subdivision to read: 
 57.26     Subd. 5.  [CASE PLAN.] (a) A case plan required under 
 57.27  section 257.071 shall be filed with the court within 30 days of 
 57.28  the filing of a petition alleging the child to be in need of 
 57.29  protection or services under section 260.131. 
 57.30     (b) Upon the filing of the case plan, the court may approve 
 57.31  the case plan based on the allegations contained in the 
 57.32  petition.  A parent may agree to comply with the terms of the 
 57.33  case plan filed with the court. 
 57.34     (c) Upon notice and motion by a parent who agrees to comply 
 57.35  with the terms of a case plan, the court may modify the case and 
 57.36  order the responsible social services agency to provide other or 
 58.1   additional services for reunification, if reunification efforts 
 58.2   are required, and the court determines the agency's case plan 
 58.3   inadequate under section 260.012. 
 58.4      (d) Unless the parent agrees to comply with the terms of 
 58.5   the case plan, the court may not order a parent to comply with 
 58.6   the provisions of the case plan until the court makes a 
 58.7   determination under section 260.191, subdivision 1. 
 58.8      Sec. 45.  Minnesota Statutes 1998, section 260.191, 
 58.9   subdivision 1, is amended to read: 
 58.10     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 58.11  the child is in need of protection or services or neglected and 
 58.12  in foster care, it shall enter an order making any of the 
 58.13  following dispositions of the case: 
 58.14     (1) place the child under the protective supervision of the 
 58.15  local social services agency or child-placing agency in the 
 58.16  ~~child's own~~ home of a parent of the child under conditions 
 58.17  prescribed by the court directed to the correction of the 
 58.18  child's need for protection or services~~;~~, or: 
 58.19     (i) the court may order the child into the home of a parent 
 58.20  who does not otherwise have legal custody of the child, however, 
 58.21  an order under this section does not confer legal custody on 
 58.22  that parent; 
 58.23     (ii) if the court orders the child into the home of a 
 58.24  father who is not adjudicated, he must cooperate with paternity 
 58.25  establishment proceedings regarding the child in the appropriate 
 58.26  jurisdiction as one of the conditions prescribed by the court 
 58.27  for the child to continue in his home; 
 58.28     (iii) the court may order the child into the home of a 
 58.29  noncustodial parent with conditions and may also order both the 
 58.30  noncustodial and the custodial parent to comply with the 
 58.31  requirements of a case plan under subdivision 1a; 
 58.32     (2) transfer legal custody to one of the following: 
 58.33     (i) a child-placing agency; or 
 58.34     (ii) the local social services agency. 
 58.35     In placing a child whose custody has been transferred under 
 58.36  this paragraph, the agencies shall follow the ~~order of~~ 
 59.1   ~~preference stated in~~ requirements of section 260.181, 
 59.2   subdivision 3; 
 59.3      (3) if the child is in need of special treatment and care 
 59.4   for reasons of physical or mental health, the court may order 
 59.5   the child's parent, guardian, or custodian to provide it.  If 
 59.6   the parent, guardian, or custodian fails or is unable to provide 
 59.7   this treatment or care, the court may order it provided.  The 
 59.8   court shall not transfer legal custody of the child for the 
 59.9   purpose of obtaining special treatment or care solely because 
 59.10  the parent is unable to provide the treatment or care.  If the 
 59.11  court's order for mental health treatment is based on a 
 59.12  diagnosis made by a treatment professional, the court may order 
 59.13  that the diagnosing professional not provide the treatment to 
 59.14  the child if it finds that such an order is in the child's best 
 59.15  interests; or 
 59.16     (4) if the court believes that the child has sufficient 
 59.17  maturity and judgment and that it is in the best interests of 
 59.18  the child, the court may order a child 16 years old or older to 
 59.19  be allowed to live independently, either alone or with others as 
 59.20  approved by the court under supervision the court considers 
 59.21  appropriate, if the county board, after consultation with the 
 59.22  court, has specifically authorized this dispositional 
 59.23  alternative for a child. 
 59.24     (b) If the child was adjudicated in need of protection or 
 59.25  services because the child is a runaway or habitual truant, the 
 59.26  court may order any of the following dispositions in addition to 
 59.27  or as alternatives to the dispositions authorized under 
 59.28  paragraph (a): 
 59.29     (1) counsel the child or the child's parents, guardian, or 
 59.30  custodian; 
 59.31     (2) place the child under the supervision of a probation 
 59.32  officer or other suitable person in the child's own home under 
 59.33  conditions prescribed by the court, including reasonable rules 
 59.34  for the child's conduct and the conduct of the parents, 
 59.35  guardian, or custodian, designed for the physical, mental, and 
 59.36  moral well-being and behavior of the child; or with the consent 
 60.1   of the commissioner of corrections, place the child in a group 
 60.2   foster care facility which is under the commissioner's 
 60.3   management and supervision; 
 60.4      (3) subject to the court's supervision, transfer legal 
 60.5   custody of the child to one of the following: 
 60.6      (i) a reputable person of good moral character.  No person 
 60.7   may receive custody of two or more unrelated children unless 
 60.8   licensed to operate a residential program under sections 245A.01 
 60.9   to 245A.16; or 
 60.10     (ii) a county probation officer for placement in a group 
 60.11  foster home established under the direction of the juvenile 
 60.12  court and licensed pursuant to section 241.021; 
 60.13     (4) require the child to pay a fine of up to $100.  The 
 60.14  court shall order payment of the fine in a manner that will not 
 60.15  impose undue financial hardship upon the child; 
 60.16     (5) require the child to participate in a community service 
 60.17  project; 
 60.18     (6) order the child to undergo a chemical dependency 
 60.19  evaluation and, if warranted by the evaluation, order 
 60.20  participation by the child in a drug awareness program or an 
 60.21  inpatient or outpatient chemical dependency treatment program; 
 60.22     (7) if the court believes that it is in the best interests 
 60.23  of the child and of public safety that the child's driver's 
 60.24  license or instruction permit be canceled, the court may order 
 60.25  the commissioner of public safety to cancel the child's license 
 60.26  or permit for any period up to the child's 18th birthday.  If 
 60.27  the child does not have a driver's license or permit, the court 
 60.28  may order a denial of driving privileges for any period up to 
 60.29  the child's 18th birthday.  The court shall forward an order 
 60.30  issued under this clause to the commissioner, who shall cancel 
 60.31  the license or permit or deny driving privileges without a 
 60.32  hearing for the period specified by the court.  At any time 
 60.33  before the expiration of the period of cancellation or denial, 
 60.34  the court may, for good cause, order the commissioner of public 
 60.35  safety to allow the child to apply for a license or permit, and 
 60.36  the commissioner shall so authorize; 
 61.1      (8) order that the child's parent or legal guardian deliver 
 61.2   the child to school at the beginning of each school day for a 
 61.3   period of time specified by the court; or 
 61.4      (9) require the child to perform any other activities or 
 61.5   participate in any other treatment programs deemed appropriate 
 61.6   by the court.  
 61.7      To the extent practicable, the court shall enter a 
 61.8   disposition order the same day it makes a finding that a child 
 61.9   is in need of protection or services or neglected and in foster 
 61.10  care, but in no event more than 15 days after the finding unless 
 61.11  the court finds that the best interests of the child will be 
 61.12  served by granting a delay.  If the child was under eight years 
 61.13  of age at the time the petition was filed, the disposition order 
 61.14  must be entered within ten days of the finding and the court may 
 61.15  not grant a delay unless good cause is shown and the court finds 
 61.16  the best interests of the child will be served by the delay. 
 61.17     (c) If a child who is 14 years of age or older is 
 61.18  adjudicated in need of protection or services because the child 
 61.19  is a habitual truant and truancy procedures involving the child 
 61.20  were previously dealt with by a school attendance review board 
 61.21  or county attorney mediation program under section 260A.06 or 
 61.22  260A.07, the court shall order a cancellation or denial of 
 61.23  driving privileges under paragraph (b), clause (7), for any 
 61.24  period up to the child's 18th birthday. 
 61.25     (d) In the case of a child adjudicated in need of 
 61.26  protection or services because the child has committed domestic 
 61.27  abuse and been ordered excluded from the child's parent's home, 
 61.28  the court shall dismiss jurisdiction if the court, at any time, 
 61.29  finds the parent is able or willing to provide an alternative 
 61.30  safe living arrangement for the child, as defined in Laws 1997, 
 61.31  chapter 239, article 10, section 2. 
 61.32     Sec. 46.  Minnesota Statutes 1998, section 260.191, 
 61.33  subdivision 1a, is amended to read: 
 61.34     Subd. 1a.  [WRITTEN FINDINGS.] Any order for a disposition 
 61.35  authorized under this section shall contain written findings of 
 61.36  fact to support the disposition and case plan ordered, and shall 
 62.1   also set forth in writing the following information: 
 62.2      (a) Why the best interests and safety of the child are 
 62.3   served by the disposition and case plan ordered; 
 62.4      (b) What alternative dispositions or services under the 
 62.5   case plan were considered by the court and why such dispositions 
 62.6   or services were not appropriate in the instant case; 
 62.7      (c) How the court's disposition complies with the 
 62.8   requirements of section 260.181, subdivision 3; and 
 62.9      (d) Whether reasonable efforts consistent with section 
 62.10  260.012 were made to prevent or eliminate the necessity of the 
 62.11  child's removal and to reunify the family after removal.  The 
 62.12  court's findings must include a brief description of what 
 62.13  preventive and reunification efforts were made and why further 
 62.14  efforts could not have prevented or eliminated the necessity of 
 62.15  removal or that reasonable efforts were not required under 
 62.16  section 260.012 or 260.172, subdivision 1. 
