1.1                          A bill for an act
  1.2             relating to children; child protection; providing a 
  1.3             uniform process for children in need of protection or 
  1.4             services petitions; providing certain notice in 
  1.5             voluntary placements; providing for access to certain 
  1.6             data on children; providing open hearings and court 
  1.7             records in child protection matters; modifying the 
  1.8             reasonable efforts requirement when a child has been 
  1.9             placed outside the home; clarifying and modifying time 
  1.10            requirements for permanency planning; providing 
  1.11            earlier notice to relatives of permanency planning for 
  1.12            a child; modifying grounds for termination of parental 
  1.13            rights; providing a putative father registry; 
  1.14            providing for individualized placement decisions for 
  1.15            each child; providing administrative review of child 
  1.16            abuse determinations; amending Minnesota Statutes 
  1.17            1996, sections 256.045, subdivisions 3, 3b, 4, 5, and 
  1.18            8; 256E.03, subdivision 2; 257.071, subdivisions 1a, 
  1.19            3, 7, and by adding subdivisions; 257.072, 
  1.20            subdivisions 1, 2, 3, 4, 7, and 9; 259.21, by adding a 
  1.21            subdivision; 259.29; 259.41; 259.49, subdivision 1; 
  1.22            259.57, subdivision 2; 259.67, subdivision 2; 259.77; 
  1.23            260.012; 260.015, subdivisions 2a and 29; 260.131, 
  1.24            subdivisions 1 and 2; 260.155, subdivisions 1, 1a, 2, 
  1.25            3, 4, and 8; 260.161, subdivision 2, and by adding a 
  1.26            subdivision; 260.165, subdivision 3; 260.181, 
  1.27            subdivision 3; 260.191, subdivisions 1a, 3a, 3b, and 
  1.28            4; 260.192; 260.221, subdivisions 1, 5, and by adding 
  1.29            a subdivision; and 260.241, subdivision 3; proposing 
  1.30            coding for new law in Minnesota Statutes, chapters 
  1.31            257; and 259; repealing Minnesota Statutes 1996, 
  1.32            sections 259.33; and 259.51.  
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34                             ARTICLE 1
  1.35              FOSTER CARE, JUVENILE CODE, AND ADOPTION
  1.36     Section 1.  Minnesota Statutes 1996, section 256E.03, 
  1.37  subdivision 2, is amended to read: 
  1.38     Subd. 2.  (a) "Community social services" means services 
  1.39  provided or arranged for by county boards to fulfill the 
  2.1   responsibilities prescribed in section 256E.08, subdivision 1, 
  2.2   to the following groups of persons: 
  2.3      (1) families with children under age 18, who are 
  2.4   experiencing child dependency, neglect or abuse, and also 
  2.5   pregnant adolescents, adolescent parents under the age of 18~~,~~ 
  2.6   and their children, and other adolescents; 
  2.7      (2) persons, including adolescents, who are under the 
  2.8   guardianship of the commissioner of human services as dependent 
  2.9   and neglected wards; 
  2.10     (3) adults who are in need of protection and vulnerable as 
  2.11  defined in section 626.5572; 
  2.12     (4) persons age 60 and over who are experiencing difficulty 
  2.13  living independently and are unable to provide for their own 
  2.14  needs; 
  2.15     (5) emotionally disturbed children and adolescents, 
  2.16  chronically and acutely mentally ill persons who are unable to 
  2.17  provide for their own needs or to independently engage in 
  2.18  ordinary community activities; 
  2.19     (6) persons with mental retardation as defined in section 
  2.20  252A.02, subdivision 2, or with related conditions as defined in 
  2.21  section 252.27, subdivision 1a, who are unable to provide for 
  2.22  their own needs or to independently engage in ordinary community 
  2.23  activities; 
  2.24     (7) drug dependent and intoxicated persons, including 
  2.25  adolescents, as defined in section 254A.02, subdivisions 5 and 
  2.26  7, and persons, including adolescents, at risk of harm to self 
  2.27  or others due to the ingestion of alcohol or other drugs; 
  2.28     (8) parents whose income is at or below 70 percent of the 
  2.29  state median income and who are in need of child care services 
  2.30  in order to secure or retain employment or to obtain the 
  2.31  training or education necessary to secure employment; ~~and~~ 
  2.32     (9) children and adolescents involved in or at risk of 
  2.33  involvement with criminal activity; and 
  2.34     (10) other groups of persons who, in the judgment of the 
  2.35  county board, are in need of social services. 
  2.36     (b) Except as provided in section 256E.08, subdivision 5, 
  3.1   community social services do not include public assistance 
  3.2   programs known as aid to families with dependent children, 
  3.3   Minnesota supplemental aid, medical assistance, general 
  3.4   assistance, general assistance medical care, or community health 
  3.5   services authorized by sections 145A.09 to 145A.13.  
  3.6      Sec. 2.  [257.069] [INFORMATION FOR CHILD PLACEMENT.] 
  3.7      Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
  3.8   agency with legal responsibility for the placement of a child 
  3.9   may request and shall receive all information pertaining to the 
  3.10  child that it considers necessary to appropriately carry out its 
  3.11  duties.  That information must include educational, medical, 
  3.12  psychological, psychiatric, and social or family history data 
  3.13  retained in any form by any individual or entity.  The agency 
  3.14  may gather appropriate data regarding the child's parents in 
  3.15  order to develop and implement a case plan required by section 
  3.16  257.071.  Upon request of the court responsible for overseeing 
  3.17  the provision of services to the child and family and for 
  3.18  implementing orders that are in the best interest of the child, 
  3.19  the responsible local social service agency or tribal social 
  3.20  service agency shall provide appropriate written or oral reports 
  3.21  from any individual or entity that has provided services to the 
  3.22  child or family.  The reports must include the nature of the 
  3.23  services being provided the child or family; the reason for the 
  3.24  services; the nature, extent, and quality of the child's or 
  3.25  parent's participation in the services, where appropriate; and 
  3.26  recommendations for continued services, where appropriate.  The 
  3.27  individual or entity shall report all observations and 
  3.28  information upon which it bases its report as well as its 
  3.29  conclusions.  If necessary to facilitate the receipt of the 
  3.30  reports, the court may issue appropriate orders. 
  3.31     Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
  3.32  agency responsible for the residential placement of a child 
  3.33  under this section and the residential facility in which the 
  3.34  child is placed shall have access to the following data on the 
  3.35  child: 
  3.36     (1) medical data under section 13.45; 
  4.1      (2) corrections and detention data under section 13.85; 
  4.2      (3) juvenile court data under section 260.161; and 
  4.3      (4) health records under section 144.335. 
  4.4      Sec. 3.  Minnesota Statutes 1996, section 257.071, is 
  4.5   amended by adding a subdivision to read: 
  4.6      Subd. 1c.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
  4.7   social service agency shall inform a parent considering 
  4.8   voluntary placement of a child who is not developmentally 
  4.9   disabled or emotionally handicapped of the following: 
  4.10     (1) the parent and the child each has a right to separate 
  4.11  legal counsel before signing a voluntary placement agreement, 
  4.12  but not to counsel appointed at public expense; 
  4.13     (2) that the parent and child have the right to counsel at 
  4.14  public expense at the beginning of a case plan and the child has 
  4.15  a right to a guardian ad litem; 
  4.16     (3) the parent is not required to agree to the voluntary 
  4.17  placement, and a parent who enters a voluntary placement 
  4.18  agreement may at any time request that the agency return the 
  4.19  child.  If the parent so requests, the child must be returned 
  4.20  within 24 hours of the receipt of the request; 
  4.21     (4) evidence gathered during the time the child is 
  4.22  voluntarily placed may be used at a later time as the basis for 
  4.23  a petition alleging that the child is in need of protection or 
  4.24  services or as the basis for a petition seeking termination of 
  4.25  parental rights; 
  4.26     (5) if the local social service agency files a petition 
  4.27  alleging that the child is in need of protection or services or 
  4.28  a petition seeking the termination of parental rights, the 
  4.29  parent would have the right to appointment of separate legal 
  4.30  counsel at public expense and the child would have a right to 
  4.31  the appointment of counsel and a guardian ad litem as provided 
  4.32  by law; and 
  4.33     (6) the effect the time spent in voluntary placement on the 
  4.34  scheduling of a permanent placement determination hearing under 
  4.35  section 260.191, subdivision 3b.  
  4.36     Sec. 4.  Minnesota Statutes 1996, section 257.071, is 
  5.1   amended by adding a subdivision to read: 
  5.2      Subd. 1d.  [RELATIVE SEARCH; NATURE.] Within six months 
  5.3   after a child is initially placed in a residential facility, the 
  5.4   local social service agency shall identify any relatives of the 
  5.5   child and notify them of the possibility of a permanent 
  5.6   out-of-home placement of the child, and that a decision not to 
  5.7   be a permanent resource at the beginning of the case may affect 
  5.8   the relative's right to have the child placed with that relative 
  5.9   later.  The relatives must be notified that they must keep the 
  5.10  local social service agency informed of their current address in 
  5.11  order to receive notice of any permanent placement hearing.  A 
  5.12  relative who fails to provide a current address to the local 
  5.13  social service agency forfeits the right to notice of permanent 
  5.14  placement. 
  5.15     Sec. 5.  Minnesota Statutes 1996, section 257.071, is 
  5.16  amended by adding a subdivision to read:  
  5.17     Subd. 1e.  [CHANGE IN PLACEMENT.] If a child is removed 
  5.18  from a permanent placement disposition authorized under section 
  5.19  260.191, subdivision 3b, within one year after the placement was 
  5.20  made: 
  5.21     (1) the child must be returned to the residential facility 
  5.22  where the child was placed immediately preceding the permanent 
  5.23  placement; or 
  5.24     (2) the court shall hold a hearing within ten days after 
  5.25  the child is taken into custody to determine when the child is 
  5.26  to be placed.  A guardian ad litem must be appointed for the 
  5.27  child for this hearing. 
  5.28     Sec. 6.  Minnesota Statutes 1996, section 257.071, 
  5.29  subdivision 3, is amended to read: 
  5.30     Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
  5.31  provided in subdivision 4, if the child has been placed in a 
  5.32  residential facility pursuant to a voluntary release by the 
  5.33  parent or parents, and is not returned home within ~~six months~~ 90 
  5.34  days after initial placement in the residential facility, the 
  5.35  social service agency responsible for the placement shall: 
  5.36     (1) return the child to the home of the parent or parents; 
  6.1   or 
  6.2      (2) file ~~an appropriate~~ a petition ~~pursuant to section~~ 
  6.3   ~~260.131 or 260.231~~ to extend the placement for 90 days. 
  6.4      The case plan must be updated when a petition is filed and 
  6.5   must include a specific plan for permanency.  The parent, legal 
  6.6   guardian, or legal custodian and child have a right to counsel 
  6.7   at public expense at this hearing. 
  6.8      If the court approves the extension, at the end of the 
  6.9   second 90-day period, the child must be returned to the parent's 
  6.10  home, unless a petition is filed for a child in need of 
  6.11  protection or services. 
  6.12     Sec. 7.  Minnesota Statutes 1996, section 257.072, 
  6.13  subdivision 1, is amended to read: 
  6.14     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
  6.15  authorized child-placing agency shall make special efforts to 
  6.16  recruit a foster family from among the child's relatives, except 
  6.17  as authorized in section 260.181, subdivision 3.  Each agency 
  6.18  shall provide for diligent recruitment of potential foster 
  6.19  families that reflect the ethnic and racial diversity of the 
  6.20  children in the state for whom foster homes are needed.  Special 
  6.21  efforts include contacting and working with community 
  6.22  organizations and religious organizations and may include 
  6.23  contracting with these organizations, utilizing local media and 
  6.24  other local resources, conducting outreach activities, and 
  6.25  increasing the number of minority recruitment staff employed by 
  6.26  the agency.  The requirement of special efforts to locate 
  6.27  relatives in this section is satisfied ~~if~~ on the earlier of the 
  6.28  following occasions: 
  6.29     (1) the child is placed with a relative who is interested 
  6.30  in providing a permanent placement for the child; or 
  6.31     (2) the responsible child-placing agency has made 
  6.32  appropriate efforts for six months following the child's 
  6.33  placement in a residential facility and the court approves the 
  6.34  agency's efforts pursuant to section 260.191, subdivision 3a.  
  6.35  The agency may accept any gifts, grants, offers of services, and 
  6.36  other contributions to use in making special recruitment efforts.
  7.1      Sec. 8.  Minnesota Statutes 1996, section 257.072, 
  7.2   subdivision 4, is amended to read: 
  7.3      Subd. 4.  [~~CONSULTATION WITH MINORITY~~ 
  7.4   ~~REPRESENTATIVES~~ EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] ~~The~~ 
  7.5   ~~commissioner of human services shall, after seeking and~~ 
  7.6   ~~considering advice from representatives from the councils~~ 
  7.7   ~~established under sections 3.922, 3.9223, 3.9225, and 3.9226:~~ 
  7.8      ~~(1) review, and where necessary, revise the department of~~ 
  7.9   ~~human services social service manual and practice guide to~~ 
  7.10  ~~reflect the scope and intent of Laws 1983, chapter 278;~~ 
  7.11     ~~(2) develop criteria for determining whether a prospective~~ 
  7.12  ~~adoptive or foster family is "knowledgeable and appreciative" as~~ 
  7.13  ~~the term is used in section 260.181, subdivision 3;~~ 
  7.14     ~~(3) develop a standardized training curriculum for adoption~~ 
  7.15  ~~and foster care workers, family-based providers, and~~ 
  7.16  ~~administrators who work with minority and special needs~~ 
  7.17  ~~children.  Training must address the following subjects:~~ 
  7.18     ~~(a) developing and maintaining sensitivity to other~~ 
  7.19  ~~cultures;~~ 
  7.20     ~~(b) assessing values and their cultural implications; and~~ 
  7.21     ~~(c) implementing the minority child heritage protection~~ 
  7.22  ~~act, Laws 1983, chapter 278, and the Minnesota Indian family~~ 
  7.23  ~~preservation act, sections 257.35 to 257.3579;~~ 
  7.24     ~~(4) develop a training curriculum for family and extended~~ 
  7.25  ~~family members of minority adoptive and foster children.  The~~ 
  7.26  ~~curriculum must address issues relating to cross-cultural~~ 
  7.27  ~~placements as well as issues that arise after a foster or~~ 
  7.28  ~~adoptive placement is made; and~~ 
  7.29     ~~(5) develop and provide to agencies an assessment tool to~~ 
  7.30  ~~be used in combination with group interviews and other~~ 
  7.31  ~~preplacement activities to evaluate prospective adoptive and~~ 
  7.32  ~~foster families of minority children.  The tool must assess~~ 
  7.33  ~~problem-solving skills; identify parenting skills; and, when~~ 
  7.34  ~~required by section 260.181, subdivision 3, evaluate the degree~~ 
  7.35  ~~to which the prospective family is knowledgeable and~~ 
  7.36  ~~appreciative of racial and ethnic differences.~~ 
  8.1      If a developmentally disabled child, as that term is 
  8.2   defined in United States Code, title 42, section 6001 (7), as 
  8.3   amended through December 31, 1979, or a child diagnosed with an 
  8.4   emotional handicap as defined in section 252.27, subdivision 1a, 
  8.5   has been placed in a residential facility pursuant to a 
  8.6   voluntary release by the child's parent or parents because of 
  8.7   the child's handicapping conditions or need for long-term 
  8.8   residential treatment or supervision, the social service agency 
  8.9   responsible for the placement shall bring a petition for review 
  8.10  of the child's foster care status, pursuant to section 260.131, 
  8.11  subdivision 1a, rather than a petition as required by section 
  8.12  260.191, subdivision 3b, after the child has been in foster care 
  8.13  for 18 months or, in the case of a child with an emotional 
  8.14  handicap, after the child has been in a residential facility for 
  8.15  six months.  Whenever a petition for review is brought pursuant 
  8.16  to this subdivision, a guardian ad litem must be appointed for 
  8.17  the child. 
  8.18     Sec. 9.  Minnesota Statutes 1996, section 259.41, is 
  8.19  amended to read: 
  8.20     259.41 [ADOPTION STUDY.] 
  8.21     An adoption study and written report must be completed 
  8.22  before the child is placed in a prospective adoptive home under 
  8.23  this chapter and the study must be completed and filed with the 
  8.24  court at the time the adoption petition is filed.  In a direct 
  8.25  adoptive placement, the report must be filed with the court in 
  8.26  support of a motion for temporary preadoptive custody under 
  8.27  section 259.47, subdivision 3.  The study and report shall be 
  8.28  completed by a licensed child-placing agency and must be 
  8.29  thorough and comprehensive.  The study and report shall be paid 
  8.30  for by the prospective adoptive parent, except as otherwise 
  8.31  required under section 259.67 or 259.73.  
  8.32     A stepparent adoption is not subject to this section. 
  8.33     In the case of a licensed foster parent seeking to adopt a 
  8.34  child who is in the foster parent's care, any portions of the 
  8.35  foster care licensing process that duplicate requirements of the 
  8.36  home study may be submitted in satisfaction of the relevant 
  9.1   requirements of this section. 
  9.2      At a minimum, the study must include the following about 
  9.3   the prospective adoptive parent: 
  9.4      (1) a check of criminal conviction data, data on 
  9.5   substantiated maltreatment of a child under section 626.556, and 
  9.6   domestic violence data of each person over the age of 13 living 
  9.7   in the home.  The prospective adoptive parents, the bureau of 
  9.8   criminal apprehension, and other state, county, and local 
  9.9   agencies, after written notice to the subject of the study, 
  9.10  shall give the agency completing the adoption study 
  9.11  substantiated criminal conviction data and reports about 
  9.12  maltreatment of minors and vulnerable adults and domestic 
  9.13  violence.  The adoption study must also include a check of the 
  9.14  juvenile court records of each person over the age of 13 living 
  9.15  in the home.  Notwithstanding provisions of section 260.161 to 
  9.16  the contrary, the juvenile court shall release the requested 
  9.17  information to the agency completing the adoption study.  The 
  9.18  study must include an evaluation of the effect of a conviction 
  9.19  or finding of substantiated maltreatment on the ability to care 
  9.20  for a child; 
  9.21     (2) medical and social history and current health; 
  9.22     (3) assessment of potential parenting skills; 
  9.23     (4) ability to provide adequate financial support for a 
  9.24  child; and 
  9.25     (5) the level of knowledge and awareness of adoption issues 
  9.26  including where appropriate matters relating to interracial, 
  9.27  cross-cultural, and special needs adoptions. 
  9.28     The adoption study must include at least one in-home visit 
  9.29  with the prospective adoptive parent.  The adoption study is the 
  9.30  basis for completion of a written report.  The report must be in 
  9.31  a format specified by the commissioner and must contain 
  9.32  recommendations regarding the suitability of the subject of the 
  9.33  study to be an adoptive parent.  An adoption study report is 
  9.34  valid for 12 months following its date of completion. 
