1.1                          A bill for an act 
  1.2             relating to human services; changing child placement 
  1.3             provisions; modifying provisions governing child 
  1.4             maltreatment investigations; classifying data and 
  1.5             authorizing data sharing; imposing certain duties; 
  1.6             requiring a study and report; amending Minnesota 
  1.7             Statutes 2000, sections 13.319, by adding a 
  1.8             subdivision; 13.32, subdivision 3; 13.43, by adding a 
  1.9             subdivision; 13.46, subdivision 2; 119B.02, by adding 
  1.10            a subdivision; 144.225, by adding a subdivision; 
  1.11            256.01, subdivision 2; 256.045, subdivision 3b; 
  1.12            260.012; 260C.007, subdivisions 4, 14, by adding 
  1.13            subdivisions; 260C.141, subdivision 2; 260C.151, 
  1.14            subdivision 6; 260C.178, subdivisions 1, 7; 260C.193, 
  1.15            subdivision 3; 260C.201, subdivisions 1, 2, 5, 6, 7, 
  1.16            10, 11, by adding a subdivision; 260C.205; 260C.212, 
  1.17            subdivisions 1, 2, 4, 5, 7, 8, 9; 260C.215, 
  1.18            subdivision 6; 260C.301, subdivisions 1, 3, 4, 8; 
  1.19            260C.312; 260C.317, subdivision 3; 260C.325, 
  1.20            subdivision 4; 626.556, subdivisions 2, 3, 4, 7, 10, 
  1.21            10b, 10d, 10e, 10i, 10j, 11; proposing coding for new 
  1.22            law in Minnesota Statutes, chapter 256F; repealing 
  1.23            Minnesota Statutes 2000, sections 260C.325, 
  1.24            subdivision 2; 626.5565. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27                          CHILD PLACEMENT
  1.28     Section 1.  Minnesota Statutes 2000, section 144.225, is 
  1.29  amended by adding a subdivision to read: 
  1.30     Subd. 2b.  [COMMISSIONER OF HEALTH; 
  1.31  DUTIES.] Notwithstanding the designation of certain of this data 
  1.32  as confidential under subdivision 2 or private under subdivision 
  1.33  2a, the commissioner shall give the commissioner of human 
  1.34  services access to birth record data and data contained in 
  1.35  recognitions of parentage prepared according to section 257.75 
  2.1   necessary to enable the commissioner of human services to 
  2.2   identify a child who is subject to threatened injury, as defined 
  2.3   in section 626.556, subdivision 2, paragraph (l), by a person 
  2.4   responsible for the child's care, as defined in section 626.556, 
  2.5   subdivision 2, paragraph (b), clause (1).  The commissioner 
  2.6   shall be given access to all data included on official birth 
  2.7   certificates. 
  2.8      Sec. 2.  Minnesota Statutes 2000, section 256.01, 
  2.9   subdivision 2, is amended to read: 
  2.10     Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
  2.11  section 241.021, subdivision 2, the commissioner of human 
  2.12  services shall: 
  2.13     (1) Administer and supervise all forms of public assistance 
  2.14  provided for by state law and other welfare activities or 
  2.15  services as are vested in the commissioner.  Administration and 
  2.16  supervision of human services activities or services includes, 
  2.17  but is not limited to, assuring timely and accurate distribution 
  2.18  of benefits, completeness of service, and quality program 
  2.19  management.  In addition to administering and supervising human 
  2.20  services activities vested by law in the department, the 
  2.21  commissioner shall have the authority to: 
  2.22     (a) require county agency participation in training and 
  2.23  technical assistance programs to promote compliance with 
  2.24  statutes, rules, federal laws, regulations, and policies 
  2.25  governing human services; 
  2.26     (b) monitor, on an ongoing basis, the performance of county 
  2.27  agencies in the operation and administration of human services, 
  2.28  enforce compliance with statutes, rules, federal laws, 
  2.29  regulations, and policies governing welfare services and promote 
  2.30  excellence of administration and program operation; 
  2.31     (c) develop a quality control program or other monitoring 
  2.32  program to review county performance and accuracy of benefit 
  2.33  determinations; 
  2.34     (d) require county agencies to make an adjustment to the 
  2.35  public assistance benefits issued to any individual consistent 
  2.36  with federal law and regulation and state law and rule and to 
  3.1   issue or recover benefits as appropriate; 
  3.2      (e) delay or deny payment of all or part of the state and 
  3.3   federal share of benefits and administrative reimbursement 
  3.4   according to the procedures set forth in section 256.017; 
  3.5      (f) make contracts with and grants to public and private 
  3.6   agencies and organizations, both profit and nonprofit, and 
  3.7   individuals, using appropriated funds; and 
  3.8      (g) enter into contractual agreements with federally 
  3.9   recognized Indian tribes with a reservation in Minnesota to the 
  3.10  extent necessary for the tribe to operate a federally approved 
  3.11  family assistance program or any other program under the 
  3.12  supervision of the commissioner.  The commissioner shall consult 
  3.13  with the affected county or counties in the contractual 
  3.14  agreement negotiations, if the county or counties wish to be 
  3.15  included, in order to avoid the duplication of county and tribal 
  3.16  assistance program services.  The commissioner may establish 
  3.17  necessary accounts for the purposes of receiving and disbursing 
  3.18  funds as necessary for the operation of the programs. 
  3.19     (2) Inform county agencies, on a timely basis, of changes 
  3.20  in statute, rule, federal law, regulation, and policy necessary 
  3.21  to county agency administration of the programs. 
  3.22     (3) Administer and supervise all child welfare activities; 
  3.23  promote the enforcement of laws protecting handicapped, 
  3.24  dependent, neglected and delinquent children, and children born 
  3.25  to mothers who were not married to the children's fathers at the 
  3.26  times of the conception nor at the births of the children; 
  3.27  license and supervise child-caring and child-placing agencies 
  3.28  and institutions; supervise the care of children in boarding and 
  3.29  foster homes or in private institutions; and generally perform 
  3.30  all functions relating to the field of child welfare now vested 
  3.31  in the state board of control. 
  3.32     (4) Administer and supervise all noninstitutional service 
  3.33  to handicapped persons, including those who are visually 
  3.34  impaired, hearing impaired, or physically impaired or otherwise 
  3.35  handicapped.  The commissioner may provide and contract for the 
  3.36  care and treatment of qualified indigent children in facilities 
  4.1   other than those located and available at state hospitals when 
  4.2   it is not feasible to provide the service in state hospitals. 
  4.3      (5) Assist and actively cooperate with other departments, 
  4.4   agencies and institutions, local, state, and federal, by 
  4.5   performing services in conformity with the purposes of Laws 
  4.6   1939, chapter 431. 