 62.17     If the court finds that the social services agency's 
 62.18  preventive or reunification efforts have not been reasonable but 
 62.19  that further preventive or reunification efforts could not 
 62.20  permit the child to safely remain at home, the court may 
 62.21  nevertheless authorize or continue the removal of the child. 
 62.22     Sec. 47.  Minnesota Statutes 1998, section 260.191, 
 62.23  subdivision 1b, is amended to read: 
 62.24     Subd. 1b.  [DOMESTIC CHILD ABUSE.] (a) If the court finds 
 62.25  that the child is a victim of domestic child abuse, as defined 
 62.26  in section 260.015, subdivision 24, it may order any of the 
 62.27  following dispositions of the case in addition to or as 
 62.28  alternatives to the dispositions authorized under subdivision 1: 
 62.29     (1) restrain any party from committing acts of domestic 
 62.30  child abuse; 
 62.31     (2) exclude the abusing party from the dwelling which the 
 62.32  family or household members share or from the residence of the 
 62.33  child; 
 62.34     (3) on the same basis as is provided in chapter 518, 
 62.35  establish temporary visitation with regard to minor children of 
 62.36  the adult family or household members; 
 63.1      (4) on the same basis as is provided in chapter 518, 
 63.2   establish temporary support or maintenance for a period of 30 
 63.3   days for minor children or a spouse; 
 63.4      (5) provide counseling or other social services for the 
 63.5   family or household members; or 
 63.6      (6) order the abusing party to participate in treatment or 
 63.7   counseling services.  
 63.8      (b) Any relief granted by the order for protection shall be 
 63.9   for a fixed period not to exceed one year.  
 63.10     However, no order excluding the abusing party from the 
 63.11  dwelling may be issued unless the court finds that:  
 63.12     (1) the order is in the best interests of the child or 
 63.13  children remaining in the dwelling; 
 63.14     (2) a remaining adult family or household member is able to 
 63.15  care adequately for the child or children in the absence of the 
 63.16  excluded party; and 
 63.17     (3) the local welfare agency has developed a plan to 
 63.18  provide appropriate social services to the remaining family or 
 63.19  household members.  
 63.20     (c) Upon a finding that the remaining parent is able to 
 63.21  care adequately for the child and enforce an order excluding the 
 63.22  abusing party from the home and that the provision of supportive 
 63.23  services by the responsible social services agency is no longer 
 63.24  necessary, the responsible social services agency may be 
 63.25  dismissed as a party to the proceedings.  Any orders entered 
 63.26  regarding the abusing party remain in full force and effect and 
 63.27  may be renewed by the remaining parent as necessary for the 
 63.28  continued protection of the child for specified periods of time, 
 63.29  not to exceed one year. 
 63.30     Sec. 48.  Minnesota Statutes 1998, section 260.191, 
 63.31  subdivision 3b, is amended to read: 
 63.32     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 63.33  PLACEMENT DETERMINATION.] (a) Except for cases where the child 
 63.34  is in placement due solely to the child's status as 
 63.35  developmentally delayed under United States Code, title 42, 
 63.36  section 6001(7), or emotionally handicapped under section 252.27 
 64.1   and where custody has not been transferred to the responsible 
 64.2   social services agency, the court shall conduct a hearing to 
 64.3   determine the permanent status of a child not later than 12 
 64.4   months after the child is placed out of the home of the parent, 
 64.5   except that if the child was under eight years of age at the 
 64.6   time the petition was filed, the hearing must be conducted no 
 64.7   later than six months after the child is placed out of the home 
 64.8   of the parent. 
 64.9      For purposes of this subdivision, the date of the child's 
 64.10  placement out of the home of the parent is the earlier of the 
 64.11  first court-ordered placement or 60 days after the date on which 
 64.12  the child has been voluntarily placed out of the home. 
 64.13     For purposes of this subdivision, 12 months is calculated 
 64.14  as follows: 
 64.15     (1) during the pendency of a petition alleging that a child 
 64.16  is in need of protection or services, all time periods when a 
 64.17  child is placed out of the home of the parent are cumulated; 
 64.18     (2) if a child has been placed out of the home of the 
 64.19  parent within the previous five years ~~in connection with one or~~ 
 64.20  ~~more prior petitions for a child in need of protection or~~ 
 64.21  ~~services~~, the lengths of all prior time periods when the child 
 64.22  was placed out of the home within the previous five years ~~and~~ 
 64.23  ~~under the current petition,~~ are cumulated.  If a child under 
 64.24  this clause has been out of the home for 12 months or more, the 
 64.25  court, if it is in the best interests of the child and for 
 64.26  compelling reasons, may extend the total time the child may 
 64.27  continue out of the home under the current petition up to an 
 64.28  additional six months before making a permanency determination.  
 64.29     (b) Unless the responsible social services agency 
 64.30  recommends return of the child to the custodial parent or 
 64.31  parents, not later than ~~ten~~ 30 days prior to this hearing, the 
 64.32  responsible social ~~service~~ services agency shall file pleadings 
 64.33  in juvenile court to establish the basis for the juvenile court 
 64.34  to order permanent placement ~~determination~~ of the child 
 64.35  according to paragraph (d).  Notice of the hearing and copies of 
 64.36  the pleadings must be provided pursuant to section 260.141.  If 
 65.1   a termination of parental rights petition is filed before the 
 65.2   date required for the permanency planning determination and 
 65.3   there is a trial under section 260.155 scheduled on that 
 65.4   petition within 90 days of the filing of the petition, no 
 65.5   hearing need be conducted under this subdivision. 
 65.6      (c) At the conclusion of the hearing, the court shall 
 65.7   ~~determine whether~~ order the child ~~is to be~~ returned home or~~, if~~ 
 65.8   ~~not, what~~ order a permanent placement ~~is consistent with~~ in the 
 65.9   child's best interests.  The "best interests of the child" means 
 65.10  all relevant factors to be considered and evaluated. 
 65.11     ~~(c)~~ (d) At a hearing under this subdivision, if the child 
 65.12  was under eight years of age at the time the petition was filed 
 65.13  alleging the child in need of protection or services, the court 
 65.14  shall review the progress of the case and the case plan, 
 65.15  including the provision of services.  The court may order the 
 65.16  local social ~~service~~ services agency to show cause why it should 
 65.17  not file a termination of parental rights petition.  Cause may 
 65.18  include, but is not limited to, the following conditions: 
 65.19     (1) the parents or guardians have maintained regular 
 65.20  contact with the child, the parents are complying with the 
 65.21  court-ordered case plan, and the child would benefit from 
 65.22  continuing this relationship; 
 65.23     (2) grounds for termination under section 260.221 do not 
 65.24  exist; or 
 65.25     (3) the permanent plan for the child is transfer of 
 65.26  permanent legal and physical custody to a relative.  When the 
 65.27  permanent plan for the child is transfer of permanent legal and 
 65.28  physical custody to a relative, a petition supporting the plan 
 65.29  shall be filed in juvenile court within 30 days of the hearing 
 65.30  required under this subdivision and a hearing on the petition 
 65.31  held within 30 days of the filing of the pleadings. 
 65.32     ~~(d)~~ (e) If the child is not returned to the home, the court 
 65.33  must order one of the following dispositions ~~available for~~ 
 65.34  ~~permanent placement determination are~~: 
 65.35     (1) permanent legal and physical custody to a relative in 
 65.36  the best interests of the child.  In transferring permanent 
 66.1   legal and physical custody to a relative, the juvenile court 
 66.2   shall follow the standards and procedures applicable under 
 66.3   chapter 257 or 518.  An order establishing permanent legal or 
 66.4   physical custody under this subdivision must be filed with the 
 66.5   family court.  A transfer of legal and physical custody includes 
 66.6   responsibility for the protection, education, care, and control 
 66.7   of the child and decision making on behalf of the child.  The 
 66.8   social ~~service~~ services agency may petition on behalf of the 
 66.9   proposed custodian; 
 66.10     (2) termination of parental rights ~~and adoption~~; unless the 
 66.11  social ~~service~~ services agency ~~shall file~~ has already filed a 
 66.12  petition for termination of parental rights under section 
 66.13  260.231, the court may order such a petition filed and all the 
 66.14  requirements of sections 260.221 to 260.245 remain applicable.  
 66.15  An adoption completed subsequent to a determination under this 
 66.16  subdivision may include an agreement for communication or 
 66.17  contact under section 259.58; or 
 66.18     (3) long-term foster care; transfer of legal custody and 
 66.19  adoption are preferred permanency options for a child who cannot 
 66.20  return home.  The court may order a child into long-term foster 
 66.21  care only if it finds that neither an award of legal and 
 66.22  physical custody to a relative, nor termination of parental 
 66.23  rights nor adoption is in the child's best interests.  Further, 
 66.24  the court may only order long-term foster care for the child 
 66.25  under this section if it finds the following: 
 66.26     (i) the child has reached age 12 and reasonable efforts by 
 66.27  the responsible social ~~service~~ services agency have failed to 
 66.28  locate an adoptive family for the child; or 
 66.29     (ii) the child is a sibling of a child described in clause 
 66.30  (i) and the siblings have a significant positive relationship 
 66.31  and are ordered into the same long-term foster care home; or 
 66.32     (4) foster care for a specified period of time may be 
 66.33  ordered only if: 
 66.34     (i) the sole basis for an adjudication that ~~a~~ the child is 
 66.35  in need of protection or services is ~~that the child is a~~ 
 66.36  ~~runaway, is an habitual truant, or committed a delinquent act~~ 
 67.1   ~~before age ten~~ the child's behavior; and 
 67.2      (ii) the court finds that foster care for a specified 
 67.3   period of time is in the best interests of the child. 