  9.35     A prospective adoptive parent seeking a study under this 
  9.36  section must authorize access by the agency to any private data 
 10.1   needed to complete the study, must disclose any names used 
 10.2   previously other than the name used at the time of the study, 
 10.3   and must provide a set of fingerprints, which shall be forwarded 
 10.4   to the bureau of criminal apprehension to facilitate the 
 10.5   criminal conviction background check required under clause (1).  
 10.6      Sec. 10.  Minnesota Statutes 1996, section 259.67, 
 10.7   subdivision 2, is amended to read: 
 10.8      Subd. 2.  [ADOPTION ASSISTANCE AGREEMENT.] The placing 
 10.9   agency shall certify a child as eligible for adoption assistance 
 10.10  according to rules promulgated by the commissioner.  ~~When~~ Not 
 10.11  later than 30 days after a parent or parents are found and 
 10.12  approved for adoptive placement of a child certified as eligible 
 10.13  for adoption assistance, and before the final decree of adoption 
 10.14  is issued, a written agreement must be entered into by the 
 10.15  commissioner, the adoptive parent or parents, and the placing 
 10.16  agency.  The written agreement must be in the form prescribed by 
 10.17  the commissioner and must set forth the responsibilities of all 
 10.18  parties, the anticipated duration of the adoption assistance 
 10.19  payments, and the payment terms.  The adoption assistance 
 10.20  agreement shall be subject to the commissioner's approval, which 
 10.21  must be granted or denied not later than 15 days after the 
 10.22  agreement is entered. 
 10.23     The amount of adoption assistance is subject to the 
 10.24  availability of state and federal funds and shall be determined 
 10.25  through agreement with the adoptive parents.  The agreement 
 10.26  shall take into consideration the circumstances of the adopting 
 10.27  parent or parents, the needs of the child being adopted and may 
 10.28  provide ongoing monthly assistance, supplemental maintenance 
 10.29  expenses related to the adopted person's special needs, 
 10.30  nonmedical expenses periodically necessary for purchase of 
 10.31  services, items, or equipment related to the special needs, and 
 10.32  medical expenses.  The placing agency or the adoptive parent or 
 10.33  parents shall provide written documentation to support the need 
 10.34  for adoption assistance payments.  The commissioner may require 
 10.35  periodic reevaluation of adoption assistance payments.  The 
 10.36  amount of ongoing monthly adoption assistance granted may in no 
 11.1   case exceed that which would be allowable for the child under 
 11.2   foster family care and is subject to the availability of state 
 11.3   and federal funds. 
 11.4      Sec. 11.  Minnesota Statutes 1996, section 260.012, is 
 11.5   amended to read: 
 11.6      260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 11.7   REUNIFICATION; REASONABLE EFFORTS.] 
 11.8      (a) If a child in need of protection or services is under 
 11.9   the court's jurisdiction, the court shall ensure that reasonable 
 11.10  efforts including culturally appropriate services by the social 
 11.11  service agency are made to prevent placement or to eliminate the 
 11.12  need for removal and to reunite the child with the child's 
 11.13  family at the earliest possible time, consistent with the best 
 11.14  interests, safety, and protection of the child; unless the court 
 11.15  determines that provision of services or further services for 
 11.16  the purpose of rehabilitation and reunification is futile and 
 11.17  therefore unreasonable under the circumstances.  In the case of 
 11.18  an Indian child, in proceedings under sections 260.172, 260.191, 
 11.19  and 260.221 the juvenile court must make findings and 
 11.20  conclusions consistent with the Indian Child Welfare Act of 
 11.21  1978, United States Code, title 25, section 1901 et seq., as to 
 11.22  the provision of active efforts.  If a child is under the 
 11.23  court's delinquency jurisdiction, it shall be the duty of the 
 11.24  court to ensure that reasonable efforts are made to reunite the 
 11.25  child with the child's family at the earliest possible time, 
 11.26  consistent with the best interests of the child and the safety 
 11.27  of the public. 
 11.28     (b) "Reasonable efforts" means the exercise of due 
 11.29  diligence by the responsible social service agency to use 
 11.30  appropriate and available services to meet the needs of the 
 11.31  child and the child's family in order to prevent removal of the 
 11.32  child from the child's family; or upon removal, services to 
 11.33  eliminate the need for removal and reunite the family.  Services 
 11.34  may include those listed under section 256F.07, subdivision 3, 
 11.35  and other appropriate services available in the community.  The 
 11.36  social service agency has the burden of demonstrating that it 
 12.1   has made reasonable efforts~~.~~ or that provision of services or 
 12.2   further services for the purpose of rehabilitation and 
 12.3   reunification is futile and therefore unreasonable under the 
 12.4   circumstances.  Reunification of a surviving child with a parent 
 12.5   is not required if the parent has been convicted of: 
 12.6      (1) a violation of, or an attempt or conspiracy to commit a 
 12.7   violation of, any offense in sections 609.185 to 609.20; 
 12.8   609.222, subdivision 2; or 609.223 in regard to another child of 
 12.9   the parent; 
 12.10     (2) a violation of an offense in section 609.222, 
 12.11  subdivision 2; or 609.223, in regard to the surviving child; or 
 12.12     (3) a violation of, or an attempt or conspiracy to commit a 
 12.13  violation of, United States Code, title 18, section 1111(a) or 
 12.14  1112(a), in regard to another child of the parent. 
 12.15     (c) The juvenile court, in proceedings under sections 
 12.16  260.172, 260.191, and 260.221 shall make findings and 
 12.17  conclusions as to the provision of reasonable efforts.  When 
 12.18  determining whether reasonable efforts have been made, the court 
 12.19  shall consider whether services to the child and family were: 
 12.20     (1) relevant to the safety and protection of the child; 
 12.21     (2) adequate to meet the needs of the child and family; 
 12.22     (3) culturally appropriate; 
 12.23     (4) available and accessible; 
 12.24     (5) consistent and timely; and 
 12.25     (6) realistic under the circumstances. 
 12.26     In the alternative, the court may determine that provision 
 12.27  of services or further services for the purpose of 
 12.28  rehabilitation is futile and therefore unreasonable under the 
 12.29  circumstances. 
 12.30     (d) This section does not prevent out-of-home placement for 
 12.31  treatment of a child with a mental disability when the child's 
 12.32  diagnostic assessment or individual treatment plan indicates 
 12.33  that appropriate and necessary treatment cannot be effectively 
 12.34  provided outside of a residential or inpatient treatment program.
 12.35     Sec. 12.  Minnesota Statutes 1996, section 260.015, 
 12.36  subdivision 2a, is amended to read: 
 13.1      Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 13.2   "Child in need of protection or services" means a child who is 
 13.3   in need of protection or services because the child: 
 13.4      (1) is abandoned or without parent, guardian, or custodian; 
 13.5      (2)(i) has been a victim of physical or sexual abuse, or 
 13.6   (ii) resides with or has resided with a victim of domestic child 
 13.7   abuse as defined in subdivision 24, (iii) resides with or would 
 13.8   reside with a perpetrator of domestic child abuse or child abuse 
 13.9   as defined in subdivision 28, or (iv) is a victim of emotional 
 13.10  maltreatment as defined in subdivision 5a; 
 13.11     (3) is without necessary food, clothing, shelter, 
 13.12  education, or other required care for the child's physical or 
 13.13  mental health or morals because the child's parent, guardian, or 
 13.14  custodian is unable or unwilling to provide that care; 
 13.15     (4) is without the special care made necessary by a 
 13.16  physical, mental, or emotional condition because the child's 
 13.17  parent, guardian, or custodian is unable or unwilling to provide 
 13.18  that care; 
 13.19     (5) is medically neglected, which includes, but is not 
 13.20  limited to, the withholding of medically indicated treatment 
 13.21  from a disabled infant with a life-threatening condition.  The 
 13.22  term "withholding of medically indicated treatment" means the 
 13.23  failure to respond to the infant's life-threatening conditions 
 13.24  by providing treatment, including appropriate nutrition, 
 13.25  hydration, and medication which, in the treating physician's or 
 13.26  physicians' reasonable medical judgment, will be most likely to 
 13.27  be effective in ameliorating or correcting all conditions, 
 13.28  except that the term does not include the failure to provide 
 13.29  treatment other than appropriate nutrition, hydration, or 
 13.30  medication to an infant when, in the treating physician's or 
 13.31  physicians' reasonable medical judgment: 
 13.32     (i) the infant is chronically and irreversibly comatose; 
 13.33     (ii) the provision of the treatment would merely prolong 
 13.34  dying, not be effective in ameliorating or correcting all of the 
 13.35  infant's life-threatening conditions, or otherwise be futile in 
 13.36  terms of the survival of the infant; or 
 14.1      (iii) the provision of the treatment would be virtually 
 14.2   futile in terms of the survival of the infant and the treatment 
 14.3   itself under the circumstances would be inhumane; 
 14.4      (6) is one whose parent, guardian, or other custodian for 
 14.5   good cause desires to be relieved of the child's care and 
 14.6   custody; 
 14.7      (7) has been placed for adoption or care in violation of 
 14.8   law; 
 14.9      (8) is without proper parental care because of the 
 14.10  emotional, mental, or physical disability, or state of 
 14.11  immaturity of the child's parent, guardian, or other custodian; 
 14.12     (9) is one whose behavior, condition, or environment is 
 14.13  such as to be injurious or dangerous to the child or others.  An 
 14.14  injurious or dangerous environment may include, but is not 
 14.15  limited to, the exposure of a child to criminal activity in the 
 14.16  child's home; 
 14.17     (10) has committed a delinquent act before becoming ten 
 14.18  years old; 
 14.19     (11) is a runaway; 
 14.20     (12) is an habitual truant; ~~or~~ 
 14.21     (13) has been found incompetent to proceed or has been 
 14.22  found not guilty by reason of mental illness or mental 
 14.23  deficiency in connection with a delinquency proceeding, a 
 14.24  certification under section 260.125, an extended jurisdiction 
 14.25  juvenile prosecution, or a proceeding involving a juvenile petty 
 14.26  offense; or 
 14.27     (14) is one whose custodial parent's parental rights to 
 14.28  another child have been involuntarily terminated within the past 
 14.29  five years. 
 14.30     Sec. 13.  Minnesota Statutes 1996, section 260.015, 
 14.31  subdivision 29, is amended to read: 
 14.32     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 14.33  infliction of bodily harm to a child or neglect of a child which 
 14.34  demonstrates a grossly inadequate ability to provide minimally 
 14.35  adequate parental care.  The egregious harm need not have 
 14.36  occurred in the state or in the county where a termination of 
 15.1   parental rights action is otherwise properly venued.  Egregious 
 15.2   harm includes, but is not limited to: 
 15.3      (1) conduct towards a child that constitutes a violation of 
 15.4   sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 15.5   any other similar law of ~~the United States or~~ any other state; 
 15.6      (2) the infliction of "substantial bodily harm" to a child, 
 15.7   as defined in section 609.02, subdivision 8; 
 15.8      (3) conduct towards a child that constitutes felony 
 15.9   malicious punishment of a child under section 609.377; 
 15.10     (4) conduct towards a child that constitutes felony 
 15.11  unreasonable restraint of a child under section 609.255, 
 15.12  subdivision 3; 
 15.13     (5) conduct towards a child that constitutes felony neglect 
 15.14  or endangerment of a child under section 609.378; 
 15.15     (6) conduct towards a child that constitutes assault under 
 15.16  section 609.221, 609.222, or 609.223; 
 15.17     (7) conduct towards a child that constitutes solicitation, 
 15.18  inducement, or promotion of prostitution under section 609.322; 
 15.19  ~~or~~ 
 15.20     (8) conduct towards a child that constitutes receiving 
 15.21  profit derived from prostitution under section 609.323; or 
 15.22     (9) conduct toward a child that constitutes a violation of 
 15.23  United States Code, title 18, section 1111(a) or 1112(a). 
 15.24     Sec. 14.  Minnesota Statutes 1996, section 260.131, 
 15.25  subdivision 1, is amended to read: 
 15.26     Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
 15.27  reputable person, including but not limited to any agent of the 
 15.28  commissioner of human services, having knowledge of a child in 
 15.29  this state or of a child who is a resident of this state, who 
 15.30  appears to be delinquent, in need of protection or services, or 
 15.31  neglected and in foster care, may petition the juvenile court in 
 15.32  the manner provided in this section. 
 15.33     (b) A petition for a child in need of protection filed by 
 15.34  an individual who is not a county attorney or an agent of the 
 15.35  commissioner of human services shall be filed on a form 
 15.36  developed by the state court administrator and provided to court 
 16.1   administrators.  Copies of the form may be obtained from the 
 16.2   court administrator in each county.  The court administrator 
 16.3   shall review the petition before it is filed to determine that 
 16.4   it is completed.  The court administrator may reject the 
 16.5   petition if it does not indicate that the petitioner has 
 16.6   contacted the local social service agency. 
 16.7      An individual may file a petition under this subdivision 
 16.8   without seeking internal review of the local social service 
 16.9   agency's decision.  The court shall determine whether there is 
 16.10  probable cause to believe that a need for protection or services 
 16.11  exists before the matter is set for hearing.  If the matter is 
 16.12  set for hearing, the court administrator shall notify the local 
 16.13  social service agency by sending notice to the county attorney. 
 16.14     The petition must contain: 
 16.15     (1) a statement of facts establishing probable cause to 
 16.16  believe that there is a need for protection or services for the 
 16.17  child named in the petition; 
 16.18     (2) a statement that petitioner has reported possible 
 16.19  maltreatment to the local social service agency, and protection 
 16.20  or services were not provided to the child; and 
 16.21     (3) a statement whether there are existing juvenile or 
 16.22  family court custody orders or pending proceedings in juvenile 
 16.23  or family court concerning the child. 
 16.24     Sec. 15.  Minnesota Statutes 1996, section 260.131, 
 16.25  subdivision 2, is amended to read: 
 16.26     Subd. 2.  The petition shall be verified by the person 
 16.27  having knowledge of the facts and may be on information and 
 16.28  belief.  Unless otherwise provided by this section or by rule or 
 16.29  order of the court, the county attorney shall draft the petition 
 16.30  upon the showing of reasonable grounds to support the petition. 
 16.31     Sec. 16.  Minnesota Statutes 1996, section 260.155, 
 16.32  subdivision 1, is amended to read: 
 16.33     Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
 16.34  under section 260.261, hearings on any matter shall be without a 
 16.35  jury and may be conducted in an informal manner, except that a 
 16.36  child who is prosecuted as an extended jurisdiction juvenile has 
 17.1   the right to a jury trial on the issue of guilt.  The rules of 
 17.2   evidence promulgated pursuant to section 480.0591 and the law of 
 17.3   evidence shall apply in adjudicatory proceedings involving a 
 17.4   child alleged to be delinquent, an extended jurisdiction 
 17.5   juvenile, or a juvenile petty offender, and hearings conducted 
 17.6   pursuant to section 260.125 except to the extent that the rules 
 17.7   themselves provide that they do not apply.  In all adjudicatory 
 17.8   proceedings involving a child alleged to be in need of 
 17.9   protection or services, the court shall admit only evidence that 
 17.10  would be admissible in a civil trial.  To be proved at trial, 
 17.11  allegations of a petition alleging a child to be in need of 
 17.12  protection or services must be proved by clear and convincing 
 17.13  evidence. 
 17.14     (b) Except for proceedings involving a child alleged to be 
 17.15  in need of protection or services and petitions for the 
 17.16  termination of parental rights, hearings may be continued or 
 17.17  adjourned from time to time.  In proceedings involving a child 
 17.18  alleged to be in need of protection or services and petitions 
 17.19  for the termination of parental rights, hearings may not be 
 17.20  continued or adjourned for more than one week unless the court 
 17.21  makes specific findings that the continuance or adjournment is 
 17.22  in the best interests of the child.  If a hearing is held on a 
 17.23  petition involving physical or sexual abuse of a child who is 
 17.24  alleged to be in need of protection or services or neglected and 
 17.25  in foster care, the court shall file the decision with the court 
 17.26  administrator as soon as possible but no later than 15 days 
 17.27  after the matter is submitted to the court.  When a continuance 
 17.28  or adjournment is ordered in any proceeding, the court may make 
 17.29  any interim orders as it deems in the best interests of the 
 17.30  minor in accordance with the provisions of sections 260.011 to 
 17.31  260.301. 
 17.32     (c) Except as otherwise provided in this paragraph, the 
 17.33  court shall exclude the general public from hearings under this 
 17.34  chapter and shall admit only those persons who, in the 
 17.35  discretion of the court, have a direct interest in the case or 
 17.36  in the work of the court.  The court shall open the hearings to 
 18.1   the public in: 
 18.2      (1) proceedings involving a child in need of protection or 
 18.3   services; and 
 18.4      (2) delinquency or extended jurisdiction juvenile 
 18.5   proceedings where the child is alleged to have committed an 
 18.6   offense or has been proven to have committed an offense that 
 18.7   would be a felony if committed by an adult and the child was at 
 18.8   least 16 years of age at the time of the offense, except that 
 18.9   the court may exclude the public from portions of a 
 18.10  certification hearing to discuss psychological material or other 
 18.11  evidence that would not be accessible to the public in an adult 
 18.12  proceeding. 
 18.13     (d) In all delinquency cases a person named in the charging 
 18.14  clause of the petition as a person directly damaged in person or 
 18.15  property shall be entitled, upon request, to be notified by the 
 18.16  court administrator in writing, at the named person's last known 
 18.17  address, of (1) the date of the certification or adjudicatory 
 18.18  hearings, and (2) the disposition of the case. 
 18.19     (e) Adoption hearings shall be conducted in accordance with 
 18.20  the provisions of laws relating to adoptions. 
 18.21     Sec. 17.  Minnesota Statutes 1996, section 260.155, 
 18.22  subdivision 1a, is amended to read: 
 18.23     Subd. 1a.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
 18.24  who is the subject of a petition, and the parents, guardian, or 
 18.25  ~~lawful~~ legal custodian of the child have the right to 
 18.26  participate in all proceedings on a petition.  Official tribal 
 18.27  representatives have the right to participate in any proceeding 
 18.28  that is subject to the Indian Child Welfare Act of 1978, United 
 18.29  States Code, title 25, sections 1901 to 1963. 
 18.30     Any grandparent of the child has a right to participate in 
 18.31  the proceedings to the same extent as a parent, if the child has 
 18.32  lived with the grandparent within the two years preceding the 
 18.33  filing of the petition.  At the first hearing following the 
 18.34  filing of a petition, the court shall ask whether the child has 
 18.35  lived with a grandparent within the last two years, except that 
 18.36  the court need not make this inquiry if the petition states that 
 19.1   the child did not live with a grandparent during this time 
 19.2   period.  Failure to notify a grandparent of the proceedings is 
 19.3   not a jurisdictional defect. 