  4.7      (6) Act as the agent of and cooperate with the federal 
  4.8   government in matters of mutual concern relative to and in 
  4.9   conformity with the provisions of Laws 1939, chapter 431, 
  4.10  including the administration of any federal funds granted to the 
  4.11  state to aid in the performance of any functions of the 
  4.12  commissioner as specified in Laws 1939, chapter 431, and 
  4.13  including the promulgation of rules making uniformly available 
  4.14  medical care benefits to all recipients of public assistance, at 
  4.15  such times as the federal government increases its participation 
  4.16  in assistance expenditures for medical care to recipients of 
  4.17  public assistance, the cost thereof to be borne in the same 
  4.18  proportion as are grants of aid to said recipients. 
  4.19     (7) Establish and maintain any administrative units 
  4.20  reasonably necessary for the performance of administrative 
  4.21  functions common to all divisions of the department. 
  4.22     (8) Act as designated guardian of both the estate and the 
  4.23  person of all the wards of the state of Minnesota, whether by 
  4.24  operation of law or by an order of court, without any further 
  4.25  act or proceeding whatever, except as to persons committed as 
  4.26  mentally retarded.  For children under the guardianship of the 
  4.27  commissioner whose interests would be best served by adoptive 
  4.28  placement, the commissioner may contract with a licensed 
  4.29  child-placing agency or a Minnesota tribal social services 
  4.30  agency to provide adoption services.  A contract with a licensed 
  4.31  child-placing agency must be designed to supplement existing 
  4.32  county efforts and may not replace existing county programs, 
  4.33  unless the replacement is agreed to by the county board and the 
  4.34  appropriate exclusive bargaining representative or the 
  4.35  commissioner has evidence that child placements of the county 
  4.36  continue to be substantially below that of other counties.  
  5.1   Funds encumbered and obligated under an agreement for a specific 
  5.2   child shall remain available until the terms of the agreement 
  5.3   are fulfilled or the agreement is terminated. 
  5.4      (9) Act as coordinating referral and informational center 
  5.5   on requests for service for newly arrived immigrants coming to 
  5.6   Minnesota. 
  5.7      (10) The specific enumeration of powers and duties as 
  5.8   hereinabove set forth shall in no way be construed to be a 
  5.9   limitation upon the general transfer of powers herein contained. 
  5.10     (11) Establish county, regional, or statewide schedules of 
  5.11  maximum fees and charges which may be paid by county agencies 
  5.12  for medical, dental, surgical, hospital, nursing and nursing 
  5.13  home care and medicine and medical supplies under all programs 
  5.14  of medical care provided by the state and for congregate living 
  5.15  care under the income maintenance programs. 
  5.16     (12) Have the authority to conduct and administer 
  5.17  experimental projects to test methods and procedures of 
  5.18  administering assistance and services to recipients or potential 
  5.19  recipients of public welfare.  To carry out such experimental 
  5.20  projects, it is further provided that the commissioner of human 
  5.21  services is authorized to waive the enforcement of existing 
  5.22  specific statutory program requirements, rules, and standards in 
  5.23  one or more counties.  The order establishing the waiver shall 
  5.24  provide alternative methods and procedures of administration, 
  5.25  shall not be in conflict with the basic purposes, coverage, or 
  5.26  benefits provided by law, and in no event shall the duration of 
  5.27  a project exceed four years.  It is further provided that no 
  5.28  order establishing an experimental project as authorized by the 
  5.29  provisions of this section shall become effective until the 
  5.30  following conditions have been met: 
  5.31     (a) The secretary of health and human services of the 
  5.32  United States has agreed, for the same project, to waive state 
  5.33  plan requirements relative to statewide uniformity. 
  5.34     (b) A comprehensive plan, including estimated project 
  5.35  costs, shall be approved by the legislative advisory commission 
  5.36  and filed with the commissioner of administration.  
  6.1      (13) According to federal requirements, establish 
  6.2   procedures to be followed by local welfare boards in creating 
  6.3   citizen advisory committees, including procedures for selection 
  6.4   of committee members. 
  6.5      (14) Allocate federal fiscal disallowances or sanctions 
  6.6   which are based on quality control error rates for the aid to 
  6.7   families with dependent children program formerly codified in 
  6.8   sections 256.72 to 256.87, medical assistance, or food stamp 
  6.9   program in the following manner:  
  6.10     (a) One-half of the total amount of the disallowance shall 
  6.11  be borne by the county boards responsible for administering the 
  6.12  programs.  For the medical assistance and the AFDC program 
  6.13  formerly codified in sections 256.72 to 256.87, disallowances 
  6.14  shall be shared by each county board in the same proportion as 
  6.15  that county's expenditures for the sanctioned program are to the 
  6.16  total of all counties' expenditures for the AFDC program 
  6.17  formerly codified in sections 256.72 to 256.87, and medical 
  6.18  assistance programs.  For the food stamp program, sanctions 
  6.19  shall be shared by each county board, with 50 percent of the 
  6.20  sanction being distributed to each county in the same proportion 
  6.21  as that county's administrative costs for food stamps are to the 
  6.22  total of all food stamp administrative costs for all counties, 
  6.23  and 50 percent of the sanctions being distributed to each county 
  6.24  in the same proportion as that county's value of food stamp 
  6.25  benefits issued are to the total of all benefits issued for all 
  6.26  counties.  Each county shall pay its share of the disallowance 
  6.27  to the state of Minnesota.  When a county fails to pay the 
  6.28  amount due hereunder, the commissioner may deduct the amount 
  6.29  from reimbursement otherwise due the county, or the attorney 
  6.30  general, upon the request of the commissioner, may institute 
  6.31  civil action to recover the amount due. 
  6.32     (b) Notwithstanding the provisions of paragraph (a), if the 
  6.33  disallowance results from knowing noncompliance by one or more 
  6.34  counties with a specific program instruction, and that knowing 
  6.35  noncompliance is a matter of official county board record, the 
  6.36  commissioner may require payment or recover from the county or 
  7.1   counties, in the manner prescribed in paragraph (a), an amount 
  7.2   equal to the portion of the total disallowance which resulted 
  7.3   from the noncompliance, and may distribute the balance of the 
  7.4   disallowance according to paragraph (a).  
  7.5      (15) Develop and implement special projects that maximize 
  7.6   reimbursements and result in the recovery of money to the 
  7.7   state.  For the purpose of recovering state money, the 
  7.8   commissioner may enter into contracts with third parties.  Any 
  7.9   recoveries that result from projects or contracts entered into 
  7.10  under this paragraph shall be deposited in the state treasury 
  7.11  and credited to a special account until the balance in the 
  7.12  account reaches $1,000,000.  When the balance in the account 
  7.13  exceeds $1,000,000, the excess shall be transferred and credited 
  7.14  to the general fund.  All money in the account is appropriated 
  7.15  to the commissioner for the purposes of this paragraph. 