 67.4      (e) In ordering a permanent placement of a child, the court 
 67.5   must be governed by the best interests of the child, including a 
 67.6   review of the relationship between the child and relatives and 
 67.7   the child and other important persons with whom the child has 
 67.8   resided or had significant contact. 
 67.9      (f) Once a permanent placement determination has been made 
 67.10  and permanent placement has been established, further court 
 67.11  reviews and dispositional hearings are only necessary if the 
 67.12  placement is made under paragraph (d), clause (4), review is 
 67.13  otherwise required by federal law, an adoption has not yet been 
 67.14  finalized, or there is a disruption of the permanent or 
 67.15  long-term placement.  
 67.16     (g) An order under this subdivision must include the 
 67.17  following detailed findings: 
 67.18     (1) how the child's best interests are served by the order; 
 67.19     (2) the nature and extent of the responsible social ~~service~~ 
 67.20  services agency's reasonable efforts, or, in the case of an 
 67.21  Indian child, active efforts, to reunify the child with the 
 67.22  parent or parents; 
 67.23     (3) the parent's or parents' efforts and ability to use 
 67.24  services to correct the conditions which led to the out-of-home 
 67.25  placement; and 
 67.26     (4) whether the conditions which led to the out-of-home 
 67.27  placement have been corrected so that the child can return home~~;~~ 
 67.28  ~~and~~ 
 67.29     ~~(5) if the child cannot be returned home, whether there is~~ 
 67.30  ~~a substantial probability of the child being able to return home~~ 
 67.31  ~~in the next six months~~.  
 67.32     (h) An order for permanent legal and physical custody of a 
 67.33  child may be modified under sections 518.18 and 518.185.  The 
 67.34  social ~~service~~ services agency is a party to the proceeding and 
 67.35  must receive notice.  An order for long-term foster care is 
 67.36  reviewable upon motion and a showing by the parent of a 
 68.1   substantial change in the parent's circumstances such that the 
 68.2   parent could provide appropriate care for the child and that 
 68.3   removal of the child from the child's permanent placement and 
 68.4   the return to the parent's care would be in the best interest of 
 68.5   the child. 
 68.6      (i) The court shall issue an order required under this 
 68.7   section within 15 days of the close of the proceedings.  The 
 68.8   court may extend issuing the order an additional 15 days when 
 68.9   necessary in the interests of justice and the best interests of 
 68.10  the child. 
 68.11     Sec. 49.  Minnesota Statutes 1998, section 260.192, is 
 68.12  amended to read: 
 68.13     260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
 68.14     Unless the court disposes of the petition under section 
 68.15  260.131, subdivision 1a, upon a petition for review of the 
 68.16  foster care status of a child, the court may:  
 68.17     (a) ~~In the case of a petition required to be filed under~~ 
 68.18  ~~section 257.071, subdivision 3, find that the child's needs are~~ 
 68.19  ~~being met, that the child's placement in foster care is in the~~ 
 68.20  ~~best interests of the child, and that the child will be returned~~ 
 68.21  ~~home in the next six months, in which case the court shall~~ 
 68.22  ~~approve the voluntary arrangement and continue the matter for~~ 
 68.23  ~~six months to assure the child returns to the parent's home.~~  
 68.24     ~~(b) In the case of a petition required to be filed under~~ 
 68.25  ~~section 257.071, subdivision 4, find that the child's needs are~~ 
 68.26  ~~being met and that the child's placement in foster care is in~~ 
 68.27  ~~the best interests of the child, in which case the court shall~~ 
 68.28  ~~approve the voluntary arrangement.  The court shall order the~~ 
 68.29  ~~social service agency responsible for the placement to bring a~~ 
 68.30  ~~petition under section 260.131, subdivision 1 or 1a, as~~ 
 68.31  ~~appropriate, within 12 months.~~ 
 68.32     ~~(c)~~ Find that the child's needs are not being met, in which 
 68.33  case the court shall order the social ~~service~~ services agency or 
 68.34  the parents to take whatever action is necessary and feasible to 
 68.35  meet the child's needs, including, when appropriate, the 
 68.36  provision by the social ~~service~~ services agency of services to 
 69.1   the parents which would enable the child to live at home, and 
 69.2   order a disposition under section 260.191. 
 69.3      ~~(d)~~ (b) Find that the child has been abandoned by parents 
 69.4   financially or emotionally, or that the developmentally disabled 
 69.5   child does not require out-of-home care because of the 
 69.6   handicapping condition, in which case the court shall order the 
 69.7   social ~~service~~ services agency to file an appropriate petition 
 69.8   pursuant to sections 260.131, subdivision 1, or 260.231. 
 69.9      Nothing in this section shall be construed to prohibit 
 69.10  bringing a petition pursuant to section 260.131, subdivision 1 
 69.11  or 2, sooner than required by court order pursuant to this 
 69.12  section. 
 69.13     Sec. 50.  Minnesota Statutes 1998, section 260.221, 
 69.14  subdivision 1, is amended to read: 
 69.15     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 69.16  court may upon petition, terminate all rights of a parent to a 
 69.17  child: 
 69.18     (a) with the written consent of a parent who for good cause 
 69.19  desires to terminate parental rights; or 
 69.20     (b) if it finds that one or more of the following 
 69.21  conditions exist: 
 69.22     (1) that the parent has abandoned the child; 
 69.23     (2) that the parent has substantially, continuously, or 
 69.24  repeatedly refused or neglected to comply with the duties 
 69.25  imposed upon that parent by the parent and child relationship, 
 69.26  including but not limited to providing the child with necessary 
 69.27  food, clothing, shelter, education, and other care and control 
 69.28  necessary for the child's physical, mental, or emotional health 
 69.29  and development, if the parent is physically and financially 
 69.30  able, and either reasonable efforts by the social ~~service~~ 
 69.31  services agency have failed to correct the conditions that 
 69.32  formed the basis of the petition or reasonable efforts would be 
 69.33  futile and therefore unreasonable; 
 69.34     (3) that a parent has been ordered to contribute to the 
 69.35  support of the child or financially aid in the child's birth and 
 69.36  has continuously failed to do so without good cause.  This 
 70.1   clause shall not be construed to state a grounds for termination 
 70.2   of parental rights of a noncustodial parent if that parent has 
 70.3   not been ordered to or cannot financially contribute to the 
 70.4   support of the child or aid in the child's birth; 
 70.5      (4) that a parent is palpably unfit to be a party to the 
 70.6   parent and child relationship because of a consistent pattern of 
 70.7   specific conduct before the child or of specific conditions 
 70.8   directly relating to the parent and child relationship either of 
 70.9   which are determined by the court to be of a duration or nature 
 70.10  that renders the parent unable, for the reasonably foreseeable 
 70.11  future, to care appropriately for the ongoing physical, mental, 
 70.12  or emotional needs of the child.  It is presumed that a parent 
 70.13  is palpably unfit to be a party to the parent and child 
 70.14  relationship upon a showing that~~:~~ 
 70.15     ~~(i) the child was adjudicated in need of protection or~~ 
 70.16  ~~services due to circumstances described in section 260.015,~~ 
 70.17  ~~subdivision 2a, clause (1), (2), (3), (5), or (8); and~~ 
 70.18     ~~(ii)~~ the parent's parental rights to one or more other 
 70.19  children were involuntarily terminated ~~under clause (1), (2),~~ 
 70.20  ~~(4), or (7), or under clause (5) if the child was initially~~ 
 70.21  ~~determined to be in need of protection or services due to~~ 
 70.22  ~~circumstances described in section 260.015, subdivision 2a,~~ 
 70.23  ~~clause (1), (2), (3), (5), or (8)~~; 
 70.24     (5) that following ~~upon a determination of neglect or~~ 
 70.25  ~~dependency, or of a child's need for protection or services~~ the 
 70.26  child's placement out of the home, reasonable efforts, under the 
 70.27  direction of the court, have failed to correct the conditions 
 70.28  leading to the ~~determination~~ child's placement.  It is presumed 
 70.29  that reasonable efforts under this clause have failed upon a 
 70.30  showing that: 
 70.31     (i) a child has resided out of the parental home under 
 70.32  court order for a cumulative period of ~~more than one year within~~ 
 70.33  ~~a five-year period following an adjudication of dependency,~~ 
 70.34  ~~neglect, need for protection or services under section 260.015,~~ 
 70.35  ~~subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or~~ 
 70.36  ~~neglected and in foster care, and an order for disposition under~~ 
 71.1   ~~section 260.191, including adoption of the case plan required by~~ 
 71.2   ~~section 257.071;~~ 12 months within the preceding 22 months.  In 
 71.3   the case of a child under age eight at the time the petition was 
 71.4   filed alleging the child to be in need of protection or 
 71.5   services, the presumption arises when the child has resided out 
 71.6   of the parental home under court order for six months unless the 
 71.7   parent has maintained regular contact with the child and the 
 71.8   parent is complying with the case plan; 
 71.9      (ii) the court has approved a case plan required under 
 71.10  section 257.071 and filed with the court under section 260.172; 
 71.11     (iii) conditions leading to the ~~determination~~ 
 71.12  ~~will~~ out-of-home placement have not ~~be~~ been corrected ~~within~~ 
 71.13  ~~the reasonably foreseeable future~~.  It is presumed that 
 71.14  conditions leading to a child's out-of-home placement ~~will~~ have 
 71.15  not ~~be~~ been corrected ~~in the reasonably foreseeable future~~ upon 
 71.16  a showing that the parent or parents have not substantially 
 71.17  complied with the court's orders and a reasonable case plan~~, and~~ 
 71.18  ~~the conditions which led to the out-of-home placement have not~~ 
 71.19  ~~been corrected~~; and 
 71.20     ~~(iii)~~ (iv) reasonable efforts have been made by the social 
 71.21  ~~service~~ services agency to rehabilitate the parent and reunite 
 71.22  the family. 