 19.4      If, in a proceeding involving a child in need of protection 
 19.5   or services, the local social service agency recommends transfer 
 19.6   of permanent legal and physical custody to a relative, the 
 19.7   relative has a right to participate as a party, and thereafter 
 19.8   shall receive notice of any hearing in the proceedings.  The 
 19.9   relative has a right to counsel appointed at public expense for 
 19.10  proceedings on the permanent placement.  After placement, the 
 19.11  relative does not have a right to counsel appointed at public 
 19.12  expense in any subsequent proceeding to modify the permanent 
 19.13  placement. 
 19.14     Sec. 18.  Minnesota Statutes 1996, section 260.155, 
 19.15  subdivision 2, is amended to read:  
 19.16     Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 19.17  guardian or custodian has the right to effective assistance of 
 19.18  counsel in connection with a proceeding in juvenile court.  This 
 19.19  right does not apply to a child who is charged with a juvenile 
 19.20  petty offense as defined in section 260.015, subdivision 21, 
 19.21  unless the child is charged with a third or subsequent juvenile 
 19.22  alcohol or controlled substance offense and may be subject to 
 19.23  the alternative disposition described in section 260.195, 
 19.24  subdivision 4.  
 19.25     (b) The court shall appoint counsel, or stand-by counsel if 
 19.26  the child waives the right to counsel, for a child who is: 
 19.27     (1) charged by delinquency petition with a gross 
 19.28  misdemeanor or felony offense; ~~or~~ 
 19.29     (2) the subject of a delinquency proceeding in which 
 19.30  out-of-home placement has been proposed; or 
 19.31     (3) the subject of a petition for a child in need of 
 19.32  protection or services. 
 19.33     (c) If they desire counsel but are unable to employ it, the 
 19.34  court shall appoint counsel to represent the child or the 
 19.35  parents or guardian in any case in which it feels that such an 
 19.36  appointment is desirable, except a juvenile petty offender who 
 20.1   does not have the right to counsel under paragraph (a).  
 20.2      (d) Counsel appointed for a child in a petition alleging 
 20.3   the child is in need of protection or services shall meet with 
 20.4   the child and shall represent the child's legal interests and 
 20.5   any expressed interests.  Counsel for the child shall not also 
 20.6   act as the child's guardian ad litem.  The same attorney shall 
 20.7   act as counsel for the child throughout the proceedings. 
 20.8      Sec. 19.  Minnesota Statutes 1996, section 260.155, 
 20.9   subdivision 3, is amended to read: 
 20.10     Subd. 3.  [COUNTY ATTORNEY.] Except in adoption 
 20.11  proceedings, the county attorney shall present the evidence upon 
 20.12  request of the court.  In all proceedings for a child in need of 
 20.13  protection or services, termination of parental rights, and 
 20.14  other permanency proceedings, the local social service agency 
 20.15  has the right to participate through the county attorney.  The 
 20.16  county attorney shall advise the local social service agency of 
 20.17  its legal obligations regarding the best interests and the 
 20.18  welfare of the child and shall represent the agency in meeting 
 20.19  these obligations.  In representing the agency, the county 
 20.20  attorney shall also have the responsibility for advancing the 
 20.21  public interest in the welfare of the child. 
 20.22     Sec. 20.  Minnesota Statutes 1996, section 260.155, 
 20.23  subdivision 4, is amended to read: 
 20.24     Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 20.25  a guardian ad litem to protect the interests of the minor when 
 20.26  it appears, at any stage of the proceedings, that the minor is 
 20.27  without a parent or guardian, or that the minor's parent is a 
 20.28  minor or incompetent, or that the parent or guardian is 
 20.29  indifferent or hostile to the minor's interests, and in every 
 20.30  proceeding alleging a child's need for protection or services 
 20.31  under section 260.015, subdivision 2a~~, clauses (1) to (10)~~.  In 
 20.32  any other case the court may appoint a guardian ad litem to 
 20.33  protect the interests of the minor when the court feels that 
 20.34  such an appointment is desirable.  The court shall appoint the 
 20.35  guardian ad litem on its own motion or in the manner provided 
 20.36  for the appointment of a guardian ad litem in the district 
 21.1   court.  The court may appoint separate counsel for the guardian 
 21.2   ad litem if necessary.  
 21.3      (b) A guardian ad litem shall carry out the following 
 21.4   responsibilities: 
 21.5      (1) conduct an independent investigation to determine the 
 21.6   facts relevant to the situation of the child and the family, 
 21.7   which must include, unless specifically excluded by the court, 
 21.8   reviewing relevant documents; meeting with and observing the 
 21.9   child in the home setting and considering the child's wishes, as 
 21.10  appropriate; and interviewing parents, caregivers, and others 
 21.11  with knowledge relevant to the case; 
 21.12     (2) advocate for the child's best interests by 
 21.13  participating in appropriate aspects of the case and advocating 
 21.14  for appropriate community services when necessary; 
 21.15     (3) maintain the confidentiality of information related to 
 21.16  a case, with the exception of sharing information as permitted 
 21.17  by law to promote cooperative solutions that are in the best 
 21.18  interests of the child; 
 21.19     (4) monitor the child's best interests throughout the 
 21.20  judicial proceeding; and 
 21.21     (5) present written reports on the child's best interests 
 21.22  that include conclusions and recommendations and the facts upon 
 21.23  which they are based. 
 21.24     (c) The court may waive the appointment of a guardian ad 
 21.25  litem pursuant to clause (a), whenever counsel has been 
 21.26  appointed pursuant to subdivision 2 or is retained otherwise, 
 21.27  and the court is satisfied that the interests of the minor are 
 21.28  protected. 
 21.29     (d) In appointing a guardian ad litem pursuant to clause 
 21.30  (a), the court shall not appoint the party, or any agent or 
 21.31  employee thereof, filing a petition pursuant to section 260.131. 
 21.32     (e) The following factors shall be considered when 
 21.33  appointing a guardian ad litem in a case involving an Indian or 
 21.34  minority child: 
 21.35     (1) whether a person is available who is the same racial or 
 21.36  ethnic heritage as the child or, if that is not possible; 
 22.1      (2) whether a person is available who knows and appreciates 
 22.2   the child's racial or ethnic heritage. 
 22.3      Sec. 21.  Minnesota Statutes 1996, section 260.155, 
 22.4   subdivision 8, is amended to read: 
 22.5      Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
 22.6   has under this chapter must be an express waiver voluntarily and 
 22.7   intelligently made by the child after the child has been fully 
 22.8   and effectively informed of the right being waived.  If a child 
 22.9   is ~~under 12 years of age, the child's parent, guardian or~~ 
 22.10  ~~custodian shall give any waiver or offer any objection~~ 
 22.11  ~~contemplated by this chapter~~ not represented by counsel, any 
 22.12  waiver must be given or any objection must be offered by the 
 22.13  child's guardian ad litem. 
 22.14     (b) Waiver of a child's right to be represented by counsel 
 22.15  provided under the juvenile court rules must be an express 
 22.16  waiver voluntarily and intelligently made by the child after the 
 22.17  child has been fully and effectively informed of the right being 
 22.18  waived.  In determining whether a child has voluntarily and 
 22.19  intelligently waived the right to counsel, the court shall look 
 22.20  to the totality of the circumstances which includes but is not 
 22.21  limited to the child's age, maturity, intelligence, education, 
 22.22  experience, and ability to comprehend, and the presence and 
 22.23  competence of the child's parents, guardian, or guardian ad 
 22.24  litem.  If the court accepts the child's waiver, it shall state 
 22.25  on the record the findings and conclusions that form the basis 
 22.26  for its decision to accept the waiver. 
 22.27     Sec. 22.  Minnesota Statutes 1996, section 260.161, 
 22.28  subdivision 2, is amended to read: 
 22.29     Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
 22.30  otherwise provided in this section, and except for legal records 
 22.31  arising from proceedings or portions of proceedings that are 
 22.32  public under section 260.155, subdivision 1, none of the records 
 22.33  of the juvenile court and none of the records relating to an 
 22.34  appeal from a nonpublic juvenile court proceeding, except the 
 22.35  written appellate opinion, shall be open to public inspection or 
 22.36  their contents disclosed except (a) by order of a court or (b) 
 23.1   as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
 23.2   629.73.  In the case of records of child protection hearings 
 23.3   that are public under section 260.155, subdivision 1, only those 
 23.4   records specified in the juvenile court rules shall be public. 
 23.5   The records of juvenile probation officers and county home 
 23.6   schools are records of the court for the purposes of this 
 23.7   subdivision.  Court services data relating to delinquent acts 
 23.8   that are contained in records of the juvenile court may be 
 23.9   released as allowed under section 13.84, subdivision 5a.  This 
 23.10  subdivision applies to all proceedings under this chapter, 
 23.11  including appeals from orders of the juvenile court, except that 
 23.12  this subdivision does not apply to proceedings under section 
 23.13  260.255, 260.261, or 260.315 when the proceeding involves an 
 23.14  adult defendant.  The court shall maintain the confidentiality 
 23.15  of adoption files and records in accordance with the provisions 
 23.16  of laws relating to adoptions.  In juvenile court proceedings 
 23.17  any report or social history furnished to the court shall be 
 23.18  open to inspection by the attorneys of record and the guardian 
 23.19  ad litem a reasonable time before it is used in connection with 
 23.20  any proceeding before the court. 
 23.21     When a judge of a juvenile court, or duly authorized agent 
 23.22  of the court, determines under a proceeding under this chapter 
 23.23  that a child has violated a state or local law, ordinance, or 
 23.24  regulation pertaining to the operation of a motor vehicle on 
 23.25  streets and highways, except parking violations, the judge or 
 23.26  agent shall immediately report the violation to the commissioner 
 23.27  of public safety.  The report must be made on a form provided by 
 23.28  the department of public safety and must contain the information 
 23.29  required under section 169.95. 
 23.30     Sec. 23.  Minnesota Statutes 1996, section 260.161, is 
 23.31  amended by adding a subdivision to read: 
 23.32     Subd. 3a.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
 23.33  representing a child, parent, or guardian ad litem in a 
 23.34  proceeding under this chapter shall be given access to records, 
 23.35  local social service agency files, and reports which form the 
 23.36  basis of any recommendation made to the court.  The court may 
 24.1   issue protective orders to prohibit an attorney from sharing a 
 24.2   specified record or portion of a record with a client other than 
 24.3   a guardian ad litem. 
 24.4      Sec. 24.  Minnesota Statutes 1996, section 260.165, 
 24.5   subdivision 3, is amended to read: 
 24.6      Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
 24.7   officer takes a child into custody for shelter care or relative 
 24.8   placement pursuant to subdivision 1; section 260.135, 
 24.9   subdivision 5; or section 260.145, the officer shall notify the 
 24.10  parent or custodian that under section 260.173, subdivision 2, 
 24.11  the parent or custodian may request that the child be placed 
 24.12  with a relative or a designated parent under chapter 257A 
 24.13  instead of in a shelter care facility.  The officer also shall 
 24.14  give the parent or custodian of the child a list of names, 
 24.15  addresses, and telephone numbers of social service agencies that 
 24.16  offer child welfare services.  If the parent or custodian was 
 24.17  not present when the child was removed from the residence, the 
 24.18  list shall be left with an adult on the premises or left in a 
 24.19  conspicuous place on the premises if no adult is present.  If 
 24.20  the officer has reason to believe the parent or custodian is not 
 24.21  able to read and understand English, the officer must provide a 
 24.22  list that is written in the language of the parent or 
 24.23  custodian.  The list shall be prepared by the commissioner of 
 24.24  human services.  The commissioner shall prepare lists for each 
 24.25  county and provide each county with copies of the list without 
 24.26  charge.  The list shall be reviewed annually by the commissioner 
 24.27  and updated if it is no longer accurate.  Neither the 
 24.28  commissioner nor any peace officer or the officer's employer 
 24.29  shall be liable to any person for mistakes or omissions in the 
 24.30  list.  The list does not constitute a promise that any agency 
 24.31  listed will in fact assist the parent or custodian. 
 24.32     Sec. 25.  Minnesota Statutes 1996, section 260.191, 
 24.33  subdivision 3a, is amended to read: 
 24.34     Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
 24.35  the court places a child in a residential facility, as defined 
 24.36  in section 257.071, subdivision 1, the court shall review the 
 25.1   out-of-home placement at least every six months to determine 
 25.2   whether continued out-of-home placement is necessary and 
 25.3   appropriate or whether the child should be returned home.  The 
 25.4   court shall review agency efforts pursuant to section 257.072, 
 25.5   subdivision 1, and order that the efforts continue if the agency 
 25.6   has failed to perform the duties under that section.  The court 
 25.7   shall review the case plan and may modify the case plan as 
 25.8   provided under subdivisions 1e and 2.  If the court orders 
 25.9   continued out-of-home placement, the court shall notify the 
 25.10  parents of the provisions of subdivision 3b. 
 25.11     (b) When the court determines that a permanent placement 
 25.12  hearing is necessary because there is a likelihood that the 
 25.13  child will not return to a parent's care, the court may 
 25.14  authorize the agency with guardianship of the child to send the 
 25.15  notice provided in this paragraph to any adult with whom the 
 25.16  child is currently residing, any adult with whom the child has 
 25.17  resided for one year or longer in the past, any adult who has 
 25.18  maintained a relationship or exercised visitation with the child 
 25.19  as identified in the agency case plan for the child or 
 25.20  demonstrated an interest in the child, and any relative who has 
 25.21  provided a current address to the local social service agency.  
 25.22  This notice must not be provided to a parent whose parental 
 25.23  rights to the child have been terminated under section 260.221, 
 25.24  subdivision 1.  The notice must state that a permanent home is 
 25.25  sought for the child and that individuals receiving the notice 
 25.26  may indicate to the agency within 30 days their interest in 
 25.27  providing a permanent home.  
 25.28     Sec. 26.  Minnesota Statutes 1996, section 260.191, 
 25.29  subdivision 3b, is amended to read: 
 25.30     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 25.31  PLACEMENT DETERMINATION.] (a) ~~If the court places a child in a~~ 
 25.32  ~~residential facility, as defined in section 257.071, subdivision~~ 
 25.33  ~~1,~~ The court shall conduct a hearing to determine the permanent 
 25.34  status of ~~the~~ a child not later than 12 months after the child 
 25.35  ~~was~~ is placed out of the home of the parent.  
 25.36     For purposes of this subdivision, the date of the child's 
 26.1   placement out of the home of the parent is the earlier of the 
 26.2   first court-ordered placement or the first court approved 
 26.3   placement under section 257.071, subdivision 3, of a child who 
 26.4   had been in voluntary placement. 
 26.5      For purposes of this subdivision, 12 months is calculated 
 26.6   as follows: 
 26.7      (1) during the pendency of a petition alleging that a child 
 26.8   is in need of protection or services, all time periods a child 
 26.9   is placed out of the home of the parent are cumulated; 
 26.10     (2) if a child has been placed out of the home of the 
 26.11  parent within the previous five years in connection with one or 
 26.12  more prior petitions for a child in need of protection or 
 26.13  services, the length of all prior time periods the child was 
 26.14  placed out of the home within the previous five years and under 
 26.15  the current petition, are cumulated.  If a child under this 
 26.16  clause has been out of the home for 12 months or more, the 
 26.17  court, if it is in the best interests of the child, may extend 
 26.18  the total time the child may continue out of the home under the 
 26.19  current petition up to an additional six months before making a 
 26.20  permanency determination.  
 26.21     (b) Not later than ten days prior to this hearing, the 
 26.22  responsible social service agency shall file pleadings to 
 26.23  establish the basis for the permanent placement determination.  
 26.24  Notice of the hearing and copies of the pleadings must be 
 26.25  provided pursuant to section 260.141.  If a termination of 
 26.26  parental rights petition is filed before the date required for 
 26.27  the permanency planning determination, no hearing need be 
 26.28  conducted under this ~~section~~ subdivision.  The court shall 
 26.29  determine whether the child is to be returned home or, if not, 
 26.30  what permanent placement is consistent with the child's best 
 26.31  interests.  The "best interests of the child" means all relevant 
 26.32  factors to be considered and evaluated. 
 26.33     (c) If the child is not returned to the home, the 
 26.34  dispositions available for permanent placement determination are:
 26.35     (1) permanent legal and physical custody to a relative 
 26.36  ~~pursuant to the standards and procedures applicable under~~ 
 27.1   ~~chapter 257 or 518~~ in the best interests of the child.  The 
 27.2   social service agency may petition on behalf of the proposed 
 27.3   custodian; 
 27.4      (2) termination of parental rights and adoption; the social 
 27.5   service agency shall file a petition for termination of parental 
 27.6   rights under section 260.231 and all the requirements of 
 27.7   sections 260.221 to 260.245 remain applicable; ~~or~~ 
 27.8      (3) long-term foster care; transfer of legal custody and 
 27.9   adoption are preferred permanency options for a child who cannot 
 27.10  return home.  The court may order a child into long-term foster 
 27.11  care only if it finds that neither an award of legal and 
 27.12  physical custody to a relative, nor termination of parental 
 27.13  rights nor adoption is in the child's best interests.  Further, 
 27.14  the court may only order long-term foster care for the child 
 27.15  under this section if it finds the following: 
 27.16     (i) the child has reached age 12 and reasonable efforts by 
 27.17  the responsible social service agency have failed to locate an 
 27.18  adoptive family for the child; or 
 27.19     (ii) the child is a sibling of a child described in clause 
 27.20  (i) and the siblings have a significant positive relationship 
 27.21  and are ordered into the same long-term foster care home~~.~~; or 
 27.22     (4) foster care for a specified period of time may be 
 27.23  ordered only if: 
 27.24     (i) the sole basis for an adjudication that a child is in 
 27.25  need of protection or services is that the child is a runaway, 
 27.26  is an habitual truant, or committed a delinquent act before age 
 27.27  16; and 
 27.28     (ii) the court finds that foster care for a specified 
 27.29  period of time is in the best interests of the child. 
 27.30     ~~(b) The court may extend the time period for determination~~ 
 27.31  ~~of permanent placement to 18 months after the child was placed~~ 
 27.32  ~~in a residential facility if:~~ 
 27.33     ~~(1) there is a substantial probability that the child will~~ 
 27.34  ~~be returned home within the next six months;~~ 
 27.35     ~~(2) the agency has not made reasonable, or, in the case of~~ 
 27.36  ~~an Indian child, active efforts, to correct the conditions that~~ 
 28.1   ~~form the basis of the out-of-home placement; or~~ 
 28.2      ~~(3) extraordinary circumstances exist precluding a~~ 
 28.3   ~~permanent placement determination, in which case the court shall~~ 
 28.4   ~~make written findings documenting the extraordinary~~ 
 28.5   ~~circumstances and order one subsequent review after six months~~ 
 28.6   ~~to determine permanent placement.  A court finding that~~ 
 28.7   ~~extraordinary circumstances exist precluding a permanent~~ 
 28.8   ~~placement determination must be supported by detailed factual~~ 
 28.9   ~~findings regarding those circumstances.~~ 
 28.10     ~~(c)~~ (d) In ordering a permanent placement of a child, the 
 28.11  court must be governed by the best interests of the child, 
 28.12  including a review of the relationship between the child and 
 28.13  relatives and the child and other important persons with whom 
 28.14  the child has resided or had significant contact. 