  7.16     (16) Have the authority to make direct payments to 
  7.17  facilities providing shelter to women and their children 
  7.18  according to section 256D.05, subdivision 3.  Upon the written 
  7.19  request of a shelter facility that has been denied payments 
  7.20  under section 256D.05, subdivision 3, the commissioner shall 
  7.21  review all relevant evidence and make a determination within 30 
  7.22  days of the request for review regarding issuance of direct 
  7.23  payments to the shelter facility.  Failure to act within 30 days 
  7.24  shall be considered a determination not to issue direct payments.
  7.25     (17) Have the authority to establish and enforce the 
  7.26  following county reporting requirements:  
  7.27     (a) The commissioner shall establish fiscal and statistical 
  7.28  reporting requirements necessary to account for the expenditure 
  7.29  of funds allocated to counties for human services programs.  
  7.30  When establishing financial and statistical reporting 
  7.31  requirements, the commissioner shall evaluate all reports, in 
  7.32  consultation with the counties, to determine if the reports can 
  7.33  be simplified or the number of reports can be reduced. 
  7.34     (b) The county board shall submit monthly or quarterly 
  7.35  reports to the department as required by the commissioner.  
  7.36  Monthly reports are due no later than 15 working days after the 
  8.1   end of the month.  Quarterly reports are due no later than 30 
  8.2   calendar days after the end of the quarter, unless the 
  8.3   commissioner determines that the deadline must be shortened to 
  8.4   20 calendar days to avoid jeopardizing compliance with federal 
  8.5   deadlines or risking a loss of federal funding.  Only reports 
  8.6   that are complete, legible, and in the required format shall be 
  8.7   accepted by the commissioner.  
  8.8      (c) If the required reports are not received by the 
  8.9   deadlines established in clause (b), the commissioner may delay 
  8.10  payments and withhold funds from the county board until the next 
  8.11  reporting period.  When the report is needed to account for the 
  8.12  use of federal funds and the late report results in a reduction 
  8.13  in federal funding, the commissioner shall withhold from the 
  8.14  county boards with late reports an amount equal to the reduction 
  8.15  in federal funding until full federal funding is received.  
  8.16     (d) A county board that submits reports that are late, 
  8.17  illegible, incomplete, or not in the required format for two out 
  8.18  of three consecutive reporting periods is considered 
  8.19  noncompliant.  When a county board is found to be noncompliant, 
  8.20  the commissioner shall notify the county board of the reason the 
  8.21  county board is considered noncompliant and request that the 
  8.22  county board develop a corrective action plan stating how the 
  8.23  county board plans to correct the problem.  The corrective 
  8.24  action plan must be submitted to the commissioner within 45 days 
  8.25  after the date the county board received notice of noncompliance.
  8.26     (e) The final deadline for fiscal reports or amendments to 
  8.27  fiscal reports is one year after the date the report was 
  8.28  originally due.  If the commissioner does not receive a report 
  8.29  by the final deadline, the county board forfeits the funding 
  8.30  associated with the report for that reporting period and the 
  8.31  county board must repay any funds associated with the report 
  8.32  received for that reporting period. 
  8.33     (f) The commissioner may not delay payments, withhold 
  8.34  funds, or require repayment under paragraph (c) or (e) if the 
  8.35  county demonstrates that the commissioner failed to provide 
  8.36  appropriate forms, guidelines, and technical assistance to 
  9.1   enable the county to comply with the requirements.  If the 
  9.2   county board disagrees with an action taken by the commissioner 
  9.3   under paragraph (c) or (e), the county board may appeal the 
  9.4   action according to sections 14.57 to 14.69. 
  9.5      (g) Counties subject to withholding of funds under 
  9.6   paragraph (c) or forfeiture or repayment of funds under 
  9.7   paragraph (e) shall not reduce or withhold benefits or services 
  9.8   to clients to cover costs incurred due to actions taken by the 
  9.9   commissioner under paragraph (c) or (e). 
  9.10     (18) Allocate federal fiscal disallowances or sanctions for 
  9.11  audit exceptions when federal fiscal disallowances or sanctions 
  9.12  are based on a statewide random sample for the foster care 
  9.13  program under title IV-E of the Social Security Act, United 
  9.14  States Code, title 42, in direct proportion to each county's 
  9.15  title IV-E foster care maintenance claim for that period. 
  9.16     (19) Be responsible for ensuring the detection, prevention, 
  9.17  investigation, and resolution of fraudulent activities or 
  9.18  behavior by applicants, recipients, and other participants in 
  9.19  the human services programs administered by the department. 
  9.20     (20) Require county agencies to identify overpayments, 
  9.21  establish claims, and utilize all available and cost-beneficial 
  9.22  methodologies to collect and recover these overpayments in the 
  9.23  human services programs administered by the department. 
  9.24     (21) Have the authority to administer a drug rebate program 
  9.25  for drugs purchased pursuant to the prescription drug program 
  9.26  established under section 256.955 after the beneficiary's 
  9.27  satisfaction of any deductible established in the program.  The 
  9.28  commissioner shall require a rebate agreement from all 
  9.29  manufacturers of covered drugs as defined in section 256B.0625, 
  9.30  subdivision 13.  Rebate agreements for prescription drugs 
  9.31  delivered on or after July 1, 2002, must include rebates for 
  9.32  individuals covered under the prescription drug program who are 
  9.33  under 65 years of age.  For each drug, the amount of the rebate 
  9.34  shall be equal to the basic rebate as defined for purposes of 
  9.35  the federal rebate program in United States Code, title 42, 
  9.36  section 1396r-8(c)(1).  This basic rebate shall be applied to 
 10.1   single-source and multiple-source drugs.  The manufacturers must 
 10.2   provide full payment within 30 days of receipt of the state 
 10.3   invoice for the rebate within the terms and conditions used for 
 10.4   the federal rebate program established pursuant to section 1927 
 10.5   of title XIX of the Social Security Act.  The manufacturers must 
 10.6   provide the commissioner with any information necessary to 
 10.7   verify the rebate determined per drug.  The rebate program shall 
 10.8   utilize the terms and conditions used for the federal rebate 
 10.9   program established pursuant to section 1927 of title XIX of the 
 10.10  Social Security Act. 
 10.11     (22) Operate the department's communication systems account 
 10.12  established in Laws 1993, First Special Session chapter 1, 
 10.13  article 1, section 2, subdivision 2, to manage shared 
 10.14  communication costs necessary for the operation of the programs 
 10.15  the commissioner supervises.  A communications account may also 
 10.16  be established for each regional treatment center which operates 
 10.17  communications systems.  Each account must be used to manage 
 10.18  shared communication costs necessary for the operations of the 
 10.19  programs the commissioner supervises.  The commissioner may 
 10.20  distribute the costs of operating and maintaining communication 
 10.21  systems to participants in a manner that reflects actual usage. 