 71.23     This clause does not prohibit the termination of parental 
 71.24  rights prior to one year, or in the case of a child under age 
 71.25  eight, within six months after a child has been placed out of 
 71.26  the home. 
 71.27     It is also presumed that reasonable efforts have failed 
 71.28  under this clause upon a showing that: 
 71.29     ~~(i)~~ (A) the parent has been diagnosed as chemically 
 71.30  dependent by a professional certified to make the diagnosis; 
 71.31     ~~(ii)~~ (B) the parent has been required by a case plan to 
 71.32  participate in a chemical dependency treatment program; 
 71.33     ~~(iii)~~ (C) the treatment programs offered to the parent were 
 71.34  culturally, linguistically, and clinically appropriate; 
 71.35     ~~(iv)~~ (D) the parent has either failed two or more times to 
 71.36  successfully complete a treatment program or has refused at two 
 72.1   or more separate meetings with a caseworker to participate in a 
 72.2   treatment program; and 
 72.3      ~~(v)~~ (E) the parent continues to abuse chemicals.  
 72.4   ~~Provided, that this presumption applies only to parents required~~ 
 72.5   ~~by a case plan to participate in a chemical dependency treatment~~ 
 72.6   ~~program on or after July 1, 1990;~~ 
 72.7      (6) that a child has experienced egregious harm in the 
 72.8   parent's care which is of a nature, duration, or chronicity that 
 72.9   indicates a lack of regard for the child's well-being, such that 
 72.10  a reasonable person would believe it contrary to the best 
 72.11  interest of the child or of any child to be in the parent's 
 72.12  care; 
 72.13     (7) that in the case of a child born to a mother who was 
 72.14  not married to the child's father when the child was conceived 
 72.15  nor when the child was born the person is not entitled to notice 
 72.16  of an adoption hearing under section 259.49 and the person has 
 72.17  not registered with the fathers' adoption registry under section 
 72.18  259.52; 
 72.19     (8) that the child is neglected and in foster care; or 
 72.20     (9) that the parent has been convicted of a crime listed in 
 72.21  section 260.012, paragraph (b), clauses (1) to (3). 
 72.22     In an action involving an American Indian child, sections 
 72.23  257.35 to 257.3579 and the Indian Child Welfare Act, United 
 72.24  States Code, title 25, sections 1901 to 1923, control to the 
 72.25  extent that the provisions of this section are inconsistent with 
 72.26  those laws. 
 72.27     Sec. 51.  Minnesota Statutes 1998, section 260.221, 
 72.28  subdivision 1a, is amended to read: 
 72.29     Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
 72.30  subdivision 1, paragraph (b), clause (1): 
 72.31     (a) Abandonment is presumed when: 
 72.32     (1) the parent has had no contact with the child on a 
 72.33  regular basis and not demonstrated consistent interest in the 
 72.34  child's well-being for six months and the social ~~service~~ 
 72.35  services agency has made reasonable efforts to facilitate 
 72.36  contact, unless the parent establishes that an extreme financial 
 73.1   or physical hardship or treatment for mental disability or 
 73.2   chemical dependency or other good cause prevented the parent 
 73.3   from making contact with the child.  This presumption does not 
 73.4   apply to children whose custody has been determined under 
 73.5   chapter 257 or 518; or 
 73.6      (2) the child is an infant under two years of age and has 
 73.7   been deserted by the parent under circumstances that show an 
 73.8   intent not to return to care for the child. 
 73.9      The court is not prohibited from finding abandonment in the 
 73.10  absence of the presumptions in clauses (1) and (2). 
 73.11     (b) The following are prima facie evidence of abandonment 
 73.12  ~~where adoption proceedings are pending and~~ there has been a 
 73.13  showing that the person was not entitled to notice of an 
 73.14  adoption proceeding under section 259.49: 
 73.15     (1) failure to register with the fathers' adoption registry 
 73.16  under section 259.52; or 
 73.17     (2) if the person registered with the fathers' adoption 
 73.18  registry under section 259.52: 
 73.19     (i) filing a denial of paternity within 30 days of receipt 
 73.20  of notice under section 259.52, subdivision 8; 
 73.21     (ii) failing to timely file an intent to claim parental 
 73.22  rights with entry of appearance form within 30 days of receipt 
 73.23  of notice under section 259.52, subdivision 10; or 
 73.24     (iii) timely filing an intent to claim parental rights with 
 73.25  entry of appearance form within 30 days of receipt of notice 
 73.26  under section 259.52, subdivision 10, but failing to initiate a 
 73.27  paternity action within 30 days of receiving the fathers' 
 73.28  adoption registry notice where there has been no showing of good 
 73.29  cause for the delay. 
 73.30     Sec. 52.  Minnesota Statutes 1998, section 260.221, 
 73.31  subdivision 1b, is amended to read: 
 73.32     Subd. 1b.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 
 73.33  The county attorney shall file a termination of parental rights 
 73.34  petition within 30 days of the responsible social services 
 73.35  agency determining that a ~~child's placement in out-of-home care~~ 
 73.36  ~~if the~~ child has been subjected to egregious harm as defined in 
 74.1   section 260.015, subdivision 29, is determined to be the sibling 
 74.2   of another child of the parent who was subjected to egregious 
 74.3   harm, or is an abandoned infant as defined in subdivision 1a, 
 74.4   paragraph (a), clause (2).  The local social services agency 
 74.5   shall concurrently identify, recruit, process, and approve an 
 74.6   adoptive family for the child.  If a termination of parental 
 74.7   rights petition has been filed by another party, the local 
 74.8   social services agency shall be joined as a party to the 
 74.9   petition.  If criminal charges have been filed against a parent 
 74.10  arising out of the conduct alleged to constitute egregious harm, 
 74.11  the county attorney shall determine which matter should proceed 
 74.12  to trial first, consistent with the best interests of the child 
 74.13  and subject to the defendant's right to a speedy trial. 
 74.14     (b) This requirement does not apply if the county attorney 
 74.15  determines and files with the court ~~its determination that~~: 
 74.16     (1) a petition for transfer of permanent legal and physical 
 74.17  custody to a relative ~~is in the best interests of the child or~~ 
 74.18  ~~there is~~ under section 260.191, subdivision 3b, including a 
 74.19  determination that the transfer is in the best interests of the 
 74.20  child; or 
 74.21     (2) a petition alleging the child, and where appropriate, 
 74.22  the child's siblings, to be in need of protection or services 
 74.23  accompanied by a case plan prepared by the responsible social 
 74.24  services agency documenting a compelling reason ~~documented by~~ 
 74.25  ~~the local social services agency that~~ why filing ~~the~~ a 
 74.26  termination of parental rights petition would not be in the best 
 74.27  interests of the child. 
 74.28     Sec. 53.  Minnesota Statutes 1998, section 260.221, 
 74.29  subdivision 1c, is amended to read: 
 74.30     Subd. 1c.  [CURRENT FOSTER CARE CHILDREN.] Except for cases 
 74.31  where the child is in placement due solely to the child's status 
 74.32  as developmentally delayed under United States Code, title 42, 
 74.33  section 6001(7), or emotionally handicapped under section 
 74.34  252.27, and where custody has not been transferred to the 
 74.35  responsible social services agency, the county attorney shall 
 74.36  file a termination of parental rights petition or ~~other~~ a 
 75.1   petition to support another permanent placement proceeding under 
 75.2   section 260.191, subdivision 3b, for all children ~~determined to~~ 
 75.3   ~~be in need of protection or services~~ who are placed in 
 75.4   out-of-home care for reasons other than care or treatment of the 
 75.5   child's disability, and who are in out-of-home placement on 
 75.6   April 21, 1998, and have been in out-of-home care for 15 of the 
 75.7   most recent 22 months.  This requirement does not apply if there 
 75.8   is a compelling reason documented in a case plan filed with the 
 75.9   court for determining that filing a termination of parental 
 75.10  rights petition or other permanency petition would not be in the 
 75.11  best interests of the child or if the responsible social 
 75.12  services agency has not provided reasonable efforts necessary 
 75.13  for the safe return of the child, if reasonable efforts are 
 75.14  required.  
 75.15     Sec. 54.  Minnesota Statutes 1998, section 260.221, 
 75.16  subdivision 3, is amended to read: 
 75.17     Subd. 3.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
 75.18  subdivision 1, clause (b), no prior judicial finding of 
 75.19  ~~dependency, neglect,~~ need for protection or services, or 
 75.20  neglected and in foster care is required, except as provided in 
 75.21  subdivision 1, clause (b), item (5). 