 28.15     ~~(d)~~ (e) Once a permanent placement determination has been 
 28.16  made and permanent placement has been established, further 
 28.17  reviews are only necessary if the placement is made under 
 28.18  paragraph (c), clause (4), review is otherwise required by 
 28.19  federal law, an adoption has not yet been finalized, or there is 
 28.20  a disruption of the permanent or long-term placement.  If 
 28.21  required, reviews must take place no less frequently than every 
 28.22  six months. 
 28.23     ~~(e)~~ (f) An order under this subdivision must include the 
 28.24  following detailed findings: 
 28.25     (1) how the child's best interests are served by the order; 
 28.26     (2) the nature and extent of the responsible social service 
 28.27  agency's reasonable efforts, or, in the case of an Indian child, 
 28.28  active efforts, to reunify the child with the parent or parents; 
 28.29     (3) the parent's or parents' efforts and ability to use 
 28.30  services to correct the conditions which led to the out-of-home 
 28.31  placement; 
 28.32     (4) whether the conditions which led to the out-of-home 
 28.33  placement have been corrected so that the child can return home; 
 28.34  and 
 28.35     (5) if the child cannot be returned home, whether there is 
 28.36  a substantial probability of the child being able to return home 
 29.1   in the next six months.  
 29.2      ~~(f)~~ (g) An order for permanent legal and physical custody 
 29.3   of a child may be modified under sections 518.18 and 518.185.  
 29.4   The social service agency is a party to the proceeding and must 
 29.5   receive notice.  An order for long-term foster care is 
 29.6   reviewable upon motion and a showing by the parent of a 
 29.7   substantial change in the parent's circumstances such that the 
 29.8   parent could provide appropriate care for the child and that 
 29.9   removal of the child from the child's permanent placement and 
 29.10  the return to the parent's care would be in the best interest of 
 29.11  the child. 
 29.12     Sec. 27.  Minnesota Statutes 1996, section 260.191, 
 29.13  subdivision 4, is amended to read: 
 29.14     Subd. 4.  [CONTINUANCE OF CASE.] ~~When~~ If it is in the best 
 29.15  interests of the child ~~or the child's parents~~ to do so and ~~when~~ 
 29.16  ~~either~~ if the allegations contained in the petition have been 
 29.17  admitted, or when a hearing has been held as provided in section 
 29.18  260.155 and the allegations contained in the petition have been 
 29.19  duly proven, before the entry of a finding of need for 
 29.20  protection or services or a finding that a child is neglected 
 29.21  and in foster care ~~has been entered~~, the court may continue the 
 29.22  case for a period not to exceed 90 days on any one order.  ~~Such~~ 
 29.23  ~~a continuance may be extended for one additional successive~~ 
 29.24  ~~period not to exceed 90 days and only after the court has~~ 
 29.25  ~~reviewed the case and entered its order for an additional~~ 
 29.26  ~~continuance without a finding that the child is in need of~~ 
 29.27  ~~protection or services or neglected and in foster care.  During~~ 
 29.28  ~~this continuance the court may enter any order otherwise~~ 
 29.29  ~~permitted under the provisions of this section.~~  Following the 
 29.30  90-day continuance: 
 29.31     (1) if both the parent and child have complied with the 
 29.32  terms of the continuance, the case must be dismissed without an 
 29.33  adjudication that the child is in need of protection or services 
 29.34  or that the child is neglected and in foster care; or 
 29.35     (2) if either the parent or child has not complied with the 
 29.36  terms of the continuance, the court shall adjudicate the child 
 30.1   in need of protection or services or neglected and in foster 
 30.2   care. 
 30.3      Sec. 28.  Minnesota Statutes 1996, section 260.192, is 
 30.4   amended to read: 
 30.5      260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
 30.6      Upon a petition for review of the foster care status of a 
 30.7   child, the court may:  
 30.8      (a) In the case of a petition required to be filed under 
 30.9   section 257.071, subdivision 3, find that the child's needs are 
 30.10  being met, that the child's placement in foster care is in the 
 30.11  best interests of the child, and that the child will be returned 
 30.12  home in the next six months, in which case the court shall 
 30.13  approve the voluntary arrangement and continue the matter for 
 30.14  six months to assure the child returns to the parent's home.  
 30.15     (b) In the case of a petition required to be filed under 
 30.16  section 257.071, subdivision 4, find that the child's needs are 
 30.17  being met and that the child's placement in foster care is in 
 30.18  the best interests of the child, in which case the court shall 
 30.19  approve the voluntary arrangement.  The court shall order the 
 30.20  social service agency responsible for the placement to bring a 
 30.21  petition under section 260.131, subdivision 1 or 1a, as 
 30.22  appropriate, within ~~two years~~ 12 months. 
 30.23     (c) Find that the child's needs are not being met, in which 
 30.24  case the court shall order the social service agency or the 
 30.25  parents to take whatever action is necessary and feasible to 
 30.26  meet the child's needs, including, when appropriate, the 
 30.27  provision by the social service agency of services to the 
 30.28  parents which would enable the child to live at home, and order 
 30.29  a disposition under section 260.191. 
 30.30     (d) Find that the child has been abandoned by parents 
 30.31  financially or emotionally, or that the developmentally disabled 
 30.32  child does not require out-of-home care because of the 
 30.33  handicapping condition, in which case the court shall order the 
 30.34  social service agency to file an appropriate petition pursuant 
 30.35  to sections 260.131, subdivision 1, or 260.231. 
 30.36     Nothing in this section shall be construed to prohibit 
 31.1   bringing a petition pursuant to section 260.131, subdivision 1 
 31.2   or 2, sooner than required by court order pursuant to this 
 31.3   section. 
 31.4      Sec. 29.  Minnesota Statutes 1996, section 260.221, 
 31.5   subdivision 1, is amended to read: 
 31.6      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 31.7   court may upon petition, terminate all rights of a parent to a 
 31.8   child in the following cases: 
 31.9      (a) With the written consent of a parent who for good cause 
 31.10  desires to terminate parental rights; or 
 31.11     (b) If it finds that one or more of the following 
 31.12  conditions exist: 
 31.13     (1) that the parent has abandoned the child.  Abandonment 
 31.14  is presumed when: 
 31.15     (i) the parent has had no contact with the child on a 
 31.16  regular basis and no demonstrated, consistent interest in the 
 31.17  child's well-being for six months; and 
 31.18     (ii) the social service agency has made reasonable efforts 
 31.19  to facilitate contact, unless the parent establishes that an 
 31.20  extreme financial or physical hardship or treatment for mental 
 31.21  disability or chemical dependency or other good cause prevented 
 31.22  the parent from making contact with the child.  This presumption 
 31.23  does not apply to children whose custody has been determined 
 31.24  under chapter 257 or 518.  The court is not prohibited from 
 31.25  finding abandonment in the absence of this presumption; or 
 31.26     (2) that the parent has substantially, continuously, or 
 31.27  repeatedly refused or neglected to comply with the duties 
 31.28  imposed upon that parent by the parent and child relationship, 
 31.29  including but not limited to providing the child with necessary 
 31.30  food, clothing, shelter, education, and other care and control 
 31.31  necessary for the child's physical, mental, or emotional health 
 31.32  and development, if the parent is physically and financially 
 31.33  able, and reasonable efforts by the social service agency have 
 31.34  failed to correct the conditions that formed the basis of the 
 31.35  petition; or 
 31.36     (3) that a parent has been ordered to contribute to the 
 32.1   support of the child or financially aid in the child's birth and 
 32.2   has continuously failed to do so without good cause.  This 
 32.3   clause shall not be construed to state a grounds for termination 
 32.4   of parental rights of a noncustodial parent if that parent has 
 32.5   not been ordered to or cannot financially contribute to the 
 32.6   support of the child or aid in the child's birth; or 
 32.7      (4) that a parent is palpably unfit to be a party to the 
 32.8   parent and child relationship because of a consistent pattern of 
 32.9   specific conduct before the child or of specific conditions 
 32.10  directly relating to the parent and child relationship either of 
 32.11  which are determined by the court to be of a duration or nature 
 32.12  that renders the parent unable, for the reasonably foreseeable 
 32.13  future, to care appropriately for the ongoing physical, mental, 
 32.14  or emotional needs of the child.  It is presumed that a parent 
 32.15  is palpably unfit to be a party to the parent and child 
 32.16  relationship upon a showing that: 
 32.17     (i) the child was adjudicated in need of protection or 
 32.18  services due to circumstances described in section 260.015, 
 32.19  subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 32.20     (ii) ~~within the three-year period immediately prior to that~~ 
 32.21  ~~adjudication,~~ the parent's parental rights to one or more other 
 32.22  children were involuntarily terminated under clause (1), (2), 
 32.23  (4), or (7), or under clause (5) if the child was initially 
 32.24  determined to be in need of protection or services due to 
 32.25  circumstances described in section 260.015, subdivision 2a, 
 32.26  clause (1), (2), (3), (5), or (8); or 
 32.27     (5) that following upon a determination of neglect or 
 32.28  dependency, or of a child's need for protection or services, 
 32.29  reasonable efforts, under the direction of the court, have 
 32.30  failed to correct the conditions leading to the determination.  
 32.31  It is presumed that reasonable efforts under this clause have 
 32.32  failed upon a showing that: 
 32.33     (i) a child has resided out of the parental home under 
 32.34  court order for a cumulative period of more than one year within 
 32.35  a five-year period following an adjudication of dependency, 
 32.36  neglect, need for protection or services under section 260.015, 
 33.1   subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
 33.2   neglected and in foster care, and an order for disposition under 
 33.3   section 260.191, including adoption of the case plan required by 
 33.4   section 257.071; 
 33.5      (ii) conditions leading to the determination will not be 
 33.6   corrected within the reasonably foreseeable future.  It is 
 33.7   presumed that conditions leading to a child's out-of-home 
 33.8   placement will not be corrected in the reasonably foreseeable 
 33.9   future upon a showing that the parent or parents have not 
 33.10  substantially complied with the court's orders and a reasonable 
 33.11  case plan, and the conditions which led to the out-of-home 
 33.12  placement have not been corrected; and 
 33.13     (iii) reasonable efforts have been made by the social 
 33.14  service agency to rehabilitate the parent and reunite the family.
 33.15     This clause does not prohibit the termination of parental 
 33.16  rights prior to one year after a child has been placed out of 
 33.17  the home.  
 33.18     It is also presumed that reasonable efforts have failed 
 33.19  under this clause upon a showing that: 
 33.20     (i) the parent has been diagnosed as chemically dependent 
 33.21  by a professional certified to make the diagnosis; 
 33.22     (ii) the parent has been required by a case plan to 
 33.23  participate in a chemical dependency treatment program; 
 33.24     (iii) the treatment programs offered to the parent were 
 33.25  culturally, linguistically, and clinically appropriate; 
 33.26     (iv) the parent has either failed two or more times to 
 33.27  successfully complete a treatment program or has refused at two 
 33.28  or more separate meetings with a caseworker to participate in a 
 33.29  treatment program; and 
 33.30     (v) the parent continues to abuse chemicals.  
 33.31  Provided, that this presumption applies only to parents required 
 33.32  by a case plan to participate in a chemical dependency treatment 
 33.33  program on or after July 1, 1990; or 
 33.34     (6) that a child has experienced egregious harm in the 
 33.35  parent's care which is of a nature, duration, or chronicity that 
 33.36  indicates a lack of regard for the child's well-being, such that 
 34.1   a reasonable person would believe it contrary to the best 
 34.2   interest of the child or of any child to be in the parent's 
 34.3   care; or 
 34.4      (7) that in the case of a child born to a mother who was 
 34.5   not married to the child's father when the child was conceived 
 34.6   nor when the child was born the person is not entitled to notice 
 34.7   of an adoption hearing under section 259.49 and either the 
 34.8   person has not filed a notice of intent to retain parental 
 34.9   rights under section 259.51 or that the notice has been 
 34.10  successfully challenged; ~~or~~ 
 34.11     (8) that the child is neglected and in foster care. 
 34.12  In an action involving an American Indian child, sections 257.35 
 34.13  to 257.3579 and the Indian Child Welfare Act, United States 
 34.14  Code, title 25, sections 1901 to 1923, control to the extent 
 34.15  that the provisions of this section are inconsistent with those 
 34.16  laws; or 
 34.17     (9) that the parent has been convicted of a crime listed in 
 34.18  section 260.012, paragraph (b), clauses (1) to (3). 
 34.19     Sec. 30.  Minnesota Statutes 1996, section 260.221, 
 34.20  subdivision 5, is amended to read: 
 34.21     Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 34.22  proceeding under this section, the court shall make specific 
 34.23  findings: 
 34.24     (1) regarding the nature and extent of efforts made by the 
 34.25  social service agency to rehabilitate the parent and reunite the 
 34.26  family~~.~~; 
 34.27     (2) that provision of services or further services for the 
 34.28  purpose of rehabilitation and reunification is futile and 
 34.29  therefore unreasonable under the circumstances; or 
 34.30     (3) that reunification is not required because the parent 
 34.31  has been convicted of a crime listed in section 260.012, 
 34.32  paragraph (b), clauses (1) to (3). 
 34.33     Sec. 31.  Minnesota Statutes 1996, section 260.241, 
 34.34  subdivision 3, is amended to read: 
 34.35     Subd. 3.  (a) A certified copy of the findings and the 
 34.36  order terminating parental rights, and a summary of the court's 
 35.1   information concerning the child shall be furnished by the court 
 35.2   to the commissioner or the agency to which guardianship is 
 35.3   transferred.  The orders shall be on a document separate from 
 35.4   the findings.  The court shall furnish the individual to whom 
 35.5   guardianship is transferred a copy of the order terminating 
 35.6   parental rights. 
 35.7      (b) The court shall retain jurisdiction in a case where 
 35.8   adoption is the intended permanent placement disposition.  The 
 35.9   guardian ad litem and counsel for the child shall continue on 
 35.10  the case until an adoption decree is entered.  A hearing must be 
 35.11  held every 90 days following termination of parental rights for 
 35.12  the court to review progress toward an adoptive placement. 
 35.13     (c) The court shall retain jurisdiction in a case where 
 35.14  long-term foster care is the permanent disposition.  The 
 35.15  guardian ad litem and counsel for the child must be dismissed 
 35.16  from the case on the effective date of the permanent placement 
 35.17  order.  However, the foster parent and the child, if of 
 35.18  sufficient age, must be informed how they may contact a guardian 
 35.19  ad litem if the matter is subsequently returned to court. 
 35.20     Sec. 32.  [UNIFORM PRIVATE CHIPS PETITION.] 
 35.21     The state court administrator shall prepare and make 
 35.22  available to court administrators in each county the private 
 35.23  CHIPS petition form required by Minnesota Statutes, section 
 35.24  260.131, subdivision 1.  
 35.25     Sec. 33.  [COURT CONTINUITY AND CASE MANAGEMENT.] 
 35.26     The chief judges of the district courts, in consultation 
 35.27  with the state court administrator, shall develop case 
 35.28  management systems so that one judge hears all phases of a 
 35.29  proceeding on a child in need of protection or services, 
 35.30  including permanent placement or adoption, if any.  The chief 
 35.31  judges shall consider the "one judge, one family" model and the 
 35.32  experience of the Ramsey county pilot project.  
 35.33     Sec. 34.  [SOCIAL SERVICE CONTINUITY.] 
 35.34     Whenever feasible, managers and directors of local social 
 35.35  service agencies should promote continuity and reduce delays in 
 35.36  a case by assigning one person until it concludes in 
 36.1   reunification or a permanent placement plan.  
 36.2      Sec. 35.  [RULE.] 
 36.3      The commissioner of human services shall amend Minnesota 
 36.4   Rules, part 9560.0535, subpart 3, to authorize ending a relative 
 36.5   search for a child who has been placed with a relative who is 
 36.6   able and willing to accept the child for permanent placement. 
 36.7      Sec. 36.  [JUVENILE CODE RECODIFICATION.] 
 36.8      The revisor of statutes shall reorganize Minnesota 
 36.9   Statutes, chapter 260, to create separate, comprehensible areas 
 36.10  of law dealing with child protection and delinquency in the form 
 36.11  of a bill for introduction at the 1998 regular legislative 
 36.12  session. 
 36.13     Sec. 37.  [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 
 36.14     The commissioner of human services shall explore strategies 
 36.15  and incentives to facilitate recruitment of foster and adoptive 
 36.16  families.  The commissioner shall report to the supreme court 
 36.17  and the chairs of the committees on the judiciary and on health 
 36.18  and human services in the house of representatives and the 
 36.19  senate by February 1, 1998, on an action proposal and whether 
 36.20  any legislation is needed to implement it. 
 36.21     Sec. 38.  [FUNDING STUDY.] 
 36.22     A task force is created to examine the funding policies 
 36.23  that influence decisions for children in need of protection or 
 36.24  services.  The task force shall consist of two representatives, 
 36.25  two senators, two district court judges, a tribal court judge, 
 36.26  two county attorneys, two county commissioners, two public 
 36.27  defenders, two private attorneys, two guardians ad litem, two 
 36.28  representatives of child placement agencies, two parents, two 
 36.29  peace officers, and the commissioner of human services or a 
 36.30  designee.  The task force shall examine the funding of all 
 36.31  preventive services and temporary and permanent child placement 
 36.32  options, including foster care, adoption, legal custody, and 
 36.33  guardianship. 
 36.34     The task force shall report to the chairs of the committees 
 36.35  on health and human services and judiciary in the house of 
 36.36  representatives and the senate by February 1, 1998, with any 
 37.1   recommendations for changing funding that affects child 
 37.2   protection decisions.  
 37.3      Sec. 39.  [STATE COURT AND TRIBAL COURT COMMISSION.] 
 37.4      The supreme court shall establish a commission to examine 
 37.5   state court and tribal court relations. 
 37.6      Sec. 40.  [TRIBAL REIMBURSEMENT FOR FOSTER CARE.] 
 37.7      The commissioner of human services shall consult with 
 37.8   tribal representatives and other interested parties to explore a 
 37.9   state agreement to make tribes eligible to receive federal 
 37.10  reimbursement for foster care costs.  The commissioner shall 
 37.11  submit a recommended agreement, including a proposal for a pilot 
 37.12  project and training for tribes, to the chairs of the committees 
 37.13  on health and human services and judiciary in the house of 
 37.14  representatives and the senate by February 1, 1998. 
 37.15     Sec. 41.  [ALTERNATIVE DISPUTE RESOLUTION PILOT PROJECT.] 
 37.16     The supreme court shall establish a pilot project in two 
 37.17  counties to offer alternative dispute resolution services in all 
 37.18  phases of child in need of protection or services proceedings. 