 10.22  Costs may include acquisition, licensing, insurance, 
 10.23  maintenance, repair, staff time and other costs as determined by 
 10.24  the commissioner.  Nonprofit organizations and state, county, 
 10.25  and local government agencies involved in the operation of 
 10.26  programs the commissioner supervises may participate in the use 
 10.27  of the department's communications technology and share in the 
 10.28  cost of operation.  The commissioner may accept on behalf of the 
 10.29  state any gift, bequest, devise or personal property of any 
 10.30  kind, or money tendered to the state for any lawful purpose 
 10.31  pertaining to the communication activities of the department.  
 10.32  Any money received for this purpose must be deposited in the 
 10.33  department's communication systems accounts.  Money collected by 
 10.34  the commissioner for the use of communication systems must be 
 10.35  deposited in the state communication systems account and is 
 10.36  appropriated to the commissioner for purposes of this section. 
 11.1      (23) Receive any federal matching money that is made 
 11.2   available through the medical assistance program for the 
 11.3   consumer satisfaction survey.  Any federal money received for 
 11.4   the survey is appropriated to the commissioner for this 
 11.5   purpose.  The commissioner may expend the federal money received 
 11.6   for the consumer satisfaction survey in either year of the 
 11.7   biennium. 
 11.8      (24) Incorporate cost reimbursement claims from First Call 
 11.9   Minnesota into the federal cost reimbursement claiming processes 
 11.10  of the department according to federal law, rule, and 
 11.11  regulations.  Any reimbursement received is appropriated to the 
 11.12  commissioner and shall be disbursed to First Call Minnesota 
 11.13  according to normal department payment schedules. 
 11.14     (25) Develop recommended standards for foster care homes 
 11.15  that address the components of specialized therapeutic services 
 11.16  to be provided by foster care homes with those services. 
 11.17     Sec. 3.  [256F.14] [FAMILY GROUP DECISION-MAKING.] 
 11.18     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 11.19  section, family includes relatives of the child.  "Relative" 
 11.20  means an adult who is a stepparent, grandparent, brother, 
 11.21  sister, uncle, aunt, or other extended family member of the 
 11.22  minor by blood, marriage, or adoption.  Relative also includes 
 11.23  anyone with whom the child has resided or had a significant 
 11.24  relationship. 
 11.25     For an Indian child, "relative" includes members of the 
 11.26  extended family as defined by the law or custom of the Indian 
 11.27  child's tribe or, in the absence of law or custom, nieces, 
 11.28  nephews, or first or second cousins, as provided in the Indian 
 11.29  Child Welfare Act of 1978, United States Code, title 25, section 
 11.30  1903. 
 11.31     (b) For purposes of this section, "relative care" means one 
 11.32  or more of the following:  respite care, a monitoring agreement, 
 11.33  a designated caregiver agreement under chapter 257A, access to 
 11.34  information about a child, the right to make decisions about a 
 11.35  child's residence, education, religious training, or health 
 11.36  care, a custody consent decree under section 257.0215, or joint 
 12.1   or sole legal or physical custody of a child.  Relative care may 
 12.2   also mean the voluntary establishment of an order permanently 
 12.3   placing the child away from the care of the parent under section 
 12.4   260C.201, subdivision 11. 
 12.5      (c) For purposes of this section, "relative care agreement" 
 12.6   means an agreement regarding the care of a child that has been 
 12.7   reached by the parents and interested relatives of the child 
 12.8   after the parents and interested relatives have participated in 
 12.9   a family group decision-making meeting under this section.  It 
 12.10  may include relative care, the provision of services by the 
 12.11  responsible social services agency, or any other legally 
 12.12  available plan that protects the safety and stability of the 
 12.13  child. 
 12.14     Subd. 2.  [FAMILY GROUP DECISION-MAKING MEETING.] A 
 12.15  responsible social services agency may proceed under this 
 12.16  section if it appears at any point in a particular case that a 
 12.17  family group decision-making meeting may be in the best 
 12.18  interests of the child.  The responsible social services agency 
 12.19  may select a facilitator to convene and facilitate such a 
 12.20  meeting.  
 12.21     The purpose of the family group decision-making meeting is 
 12.22  to have the parent or parents and relatives of a child develop a 
 12.23  plan to provide for the safety and stability of the child.  The 
 12.24  outcome of a family group decision-making meeting may be a 
 12.25  relative care agreement or any other agreement between the 
 12.26  parents, the relatives, and, where appropriate, the child and 
 12.27  the responsible social services agency that addresses the safety 
 12.28  and permanency needs of the child including an agreement to 
 12.29  voluntarily establish an order permanently placing the child out 
 12.30  of the care of the parent under section 260C.201, subdivision 11.
 12.31     Subd. 3.  [FACILITATOR TRAINING; IMMUNITY.] A facilitator 
 12.32  must receive 12 hours of training in family group 
 12.33  decision-making or similar training prior to facilitating a 
 12.34  family group decision-making meeting.  A facilitator who 
 12.35  complies with the training requirement of this subdivision and 
 12.36  acts in good faith has immunity from criminal or civil liability 
 13.1   that might otherwise arise from the actions of the facilitator 
 13.2   in convening or facilitating a family group decision-making 
 13.3   meeting. 
 13.4      Sec. 4.  Minnesota Statutes 2000, section 260.012, is 
 13.5   amended to read: 
 13.6      260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 13.7   REUNIFICATION; REASONABLE EFFORTS.] 
 13.8      (a) Once a child alleged to be in need of protection or 
 13.9   services is under the court's jurisdiction, the court shall 
 13.10  ensure that reasonable efforts including culturally appropriate 
 13.11  services by the social services agency are made to prevent 
 13.12  placement or to eliminate the need for removal and to reunite 
 13.13  the child with the child's family at the earliest possible time, 
 13.14  consistent with the best interests, safety, and protection of 
 13.15  the child.  In determining reasonable efforts to be made with 
 13.16  respect to a child and in making those reasonable efforts, the 
 13.17  child's health and safety must be of paramount concern.  