 75.22     Sec. 55.  Minnesota Statutes 1998, section 260.221, 
 75.23  subdivision 5, is amended to read: 
 75.24     Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 75.25  proceeding under this section, the court shall make specific 
 75.26  findings: 
 75.27     (1) regarding the nature and extent of efforts made by the 
 75.28  social ~~service~~ services agency to rehabilitate the parent and 
 75.29  reunite the family; or 
 75.30     (2) ~~that provision of services or further services for the~~ 
 75.31  ~~purpose of rehabilitation and reunification is futile and~~ 
 75.32  ~~therefore unreasonable under the circumstances; or~~ 
 75.33     ~~(3)~~ that reasonable efforts at reunification are not 
 75.34  required as provided under section 260.012. 
 75.35     Sec. 56.  Minnesota Statutes 1998, section 626.556, 
 75.36  subdivision 2, is amended to read: 
 76.1      Subd. 2.  [DEFINITIONS.] As used in this section, the 
 76.2   following terms have the meanings given them unless the specific 
 76.3   content indicates otherwise: 
 76.4      (a) "Sexual abuse" means the subjection of a child by a 
 76.5   person responsible for the child's care, by a person who has a 
 76.6   significant relationship to the child, as defined in section 
 76.7   609.341, or by a person in a position of authority, as defined 
 76.8   in section 609.341, subdivision 10, to any act which constitutes 
 76.9   a violation of section 609.342 (criminal sexual conduct in the 
 76.10  first degree), 609.343 (criminal sexual conduct in the second 
 76.11  degree), 609.344 (criminal sexual conduct in the third 
 76.12  degree), ~~or~~ 609.345 (criminal sexual conduct in the fourth 
 76.13  degree), or 609.3451 (criminal sexual conduct in the fifth 
 76.14  degree).  Sexual abuse also includes any act which involves a 
 76.15  minor which constitutes a violation of prostitution offenses 
 76.16  under sections 609.321 to 609.324 or 617.246.  Sexual abuse 
 76.17  includes threatened sexual abuse.  
 76.18     (b) "Person responsible for the child's care" means (1) an 
 76.19  individual functioning within the family unit and having 
 76.20  responsibilities for the care of the child such as a parent, 
 76.21  guardian, or other person having similar care responsibilities, 
 76.22  or (2) an individual functioning outside the family unit and 
 76.23  having responsibilities for the care of the child such as a 
 76.24  teacher, school administrator, or other lawful custodian of a 
 76.25  child having either full-time or short-term care 
 76.26  responsibilities including, but not limited to, day care, 
 76.27  babysitting whether paid or unpaid, counseling, teaching, and 
 76.28  coaching.  
 76.29     (c) "Neglect" means: 
 76.30     (1) failure by a person responsible for a child's care to 
 76.31  supply a child with necessary food, clothing, shelter ~~or~~, 
 76.32  health, medical or other care required for the child's physical 
 76.33  or mental health when reasonably able to do so~~,~~; 
 76.34     (2) failure to protect a child from conditions or actions 
 76.35  which imminently and seriously endanger the child's physical or 
 76.36  mental health when reasonably able to do so~~, or~~; 
 77.1      (3) failure to provide for necessary supervision or child 
 77.2   care arrangements appropriate for a child after considering 
 77.3   factors as the child's age, mental ability, physical condition, 
 77.4   length of absence, or environment, when the child is unable to 
 77.5   care for the child's own basic needs or safety, or the basic 
 77.6   needs or safety of another child in their care; 
 77.7      (4) failure ~~to take steps to ensure that a child is~~ 
 77.8   ~~educated in accordance with state law.~~ to ensure that the child 
 77.9   is educated as defined in sections 120A.22 and 260.155, 
 77.10  subdivision 9; 
 77.11     (5) nothing in this section shall be construed to mean that 
 77.12  a child is neglected solely because the child's parent, 
 77.13  guardian, or other person responsible for the child's care in 
 77.14  good faith selects and depends upon spiritual means or prayer 
 77.15  for treatment or care of disease or remedial care of the child 
 77.16  in lieu of medical care; except that a parent, guardian, or 
 77.17  caretaker, or a person mandated to report pursuant to 
 77.18  subdivision 3, has a duty to report if a lack of medical care 
 77.19  may cause serious danger to the child's health.  This section 
 77.20  does not impose upon persons, not otherwise legally responsible 
 77.21  for providing a child with necessary food, clothing, shelter, 
 77.22  education, or medical care, a duty to provide that care~~.~~; 
 77.23     ~~Neglect includes~~ (6) prenatal exposure to a controlled 
 77.24  substance, as defined in section 253B.02, subdivision 2, used by 
 77.25  the mother for a nonmedical purpose, as evidenced by withdrawal 
 77.26  symptoms in the child at birth, results of a toxicology test 
 77.27  performed on the mother at delivery or the child at birth, or 
 77.28  medical effects or developmental delays during the child's first 
 77.29  year of life that medically indicate prenatal exposure to a 
 77.30  controlled substance~~.~~; 
 77.31     ~~Neglect also means~~ (7) "medical neglect" as defined in 
 77.32  section 260.015, subdivision 2a, clause (5)~~.~~; 
 77.33     (8) that the parent or other person responsible for the 
 77.34  care of the child:  (i) engages in violent behavior that 
 77.35  demonstrates a disregard for the well-being of the child as 
 77.36  indicated by action that could reasonably result in serious 
 78.1   physical, mental, or threatened injury, or emotional damage to 
 78.2   the child, or (ii) engages in repeated domestic abuse as defined 
 78.3   as domestic assault and repeat domestic assault under the 
 78.4   criminal code; 
 78.5      (9) chronic and severe use of alcohol or a controlled 
 78.6   substance by a parent or person responsible for the care of the 
 78.7   child that adversely affects the child's basic needs and safety; 
 78.8      (10) the parent or other person responsible for the care of 
 78.9   the child, commits domestic assault under section 609.2242 or 
 78.10  609.2243, within sight or sound of the child, or subjects the 
 78.11  child to an ongoing violent environment which is likely to have 
 78.12  a detrimental effect on the well-being of the child; or 
 78.13     (11) emotional harm from a pattern of behavior which 
 78.14  contributes to impaired emotional functioning of the child which 
 78.15  may be demonstrated by a substantial and observable effect in 
 78.16  the child's behavior, emotional response, or cognition that is 
 78.17  not within the normal range for the child's age and stage of 
 78.18  development, with due regard to the child's culture. 
 78.19     (d) "Physical abuse" means any physical ~~or~~ injury, mental 
 78.20  injury, ~~or~~ threatened injury, or repeated infliction of pain, 
 78.21  inflicted by a person responsible for the child's care on a 
 78.22  child other than by accidental means, or any physical or mental 
 78.23  injury that cannot reasonably be explained by the child's 
 78.24  history of injuries~~, or any aversive and deprivation procedures~~ 
 78.25  ~~that have not been authorized under section 245.825~~.  Abuse does 
 78.26  not include reasonable and moderate physical discipline of a 
 78.27  child administered by a parent or legal guardian which does not 
 78.28  result in an injury.  Actions which are not reasonable and 
 78.29  moderate include, but are not limited to: 
 78.30     (1) throwing, kicking, burning, biting, or cutting a child; 
 78.31     (2) striking a child with a closed fist; 
 78.32     (3) shaking a child under age three; 
 78.33     (4) striking or other actions which result in any 
 78.34  nonaccidental injury to a child under 18 months of age; 
 78.35     (5) interference with a child's breathing; 
 78.36     (6) threatening a child with a weapon, as defined in 
 79.1   section 609.02, subdivision 6; 
 79.2      (7) striking a child under age six on the face or head; 
 79.3      (8) purposely giving a child poison, alcohol, or dangerous, 
 79.4   harmful, or controlled substances which were not prescribed for 
 79.5   the child by a practitioner; or other substances that 
 79.6   substantially affect the child's behavior, motor coordination, 
 79.7   or judgment or that results in sickness or internal injury, or 
 79.8   subjects the child to medical procedures that would be 
 79.9   unnecessary if the child were not exposed to the substances; or 
 79.10     (9) unreasonable physical confinement or restraint not 
 79.11  permitted under section 609.379, including but not limited to 
 79.12  tying, caging, or chaining. 
 79.13     (e) "Report" means any report received by the local welfare 
 79.14  agency, police department, or county sheriff pursuant to this 
 79.15  section. 
 79.16     (f) "Facility" means a licensed or unlicensed day care 
 79.17  facility, residential facility, agency, hospital, sanitarium, or 
 79.18  other facility or institution required to be licensed ~~pursuant~~ 
 79.19  ~~to~~ under sections 144.50 to 144.58, 241.021, ~~or~~ 245A.01 to 
 79.20  245A.16~~.~~, or 245B; or a school as defined in sections 120A.05, 
 79.21  subdivisions 9, 11, and 13, and 124D.10; or a nonlicensed 
 79.22  personal care provider organization as defined in sections 
 79.23  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 79.24     (g) "Operator" means an operator or agency as defined in 
 79.25  section 245A.02.  
 79.26     (h) "Commissioner" means the commissioner of human services.
 79.27     (i) "Assessment" includes authority to interview the child, 
 79.28  the person or persons responsible for the child's care, the 
 79.29  alleged perpetrator, and any other person with knowledge of the 
 79.30  abuse or neglect for the purpose of gathering the facts, 
 79.31  assessing the risk to the child, and formulating a plan.  
 79.32     (j) "Practice of social services," for the purposes of 
 79.33  subdivision 3, includes but is not limited to employee 
 79.34  assistance counseling and the provision of guardian ad litem and 
 79.35  visitation expeditor services.  