 37.19     (a) The supreme court shall address the following in 
 37.20  designing the pilot projects: 
 37.21     (1) types of alternative dispute resolution processes to be 
 37.22  offered and at what stages of the proceedings; 
 37.23     (2) adequate due process safeguards; 
 37.24     (3) whether evidence gathered, stipulations agreed to, and 
 37.25  statements made during alternative dispute resolution will be 
 37.26  allowed as evidence in court when the alternative dispute 
 37.27  resolution process is not successful; 
 37.28     (4) who will participate in each process; 
 37.29     (5) whether equal protection problems will be created for 
 37.30  children if similarly abused spouses are not required to mediate 
 37.31  under Minnesota Statutes, chapter 518B; 
 37.32     (6) how to handle cases in which an order for protection is 
 37.33  in effect; and 
 37.34     (7) training for CHIPS neutrals in alternative dispute 
 37.35  resolution. 
 37.36     (b) The state court administrator shall evaluate the pilot 
 38.1   project, by addressing whether the use of alternative dispute 
 38.2   resolution:  improves system accountability; improves the time 
 38.3   to disposition in CHIPS cases; reduces costs; enhances parental 
 38.4   understanding of the case worker's role; increases parental 
 38.5   involvement; allows for more people to participate in 
 38.6   determining ways of addressing the child's needs; and increases 
 38.7   the possibility that all issues are addressed.  The evaluation 
 38.8   shall also evaluate the effect of alternative dispute resolution 
 38.9   on children and other participants in the process. 
 38.10     Sec. 42.  [APPROPRIATIONS.] 
 38.11     Subdivision 1.  [GUARDIANS AD LITEM.] $....... is 
 38.12  appropriated from the general fund to the state court 
 38.13  administrator to provide guardians ad litem for children in 
 38.14  proceedings for a child in need of protection or services and in 
 38.15  proceedings to terminate parental rights. 
 38.16     Subd. 2.  [COUNSEL.] $....... is appropriated from the 
 38.17  general fund to the board of public defense to provide legal 
 38.18  representation for children in proceedings for a child in need 
 38.19  of protection and in proceedings to terminate parental rights. 
 38.20     Subd. 3.  [CASE MANAGEMENT.] $....... is appropriated from 
 38.21  the general fund to the commissioner of human services to 
 38.22  develop and implement an automated case management information 
 38.23  system that supports social service staff in providing effective 
 38.24  and efficient services to child protection clients, and to fully 
 38.25  implement the Minnesota child welfare training system. 
 38.26     Sec. 43.  [REPEALER.] 
 38.27     Minnesota Statutes 1996, section 259.33, is repealed. 
 38.28     Sec. 44.  [EFFECTIVE DATES; APPLICATION.] 
 38.29     Sections 16 and 22 apply to hearings and records in child 
 38.30  protection proceedings that occur on or after August 1, 1997. 
 38.31     Section 26, paragraph (a), clause (2), applies to children 
 38.32  who were first placed outside the home on or after August 1, 
 38.33  1995.  
 38.34                             ARTICLE 2
 38.35                      PUTATIVE FATHER REGISTRY
 38.36     Section 1.  Minnesota Statutes 1996, section 259.21, is 
 39.1   amended by adding a subdivision to read: 
 39.2      Subd. 12.  [PUTATIVE FATHER.] "Putative father" means a man 
 39.3   who may be a child's father, but who: 
 39.4      (1) is not married to the child's mother on or before the 
 39.5   date that the child was or is to be born; and 
 39.6      (2) has not established paternity of the child in a court 
 39.7   proceeding before the filing of a petition for the adoption of 
 39.8   the child. 
 39.9      "Putative father" includes a male who is less than 18 years 
 39.10  old. 
 39.11     Sec. 2.  Minnesota Statutes 1996, section 259.49, 
 39.12  subdivision 1, is amended to read: 
 39.13     Subdivision 1.  [TO WHOM GIVEN.] Except as provided in 
 39.14  subdivision 3, and subject to section ~~259.51~~ 259.52, notice of 
 39.15  the hearing upon a petition to adopt a child ~~shall~~ must be given 
 39.16  to:  
 39.17     ~~(1)~~ (a) the guardian, if any, of a child; and 
 39.18     ~~(2)~~ (b) the parent of a child if: 
 39.19     ~~(a)~~ (1) the person's name appears on the child's birth 
 39.20  certificate, as a parent~~, or~~; 
 39.21     ~~(b)~~ (2) the person has substantially supported the child~~,~~ 
 39.22  ~~or~~; 
 39.23     ~~(c)~~ (3) the person either was married to the person 
 39.24  designated on the birth certificate as the natural mother within 
 39.25  the 325 days before the child's birth or married that person 
 39.26  within the ten days after the child's birth~~, or~~; 
 39.27     ~~(d)~~ (4) the person is openly living with the child or the 
 39.28  person designated on the birth certificate as the natural mother 
 39.29  of the child, or both~~, or~~; 
 39.30     ~~(e)~~ (5) the person has been adjudicated the child's parent~~,~~ 
 39.31  ~~or~~; 
 39.32     ~~(f)~~ (6) the person has filed ~~an affidavit pursuant to~~ 
 39.33  ~~section 259.51.~~ a paternity action within 60 days after the 
 39.34  child's birth and the action is still pending; 
 39.35     (7) the person and the mother of the child have signed a 
 39.36  declaration of parentage under section 257.34 before August 1, 
 40.1   1995, which has not been revoked or a recognition of parentage 
 40.2   under section 257.75, which has not been revoked; or 
 40.3      (8) the person: 
 40.4      (i) is not entitled to notice under clauses (1) to (7); 
 40.5      (ii) has registered with the putative father registry; 
 40.6      (iii) after receiving a putative father registry notice, 
 40.7   has timely filed an intent to retain parental rights with entry 
 40.8   of appearance form under section 259.52; and 
 40.9      (iv) within 30 days of receipt of the putative father 
 40.10  registry notice has initiated a paternity action, unless, for 
 40.11  good cause shown, he is unable to do so within the 30 days. 
 40.12     ~~This~~ Notice under this section need not be given to ~~any~~ 
 40.13  ~~above named~~ a person listed in this subdivision whose parental 
 40.14  rights have been terminated~~, whose notice of intention to retain~~ 
 40.15  ~~parental rights filed pursuant to section 259.51 has been~~ 
 40.16  ~~successfully challenged, who has consented to the adoption or~~ 
 40.17  ~~who has waived notice of the hearing~~.  The notice of the hearing 
 40.18  may be waived by a parent, guardian, or other interested party 
 40.19  by a writing executed before two competent witnesses and duly 
 40.20  acknowledged.  The waiver ~~shall~~ must be filed in the adoption 
 40.21  proceedings ~~at any time~~ before the matter is heard. 
 40.22     Sec. 3.  [259.52] [PUTATIVE FATHER REGISTRY.] 
 40.23     Subdivision 1.  [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] 
 40.24  (a) The commissioner of health shall establish a putative father 
 40.25  registry for the purpose of determining the identity and 
 40.26  location of a putative father interested in a minor child who 
 40.27  is, or is expected to be, the subject of an adoption proceeding, 
 40.28  in order to provide notice of the adoption proceeding to the 
 40.29  putative father who is not otherwise entitled to notice under 
 40.30  section 259.49, subdivision 1, paragraph (a) or (b), clauses (1) 
 40.31  to (7).  The commissioner shall establish rules, informational 
 40.32  material, and public service announcements necessary to 
 40.33  implement this section.  The commissioner shall set reasonable 
 40.34  fees for the use of the registry; however, no fee may be charged 
 40.35  the putative father for registering.  Any limitation on a 
 40.36  putative father's right to assert an interest in the child as 
 41.1   provided in this section applies only in adoption proceedings 
 41.2   and only to those putative fathers not entitled to notice and 
 41.3   consent under sections 259.24 and 259.49, subdivision 1, 
 41.4   paragraph (a) or (b), clauses (1) to (7).  The commissioner has 
 41.5   no independent obligation to gather or update the information to 
 41.6   be maintained on the registry.  It is the registrant's 
 41.7   responsibility to update his personal information on the 
 41.8   registry.  
 41.9      (b) The putative father registry must contain the following 
 41.10  information: 
 41.11     (1) with respect to the putative father, the: 
 41.12     (i) name, including any other names by which the putative 
 41.13  father may be known and that he may provide to the registry; 
 41.14     (ii) address at which he may be served with notice of a 
 41.15  petition under this chapter, including any change of address; 
 41.16     (iii) social security number, if known; 
 41.17     (iv) date of birth; and 
 41.18     (v) if applicable, a certified copy of an order by a court 
 41.19  of another state or territory of the United States adjudicating 
 41.20  the putative father to be the father of this child; 
 41.21     (2) with respect to the mother of the child: 
 41.22     (i) name, including all other names known to the putative 
 41.23  father by which the mother may be known; 
 41.24     (ii) if known to the putative father, her last address; 
 41.25     (iii) social security number, if known; and 
 41.26     (iv) date of birth; 
 41.27     (3) if known to the putative father, the name, gender, 
 41.28  place of birth, and date of birth or anticipated date of birth 
 41.29  of the child; 
 41.30     (4) the date that the commissioner received the putative 
 41.31  father's registration; and 
 41.32     (5) other information the commissioner determines by rule 
 41.33  to be necessary for the orderly administration of the registry. 
 41.34     Subd. 2.  [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION 
 41.35  PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for 
 41.36  adoption may be granted unless an interested party, including 
 42.1   persons intending to adopt a child, a child welfare agency with 
 42.2   whom the mother has placed or has given written notice of her 
 42.3   intention to place a child for adoption, the mother of the 
 42.4   child, or an attorney representing an interested party requests 
 42.5   that the commissioner search the registry to determine whether a 
 42.6   putative father is registered in relation to a child who is or 
 42.7   may be the subject of an adoption petition.  A search of the 
 42.8   registry may be proven by the production of a certified copy of 
 42.9   the registration form, by the certified statement of the 
 42.10  administrator of the registry form, or by the certified 
 42.11  statement of the administrator of the registry that after a 
 42.12  search no registration of a putative father in relation to a 
 42.13  child who is or may be the subject of an adoption petition could 
 42.14  be located.  Certification that the putative father registry has 
 42.15  been searched must be filed with the court prior to entry of any 
 42.16  final order of adoption. 
 42.17     Subd. 3.  [SEARCH OF REGISTRY FOR OTHER PURPOSES.] An 
 42.18  individual or agency attempting to establish a child support 
 42.19  obligation may search the putative father registry to locate 
 42.20  putative fathers. 
 42.21     Subd. 4.  [CONFIDENTIALITY OF REGISTRY; CRIMINAL PENALTY 
 42.22  FOR UNLAWFUL DISCLOSURE.] Except as otherwise provided, 
 42.23  information in the putative father registry is confidential and 
 42.24  must not be published or open to public inspection.  A person 
 42.25  who knowingly or intentionally releases confidential information 
 42.26  in violation of this section is guilty of a misdemeanor. 
 42.27     Subd. 5.  [CRIMINAL PENALTY FOR REGISTERING FALSE 
 42.28  INFORMATION.] A person who knowingly or intentionally registers 
 42.29  false information under this section is guilty of a misdemeanor. 
 42.30     Subd. 6.  [WHO MAY REGISTER.] Any putative father may 
 42.31  register with the putative father registry.  However, any 
 42.32  limitation on a putative father's right to assert an interest in 
 42.33  the child as provided in this section applies only in adoption 
 42.34  proceedings and only to those putative fathers not entitled to 
 42.35  notice and consent under sections 259.24 and 259.49, subdivision 
 42.36  1, paragraph (a) or (b), clauses (1) to (7). 
 43.1      Subd. 7.  [WHEN AND HOW TO REGISTER.] A putative father may 
 43.2   register with the department of health before the birth of the 
 43.3   child but must register no later than 30 days after the birth of 
 43.4   the child.  Registrations must be in writing and signed by the 
 43.5   putative father. 
 43.6      Subd. 8.  [FAILURE TO REGISTER.] Except for a putative 
 43.7   father who is entitled to notice and consent under sections 
 43.8   259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses 
 43.9   (1) to (7), a putative father who fails to timely register with 
 43.10  the putative father registry under subdivision 7: 
 43.11     (1) is barred thereafter from bringing or maintaining an 
 43.12  action to assert any interest in the child during the pending 
 43.13  adoption proceeding concerning the child; 
 43.14     (2) is considered to have waived and surrendered any right 
 43.15  to notice of any hearing in any judicial proceeding for adoption 
 43.16  of the child, and consent of that person to the adoption of the 
 43.17  child is not required; and 
 43.18     (3) is considered to have abandoned the child. 
 43.19     Failure to register under subdivision 7 is prima facie 
 43.20  evidence of sufficient grounds to support termination of the 
 43.21  father's parental rights under section 260.221, subdivision 1. 
 43.22     A putative father who has not timely registered under 
 43.23  subdivision 7, is considered to have timely registered if he 
 43.24  proves by clear and convincing evidence that: 
 43.25     (i) it was not possible for him to register within the 
 43.26  period of time specified in subdivision 7; 
 43.27     (ii) his failure to register was through no fault of his 
 43.28  own; and 
 43.29     (iii) he registered within ten days after it became 
 43.30  possible for him to file. 
 43.31     A lack of knowledge of the pregnancy or birth is not an 
 43.32  acceptable reason for failure to register.  
 43.33     Subd. 9.  [NOTICE AND SERVICE FOR THOSE ON PUTATIVE FATHER 
 43.34  REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO NOTICE.] Any time 
 43.35  after conception, an interested party, including persons 
 43.36  intending to adopt a child, a child welfare agency with whom the 
 44.1   mother has placed or has given written notice of her intention 
 44.2   to place a child for adoption, the mother of a child, or any 
 44.3   attorney representing an interested party, may file with the 
 44.4   court administrator a written request that the putative fathers 
 44.5   on the registry be served with a putative father registry 
 44.6   notice, an intent to claim parental rights with entry of 
 44.7   appearance form, and a denial of paternity with entry of 
 44.8   appearance and consent to adoption form pursuant to subdivision 
 44.9   11.  These documents may be served on a putative father in the 
 44.10  same manner as a summons is served in other civil proceedings, 
 44.11  or, in lieu of personal service, service may be made as follows: 
 44.12     (a) The person requesting notice shall pay to the court 
 44.13  administrator a mailing fee of $....... plus the cost of United 
 44.14  States postage for certified or registered mail and furnish to 
 44.15  the court administrator an original and one copy of the putative 
 44.16  father registry notice, the intent to claim parental rights with 
 44.17  entry of appearance form, and the denial of paternity with entry 
 44.18  of appearance and consent to adoption form together with an 
 44.19  affidavit setting forth the putative father's last known 
 44.20  address.  The original putative father registry notice, the 
 44.21  intent to claim parental rights with entry of appearance form, 
 44.22  and the denial of paternity with entry of appearance and consent 
 44.23  to adoption form must be retained by the court administrator. 
 44.24     (b) The court administrator shall mail to the putative 
 44.25  father, at the address appearing in the affidavit, the copy of 
 44.26  the putative father registry notice, the intent to claim 
 44.27  parental rights with entry of appearance form, and the denial of 
 44.28  paternity with entry of appearance and consent to adoption form 
 44.29  by certified mail, return receipt requested.  The envelope and 
 44.30  return receipt must bear the return address of the court 
 44.31  administrator.  The receipt for certified mail must state the 
 44.32  name and address of the addressee and the date of mailing and 
 44.33  must be attached to the original notice. 
 44.34     (c) The return receipt, when returned to the court 
 44.35  administrator, must be attached to the original putative father 
 44.36  registry notice, the intent to claim parental rights with entry 
 45.1   of appearance form, and the denial of paternity with entry of 
 45.2   appearance and consent to adoption form and constitutes proof of 
 45.3   service. 
 45.4      (d) The court administrator shall note the fact of service 
 45.5   in a permanent record. 
 45.6      Subd. 10.  [RESPONSE TO PUTATIVE FATHER REGISTRY NOTICE; 
 45.7   LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON FILING OF 
 45.8   DISCLAIMER OF PATERNITY.] Within 30 days of receipt of the 
 45.9   putative father registry notice, the intent to claim parental 
 45.10  rights with entry of appearance form, and the denial of 
 45.11  paternity with entry of appearance and consent to adoption form, 
 45.12  the putative father must file a completed intent to claim 
 45.13  parental rights with entry of appearance form with the court 
 45.14  administrator stating that he intends to initiate a paternity 
 45.15  action within 30 days of receipt of the putative father registry 
 45.16  notice in order to preserve the right to maintain an interest in 
 45.17  the child and receive notice during the pending adoption 
 45.18  proceeding.  Failure to initiate a paternity action within 30 
 45.19  days of receipt of the putative father registry notice does not 
 45.20  act as a bar to receiving notice under section 259.49.  If good 
 45.21  cause is shown, the putative father must be allowed more time to 
 45.22  initiate the paternity action.  A putative father who files a 
 45.23  completed denial of paternity with entry of appearance and 
 45.24  consent to adoption form or who fails to timely file an intent 
 45.25  to claim parental rights with entry of appearance form with the 
 45.26  court: 
 45.27     (1) is barred from later bringing or maintaining an action 
 45.28  to assert any interest in the child during the pending adoption 
 45.29  proceeding concerning the child; 
 45.30     (2) is considered to have waived and surrendered an right 
 45.31  to notice of a hearing in any judicial proceeding for adoption 
 45.32  of the child, and consent of that person to the adoption of the 
 45.33  child is not required; and 
 45.34     (3) is considered to have abandoned the child.  
 45.35  Failure to register is prima facie evidence of sufficient 
 45.36  grounds to support termination of the father's parental rights. 
 46.1      Subd. 11.  [PUTATIVE FATHER REGISTRY NOTICE; INTENT TO 
 46.2   CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; DENIAL OF 
 46.3   PATERNITY WITH ENTRY OF APPEARANCE AND CONSENT TO ADOPTION 
 46.4   FORM.] (a) The putative father registry notice sent under 
 46.5   subdivision 9 must be substantially as follows: 
 46.6      "IN THE MATTER OF NOTICE TO .........., PUTATIVE FATHER. 
 46.7      You have signed the putative father registry indicating 
 46.8   that you are the father of a child born on the .......... day of 
 46.9   .........., ...., (or expected to be born on or about the 
 46.10  ....... day of .........., ....). 
 46.11     The mother of the child is ........... 
 46.12     The mother has indicated that she intends to place the 
 46.13  child for adoption. 
 46.14     As the alleged father of the child by virtue of signing the 
 46.15  putative father registry, you have certain legal rights with 
 46.16  respect to the child, including the right to notice of the 
 46.17  filing of proceedings instituted for the adoption of the child.  
 46.18  If you wish to retain your rights with respect to the child, you 
 46.19  must file with the court administrator, Court of .......... 