 13.18  Reasonable efforts for rehabilitation and reunification are not 
 13.19  required upon a determination by the court that: 
 13.20     (1) a termination of parental rights petition has been 
 13.21  filed stating a prima facie case that: 
 13.22     (i) the parent has subjected a child to egregious harm as 
 13.23  defined in section 260C.007, subdivision 26; 
 13.24     (ii) the parental rights of the parent to another child 
 13.25  have been terminated involuntarily; ~~or~~ 
 13.26     (iii) the child is an abandoned infant under section 
 13.27  260C.301, subdivision 2, paragraph (a), clause (2); or 
 13.28     (iv) the parent's custodial rights to another child have 
 13.29  been involuntarily transferred to a relative under section 
 13.30  260C.201, subdivision 11, paragraph (e), clause (1), or a 
 13.31  similar law of another jurisdiction; 
 13.32     (2) the county attorney has filed a determination not to 
 13.33  proceed with a termination of parental rights petition on these 
 13.34  grounds was made under section 260C.301, subdivision 3, 
 13.35  paragraph (b), and a permanency hearing is held within 30 days 
 13.36  of the determination; or 
 14.1      (3) a termination of parental rights petition or other 
 14.2   petition according to section 260C.201, subdivision 11, has been 
 14.3   filed alleging a prima facie case that the provision of services 
 14.4   or further services for the purpose of reunification is futile 
 14.5   and therefore unreasonable under the circumstances. 
 14.6      In the case of an Indian child, in proceedings under 
 14.7   sections 260B.178 or 260C.178, 260C.201, and 260C.301 the 
 14.8   juvenile court must make findings and conclusions consistent 
 14.9   with the Indian Child Welfare Act of 1978, United States Code, 
 14.10  title 25, section 1901 et seq., as to the provision of active 
 14.11  efforts.  If a child is under the court's delinquency 
 14.12  jurisdiction, it shall be the duty of the court to ensure that 
 14.13  reasonable efforts are made to reunite the child with the 
 14.14  child's family at the earliest possible time, consistent with 
 14.15  the best interests of the child and the safety of the public. 
 14.16     (b) "Reasonable efforts" means the exercise of due 
 14.17  diligence by the responsible social services agency to use 
 14.18  appropriate and available services to meet the needs of the 
 14.19  child and the child's family in order to prevent removal of the 
 14.20  child from the child's family; or upon removal, services to 
 14.21  eliminate the need for removal and reunite the family.  
 14.22     (1) Services may include those listed under section 
 14.23  256F.07, subdivision 3, and other appropriate services available 
 14.24  in the community.  
 14.25     (2) At each stage of the proceedings where the court is 
 14.26  required to review the appropriateness of the responsible social 
 14.27  services agency's reasonable efforts, the social services agency 
 14.28  has the burden of demonstrating that it has made reasonable 
 14.29  efforts, or that provision of services or further services for 
 14.30  the purpose of rehabilitation and reunification is futile and 
 14.31  therefore unreasonable under the circumstances or that 
 14.32  reasonable efforts aimed at reunification are not required under 
 14.33  this section.  The agency may meet this burden by stating facts 
 14.34  in a sworn petition filed under section 260C.141, or by filing 
 14.35  an affidavit summarizing the agency's reasonable efforts or 
 14.36  facts the agency believes demonstrate there is no need for 
 15.1   reasonable efforts to reunify the parent and child. 
 15.2      (3) No reasonable efforts for reunification are required 
 15.3   when the court makes a determination under paragraph (a) unless, 
 15.4   after a hearing according to section 260C.163, the court finds 
 15.5   there is not clear and convincing evidence of the facts upon 
 15.6   which the court based its prima facie determination.  In this 
 15.7   case, the court may proceed under section 260C.312.  
 15.8   Reunification of a surviving child with a parent is not required 
 15.9   if the parent has been convicted of: 
 15.10     (i) a violation of, or an attempt or conspiracy to commit a 
 15.11  violation of, sections 609.185 to 609.20; 609.222, subdivision 
 15.12  2; or 609.223 in regard to another child of the parent; 
 15.13     (ii) a violation of section 609.222, subdivision 2; or 
 15.14  609.223, in regard to the surviving child; or 
 15.15     (iii) a violation of, or an attempt or conspiracy to commit 
 15.16  a violation of, United States Code, title 18, section 1111(a) or 
 15.17  1112(a), in regard to another child of the parent. 
 15.18     (c) The juvenile court, in proceedings under sections 
 15.19  260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings 
 15.20  and conclusions as to the provision of reasonable efforts.  When 
 15.21  determining whether reasonable efforts have been made, the court 
 15.22  shall consider whether services to the child and family were: 
 15.23     (1) relevant to the safety and protection of the child; 
 15.24     (2) adequate to meet the needs of the child and family; 
 15.25     (3) culturally appropriate; 
 15.26     (4) available and accessible; 
 15.27     (5) consistent and timely; and 
 15.28     (6) realistic under the circumstances. 
 15.29     In the alternative, the court may determine that provision 
 15.30  of services or further services for the purpose of 
 15.31  rehabilitation is futile and therefore unreasonable under the 
 15.32  circumstances or that reasonable efforts are not required as 
 15.33  provided in paragraph (a). 
 15.34     (d) This section does not prevent out-of-home placement for 
 15.35  treatment of a child with a mental disability when the child's 
 15.36  diagnostic assessment or individual treatment plan indicates 
 16.1   that appropriate and necessary treatment cannot be effectively 
 16.2   provided outside of a residential or inpatient treatment program.
 16.3      (e) If continuation of reasonable efforts described in 
 16.4   paragraph (b) is determined by the court to be inconsistent with 
 16.5   the permanent plan for the child, or upon a determination under 
 16.6   paragraph (a), reasonable efforts must be made to place the 
 16.7   child in a timely manner in accordance with the permanent plan 
 16.8   ordered by the court and to complete whatever steps are 
 16.9   necessary to finalize the permanent plan for the child.  
 16.10     (f) Reasonable efforts to place a child for adoption or in 
 16.11  another permanent placement may be made concurrently with 
 16.12  reasonable efforts as described in paragraphs (a) and (b).  When 
 16.13  the responsible social services agency decides to concurrently 
 16.14  make reasonable efforts for both reunification and permanent 
 16.15  placement away from the parent under paragraphs (a) and (b), the 
 16.16  agency shall disclose its decision and both plans for concurrent 
 16.17  reasonable efforts to all parties and the court.  When the 
 16.18  agency discloses its decision to proceed on both plans for 
 16.19  reunification and permanent placement away from the parent, the 
 16.20  court's review of the agency's reasonable efforts shall include 
 16.21  the agency's efforts under paragraphs (a) and (b). 
 16.22     Sec. 5.  Minnesota Statutes 2000, section 260C.007, is 
 16.23  amended by adding a subdivision to read: 
 16.24     Subd. 2a.  [CASE PLAN.] "Case plan" means any plan for the 
 16.25  delivery of services to a child and parent or guardian, or, when 
 16.26  reunification is not required, the child alone, that is 
 16.27  developed according to the requirements of section 245.4871, 
 16.28  subdivision 19 or 21; 245.492, subdivision 16; 256B.092; 
 16.29  256E.08; 260C.212, subdivision 1; or 626.556, subdivision 10. 