 79.36     (k) "Mental injury" means an injury to the psychological 
 80.1   capacity or emotional stability of a child as evidenced by an 
 80.2   observable or substantial impairment in the child's ability to 
 80.3   function within a normal range of performance and behavior with 
 80.4   due regard to the child's culture or harm to a child's 
 80.5   psychological or intellectual functioning which now, or in the 
 80.6   future, is likely to be evidenced by serious mental, behavioral, 
 80.7   or personality disorder, including severe anxiety, depression, 
 80.8   withdrawal, severe aggressive behavior, seriously delayed 
 80.9   development or similarly serious dysfunctional behavior when 
 80.10  caused by a statement, overt act, omission, condition, or status 
 80.11  of the child's caretaker.  
 80.12     (l) "Threatened injury" means a statement, overt act, 
 80.13  condition, or status that represents a substantial risk of 
 80.14  physical or sexual abuse or mental injury. 
 80.15     (m) Persons who conduct assessments or investigations under 
 80.16  this section shall take into account accepted child-rearing 
 80.17  practices of the culture in which a child participates, which 
 80.18  are not injurious to the child's health, welfare, and safety. 
 80.19     Sec. 57.  Minnesota Statutes 1998, section 626.556, 
 80.20  subdivision 3, is amended to read: 
 80.21     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 80.22  knows or has reason to believe a child is being neglected or 
 80.23  physically or sexually abused, as defined in subdivision 2, or 
 80.24  has been neglected or physically or sexually abused within the 
 80.25  preceding three years, shall immediately report the information 
 80.26  to the local welfare agency, agency responsible for licensing or 
 80.27  supervising the facility, police department, or the county 
 80.28  sheriff if the person is:  
 80.29     (1) a professional or professional's delegate who is 
 80.30  engaged in the practice of the healing arts, social services, 
 80.31  hospital administration, psychological or psychiatric treatment, 
 80.32  child care, education, or law enforcement; or 
 80.33     (2) employed as a member of the clergy and received the 
 80.34  information while engaged in ministerial duties, provided that a 
 80.35  member of the clergy is not required by this subdivision to 
 80.36  report information that is otherwise privileged under section 
 81.1   595.02, subdivision 1, paragraph (c).  
 81.2      The police department or the county sheriff, upon receiving 
 81.3   a report, shall immediately notify the local welfare agency or 
 81.4   agency responsible for licensing or supervising the facility, 
 81.5   orally and in writing.  The local welfare agency, or agency 
 81.6   responsible for licensing or supervising the facility, upon 
 81.7   receiving a report, shall immediately notify the local police 
 81.8   department or the county sheriff orally and in writing.  The 
 81.9   county sheriff and the head of every local welfare agency, 
 81.10  agency responsible for licensing or supervising facilities, and 
 81.11  police department shall each designate a person within their 
 81.12  agency, department, or office who is responsible for ensuring 
 81.13  that the notification duties of this paragraph and paragraph (b) 
 81.14  are carried out.  Nothing in this subdivision shall be construed 
 81.15  to require more than one report from any institution, facility, 
 81.16  school, or agency. 
 81.17     (b) Any person may voluntarily report to the local welfare 
 81.18  agency, agency responsible for licensing or supervising the 
 81.19  facility, police department, or the county sheriff if the person 
 81.20  knows, has reason to believe, or suspects a child is being or 
 81.21  has been neglected or subjected to physical or sexual abuse.  
 81.22  The police department or the county sheriff, upon receiving a 
 81.23  report, shall immediately notify the local welfare agency or 
 81.24  agency responsible for licensing or supervising the facility, 
 81.25  orally and in writing.  The local welfare agency or agency 
 81.26  responsible for licensing or supervising the facility, upon 
 81.27  receiving a report, shall immediately notify the local police 
 81.28  department or the county sheriff orally and in writing. 
 81.29     (c) A person mandated to report physical or sexual child 
 81.30  abuse or neglect occurring within a licensed facility shall 
 81.31  report the information to the agency responsible for licensing 
 81.32  the facility under sections 144.50 to 144.58, 241.021, 245A.01 
 81.33  to 245A.16, or 245B; or a school as defined in sections 120A.05, 
 81.34  subdivisions 9, 11, and 13, 120A.36, and 124D.68; or a 
 81.35  nonlicensed personal care provider organization as defined in 
 81.36  sections 256B.04, subdivision 16, and 256B.0625, subdivision 
 82.1   19.  A health or corrections agency receiving a report may 
 82.2   request the local welfare agency to provide assistance pursuant 
 82.3   to subdivisions 10, 10a, and 10b. 
 82.4      (d) Any person mandated to report shall receive a summary 
 82.5   of the disposition of any report made by that 
 82.6   reporter, including whether the case has been opened for child 
 82.7   protection or other services, or if a referral has been made to 
 82.8   a community organization, unless release would be detrimental to 
 82.9   the best interests of the child.  Any person who is not mandated 
 82.10  to report shall, upon request to the local welfare agency, 
 82.11  receive a concise summary of the disposition of any report made 
 82.12  by that reporter, unless release would be detrimental to the 
 82.13  best interests of the child. 
 82.14     (e) For purposes of this subdivision, "immediately" means 
 82.15  as soon as possible but in no event longer than 24 hours. 
 82.16     Sec. 58.  Minnesota Statutes 1998, section 626.556, 
 82.17  subdivision 4, is amended to read: 
 82.18     Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 82.19  persons are immune from any civil or criminal liability that 
 82.20  otherwise might result from their actions, if they are acting in 
 82.21  good faith: 
 82.22     (1) any person making a voluntary or mandated report under 
 82.23  subdivision 3 or under section 626.5561 or assisting in an 
 82.24  assessment under this section or under section 626.5561; 
 82.25     (2) any person with responsibility for performing duties 
 82.26  under this section or supervisor employed by a local welfare 
 82.27  agency ~~or~~, the commissioner of an agency responsible for 
 82.28  operating or supervising a licensed or unlicensed day care 
 82.29  facility, residential facility, agency, hospital, sanitarium, or 
 82.30  other facility or institution required to be licensed under 
 82.31  sections 144.50 to 144.58, 241.021, 245A.01 to 245A.16, or 245B; 
 82.32  or a school as defined in sections 120A.05, subdivisions 9, 11, 
 82.33  and 13, 120A.36, and 124D.68; or a nonlicensed personal care 
 82.34  provider organization as defined in sections 256B.04, 
 82.35  subdivision 16, and 256B.0625, subdivision 19, complying with 
 82.36  subdivision 10d; and 
 83.1      (3) any public or private school, facility as defined in 
 83.2   subdivision 2, or the employee of any public or private school 
 83.3   or facility who permits access by a local welfare agency or 
 83.4   local law enforcement agency and assists in an investigation or 
 83.5   assessment pursuant to subdivision 10 or under section 626.5561. 
 83.6      (b) A person who is a supervisor or person with 
 83.7   responsibility for performing duties under this section employed 
 83.8   by a local welfare agency or the commissioner complying with 
 83.9   subdivisions 10 and 11 or section 626.5561 or any related rule 
 83.10  or provision of law is immune from any civil or criminal 
 83.11  liability that might otherwise result from the person's actions, 
 83.12  if the person is (1) acting in good faith and exercising due 
 83.13  care, or (2) acting in good faith and following the information 
 83.14  collection procedures established under subdivision 10, 
 83.15  paragraphs (h), (i), and (j). 
 83.16     (c) This subdivision does not provide immunity to any 
 83.17  person for failure to make a required report or for committing 
 83.18  neglect, physical abuse, or sexual abuse of a child. 
 83.19     (d) If a person who makes a voluntary or mandatory report 
 83.20  under subdivision 3 prevails in a civil action from which the 
 83.21  person has been granted immunity under this subdivision, the 
 83.22  court may award the person attorney fees and costs. 
 83.23     Sec. 59.  Minnesota Statutes 1998, section 626.556, 
 83.24  subdivision 7, is amended to read: 
 83.25     Subd. 7.  [REPORT.] An oral report shall be made 
 83.26  immediately by telephone or otherwise.  An oral report made by a 
 83.27  person required under subdivision 3 to report shall be followed 
 83.28  within 72 hours, exclusive of weekends and holidays, by a report 
 83.29  in writing to the appropriate police department, the county 
 83.30  sheriff or local welfare agency, unless the appropriate agency 
 83.31  has informed the reporter that the oral information does not 
 83.32  constitute a report under subdivision 10.  Any report shall be 
 83.33  of sufficient content to identify the child, any person believed 
 83.34  to be responsible for the abuse or neglect of the child if the 
 83.35  person is known, the nature and extent of the abuse or neglect 
 83.36  and the name and address of the reporter.  If requested, the 
 84.1   local welfare agency shall inform the reporter within ten days 
 84.2   after the report is made, either orally or in writing, whether 
 84.3   the report was accepted for assessment or investigation.  
 84.4   Written reports received by a police department or the county 
 84.5   sheriff shall be forwarded immediately to the local welfare 
 84.6   agency.  The police department or the county sheriff may keep 
 84.7   copies of reports received by them.  Copies of written reports 
 84.8   received by a local welfare department shall be forwarded 
 84.9   immediately to the local police department or the county sheriff.
 84.10     A written copy of a report maintained by personnel of 
 84.11  agencies, other than welfare or law enforcement agencies, which 
 84.12  are subject to chapter 13 shall be confidential.  An individual 
 84.13  subject of the report may obtain access to the original report 
 84.14  as provided by subdivision 11. 