 46.20  County, Minnesota, whose address is .........., Minnesota, 
 46.21  within 30 days after the date of receipt of this notice, the 
 46.22  enclosed intent to claim parental rights with entry of 
 46.23  appearance form stating that you are, in fact, the father of the 
 46.24  child and that you intend to retain your legal rights with 
 46.25  respect to the child by initiating a paternity action within 30 
 46.26  days of receipt of the putative father registry notice. 
 46.27     If you do not file an intent to claim parental rights with 
 46.28  entry of appearance form or a request for notice, then whatever 
 46.29  legal rights you have with respect to the child, including the 
 46.30  right to notice of any future proceedings for the adoption of 
 46.31  the child, may be terminated without any further notice to you.  
 46.32  When your legal rights with respect to the child are so 
 46.33  terminated, you will not be entitled to notice of any proceeding 
 46.34  instituted for the adoption of the child. 
 46.35     If you are not the father of the child, you may file with 
 46.36  the court administrator the denial of paternity with entry of 
 47.1   appearance and consent to adoption form enclosed herewith and 
 47.2   you will receive no further notice with respect to the child." 
 47.3      (b) The intent to claim parental rights with entry of 
 47.4   appearance form sent under subdivision 9 must be substantially 
 47.5   as follows: 
 47.6     "INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
 47.7   I, .........., state as follows: 
 47.8      (1) That I am ..... years of age; and I reside at 
 47.9   .......... in the County of .........., State of ........... 
 47.10     (2) That I have been advised that .......... is the mother 
 47.11  of a .......... male/female child named .......... born or 
 47.12  expected to be born on or about .......... and that such mother 
 47.13  has stated that I am the father of this child. 
 47.14     (3) I declare that I am the father of this child. 
 47.15     (4) I understand that the mother of this child wishes to 
 47.16  consent to the adoption of this child.  I do not consent to the 
 47.17  adoption of this child, and I understand that I must return this 
 47.18  intent to claim parental rights with entry of appearance form to 
 47.19  the court administrator of .......... County, located at 
 47.20  .........., within 30 days of receipt of this notice. 
 47.21     (5) I further understand that I am also obligated to 
 47.22  initiate a paternity action under the Parentage Act (Minnesota 
 47.23  Statutes, sections 257.51 to 257.74) within 30 days of my 
 47.24  receiving the putative father registry notice, or, if the child 
 47.25  is not yet born, within 30 days after the birth of the child, 
 47.26  unless for good cause shown I am unable to do so.  That 
 47.27  proceeding is separate and distinct from the above mailing of 
 47.28  intent to claim parental rights with entry of appearance form; 
 47.29  in the paternity action, I must state that I am, in fact, the 
 47.30  father of said child for one or more of the reasons stated in 
 47.31  Minnesota Statutes, section 257.55, subdivision 1, and that I 
 47.32  intend to retain my legal rights with respect to said child, and 
 47.33  request to be notified of any further proceedings with respect 
 47.34  to custody or adoption of the child. 
 47.35     (6) I hereby enter my appearance in the above entitled 
 47.36  cause. 
 48.1                                OATH
 48.2      I have been duly sworn and I say under oath that I have 
 48.3   read and understand this intent to claim parental rights with 
 48.4   entry of appearance form.  The facts that it contains are true 
 48.5   and correct to the best of my knowledge, and I understand that 
 48.6   by signing this document I admit my paternity.  I have signed 
 48.7   this document as my free and voluntary act. 
 48.8                                      ...........
 48.9                                      (Signature)
 48.10  Dated this .......... day of .........., ..... 
 48.11  Signed and Sworn Before Me This ....... day of .........., ..... 
 48.12                                     ...........
 48.13                                     (notary public)"
 48.14     (c) The denial of paternity with entry of appearance and 
 48.15  consent to adoption form sent under subdivision 9 must be 
 48.16  substantially as follows: 
 48.17        "DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
 48.18                       CONSENT TO ADOPTION
 48.19  I, .........., state as follows: 
 48.20     (1) That I am ..... years of age; and I reside at 
 48.21  .......... in the County of .........., State of ........... 
 48.22     (2) That I have been advised that .......... is the mother 
 48.23  of a .......... male/female child named .......... born or 
 48.24  expected to be born on or about .......... and that I have 
 48.25  registered with the putative father registry stating that I am 
 48.26  the father of this child. 
 48.27     (3) I now deny that I am the father of this child.  My 
 48.28  denial at this time will not subject me to any criminal 
 48.29  liability. 
 48.30     (4) I further understand that the mother of this child 
 48.31  wishes to consent to the adoption of the child.  I hereby 
 48.32  consent to the adoption of this child, and waive any rights, 
 48.33  remedies, and defenses that I may have now or in the future.  
 48.34  This consent is being given in order to facilitate the adoption 
 48.35  of the child and so that the court may terminate what rights I 
 48.36  may have to the child.  This consent is not in any manner an 
 49.1   admission of paternity. 
 49.2      (5) I hereby enter my appearance in the above entitled 
 49.3   cause and waive service of summons and other pleading. 
 49.4                                OATH
 49.5      I have been duly sworn and I say under oath that I have 
 49.6   read and understood this denial of paternity with entry of 
 49.7   appearance and consent to adoption.  The facts it contains are 
 49.8   true and correct to the best of my knowledge, and I understand 
 49.9   that by signing this document I have not admitted paternity.  I 
 49.10  have signed this document as my free and voluntary act in order 
 49.11  to facilitate the adoption of the child. 
 49.12                                     ...........
 49.13                                     (Signature)
 49.14  Dated this .......... day of .........., ..... 
 49.15  Signed and Sworn Before Me This ....... day of .........., ..... 
 49.16                                     ...........
 49.17                                     (notary public)"
 49.18     [The names of adoptive parents must not be included in the 
 49.19  notice.] 
 49.20     Subd. 12.  [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 
 49.21  of indigency, a putative father who has registered with the 
 49.22  putative father registry, has received a putative father 
 49.23  registry notice, and has timely filed an intent to claim 
 49.24  paternal rights with entry of appearance form with the court 
 49.25  administrator, must have counsel appointed at public expense. 
 49.26     Sec. 4.  Minnesota Statutes 1996, section 260.221, 
 49.27  subdivision 1, is amended to read: 
 49.28     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 49.29  court may upon petition, terminate all rights of a parent to a 
 49.30  child ~~in the following cases:~~ 
 49.31     ~~(a)~~ with the written consent of a parent who for good cause 
 49.32  desires to terminate parental rights; or 
 49.33     ~~(b)~~ if it finds that one or more of the following 
 49.34  conditions exist: 
 49.35     (1) That the parent has abandoned the child~~.~~; or 
 49.36     ~~Abandonment is presumed when:~~ 
 50.1      ~~(i) the parent has had no contact with the child on a~~ 
 50.2   ~~regular basis and no demonstrated, consistent interest in the~~ 
 50.3   ~~child's well-being for six months; and~~ 
 50.4      ~~(ii) the social service agency has made reasonable efforts~~ 
 50.5   ~~to facilitate contact, unless the parent establishes that an~~ 
 50.6   ~~extreme financial or physical hardship or treatment for mental~~ 
 50.7   ~~disability or chemical dependency or other good cause prevented~~ 
 50.8   ~~the parent from making contact with the child.  This presumption~~ 
 50.9   ~~does not apply to children whose custody has been determined~~ 
 50.10  ~~under chapter 257 or 518.  The court is not prohibited from~~ 
 50.11  ~~finding abandonment in the absence of this presumption; or~~ 
 50.12     (2) That the parent has substantially, continuously, or 
 50.13  repeatedly refused or neglected to comply with the duties 
 50.14  imposed upon that parent by the parent and child relationship, 
 50.15  including but not limited to providing the child with necessary 
 50.16  food, clothing, shelter, education, and other care and control 
 50.17  necessary for the child's physical, mental, or emotional health 
 50.18  and development, if the parent is physically and financially 
 50.19  able, and reasonable efforts by the social service agency have 
 50.20  failed to correct the conditions that formed the basis of the 
 50.21  petition; or 
 50.22     (3) That a parent has been ordered to contribute to the 
 50.23  support of the child or financially aid in the child's birth and 
 50.24  has continuously failed to do so without good cause.  This 
 50.25  clause shall not be construed to state a grounds for termination 
 50.26  of parental rights of a noncustodial parent if that parent has 
 50.27  not been ordered to or cannot financially contribute to the 
 50.28  support of the child or aid in the child's birth; or 
 50.29     (4) That a parent is palpably unfit to be a party to the 
 50.30  parent and child relationship because of a consistent pattern of 
 50.31  specific conduct before the child or of specific conditions 
 50.32  directly relating to the parent and child relationship either of 
 50.33  which are determined by the court to be of a duration or nature 
 50.34  that renders the parent unable, for the reasonably foreseeable 
 50.35  future, to care appropriately for the ongoing physical, mental, 
 50.36  or emotional needs of the child.  It is presumed that a parent 
 51.1   is palpably unfit to be a party to the parent and child 
 51.2   relationship upon a showing that: 
 51.3      (i) the child was adjudicated in need of protection or 
 51.4   services due to circumstances described in section 260.015, 
 51.5   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 51.6      (ii) within the three-year period immediately prior to that 
 51.7   adjudication, the parent's parental rights to one or more other 
 51.8   children were involuntarily terminated under clause (1), (2), 
 51.9   (4), or (7), or under clause (5) if the child was initially 
 51.10  determined to be in need of protection or services due to 
 51.11  circumstances described in section 260.015, subdivision 2a, 
 51.12  clause (1), (2), (3), (5), or (8); or 
 51.13     (5) That following upon a determination of neglect or 
 51.14  dependency, or of a child's need for protection or services, 
 51.15  reasonable efforts, under the direction of the court, have 
 51.16  failed to correct the conditions leading to the determination.  
 51.17  It is presumed that reasonable efforts under this clause have 
 51.18  failed upon a showing that: 
 51.19     (i) a child has resided out of the parental home under 
 51.20  court order for more than one year following an adjudication of 
 51.21  dependency, neglect, need for protection or services under 
 51.22  section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), 
 51.23  or (9), or neglected and in foster care, and an order for 
 51.24  disposition under section 260.191, including adoption of the 
 51.25  case plan required by section 257.071; 
 51.26     (ii) conditions leading to the determination will not be 
 51.27  corrected within the reasonably foreseeable future.  It is 
 51.28  presumed that conditions leading to a child's out-of-home 
 51.29  placement will not be corrected in the reasonably foreseeable 
 51.30  future upon a showing that the parent or parents have not 
 51.31  substantially complied with the court's orders and a reasonable 
 51.32  case plan, and the conditions which led to the out-of-home 
 51.33  placement have not been corrected; and 
 51.34     (iii) reasonable efforts have been made by the social 
 51.35  service agency to rehabilitate the parent and reunite the family.
 51.36     This clause does not prohibit the termination of parental 
 52.1   rights prior to one year after a child has been placed out of 
 52.2   the home.  
 52.3      It is also presumed that reasonable efforts have failed 
 52.4   under this clause upon a showing that: 
 52.5      (i) the parent has been diagnosed as chemically dependent 
 52.6   by a professional certified to make the diagnosis; 
 52.7      (ii) the parent has been required by a case plan to 
 52.8   participate in a chemical dependency treatment program; 
 52.9      (iii) the treatment programs offered to the parent were 
 52.10  culturally, linguistically, and clinically appropriate; 
 52.11     (iv) the parent has either failed two or more times to 
 52.12  successfully complete a treatment program or has refused at two 
 52.13  or more separate meetings with a caseworker to participate in a 
 52.14  treatment program; and 
 52.15     (v) the parent continues to abuse chemicals.  
 52.16  Provided, that this presumption applies only to parents required 
 52.17  by a case plan to participate in a chemical dependency treatment 
 52.18  program on or after July 1, 1990; or 
 52.19     (6) That a child has experienced egregious harm in the 
 52.20  parent's care which is of a nature, duration, or chronicity that 
 52.21  indicates a lack of regard for the child's well-being, such that 
 52.22  a reasonable person would believe it contrary to the best 
 52.23  interest of the child or of any child to be in the parent's 
 52.24  care; or 
 52.25     (7) That in the case of a child born to a mother who was 
 52.26  not married to the child's father when the child was conceived 
 52.27  nor when the child was born the person is not entitled to notice 
 52.28  of an adoption hearing under section 259.49 and either the 
 52.29  person has not ~~filed a notice of intent to retain parental~~ 
 52.30  ~~rights under section 259.51 or that the notice has been~~ 
 52.31  ~~successfully challenged~~ registered with the putative father 
 52.32  registry under section 259.52; or 
 52.33     (8) That the child is neglected and in foster care. 
 52.34  In an action involving an American Indian child, sections 257.35 
 52.35  to 257.3579 and the Indian Child Welfare Act, United States 
 52.36  Code, title 25, sections 1901 to 1923, control to the extent 
 53.1   that the provisions of this section are inconsistent with those 
 53.2   laws. 
 53.3      Sec. 5.  Minnesota Statutes 1996, section 260.221, is 
 53.4   amended by adding a subdivision to read: 
 53.5      Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
 53.6   subdivision 1, clause (1): 
 53.7      (a) Abandonment is presumed when: 
 53.8      (1) the parent has had no contact with the child on a 
 53.9   regular basis and not demonstrated, consistent interest in the 
 53.10  child's well-being for six months; and 
 53.11     (2) the social service agency has made reasonable efforts 
 53.12  to facilitate contact, unless the parent establishes that an 
 53.13  extreme financial or physical hardship or treatment for mental 
 53.14  disability or chemical dependency or other good cause prevented 
 53.15  the parent from making contact with the child.  This presumption 
 53.16  does not apply to children whose custody has been determined 
 53.17  under chapter 257 or 518.  The court is not prohibited from 
 53.18  finding abandonment in the absence of this presumption. 
 53.19     (b) The following are prima facie evidence of abandonment 
 53.20  where adoption proceedings are pending and there has been a 
 53.21  showing that the person was not entitled to notice of an 
 53.22  adoption proceeding under section 259.49: 
 53.23     (1) failure to register with the putative father registry 
 53.24  under section 259.52; or 
 53.25     (2) if the father registered with the putative father 
 53.26  registry under section 259.52: 
 53.27     (i) filing a denial of paternity within 30 days of receipt 
 53.28  of notice under section 259.52, subdivision 8; 
 53.29     (ii) failing to timely file an intent to claim parental 
 53.30  rights with entry of appearance form within 30 days of receipt 
 53.31  of notice under section 259.52, subdivision 10; or 
 53.32     (iii) timely filing an intent to claim parental rights with 
 53.33  entry of appearance form within 30 days of receipt of notice 
 53.34  under section 259.52, subdivision 10, but failing to initiate a 
 53.35  paternity action within 30 days of receiving the putative father 
 53.36  registry notice where there has been no showing of good cause 
 54.1   for the delay. 
 54.2      Sec. 6.  [REPEALER.] 
 54.3      Minnesota Statutes 1996, section 259.51, is repealed. 
 54.4                              ARTICLE 3
 54.5                         PLACEMENT DECISIONS
 54.6      Section 1.  Minnesota Statutes 1996, section 257.071, 
 54.7   subdivision 1a, is amended to read: 
 54.8      Subd. 1a.  [~~PROTECTION OF HERITAGE OR BACKGROUND~~ PLACEMENT 
 54.9   DECISIONS BASED ON BEST INTEREST OF THE CHILD.] ~~The authorized~~ 
 54.10  ~~child-placing agency shall~~ The policy of the state of Minnesota 
 54.11  is to ensure that the child's best interests are met by ~~giving~~ 
 54.12  ~~due, not sole, consideration of the child's race or ethnic~~ 
 54.13  ~~heritage in making a family foster care placement.~~ requiring an 
 54.14  individualized determination of the needs of the child and of 
 54.15  how the selected placement will serve the needs of the child 
 54.16  being placed.  The authorized child-placing agency shall place a 
 54.17  child, released by court order or by voluntary release by the 
 54.18  parent or parents, in a family foster home selected by following 
 54.19  ~~the preferences described in section 260.181,~~ subdivision 3.  
 54.20     Among the factors the agency shall consider in determining 
 54.21  the needs of the child are:  
 54.22     (1) the child's current functioning and behaviors; 
 54.23     (2) the medical, educational, and developmental needs of 
 54.24  the child; 
 54.25     (3) the child's history and past experience; 
 54.26     (4) the child's religious and cultural needs; 
 54.27     (5) the child's connection with a community, school, or 
 54.28  church; 
 54.29     (6) the child's interests and talents; 
 54.30     (7) the child's relationship to current caretakers, 
 54.31  parents, siblings, and relatives; and 
 54.32     (8) the reasonable preference of the child, if the court 
 54.33  deems the child to be of sufficient age to express preferences. 
 54.34     ~~When there is not a family foster home of the same race or~~ 
 54.35  ~~ethnic heritage available that can meet the needs of the child,~~ 
 54.36  ~~the agency must place the child in a home of a foster family~~ 
 55.1   ~~that is of different racial or ethnic heritage that can meet the~~ 
 55.2   ~~needs of the child.~~  Placement of a child cannot be delayed or 
 55.3   denied based ~~solely~~ on race~~.~~, color, or national origin of the 
 55.4   foster parent or the child.  Whenever possible, siblings should 
 55.5   be placed together unless it is determined not to be in the best 
 55.6   interests of each child.  
 55.7      Sec. 2.  Minnesota Statutes 1996, section 257.071, 
 55.8   subdivision 7, is amended to read: 
 55.9      Subd. 7.  [RULES.] By December 31, 1989, the commissioner 
 55.10  shall revise Minnesota Rules, parts 9545.0010 to 9545.0260, the 
 55.11  rules setting standards for family and group family foster 
 55.12  care.  The commissioner shall: 
 55.13     (1) require that, as a condition of licensure, foster care 
 55.14  providers attend training on ~~the importance of protecting~~ 
 55.15  understanding and validating the cultural heritage ~~within the~~ 
 55.16  ~~meaning of Laws 1983, chapter 278, the Indian Child Welfare Act,~~ 
 55.17  ~~Public Law Number 95-608, and the Minnesota Indian family~~ 
 55.18  ~~preservation act, sections 257.35 to 257.3579~~ of all children in 
 55.19  their care, and on the importance of the Indian Child Welfare 
 55.20  Act, United States Code, title 25, sections 1901 to 1923, and 
 55.21  the Minnesota Indian Family Preservation Act, sections 257.35 to 
 55.22  257.3579; and 
 55.23     (2) review and, where necessary, revise foster care rules 
 55.24  to reflect sensitivity to cultural diversity and differing 
 55.25  lifestyles.  Specifically, the commissioner shall examine 
 55.26  whether space and other requirements discriminate against 
 55.27  single-parent, minority, or low-income families who may be able 
 55.28  to provide quality foster care reflecting the values of their 
 55.29  own respective cultures. 