 16.30     Sec. 6.  Minnesota Statutes 2000, section 260C.007, 
 16.31  subdivision 4, is amended to read: 
 16.32     Subd. 4.  [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 
 16.33  in need of protection or services" means a child who is in need 
 16.34  of protection or services because the child: 
 16.35     (1) is abandoned or without parent, guardian, or custodian; 
 16.36     (2)(i) has been a victim of physical or sexual abuse, (ii) 
 17.1   resides with or has resided with a victim of domestic child 
 17.2   abuse as defined in subdivision 25, (iii) resides with or would 
 17.3   reside with a perpetrator of domestic child abuse or child abuse 
 17.4   as defined in subdivision 25, or (iv) is a victim of emotional 
 17.5   maltreatment as defined in subdivision 8; 
 17.6      (3) is without necessary food, clothing, shelter, 
 17.7   education, or other required care for the child's physical or 
 17.8   mental health or morals because the child's parent, guardian, or 
 17.9   custodian is unable or unwilling to provide that care; 
 17.10     (4) is without the special care made necessary by a 
 17.11  physical, mental, or emotional condition because the child's 
 17.12  parent, guardian, or custodian is unable or unwilling to provide 
 17.13  that care, including a child in voluntary placement ~~according to~~ 
 17.14  ~~release of the parent under section 260C.212, subdivision 9~~ due 
 17.15  solely to the child's developmental disability or emotional 
 17.16  disturbance; 
 17.17     (5) is medically neglected, which includes, but is not 
 17.18  limited to, the withholding of medically indicated treatment 
 17.19  from a disabled infant with a life-threatening condition.  The 
 17.20  term "withholding of medically indicated treatment" means the 
 17.21  failure to respond to the infant's life-threatening conditions 
 17.22  by providing treatment, including appropriate nutrition, 
 17.23  hydration, and medication which, in the treating physician's or 
 17.24  physicians' reasonable medical judgment, will be most likely to 
 17.25  be effective in ameliorating or correcting all conditions, 
 17.26  except that the term does not include the failure to provide 
 17.27  treatment other than appropriate nutrition, hydration, or 
 17.28  medication to an infant when, in the treating physician's or 
 17.29  physicians' reasonable medical judgment: 
 17.30     (i) the infant is chronically and irreversibly comatose; 
 17.31     (ii) the provision of the treatment would merely prolong 
 17.32  dying, not be effective in ameliorating or correcting all of the 
 17.33  infant's life-threatening conditions, or otherwise be futile in 
 17.34  terms of the survival of the infant; or 
 17.35     (iii) the provision of the treatment would be virtually 
 17.36  futile in terms of the survival of the infant and the treatment 
 18.1   itself under the circumstances would be inhumane; 
 18.2      (6) is one whose parent, guardian, or other custodian for 
 18.3   good cause desires to be relieved of the child's care and 
 18.4   custody, including a child in placement according to voluntary 
 18.5   release by the parent under section 260C.212, subdivision 8; 
 18.6      (7) has been placed for adoption or care in violation of 
 18.7   law; 
 18.8      (8) is without proper parental care because of the 
 18.9   emotional, mental, or physical disability, or state of 
 18.10  immaturity of the child's parent, guardian, or other custodian; 
 18.11     (9) is one whose behavior, condition, or environment is 
 18.12  such as to be injurious or dangerous to the child or others.  An 
 18.13  injurious or dangerous environment may include, but is not 
 18.14  limited to, the exposure of a child to criminal activity in the 
 18.15  child's home; 
 18.16     (10) is experiencing growth delays, which may be referred 
 18.17  to as failure to thrive, that have been diagnosed by a physician 
 18.18  and are due to parental neglect; 
 18.19     (11) has engaged in prostitution as defined in section 
 18.20  609.321, subdivision 9; 
 18.21     (12) has committed a delinquent act or a juvenile petty 
 18.22  offense before becoming ten years old; 
 18.23     (13) is a runaway; 
 18.24     (14) is a habitual truant; 
 18.25     (15) has been found incompetent to proceed or has been 
 18.26  found not guilty by reason of mental illness or mental 
 18.27  deficiency in connection with a delinquency proceeding, a 
 18.28  certification under section 260B.125, an extended jurisdiction 
 18.29  juvenile prosecution, or a proceeding involving a juvenile petty 
 18.30  offense; or 
 18.31     (16) has been found by the court to have committed domestic 
 18.32  abuse perpetrated by a minor under Laws 1997, chapter 239, 
 18.33  article 10, sections 2 to 26, has been ordered excluded from the 
 18.34  child's parent's home by an order for protection/minor 
 18.35  respondent, and the parent or guardian is either unwilling or 
 18.36  unable to provide an alternative safe living arrangement for the 
 19.1   child. 
 19.2      Sec. 7.  Minnesota Statutes 2000, section 260C.007, is 
 19.3   amended by adding a subdivision to read: 
 19.4      Subd. 5a.  [COMPELLING REASONS.] "Compelling reasons" means 
 19.5   an individualized determination by the responsible social 
 19.6   services agency, which is approved by the court, not to initiate 
 19.7   proceedings to terminate parental rights or transfer permanent 
 19.8   legal and physical custody of a child to the child's relative or 
 19.9   former noncustodial parent. 
 19.10     Sec. 8.  Minnesota Statutes 2000, section 260C.007, is 
 19.11  amended by adding a subdivision to read: 
 19.12     Subd. 7a.  [DEVELOPMENTAL DISABILITY.] "Developmental 
 19.13  disability" means developmental disability as defined in United 
 19.14  States Code, title 42, section 6001(8). 
 19.15     Sec. 9.  Minnesota Statutes 2000, section 260C.007, 
 19.16  subdivision 14, is amended to read: 
 19.17     Subd. 14.  [RELATIVE.] "Relative" means ~~a parent,~~ 
 19.18  ~~stepparent, grandparent, brother, sister, uncle, or aunt of the~~ 
 19.19  ~~minor.  This relationship may be by blood or marriage.  For an~~ 
 19.20  ~~Indian child, relative includes members of the extended family~~ 
 19.21  ~~as defined by the law or custom of the Indian child's tribe or,~~ 
 19.22  ~~in the absence of laws or custom, nieces, nephews, or first or~~ 
 19.23  ~~second cousins, as provided in the Indian Child Welfare Act of~~ 
 19.24  ~~1978, United States Code, title 25, section 1903.  For purposes~~ 
 19.25  ~~of child in need of protection or services proceedings,~~ 
 19.26  ~~termination of parental rights proceedings, and permanency~~ 
 19.27  ~~proceedings under section 260C.201, subdivision 11, relative~~ 
 19.28  ~~means~~ a person related to the child by blood, marriage, or 
 19.29  adoption, or an individual who is an important friend with whom 
 19.30  the child has resided or had significant contact.  For an Indian 
 19.31  child, relative includes members of the extended family as 
 19.32  defined by the law or custom of the Indian child's tribe or, in 
 19.33  the absence of laws or custom, nieces, nephews, or first or 
 19.34  second cousins, as provided in the Indian Child Welfare Act of 
 19.35  1978, United States Code, title 25, section 1903. 