 84.15     Sec. 60.  Minnesota Statutes 1998, section 626.556, 
 84.16  subdivision 10b, is amended to read: 
 84.17     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 84.18  FACILITY.] (a) The commissioner of the agency responsible for 
 84.19  licensing or supervising the facility shall immediately 
 84.20  investigate if the report alleges that: 
 84.21     (1) a child who is in the care of a facility as defined in 
 84.22  subdivision 2 is neglected, physically abused, or sexually 
 84.23  abused by an individual in that facility, or has been so 
 84.24  neglected or abused by an individual in that facility within the 
 84.25  three years preceding the report; or 
 84.26     (2) a child was neglected, physically abused, or sexually 
 84.27  abused by an individual in a facility defined in subdivision 2, 
 84.28  while in the care of that facility within the three years 
 84.29  preceding the report.  
 84.30     The commissioner of the agency responsible for licensing or 
 84.31  supervising the facility shall arrange for the transmittal to 
 84.32  the commissioner of reports received by local agencies and may 
 84.33  delegate to a local welfare agency the duty to investigate 
 84.34  reports.  In conducting an investigation under this section, the 
 84.35  commissioner has the powers and duties specified for local 
 84.36  welfare agencies under this section.  The commissioner of the 
 85.1   agency responsible for licensing or supervising the facility or 
 85.2   local welfare agency may interview any children who are or have 
 85.3   been in the care of a facility under investigation and their 
 85.4   parents, guardians, or legal custodians. 
 85.5      (b) Prior to any interview, the commissioner of the agency 
 85.6   responsible for licensing or supervising the facility or local 
 85.7   welfare agency shall notify the parent, guardian, or legal 
 85.8   custodian of a child who will be interviewed in the manner 
 85.9   provided for in subdivision 10d, paragraph (a).  If reasonable 
 85.10  efforts to reach the parent, guardian, or legal custodian of a 
 85.11  child in an out-of-home placement have failed, the child may be 
 85.12  interviewed if there is reason to believe the interview is 
 85.13  necessary to protect the child or other children in the 
 85.14  facility.  The commissioner of the agency responsible for 
 85.15  licensing or supervising the facility or local agency must 
 85.16  provide the information required in this subdivision to the 
 85.17  parent, guardian, or legal custodian of a child interviewed 
 85.18  without parental notification as soon as possible after the 
 85.19  interview.  When the investigation is completed, any parent, 
 85.20  guardian, or legal custodian notified under this subdivision 
 85.21  shall receive the written memorandum provided for in subdivision 
 85.22  10d, paragraph (c). 
 85.23     (c) In conducting investigations under this subdivision the 
 85.24  commissioner or local welfare agency shall obtain access to 
 85.25  information consistent with subdivision 10, paragraphs (h), (i), 
 85.26  and (j). 
 85.27     (d) Except for foster care and family child care, the 
 85.28  commissioner of the agency responsible for licensing or 
 85.29  supervising the facility has the primary responsibility for the 
 85.30  investigations and notifications required under subdivisions 10d 
 85.31  and 10f for reports that allege maltreatment related to the care 
 85.32  provided by or in facilities licensed by the commissioner.  The 
 85.33  commissioner of the agency responsible for licensing or 
 85.34  supervising the facility may request assistance from the local 
 85.35  social ~~service~~ services agency. 
 85.36     Sec. 61.  Minnesota Statutes 1998, section 626.556, 
 86.1   subdivision 10d, is amended to read: 
 86.2      Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 86.3   (a) When a report is received that alleges neglect, physical 
 86.4   abuse, or sexual abuse of a child while in the care of a 
 86.5   ~~facility required to be licensed pursuant to chapter 245A,~~ 
 86.6   licensed or unlicensed day care facility, residential facility, 
 86.7   agency, hospital, sanitarium, or other facility or institution 
 86.8   required to be licensed according to sections 144.50 to 144.58, 
 86.9   241.021, 245A.01 to 245A.16, or 245B; or a school as defined in 
 86.10  sections 120A.05, subdivisions 9, 11, and 13, 120A.36, and 
 86.11  124D.68; or a nonlicensed personal care provider organization as 
 86.12  defined in sections 256B.04, subdivision 16, and 256B.0625, 
 86.13  subdivision 19, the commissioner of the agency responsible for 
 86.14  licensing or supervising the facility or local welfare agency 
 86.15  investigating the report shall provide the following information 
 86.16  to the parent, guardian, or legal custodian of a child alleged 
 86.17  to have been neglected, physically abused, or sexually abused:  
 86.18  the name of the facility; the fact that a report alleging 
 86.19  neglect, physical abuse, or sexual abuse of a child in the 
 86.20  facility has been received; the nature of the alleged neglect, 
 86.21  physical abuse, or sexual abuse; that the agency is conducting 
 86.22  an investigation; any protective or corrective measures being 
 86.23  taken pending the outcome of the investigation; and that a 
 86.24  written memorandum will be provided when the investigation is 
 86.25  completed. 
 86.26     (b) The commissioner of the agency responsible for 
 86.27  licensing or supervising the facility or local welfare agency 
 86.28  may also provide the information in paragraph (a) to the parent, 
 86.29  guardian, or legal custodian of any other child in the facility 
 86.30  if the investigative agency knows or has reason to believe the 
 86.31  alleged neglect, physical abuse, or sexual abuse has occurred. 
 86.32  In determining whether to exercise this authority, the 
 86.33  commissioner of the agency responsible for licensing or 
 86.34  supervising the facility or local welfare agency shall consider 
 86.35  the seriousness of the alleged neglect, physical abuse, or 
 86.36  sexual abuse; the number of children allegedly neglected, 
 87.1   physically abused, or sexually abused; the number of alleged 
 87.2   perpetrators; and the length of the investigation.  The facility 
 87.3   shall be notified whenever this discretion is exercised. 
 87.4      (c) When the commissioner of the agency responsible for 
 87.5   licensing or supervising the facility or local welfare agency 
 87.6   has completed its investigation, every parent, guardian, or 
 87.7   legal custodian notified of the investigation by the 
 87.8   commissioner or local welfare agency shall be provided with the 
 87.9   following information in a written memorandum:  the name of the 
 87.10  facility investigated; the nature of the alleged neglect, 
 87.11  physical abuse, or sexual abuse; the investigator's name; a 
 87.12  summary of the investigation findings; a statement whether 
 87.13  maltreatment was found; and the protective or corrective 
 87.14  measures that are being or will be taken.  The memorandum shall 
 87.15  be written in a manner that protects the identity of the 
 87.16  reporter and the child and shall not contain the name, or to the 
 87.17  extent possible, reveal the identity of the alleged perpetrator 
 87.18  or of those interviewed during the investigation.  The 
 87.19  commissioner or local welfare agency shall also provide the 
 87.20  written memorandum to the parent, guardian, or legal custodian 
 87.21  of each child in the facility if maltreatment is determined to 
 87.22  exist. 
 87.23     Sec. 62.  Minnesota Statutes 1998, section 626.556, 
 87.24  subdivision 10e, is amended to read: 
 87.25     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 87.26  assessment or investigation it conducts, the local welfare 
 87.27  agency shall make two determinations:  first, whether 
 87.28  maltreatment has occurred; and second, whether child protective 
 87.29  services are needed.  When maltreatment is determined in an 
 87.30  investigation involving a facility, the investigating agency 
 87.31  shall also determine whether the facility or individual was 
 87.32  responsible for the maltreatment using the mitigating factors in 
 87.33  paragraph (d).  Determinations under this subdivision must be 
 87.34  made based on a preponderance of the evidence. 
 87.35     (a) For the purposes of this subdivision, "maltreatment" 
 87.36  means any of the following acts or omissions committed by a 
 88.1   person responsible for the child's care: 
 88.2      (1) physical abuse as defined in subdivision 2, paragraph 
 88.3   (d); 
 88.4      (2) neglect as defined in subdivision 2, paragraph (c); 
 88.5      (3) sexual abuse as defined in subdivision 2, paragraph 
 88.6   (a); or 
 88.7      (4) mental injury as defined in subdivision 2, paragraph 
 88.8   (k). 
 88.9      (b) For the purposes of this subdivision, a determination 
 88.10  that child protective services are needed means that the local 
 88.11  welfare agency has documented conditions during the assessment 
 88.12  or investigation sufficient to cause a child protection worker, 
 88.13  as defined in section 626.559, subdivision 1, to conclude that a 
 88.14  child is at significant risk of maltreatment if protective 
 88.15  intervention is not provided and that the individuals 
 88.16  responsible for the child's care have not taken or are not 
 88.17  likely to take actions to protect the child from maltreatment or 
 88.18  risk of maltreatment. 
 88.19     (c) This subdivision does not mean that maltreatment has 
 88.20  occurred solely because the child's parent, guardian, or other 
 88.21  person responsible for the child's care in good faith selects 
 88.22  and depends upon spiritual means or prayer for treatment or care 
 88.23  of disease or remedial care of the child, in lieu of medical 
 88.24  care.  However, if lack of medical care may result in serious 
 88.25  danger to the child's health, the local welfare agency may 
 88.26  ensure that necessary medical services are provided to the child.