 55.30     Sec. 3.  Minnesota Statutes 1996, section 257.072, 
 55.31  subdivision 1, is amended to read: 
 55.32     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
 55.33  authorized child-placing agency shall make special efforts to 
 55.34  recruit a foster family from among the child's relatives, except 
 55.35  as authorized in section 260.181, subdivision 3.  In recruiting 
 55.36  placements for each child, the agency must focus on that child's 
 56.1   particular needs and the capacities of the particular 
 56.2   prospective foster parents to meet those needs.  Each agency 
 56.3   shall provide for diligent recruitment of potential foster 
 56.4   families that reflect the ethnic and racial diversity of the 
 56.5   children in the state for whom foster homes are needed.  Special 
 56.6   efforts include contacting and working with community 
 56.7   organizations and religious organizations and may include 
 56.8   contracting with these organizations, utilizing local media and 
 56.9   other local resources, conducting outreach activities, and 
 56.10  increasing the number of minority recruitment staff employed by 
 56.11  the agency.  The requirement of special efforts to locate 
 56.12  relatives in this section is satisfied if the responsible 
 56.13  child-placing agency has made appropriate efforts for six months 
 56.14  following the child's placement in a residential facility and 
 56.15  the court approves the agency's efforts pursuant to section 
 56.16  260.191, subdivision 3a.  The agency may accept any gifts, 
 56.17  grants, offers of services, and other contributions to use in 
 56.18  making special recruitment efforts. 
 56.19     Sec. 4.  Minnesota Statutes 1996, section 257.072, 
 56.20  subdivision 2, is amended to read: 
 56.21     Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
 56.22  human services shall: 
 56.23     (1) in cooperation with child-placing agencies, develop a 
 56.24  cost-effective campaign using radio and television to recruit 
 56.25  ~~minority~~ adoptive and foster families that reflect the ethnic 
 56.26  and racial diversity of children in the state for whom adoptive 
 56.27  and foster homes are needed; and 
 56.28     (2) require that agency staff people who work in the area 
 56.29  of ~~minority~~ adoption and foster family recruitment ~~attend~~ 
 56.30  participate in cultural ~~sensitivity~~ competency training~~; and~~. 
 56.31     ~~(3) monitor the record keeping, licensing, placement~~ 
 56.32  ~~preference, recruitment, review, and reporting requirements of~~ 
 56.33  ~~the minority child heritage protection act, Laws 1983, chapter~~ 
 56.34  ~~278.~~ 
 56.35     Sec. 5.  Minnesota Statutes 1996, section 257.072, 
 56.36  subdivision 3, is amended to read: 
 57.1      Subd. 3.  [~~MINORITY~~ RECRUITMENT SPECIALIST.] The 
 57.2   commissioner shall designate a permanent professional staff 
 57.3   position for ~~a minority~~ recruitment ~~specialist~~ of foster and 
 57.4   adoptive families.  The ~~minority~~ recruitment specialist shall 
 57.5   provide services to child-placing agencies seeking to 
 57.6   recruit ~~minority~~ adoptive and foster care families and qualified 
 57.7   ~~minority~~ professional staff.  The ~~minority~~ recruitment 
 57.8   specialist shall: 
 57.9      (1) develop materials for use by the agencies in training 
 57.10  staff; 
 57.11     (2) conduct in-service workshops for agency personnel; 
 57.12     (3) provide consultation, technical assistance, and other 
 57.13  appropriate services to agencies ~~wishing~~ to strengthen and 
 57.14  improve service delivery to ~~minority~~ diverse populations; and 
 57.15     (4) conduct workshops for foster care and adoption 
 57.16  recruiters to evaluate the effectiveness of techniques for 
 57.17  recruiting ~~minority~~ foster and adoptive families; and 
 57.18     (5) perform other duties as assigned by the commissioner to 
 57.19  implement the ~~minority child heritage protection act and the~~ 
 57.20  Minnesota Indian Family Preservation Act, sections 257.35 to 
 57.21  257.3579. 
 57.22     ~~Upon recommendation of the minority recruitment specialist,~~ 
 57.23  The commissioner may contract for portions of these services. 
 57.24     Sec. 6.  Minnesota Statutes 1996, section 257.072, 
 57.25  subdivision 4, is amended to read: 
 57.26     Subd. 4.  [CONSULTATION WITH ~~MINORITY~~ REPRESENTATIVES.] The 
 57.27  commissioner of human services ~~shall~~, after seeking and 
 57.28  considering advice from representatives reflecting diverse 
 57.29  populations from the councils established under sections 3.922, 
 57.30  3.9223, 3.9225, and 3.9226, and other state, local, and 
 57.31  community organizations shall: 
 57.32     (1) review, and where necessary, revise the department of 
 57.33  human services social service manual and practice guide to 
 57.34  reflect ~~the scope and intent of Laws 1983, chapter 278~~ federal 
 57.35  and state policy direction on placement of children; 
 57.36     (2) develop criteria for determining whether a prospective 
 58.1   adoptive or foster family ~~is "knowledgeable and appreciative" as~~ 
 58.2   ~~the term is used in section 260.181, subdivision 3~~ has the 
 58.3   ability to understand and validate the child's cultural 
 58.4   background; 
 58.5      (3) develop a standardized training curriculum for adoption 
 58.6   and foster care workers, family-based providers, and 
 58.7   administrators who work with ~~minority and special needs~~ 
 58.8   children.  Training must address the following ~~subjects~~ 
 58.9   objectives: 
 58.10     (a) developing and maintaining sensitivity to ~~other~~ all 
 58.11  cultures; 
 58.12     (b) assessing values and their cultural implications; and 
 58.13     (c) ~~implementing the minority child heritage protection~~ 
 58.14  ~~act, Laws 1983, chapter 278, and the Minnesota Indian family~~ 
 58.15  ~~preservation act, sections 257.35 to 257.3579~~ making 
 58.16  individualized decisions that advance the best interests of a 
 58.17  particular child under section 257.071, subdivision 1a; 
 58.18     (4) develop a training curriculum for family and extended 
 58.19  family members of ~~minority~~ adoptive and foster children of 
 58.20  color.  The curriculum must address issues relating to 
 58.21  cross-cultural placements as well as issues that arise after a 
 58.22  foster or adoptive placement is made; and 
 58.23     (5) develop and provide to agencies an assessment tool to 
 58.24  be used in combination with group interviews and other 
 58.25  preplacement activities to evaluate prospective adoptive and 
 58.26  foster families ~~of minority children~~.  The tool must assess 
 58.27  problem-solving skills; identify parenting skills; and~~, when~~ 
 58.28  ~~required by section 260.181, subdivision 3,~~ evaluate the degree 
 58.29  to which the prospective family ~~is knowledgeable and~~ 
 58.30  ~~appreciative of racial and ethnic differences~~ has the ability to 
 58.31  understand and validate the child's cultural background. 
 58.32     Sec. 7.  Minnesota Statutes 1996, section 257.072, 
 58.33  subdivision 7, is amended to read: 
 58.34     Subd. 7.  [DUTIES OF CHILD-PLACING AGENCIES.] Each 
 58.35  authorized child-placing agency must: 
 58.36     (1) develop and follow procedures for implementing the 
 59.1   ~~order of preference prescribed by~~ requirements of section 
 59.2   260.181, subdivision 3, and the Indian Child Welfare Act, United 
 59.3   States Code, title 25, sections 1901 to 1923~~;~~. 
 59.4      ~~(a)~~ In implementing the ~~order of preference~~ requirement to 
 59.5   consider relatives for placement, an authorized child-placing 
 59.6   agency may disclose private or confidential data, as defined in 
 59.7   section 13.02, to relatives of the child for the purpose of 
 59.8   locating a suitable placement.  The agency shall disclose only 
 59.9   data that is necessary to facilitate implementing the 
 59.10  preference.  If a parent makes an explicit request that the 
 59.11  relative preference not be followed, the agency shall bring the 
 59.12  matter to the attention of the court to determine whether the 
 59.13  parent's request is consistent with the best interests of the 
 59.14  child and the agency shall not contact relatives unless ordered 
 59.15  to do so by the juvenile court; and 
 59.16     ~~(b) In determining the suitability of a proposed placement~~ 
 59.17  ~~of an Indian child, the standards to be applied must be the~~ 
 59.18  ~~prevailing social and cultural standards of the Indian child's~~ 
 59.19  ~~community, and the agency shall defer to tribal judgment as to~~ 
 59.20  ~~suitability of a particular home when the tribe has intervened~~ 
 59.21  ~~pursuant to the Indian Child Welfare Act;~~ 
 59.22     (2) have a written plan for recruiting ~~minority~~ adoptive 
 59.23  and foster families that reflect the ethnic and racial diversity 
 59.24  of children in the state who are in need of foster and adoptive 
 59.25  homes.  The plan must include (a) strategies for using existing 
 59.26  resources in ~~minority~~ diverse communities, (b) use of 
 59.27  ~~minority~~ diverse outreach staff wherever possible, (c) use of 
 59.28  ~~minority~~ diverse foster homes for placements after birth and 
 59.29  before adoption, and (d) other techniques as appropriate; 
 59.30     (3) have a written plan for training adoptive and foster 
 59.31  families ~~of minority children~~; 
 59.32     (4) ~~if located in an area with a significant minority~~ 
 59.33  ~~population,~~ have a written plan for employing ~~minority social~~ 
 59.34  ~~workers~~ staff in adoption and foster care who have the capacity 
 59.35  to assess the foster and adoptive parents' ability to understand 
 59.36  and validate a child's cultural needs, and to advance the best 
 60.1   interests of the child.  The plan must include staffing goals 
 60.2   and objectives; 
 60.3      (5) ensure that adoption and foster care workers attend 
 60.4   training offered or approved by the department of human services 
 60.5   regarding cultural diversity and the needs of special needs 
 60.6   children; and 
 60.7      (6) develop and implement procedures for implementing the 
 60.8   requirements of the Indian Child Welfare Act and the Minnesota 
 60.9   Indian Family Preservation Act. 
 60.10     Sec. 8.  Minnesota Statutes 1996, section 257.072, 
 60.11  subdivision 9, is amended to read: 
 60.12     Subd. 9.  [RULES.] The commissioner of human services shall 
 60.13  adopt rules to establish standards for conducting relative 
 60.14  searches, ~~and~~ recruiting foster and adoptive families ~~of the~~ 
 60.15  ~~same racial or ethnic heritage as the child~~, ~~and~~ evaluating the 
 60.16  role of relative status in the reconsideration of 
 60.17  disqualifications under section 245A.04, subdivision 3b, and 
 60.18  granting variances of licensing requirements under section 
 60.19  245A.04, subdivision 9, in licensing or approving an individual 
 60.20  related to a child.  
 60.21     Sec. 9.  Minnesota Statutes 1996, section 259.29, is 
 60.22  amended to read: 
 60.23     259.29 [PROTECTION OF ~~HERITAGE OR BACKGROUND~~ BEST INTERESTS 
 60.24  IN ADOPTIVE PLACEMENTS.] 
 60.25     Subdivision 1.  [BEST INTERESTS OF THE CHILD.] The policy 
 60.26  of the state of Minnesota is to ensure that the best interests 
 60.27  of the child are met by requiring ~~due, not sole, consideration~~ 
 60.28  ~~of the child's race or ethnic heritage in adoption placements.~~  
 60.29  ~~For purposes of intercountry adoptions, due consideration is~~ 
 60.30  ~~deemed to have occurred if the appropriate authority in the~~ 
 60.31  ~~child's country of birth has approved the placement of the~~ 
 60.32  ~~child.~~ individualized determination of the needs of the child 
 60.33  and of how the adoptive placement will serve the needs of the 
 60.34  child. 
 60.35     Among the factors the agency shall consider in determining 
 60.36  the needs of the child are:  
 61.1      (1) the child's current functioning and behaviors; 
 61.2      (2) the medical, educational, and developmental needs of 
 61.3   the child; 
 61.4      (3) the child's history and past experience; 
 61.5      (4) the child's religious and cultural needs; 
 61.6      (5) the child's connection with community, school, and 
 61.7   church; 
 61.8      (6) the child's interests and talents; 
 61.9      (7) the child's connection to current caretakers, parents, 
 61.10  siblings, and relatives; and 
 61.11     (8) the reasonable preference of the child, if the court 
 61.12  deems the child to be of sufficient age to express preferences.  
 61.13     Subd. 2.  [PLACEMENT WITH RELATIVE OR FRIEND.] The 
 61.14  authorized child-placing agency shall ~~give preference, in the~~ 
 61.15  ~~absence of good cause to the contrary, to placing the child with~~ 
 61.16  ~~(a) a relative or relatives of the child, or, if that would be~~ 
 61.17  ~~detrimental to the child or a relative is not available, (b) an~~ 
 61.18  ~~important friend with whom the child has resided or had~~ 
 61.19  ~~significant contact, or if that is not possible, (c) a family~~ 
 61.20  ~~with the same racial or ethnic heritage as the child, or, if~~ 
 61.21  ~~that is not feasible, (d) a family of different racial or ethnic~~ 
 61.22  ~~heritage from the child which is knowledgeable and appreciative~~ 
 61.23  ~~of the child's racial or ethnic heritage.~~, consistent with the 
 61.24  child's best interests, consider placement with a relative or 
 61.25  relatives of the child, or, if a relative is not available, an 
 61.26  important friend with whom the child has resided or had 
 61.27  significant contact.  In implementing ~~the order of preference~~ 
 61.28  this section, an authorized child-placing agency may disclose 
 61.29  private or confidential data, as defined in section 13.02, to 
 61.30  relatives of the child for the purpose of locating a suitable 
 61.31  adoptive home.  The agency shall disclose only data that is 
 61.32  necessary to facilitate implementing the preference.  
 61.33     If the child's birth parent or parents explicitly request 
 61.34  that ~~the preference described in clause (a), (b), or~~ 
 61.35  ~~(c)~~ placement with relatives or important friends not be 
 61.36  ~~followed~~ considered, the authorized child-placing agency shall 
 62.1   honor that request consistent with the best interests of the 
 62.2   child. 
 62.3      If the child's birth parent or parents express a preference 
 62.4   for placing the child in an adoptive home of the same or a 
 62.5   similar religious background to that of the birth parent or 
 62.6   parents~~, in following the preferences in clause (a), (b), or~~ 
 62.7   ~~(c)~~, the agency shall place the child with a family that ~~also~~ 
 62.8   meets the birth parent's religious preference.  ~~Only if no~~ 
 62.9   ~~family is available that is described in clause (a), (b), or (c)~~ 
 62.10  ~~may the agency give preference to a family described in clause~~ 
 62.11  ~~(d) that meets the parent's religious preference.~~ 
 62.12     This subdivision does not affect the Indian Child Welfare 
 62.13  Act, United States Code, title 25, sections 1901 to 1923, and 
 62.14  the Minnesota Indian Family Preservation Act, sections 257.35 to 
 62.15  257.3579. 
 62.16     Sec. 10.  Minnesota Statutes 1996, section 259.57, 
 62.17  subdivision 2, is amended to read: 
 62.18     Subd. 2.  [PROTECTION OF ~~HERITAGE OR BACKGROUND~~ THE CHILD'S 
 62.19  BEST INTERESTS.] (a) The policy of the state of Minnesota is to 
 62.20  ensure that the best interests of children are met by 
 62.21  requiring ~~due, not sole, consideration of the child's race or~~ 
 62.22  ~~ethnic heritage in adoption placements.  For purposes of~~ 
 62.23  ~~intercountry adoptions, due consideration is deemed to have~~ 
 62.24  ~~occurred if the appropriate authority in the child's country of~~ 
 62.25  ~~birth has approved the placement of the child~~ an individualized 
 62.26  determination of the needs of the child and how the adoptive 
 62.27  placement will serve the needs of the child.  
 62.28     Among the factors the agency shall consider in determining 
 62.29  the needs of the child are: 
 62.30     (1) the child's current functioning and behaviors; 
 62.31     (2) the medical education and developmental needs of the 
 62.32  child; 
 62.33     (3) the child's history and past experience; 
 62.34     (4) the child's religious and cultural needs; 
 62.35     (5) the child's connection with a community, school, and 
 62.36  church; 
 63.1      (6) the child's interest and talents; 
 63.2      (7) the child's relationship to current caretakers, 
 63.3   parents, siblings, and relatives; and 
 63.4      (8) the reasonable preference of the child, if the court 
 63.5   deems the child to be of sufficient age to express preference. 
 63.6      (b) In reviewing adoptive placement~~, the court shall~~ 
 63.7   ~~consider preference,~~ and in determining appropriate adoption, 
 63.8   the court shall ~~give preference, in the absence of good cause to~~ 
 63.9   ~~the contrary, to (a)~~ consider placement consistent with the 
 63.10  child's best interests with a relative or relatives of the 
 63.11  child, or, if ~~that would be detrimental to the child or~~ a 
 63.12  relative is not available, to ~~(b) a family with the same racial~~ 
 63.13  ~~or ethnic heritage as the child, or if that is not feasible, to~~ 
 63.14  ~~(c) a family of different racial or ethnic heritage from the~~ 
 63.15  ~~child that is knowledgeable and appreciative of the child's~~ 
 63.16  ~~racial or ethnic heritage.~~ an important friend with whom the 
 63.17  child has resided or had significant contact.  Placement of a 
 63.18  child cannot be delayed or denied based on race, color, or 
 63.19  national origin of the foster parent or the child.  Whenever 
 63.20  possible, siblings should be placed together unless it is 
 63.21  determined not to be in the best interests of each child.  
 63.22     (c) If the child's birth parent or parents explicitly 
 63.23  request that ~~the preference described in clause (a) or in~~ 
 63.24  ~~clauses (a) and (b)~~ relatives and important friends not be 
 63.25  ~~followed~~ considered, the court shall honor that request 
 63.26  consistent with the best interests of the child. 
 63.27     If the child's birth parent or parents express a preference 
 63.28  for placing the child in an adoptive home of the same or a 
 63.29  similar religious background to that of the birth parent or 
 63.30  parents, ~~in following the preferences in clause (a) or (b),~~ the 
 63.31  court shall place the child with a family that also meets the 
 63.32  birth parent's religious preference.  Only if no family is 
 63.33  available as described in clause (a) or (b) may the court give 
 63.34  preference to a family described in clause (c) that meets the 
 63.35  parent's religious preference. 
 63.36     This subdivision does not affect the Indian Child Welfare 
 64.1   Act, United States Code, title 25, sections 1901 to 1923, and 
 64.2   the Minnesota Indian Family Preservation Act, sections 257.35 to 
 64.3   257.3579. 
 64.4      Sec. 11.  Minnesota Statutes 1996, section 259.77, is 
 64.5   amended to read: 
 64.6      259.77 [FAMILY RECRUITMENT.] 