 19.36     Sec. 10.  Minnesota Statutes 2000, section 260C.007, is 
 20.1   amended by adding a subdivision to read: 
 20.2      Subd. 27.  [EMOTIONALLY DISTURBED.] "Emotionally disturbed" 
 20.3   means emotional disturbance as described in section 245.4871, 
 20.4   subdivision 15. 
 20.5      Sec. 11.  Minnesota Statutes 2000, section 260C.141, 
 20.6   subdivision 2, is amended to read: 
 20.7      Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
 20.8   services agency responsible for the placement of a child in a 
 20.9   residential facility, as defined in section 260C.212, 
 20.10  subdivision 1, pursuant to a voluntary release by the child's 
 20.11  parent or parents ~~may bring a petition~~ must proceed in juvenile 
 20.12  court to review the foster care status of the child in the 
 20.13  manner provided in this section.  ~~The responsible social~~ 
 20.14  ~~services agency shall file either a petition alleging the child~~ 
 20.15  ~~to be in need of protection or services or a petition to~~ 
 20.16  ~~terminate parental rights or other permanency petition under~~ 
 20.17  ~~section 260C.201, subdivision 11.~~ 
 20.18     (a) ~~In the case of~~ Except for a child in placement due 
 20.19  solely to the child's developmental disability or emotional 
 20.20  disturbance, when a child continues in voluntary placement 
 20.21  according to section 260C.212, subdivision 8, ~~the~~ a petition 
 20.22  shall be filed alleging the child to be in need of protection or 
 20.23  services or seeking termination of parental rights or other 
 20.24  permanent placement of the child away from the parent within 90 
 20.25  days of the date of the voluntary placement agreement ~~and~~.  The 
 20.26  petition shall state the reasons why the child is in placement, 
 20.27  the progress on the ~~case~~ out-of-home placement plan required 
 20.28  under section 260C.212, subdivision 1, and the statutory basis 
 20.29  for the petition under section 260C.007, subdivision 4, 
 20.30  260C.201, subdivision 11, or 260C.301. 
 20.31     (1) In the case of a petition alleging the child to be in 
 20.32  need of protection or services filed under this paragraph, if 
 20.33  all parties agree and the court finds it is in the best 
 20.34  interests of the child, the court may find the petition states a 
 20.35  prima facie case that: 
 20.36     (i) the child's needs are being met; 
 21.1      (ii) the placement of the child in foster care is in the 
 21.2   best interests of the child; ~~and~~ 
 21.3      (iii) reasonable efforts to reunify the child and the 
 21.4   parent or guardian are being made; and 
 21.5      (iv) the child will be returned home in the next ~~six~~ three 
 21.6   months. 
 21.7      (2) If the court makes findings under paragraph (1), the 
 21.8   court shall approve the voluntary arrangement and continue the 
 21.9   matter for up to ~~six~~ three more months to ensure the child 
 21.10  returns to the parents' home.  The responsible social services 
 21.11  agency shall: 
 21.12     (i) report to the court when the child returns home and the 
 21.13  progress made by the parent on the ~~case~~ out-of-home placement 
 21.14  plan required under section 260C.212, in which case the court 
 21.15  shall dismiss jurisdiction; 
 21.16     (ii) report to the court that the child has not returned 
 21.17  home, in which case the matter shall be returned to the court 
 21.18  for further proceedings under section 260C.163; or 
 21.19     (iii) if any party does not agree to continue the matter 
 21.20  under paragraph (1) and this paragraph, the matter shall proceed 
 21.21  under section 260C.163. 
 21.22     (b) In the case of a child in voluntary placement due 
 21.23  solely to the child's developmental disability or emotional 
 21.24  disturbance according to section 260C.212, subdivision 9, 
 21.25  the ~~petition shall be filed within six months of the date of the~~ 
 21.26  ~~voluntary placement agreement and~~ following procedures apply: 
 21.27     (1) [REPORT TO COURT.] (i) Unless the county attorney 
 21.28  determines that a petition under subdivision 1 is appropriate, 
 21.29  without filing a petition, a written report, shall be forwarded 
 21.30  to the court within 165 days of the date of the voluntary 
 21.31  placement agreement.  The written report shall contain necessary 
 21.32  identifying information for the court to proceed, a copy of the 
 21.33  out-of-home placement plan required under section 260C.212, 
 21.34  subdivision 1, a written summary of the proceedings of any 
 21.35  administrative review required under section 260C.212, 
 21.36  subdivision 7, and any other information the responsible social 
 22.1   services agency, parent or guardian, the child or the foster 
 22.2   parent or other residential facility wants the court to consider.
 22.3      (ii) The responsible social services agency, where 
 22.4   appropriate, must advise the child, parent or guardian, the 
 22.5   foster parent, or representative of the residential facility of 
 22.6   the requirements of this section and of their right to submit 
 22.7   information to the court.  If the child, parent or guardian, 
 22.8   foster parent, or representative of the residential facility 
 22.9   want to send information to the court, the responsible social 
 22.10  services agency shall advise those persons of the reporting date 
 22.11  and the identifying information necessary for the court 
 22.12  administrator to accept the information and submit it to a judge 
 22.13  with the agency's report.  The responsible social services 
 22.14  agency must also notify those persons that they have the right 
 22.15  to be heard in person by the court and how to exercise that 
 22.16  right.  The responsible social services agency must also provide 
 22.17  notice that an in-court hearing will not be held unless 
 22.18  requested by a parent or guardian, foster parent, or the child. 
 22.19     (iii) After receiving the required report, the court has 
 22.20  jurisdiction to make the following determinations and must do so 
 22.21  within ten days of receiving the forwarded report:  (i) whether 
 22.22  or not the placement of the child is in the child's best 
 22.23  interests; and (ii) whether the parent and agency are 
 22.24  appropriately planning for the child.  Unless requested by a 
 22.25  parent or guardian, foster parent, or child, no in-court hearing 
 22.26  need be held in order for the court to make findings and issue 
 22.27  an order under this paragraph. 
 22.28     (iv) If the court finds the placement is in the child's 
 22.29  best interests and that the agency and parent are appropriately 
 22.30  planning for the child, the court shall issue an order 
 22.31  containing explicit, individualized findings to support its 
 22.32  determination.  The court shall send a copy of the order to the 
 22.33  county attorney, the responsible social services agency, the 
 22.34  parent or guardian, the child, and the foster parents.  The 
 22.35  court shall also send the parent or guardian, the child, and the 
 22.36  foster parent notice of the required review under clause (2).  