 88.27     (d) When determining whether the facility or individual is 
 88.28  the responsible party for determined maltreatment in a facility, 
 88.29  the investigating agency shall consider at least the following 
 88.30  mitigating factors: 
 88.31     (1) whether the actions of the facility or the individual 
 88.32  caregivers were according to, and followed the terms of, an 
 88.33  erroneous physician order, prescription, individual care plan, 
 88.34  or directive; however, this is not a mitigating factor when the 
 88.35  facility or caregiver was responsible for the issuance of the 
 88.36  erroneous order, prescription, individual care plan, or 
 89.1   directive or knew or should have known of the errors and took no 
 89.2   reasonable measures to correct the defect before administering 
 89.3   care; 
 89.4      (2) comparative responsibility between the facility, other 
 89.5   caregivers, and requirements placed upon an employee, including 
 89.6   the facility's compliance with related regulatory standards and 
 89.7   the adequacy of facility policies and procedures, facility 
 89.8   training, an individual's participation in the training, the 
 89.9   caregiver's supervision, and facility staffing levels and the 
 89.10  scope of the individual employee's authority and discretion; and 
 89.11     (3) whether the facility or individual followed 
 89.12  professional standards in exercising professional judgment. 
 89.13     ~~(e) The commissioner shall work with the maltreatment of~~ 
 89.14  ~~minors advisory committee established under Laws 1997, chapter~~ 
 89.15  ~~203, to make recommendations to further specify the kinds of~~ 
 89.16  ~~acts or omissions that constitute physical abuse, neglect,~~ 
 89.17  ~~sexual abuse, or mental injury.  The commissioner shall submit~~ 
 89.18  ~~the recommendation and any legislation needed by January 15,~~ 
 89.19  ~~1999.~~  Individual counties may implement more detailed 
 89.20  definitions or criteria that indicate which allegations to 
 89.21  investigate, as long as a county's policies are consistent with 
 89.22  the definitions in the statutes and rules and are approved by 
 89.23  the county board.  Each local welfare agency shall periodically 
 89.24  inform mandated reporters under subdivision 3 who work in the 
 89.25  county of the definitions of maltreatment in the statutes and 
 89.26  rules and any additional definitions or criteria that have been 
 89.27  approved by the county board. 
 89.28     Sec. 63.  Minnesota Statutes 1998, section 626.556, 
 89.29  subdivision 10f, is amended to read: 
 89.30     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
 89.31  days of the conclusion of an assessment, the local welfare 
 89.32  agency or agency responsible for licensing or supervising the 
 89.33  facility shall notify the parent or guardian of the child, the 
 89.34  person determined to be maltreating the child, and if 
 89.35  applicable, the director of the facility, of the determination 
 89.36  and a summary of the specific reasons for the determination.  
 90.1   The notice must also include a certification that the 
 90.2   information collection procedures under subdivision 10, 
 90.3   paragraphs (h), (i), and (j), were followed and a notice of the 
 90.4   right of a data subject to obtain access to other private data 
 90.5   on the subject collected, created, or maintained under this 
 90.6   section.  In addition, the notice shall include the length of 
 90.7   time that the records will be kept under subdivision 11c.  The 
 90.8   investigating agency shall notify the parent or guardian of the 
 90.9   child who is the subject of the report, and any person or 
 90.10  facility determined to have maltreated a child, of their appeal 
 90.11  rights under this section. 
 90.12     Sec. 64.  Minnesota Statutes 1998, section 626.556, 
 90.13  subdivision 10j, is amended to read: 
 90.14     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 90.15  local social ~~service~~ services or child protection agency may 
 90.16  provide relevant private data on individuals obtained under this 
 90.17  section to mandated reporters who have an ongoing responsibility 
 90.18  for the health, education, or welfare of a child affected by the 
 90.19  data, in the best interests of the child.  ~~The commissioner~~ 
 90.20  ~~shall consult with the maltreatment of minors advisory committee~~ 
 90.21  ~~to develop criteria for determining which records may be shared~~ 
 90.22  ~~with mandated reporters under this subdivision.~~  Mandated 
 90.23  reporters with ongoing responsibility for the health, education, 
 90.24  or welfare of a child affected by the data include the child's 
 90.25  teachers or other appropriate school personnel, foster parents, 
 90.26  health care providers, respite care workers, therapists, social 
 90.27  workers, child care providers, residential care staff, crisis 
 90.28  nursery staff, probation officers, and court services 
 90.29  personnel.  Under this section, a mandated reporter need not 
 90.30  have made the report to be considered a person with ongoing 
 90.31  responsibility for the health, education, or welfare of a child 
 90.32  affected by the data. 
 90.33     Sec. 65.  Minnesota Statutes 1998, section 626.556, 
 90.34  subdivision 11, is amended to read: 
 90.35     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 90.36  (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 91.1   concerning individuals maintained by a local welfare agency or 
 91.2   agency responsible for licensing or supervising the facility 
 91.3   under this section, including any written reports filed under 
 91.4   subdivision 7, shall be private data on individuals, except 
 91.5   insofar as copies of reports are required by subdivision 7 to be 
 91.6   sent to the local police department or the county sheriff.  
 91.7   Reports maintained by any police department or the county 
 91.8   sheriff shall be private data on individuals except the reports 
 91.9   shall be made available to the investigating, petitioning, or 
 91.10  prosecuting authority, including county medical examiners or 
 91.11  county coroners.  Section 13.82, subdivisions 5, 5a, and 5b, 
 91.12  apply to law enforcement data other than the reports.  The local 
 91.13  social services agency or agency responsible for licensing or 
 91.14  supervising the facility shall make available to the 
 91.15  investigating, petitioning, or prosecuting authority, including 
 91.16  county medical examiners or county coroners or their 
 91.17  professional delegates, any records which contain information 
 91.18  relating to a specific incident of neglect or abuse which is 
 91.19  under investigation, petition, or prosecution and information 
 91.20  relating to any prior incidents of neglect or abuse involving 
 91.21  any of the same persons.  The records shall be collected and 
 91.22  maintained in accordance with the provisions of chapter 13.  In 
 91.23  conducting investigations and assessments pursuant to this 
 91.24  section, the notice required by section 13.04, subdivision 2, 
 91.25  need not be provided to a minor under the age of ten who is the 
 91.26  alleged victim of abuse or neglect.  An individual subject of a 
 91.27  record shall have access to the record in accordance with those 
 91.28  sections, except that the name of the reporter shall be 
 91.29  confidential while the report is under assessment or 
 91.30  investigation except as otherwise permitted by this 
 91.31  subdivision.  Any person conducting an investigation or 
 91.32  assessment under this section who intentionally discloses the 
 91.33  identity of a reporter prior to the completion of the 
 91.34  investigation or assessment is guilty of a misdemeanor.  After 
 91.35  the assessment or investigation is completed, the name of the 
 91.36  reporter shall be confidential.  The subject of the report may 
 92.1   compel disclosure of the name of the reporter only with the 
 92.2   consent of the reporter or upon a written finding by the court 
 92.3   that the report was false and that there is evidence that the 
 92.4   report was made in bad faith.  This subdivision does not alter 
 92.5   disclosure responsibilities or obligations under the rules of 
 92.6   criminal procedure. 
 92.7      (b) Upon request of the legislative auditor, data on 
 92.8   individuals maintained under this section must be released to 
 92.9   the legislative auditor in order for the auditor to fulfill the 
 92.10  auditor's duties under section 3.971.  The auditor shall 
 92.11  maintain the data in accordance with chapter 13. 
 92.12     Sec. 66.  Minnesota Statutes 1998, section 626.556, 
 92.13  subdivision 11b, is amended to read: 
 92.14     Subd. 11b.  [DATA RECEIVED FROM LAW ENFORCEMENT.] Active 
 92.15  law enforcement investigative data received by a local welfare 
 92.16  agency or agency responsible for licensing or supervising the 
 92.17  facility under this section are confidential data on 
 92.18  individuals.  When this data become inactive in the law 
 92.19  enforcement agency, the data are private data on individuals. 
 92.20     Sec. 67.  Minnesota Statutes 1998, section 626.556, 
 92.21  subdivision 11c, is amended to read: 
 92.22     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 92.23  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 92.24  138.17, records maintained or records derived from reports of 
 92.25  abuse by local welfare agencies, agencies responsible for 
 92.26  licensing or supervising facilities, court services agencies, or 
 92.27  schools under this section shall be destroyed as provided in 
 92.28  paragraphs (a) to (d) by the responsible authority. 
 92.29     (a) If upon assessment or investigation there is no 
 92.30  determination of maltreatment or the need for child protective 
 92.31  services, the records must be maintained for a period of four 
 92.32  years.  Records under this paragraph may not be used for 
 92.33  employment, background checks, or purposes other than to assist 
 92.34  in future risk and safety assessments. 
 92.35     (b) All records relating to reports which, upon assessment 
 92.36  or investigation, indicate either maltreatment or a need for 
 93.1   child protective services shall be maintained for at least ten 
 93.2   years after the date of the final entry in the case record. 
 93.3      (c) All records regarding a report of maltreatment, 
 93.4   including any notification of intent to interview which was 
 93.5   received by a school under subdivision 10, paragraph (d), shall 
 93.6   be destroyed by the school when ordered to do so by the agency 
 93.7   conducting the assessment or investigation.  The agency shall 
 93.8   order the destruction of the notification when other records 
 93.9   relating to the report under investigation or assessment are 
 93.10  destroyed under this subdivision. 
 93.11     (d) Private or confidential data released to a court 
 93.12  services agency under subdivision 10h must be destroyed by the 
 93.13  court services agency when ordered to do so by the local welfare 
 93.14  agency that released the data.  The local welfare agency or 
 93.15  agency responsible for licensing or supervising the facility 
 93.16  shall order destruction of the data when other records relating 
 93.17  to the assessment or investigation are destroyed under this 
 93.18  subdivision. 
 93.19     Sec. 68.  [REPEALER.] 
 93.20     Minnesota Statutes 1998, section 257.071, subdivisions 8 
 93.21  and 10, are repealed.