 64.7      Each authorized child-placing agency shall make special 
 64.8   efforts to recruit an adoptive family from among the child's 
 64.9   relatives, except as authorized in section 259.57, subdivision 
 64.10  2.  Each agency shall provide for the diligent recruitment of 
 64.11  potential adoptive families that reflect the ethnic and racial 
 64.12  diversity of children in the state for whom adoptive homes are 
 64.13  needed.  Special efforts include contacting and working with 
 64.14  community organizations and religious organizations and may 
 64.15  include contracting with these organizations, utilizing local 
 64.16  media and other local resources, and conducting outreach 
 64.17  activities.  The requirement of special efforts to locate 
 64.18  relatives in this section is satisfied if ~~the efforts have~~ 
 64.19  ~~continued for six months after the child becomes available for~~ 
 64.20  ~~adoption~~ special efforts were made to recruit relatives when the 
 64.21  child was first placed in out-of-home care or if special efforts 
 64.22  have been satisfied and approved by the court ~~pursuant~~ according 
 64.23  to section 260.191, subdivision 3a.  The agency may accept any 
 64.24  gifts, grants, offers of services, and other contributions to 
 64.25  use in making special recruitment efforts. 
 64.26     Sec. 12.  Minnesota Statutes 1996, section 260.181, 
 64.27  subdivision 3, is amended to read: 
 64.28     Subd. 3.  [PROTECTION OF ~~HERITAGE OR BACKGROUND~~ THE CHILD'S 
 64.29  BEST INTERESTS.] The policy of the state is to ensure that the 
 64.30  best interests of children are met by requiring ~~due, not sole,~~ 
 64.31  ~~consideration of the child's race or ethnic~~ 
 64.32  ~~heritage~~ individualized determinations of the needs of the child 
 64.33  and of how the selected placement will serve the needs of the 
 64.34  child in foster care placements.  
 64.35     Among the factors to be considered in determining the needs 
 64.36  of the child are:  
 65.1      (1) the child's current functioning and behaviors; 
 65.2      (2) the medical, educational, and developmental needs of 
 65.3   the child; 
 65.4      (3) the child's history and past experience; 
 65.5      (4) the child's religious and cultural needs; 
 65.6      (5) the child's connection with a community, school, and 
 65.7   church; 
 65.8      (6) the child's interests and talents; 
 65.9      (7) the child's relationship to current caretakers, 
 65.10  parents, siblings, and relatives; and 
 65.11     (8) the reasonable preference of the child, if the court 
 65.12  deems the child to be of sufficient age to express preferences.  
 65.13     The court, in transferring legal custody of any child or 
 65.14  appointing a guardian for the child under the laws relating to 
 65.15  juvenile courts, shall ~~place the child, in the following order~~ 
 65.16  ~~of preference,~~ consider placement consistent with the child's 
 65.17  best interests ~~in the absence of good cause to the contrary,~~ in 
 65.18  the legal custody or guardianship of an individual who (a) is 
 65.19  related to the child by blood, marriage, or adoption, or if ~~that~~ 
 65.20  ~~would be detrimental to the child or~~ a relative is not 
 65.21  available, who (b) is an important friend with whom the child 
 65.22  has resided or had significant contact~~, or if that is not~~ 
 65.23  ~~possible, who (c) is of the same racial or ethnic heritage as~~ 
 65.24  ~~the child, or if that is not possible, who (d) is knowledgeable~~ 
 65.25  ~~and appreciative of the child's racial or ethnic~~ 
 65.26  ~~heritage~~.  Placement of a child cannot be delayed or denied 
 65.27  based on race, color, or national origin of the foster parent or 
 65.28  the child.  Whenever possible, siblings should be placed 
 65.29  together unless it is determined not to be in the best interests 
 65.30  of each child. 
 65.31     If the child's birth parent or parents explicitly request 
 65.32  that ~~the preference described in clause (a), (b), or (c)~~ a 
 65.33  relative or important friend not be ~~followed~~ considered, the 
 65.34  court shall honor that request if it is consistent with the best 
 65.35  interests of the child. 
 65.36     If the child's birth parent or parents express a preference 
 66.1   for placing the child in a foster or adoptive home of the same 
 66.2   or a similar religious background to that of the birth parent or 
 66.3   parents, ~~in following the preferences in clause (a), (b), or~~ 
 66.4   ~~(c),~~ the court shall order placement of the child with an 
 66.5   individual who meets the birth parent's religious preference.  
 66.6   ~~Only if no individual is available who is described in clause~~ 
 66.7   ~~(a), (b), or (c) may the court give preference to an individual~~ 
 66.8   ~~described in clause (d) who meets the parent's religious~~ 
 66.9   ~~preference.~~ 
 66.10     This subdivision does not affect the Indian Child Welfare 
 66.11  Act, United States Code, title 25, sections 1901 to 1923, and 
 66.12  the Minnesota Indian Family Preservation Act, sections 257.35 to 
 66.13  257.3579. 
 66.14     Sec. 13.  Minnesota Statutes 1996, section 260.191, 
 66.15  subdivision 1a, is amended to read: 
 66.16     Subd. 1a.  [WRITTEN FINDINGS.] Any order for a disposition 
 66.17  authorized under this section shall contain written findings of 
 66.18  fact to support the disposition ordered, and shall also set 
 66.19  forth in writing the following information: 
 66.20     (a) Why the best interests of the child are served by the 
 66.21  disposition ordered; 
 66.22     (b) What alternative dispositions were considered by the 
 66.23  court and why such dispositions were not appropriate in the 
 66.24  instant case; 
 66.25     (c) ~~In the case of a child of minority racial or minority~~ 
 66.26  ~~ethnic heritage,~~ How the court's disposition complies with the 
 66.27  requirements of section 260.181, subdivision 3; and 
 66.28     (d) Whether reasonable efforts consistent with section 
 66.29  260.012 were made to prevent or eliminate the necessity of the 
 66.30  child's removal and to reunify the family after removal.  The 
 66.31  court's findings must include a brief description of what 
 66.32  preventive and reunification efforts were made and why further 
 66.33  efforts could not have prevented or eliminated the necessity of 
 66.34  removal. 
 66.35     If the court finds that the social services agency's 
 66.36  preventive or reunification efforts have not been reasonable but 
 67.1   that further preventive or reunification efforts could not 
 67.2   permit the child to safely remain at home, the court may 
 67.3   nevertheless authorize or continue the removal of the child. 
 67.4                              ARTICLE 4
 67.5                          CHILD ABUSE REVIEW
 67.6      Section 1.  Minnesota Statutes 1996, section 256.045, 
 67.7   subdivision 3, is amended to read: 
 67.8      Subd. 3.  [STATE AGENCY HEARINGS.] (a) State agency 
 67.9   hearings are available for the following:  (1) any person 
 67.10  applying for, receiving or having received public assistance or 
 67.11  a program of social services granted by the state agency or a 
 67.12  county agency under sections 252.32, 256.031 to 256.036, and 
 67.13  256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the 
 67.14  federal Food Stamp Act whose application for assistance is 
 67.15  denied, not acted upon with reasonable promptness, or whose 
 67.16  assistance is suspended, reduced, terminated, or claimed to have 
 67.17  been incorrectly paid; (2) any patient or relative aggrieved by 
 67.18  an order of the commissioner under section 252.27; (3) a party 
 67.19  aggrieved by a ruling of a prepaid health plan; (4) any 
 67.20  individual or facility determined by a lead agency to have 
 67.21  maltreated a vulnerable adult under section 626.557 after they 
 67.22  have exercised their right to administrative reconsideration 
 67.23  under section 626.557; (5) any person whose claim for foster 
 67.24  care payment pursuant to a placement of the child resulting from 
 67.25  a child protection assessment under section 626.556 is denied or 
 67.26  not acted upon with reasonable promptness, regardless of funding 
 67.27  source; (6) any person to whom a right of appeal pursuant to 
 67.28  this section is given by other provision of law; ~~or~~ (7) an 
 67.29  applicant aggrieved by an adverse decision to an application for 
 67.30  a hardship waiver under section 256B.15; or (8) an individual or 
 67.31  facility determined to have maltreated a minor under section 
 67.32  626.556.  The failure to exercise the right to an administrative 
 67.33  reconsideration shall not be a bar to a hearing under this 
 67.34  section if federal law provides an individual the right to a 
 67.35  hearing to dispute a finding of maltreatment.  Individuals and 
 67.36  organizations specified in this section may contest the 
 68.1   specified action, decision, or final disposition before the 
 68.2   state agency by submitting a written request for a hearing to 
 68.3   the state agency within 30 days after receiving written notice 
 68.4   of the action, decision, or final disposition, or within 90 days 
 68.5   of such written notice if the applicant, recipient, patient, or 
 68.6   relative shows good cause why the request was not submitted 
 68.7   within the 30-day time limit. 
 68.8      The hearing for an individual or facility under clause (4) 
 68.9   and (8) is the only administrative appeal to the final ~~lead~~ 
 68.10  agency ~~disposition~~ determination specifically, including a 
 68.11  challenge to the accuracy and completeness of data under section 
 68.12  13.04.  Hearings requested under clause (4) apply only to 
 68.13  incidents of maltreatment that occur on or after October 1, 
 68.14  1995.  Hearings requested by nursing assistants in nursing homes 
 68.15  alleged to have maltreated a resident prior to October 1, 1995, 
 68.16  shall be held as a contested case proceeding under the 
 68.17  provisions of chapter 14.  Hearings requested under clause (8) 
 68.18  apply only to incidents of maltreatment that occur on or after 
 68.19  July 1, 1997.  A hearing for an individual or facility under 
 68.20  clause (8) is only available when there is no juvenile court or 
 68.21  adult criminal action pending.  If such action is filed in 
 68.22  either court while an administrative review is pending, the 
 68.23  administrative review should be suspended until the judicial 
 68.24  actions are completed.  If the juvenile court action or criminal 
 68.25  charge is dismissed or the criminal action overturned, the 
 68.26  matter may be considered in an administrative hearing. 
 68.27     For purposes of this section, bargaining unit grievance 
 68.28  procedures are not an administrative appeal. 
 68.29     The scope of hearings involving claims to foster care 
 68.30  payments under clause (5) shall be limited to the issue of 
 68.31  whether the county is legally responsible for a child's 
 68.32  placement under court order or voluntary placement agreement 
 68.33  and, if so, the correct amount of foster care payment to be made 
 68.34  on the child's behalf and shall not include review of the 
 68.35  propriety of the county's child protection determination or 
 68.36  child placement decision. 
 69.1      (b) Except for a prepaid health plan, a vendor of medical 
 69.2   care as defined in section 256B.02, subdivision 7, or a vendor 
 69.3   under contract with a county agency to provide social services 
 69.4   under section 256E.08, subdivision 4, is not a party and may not 
 69.5   request a hearing under this section, except if assisting a 
 69.6   recipient as provided in subdivision 4. 
 69.7      (c) An applicant or recipient is not entitled to receive 
 69.8   social services beyond the services included in the amended 
 69.9   community social services plan developed under section 256E.081, 
 69.10  subdivision 3, if the county agency has met the requirements in 
 69.11  section 256E.081. 
 69.12     Sec. 2.  Minnesota Statutes 1996, section 256.045, 
 69.13  subdivision 3b, is amended to read: 
 69.14     Subd. 3b.  [STANDARD OF EVIDENCE FOR MALTREATMENT 
 69.15  HEARINGS.] The state human services referee shall determine that 
 69.16  maltreatment has occurred if a preponderance of evidence exists 
 69.17  to support the final disposition under ~~section~~ sections 626.556 
 69.18  and 626.557. 
 69.19     The state human services referee shall recommend an order 
 69.20  to the commissioner of health or human services, as applicable, 
 69.21  who shall issue a final order.  The commissioner shall affirm, 
 69.22  reverse, or modify the final disposition.  Any order of the 
 69.23  commissioner issued in accordance with this subdivision is 
 69.24  conclusive upon the parties unless appeal is taken in the manner 
 69.25  provided in subdivision 7.  In any licensing appeal under 
 69.26  chapter 245A and sections 144.50 to 144.58 and 144A.02 to 
 69.27  144A.46, the commissioner's ~~findings~~ determination as to ~~whether~~ 
 69.28  maltreatment ~~occurred~~ is conclusive. 
 69.29     Sec. 3.  Minnesota Statutes 1996, section 256.045, 
 69.30  subdivision 4, is amended to read: 
 69.31     Subd. 4.  [CONDUCT OF HEARINGS.] (a) All hearings held 
 69.32  pursuant to subdivision 3, 3a, 3b, or 4a shall be conducted 
 69.33  according to the provisions of the federal Social Security Act 
 69.34  and the regulations implemented in accordance with that act to 
 69.35  enable this state to qualify for federal grants-in-aid, and 
 69.36  according to the rules and written policies of the commissioner 
 70.1   of human services.  County agencies shall install equipment 
 70.2   necessary to conduct telephone hearings.  A state human services 
 70.3   referee may schedule a telephone conference hearing when the 
 70.4   distance or time required to travel to the county agency offices 
 70.5   will cause a delay in the issuance of an order, or to promote 
 70.6   efficiency, or at the mutual request of the parties.  Hearings 
 70.7   may be conducted by telephone conferences unless the applicant, 
 70.8   recipient, former recipient, person, or facility contesting 
 70.9   maltreatment objects.  The hearing shall not be held earlier 
 70.10  than five days after filing of the required notice with the 
 70.11  county or state agency.  The state human services referee shall 
 70.12  notify all interested persons of the time, date, and location of 
 70.13  the hearing at least five days before the date of the hearing.  
 70.14  Interested persons may be represented by legal counsel or other 
 70.15  representative of their choice, including a provider of therapy 
 70.16  services, at the hearing and may appear personally, testify and 
 70.17  offer evidence, and examine and cross-examine witnesses.  The 
 70.18  applicant, recipient, former recipient, person, or facility 
 70.19  contesting maltreatment shall have the opportunity to examine 
 70.20  the contents of the case file and all documents and records to 
 70.21  be used by the county or state agency at the hearing at a 
 70.22  reasonable time before the date of the hearing and during the 
 70.23  hearing.  ~~In cases alleging discharge for maltreatment,~~ Either 
 70.24  party may subpoena the private data relating to the 
 70.25  investigation ~~memorandum~~ prepared by the ~~lead~~ agency under 
 70.26  section 626.556 or 626.557, provided the ~~name~~ identity of the 
 70.27  reporter may not be disclosed. 
 70.28     (b) The private data must be subject to a protective order 
 70.29  which prohibits its disclosure for any other purpose outside the 
 70.30  hearing provided for in this section without prior order of the 
 70.31  district court.  Disclosure without court order is punishable by 
 70.32  a sentence of not more than 90 days imprisonment or a fine of 
 70.33  not more than $700, or both.  These restrictions on the use of 
 70.34  private data do not prohibit access to the data under section 
 70.35  13.03, subdivision 6.  Except for appeals under subdivision 3, 
 70.36  paragraph (a), clauses (4), (5), and (8), upon request, the 
 71.1   county agency shall provide reimbursement for transportation, 
 71.2   child care, photocopying, medical assessment, witness fee, and 
 71.3   other necessary and reasonable costs incurred by the applicant, 
 71.4   recipient, or former recipient in connection with the appeal~~,~~ 
 71.5   ~~except in appeals brought under subdivision 3b~~.  All evidence, 
 71.6   except that privileged by law, commonly accepted by reasonable 
 71.7   people in the conduct of their affairs as having probative value 
 71.8   with respect to the issues shall be submitted at the hearing and 
 71.9   such hearing shall not be "a contested case" within the meaning 
 71.10  of section 14.02, subdivision 3.  The agency must present its 
 71.11  evidence prior to or at the hearing, and may not submit evidence 
 71.12  after the hearing except by agreement of the parties at the 
 71.13  hearing, provided the ~~recipient~~ petitioner has the opportunity 
 71.14  to respond. 
 71.15     Sec. 4.  Minnesota Statutes 1996, section 256.045, 
 71.16  subdivision 5, is amended to read: 
 71.17     Subd. 5.  [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] 
 71.18  ~~This subdivision does not apply to appeals under subdivision~~ 
 71.19  ~~3b.~~  A state human services referee shall conduct a hearing on 
 71.20  the appeal and shall recommend an order to the commissioner of 
 71.21  human services.  The recommended order must be based on all 
 71.22  relevant evidence and must not be limited to a review of the 
 71.23  propriety of the state or county agency's action.  A referee may 
 71.24  take official notice of adjudicative facts.  The commissioner of 
 71.25  human services may accept the recommended order of a state human 
 71.26  services referee and issue the order to the county agency and 
 71.27  the applicant, recipient, former recipient, or prepaid health 
 71.28  plan.  The commissioner on refusing to accept the recommended 
 71.29  order of the state human services referee, shall notify the 
 71.30  ~~county~~ petitioner, the agency ~~and the applicant, recipient,~~ 
 71.31  ~~former recipient~~, or prepaid health plan of that fact and shall 
 71.32  state reasons therefor and shall allow each party ten days' time 
 71.33  to submit additional written argument on the matter.  After the 
 71.34  expiration of the ten-day period, the commissioner shall issue 
 71.35  an order on the matter to the ~~county~~ petitioner, the agency ~~and~~ 
 71.36  ~~the applicant, recipient, former recipient~~, or prepaid health 
 72.1   plan. 
 72.2      A party aggrieved by an order of the commissioner may 
 72.3   appeal under subdivision 7, or request reconsideration by the 
 72.4   commissioner within 30 days after the date the commissioner 
 72.5   issues the order.  The commissioner may reconsider an order upon 
 72.6   request of any party or on the commissioner's own motion.  A 
 72.7   request for reconsideration does not stay implementation of the 
 72.8   commissioner's order.  Upon reconsideration, the commissioner 
 72.9   may issue an amended order or an order affirming the original 
 72.10  order. 
 72.11     Any order of the commissioner issued under this subdivision 
 72.12  shall be conclusive upon the parties unless appeal is taken in 
 72.13  the manner provided by subdivision 7.  Any order of the 
 72.14  commissioner is binding on the parties and must be implemented 
 72.15  by the state agency or a county agency until the order is 
 72.16  reversed by the district court, or unless the commissioner or a 
 72.17  district court orders monthly assistance or aid or services paid 
 72.18  or provided under subdivision 10. 
 72.19     Except for a prepaid health plan, a vendor of medical care 
 72.20  as defined in section 256B.02, subdivision 7, or a vendor under 
 72.21  contract with a county agency to provide social services under 
 72.22  section 256E.08, subdivision 4, is not a party and may not 
 72.23  request a hearing or seek judicial review of an order issued 
 72.24  under this section, unless assisting a recipient as provided in 
 72.25  subdivision 4. 
 72.26     Sec. 5.  Minnesota Statutes 1996, section 256.045, 
 72.27  subdivision 8, is amended to read: 
 72.28     Subd. 8.  [HEARING.] Any party may obtain a hearing at a 
 72.29  special term of the district court by serving a written notice 
 72.30  of the time and place of the hearing at least ten days prior to 
 72.31  the date of the hearing.  ~~Except for appeals under subdivision~~ 
 72.32  ~~3b,~~ The court may consider the matter in or out of chambers, and 
 72.33  shall take no new or additional evidence unless it determines 
 72.34  that such evidence is necessary for a more equitable disposition 
 72.35  of the appeal.