 23.1      (v) If the court finds continuing the placement not to be 
 23.2   in the child's best interests or that the agency or the parent 
 23.3   or guardian is not appropriately planning for the child, the 
 23.4   court shall notify the county attorney, the responsible social 
 23.5   services agency, the parent or guardian, the foster parent, the 
 23.6   child, and the county attorney of the court's determinations and 
 23.7   the basis for the court's determinations. 
 23.8      (2) [PERMANENCY REVIEW BY PETITION.] If a child with a 
 23.9   developmental disability or an emotional disturbance continues 
 23.10  in out-of-home placement for 13 months from the date of a 
 23.11  voluntary placement, a petition alleging the child to be in need 
 23.12  of protection or services, for termination of parental rights or 
 23.13  for permanent placement of the child away from the parent under 
 23.14  section 260C.201 shall be filed.  The court shall conduct a 
 23.15  permanency hearing on the petition no later than 14 months after 
 23.16  the date of the voluntary placement.  At the permanency hearing, 
 23.17  the court shall determine the need for an order permanently 
 23.18  placing the child away from the parent or determine whether 
 23.19  there are compelling reasons that continued voluntary placement 
 23.20  is in the child's best interests.  A petition alleging the child 
 23.21  to be in need of protection or services shall state the date of 
 23.22  the voluntary placement agreement, the nature of the child's 
 23.23  developmental ~~delay~~ disability or emotional ~~handicap~~ 
 23.24  disturbance, the plan for the ongoing care of the child, the 
 23.25  parents' participation in the plan, and the statutory basis for 
 23.26  the petition. 
 23.27     ~~(1) In the case of petitions~~ (i) If a petition alleging the 
 23.28  child to be in need of protection or services is filed under 
 23.29  this paragraph, the court may find, based on the contents of the 
 23.30  sworn petition, and the agreement of all parties, including the 
 23.31  child, where appropriate, that there are compelling reasons that 
 23.32  the voluntary arrangement is in the best interests of the child, 
 23.33  approve the continued voluntary ~~arrangement~~ placement, 
 23.34  and ~~dismiss~~ continue the matter ~~from further~~ under the court's 
 23.35  jurisdiction for the purpose of reviewing the child's placement 
 23.36  as a continued voluntary arrangement every 12 months as long as 
 24.1   the child continues in out-of-home placement.  ~~The court shall~~ 
 24.2   ~~give notice to the responsible social services agency that~~ The 
 24.3   matter must be returned to the court for further review ~~if the~~ 
 24.4   ~~child remains in placement after~~ every 12 months as long as the 
 24.5   child remains in placement.  The court shall give notice to the 
 24.6   parent or guardian of the continued review requirements under 
 24.7   this section. Nothing in this paragraph shall be construed to 
 24.8   mean the court must order permanent placement for the child 
 24.9   under section 260C.201, subdivision 11, as long as the court 
 24.10  finds compelling reasons at the first review required under this 
 24.11  section. 
 24.12     (ii) If a petition for termination of parental rights, for 
 24.13  transfer of permanent legal and physical custody to a relative, 
 24.14  for long-term foster care, or for foster care for a specified 
 24.15  period of time is filed, the court must proceed under section 
 24.16  260C.201, subdivision 11. 
 24.17     ~~(2)~~ (3) If any party, including the child, disagrees with 
 24.18  the voluntary arrangement, the court shall proceed under section 
 24.19  260C.163. 
 24.20     Sec. 12.  Minnesota Statutes 2000, section 260C.151, 
 24.21  subdivision 6, is amended to read: 
 24.22     Subd. 6.  [IMMEDIATE CUSTODY.] If ~~it appears from~~ the court 
 24.23  makes individualized, explicit findings, based on the notarized 
 24.24  petition or ~~by~~ sworn affidavit, that there are reasonable 
 24.25  grounds to believe the child is in surroundings or conditions 
 24.26  which endanger the child's health, safety or welfare ~~and~~ that 
 24.27  require that the child's custody be immediately assumed by the 
 24.28  court and that continuation of the child in the custody of the 
 24.29  parent or guardian is contrary to the child's welfare, the court 
 24.30  may order~~, by endorsement upon the summons,~~ that the officer 
 24.31  serving the summons ~~shall~~ take the child into immediate custody. 
 24.32     Sec. 13.  Minnesota Statutes 2000, section 260C.178, 
 24.33  subdivision 1, is amended to read: 
 24.34     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 24.35  a child was taken into custody under section 260C.175, 
 24.36  subdivision 1, clause (a) or (b)(2), the court shall hold a 
 25.1   hearing within 72 hours of the time the child was taken into 
 25.2   custody, excluding Saturdays, Sundays, and holidays, to 
 25.3   determine whether the child should continue in custody.  
 25.4      (b) Unless there is reason to believe that the child would 
 25.5   endanger self or others, not return for a court hearing, run 
 25.6   away from the child's parent, guardian, or custodian or 
 25.7   otherwise not remain in the care or control of the person to 
 25.8   whose lawful custody the child is released, or that the child's 
 25.9   health or welfare would be immediately endangered, the child 
 25.10  shall be released to the custody of a parent, guardian, 
 25.11  custodian, or other suitable person, subject to reasonable 
 25.12  conditions of release including, but not limited to, a 
 25.13  requirement that the child undergo a chemical use assessment as 
 25.14  provided in section 260C.157, subdivision 1.  In determining 
 25.15  whether the child's health or welfare would be immediately 
 25.16  endangered, the court shall consider whether the child would 
 25.17  reside with a perpetrator of domestic child abuse.  ~~In a~~ 
 25.18  ~~proceeding regarding a child in need of protection or services,~~ 
 25.19     (c) The court, before determining whether a child should 
 25.20  continue in custody, shall also make a determination, consistent 
 25.21  with section 260.012 as to whether reasonable efforts, or in the 
 25.22  case of an Indian child, active efforts, according to the Indian 
 25.23  Child Welfare Act of 1978, United States Code, title 25, section 
 25.24  1912(d), were made to prevent placement ~~or to reunite the child~~ 
 25.25  ~~with the child's family, or that reasonable efforts were not~~ 
 25.26  ~~possible~~.  The court shall also determine whether there are 
 25.27  available services that would prevent the need for further 
 25.28  detention.  In the alternative, the court shall determine that 
 25.29  reasonable efforts are not required if the court makes a prima 
 25.30  facie determination that one of the circumstances under 
 25.31  paragraph (e) exists. 
 25.32     If the court finds the social services agency's preventive 
 25.33  or reunification efforts have not been reasonable but further 
 25.34  preventive or reunification efforts could not permit the child 
 25.35  to safely remain at home, the court may nevertheless authorize 
 25.36  or continue the removal of the child. 
 26.1      (d) The court may not order or continue the foster care 
 26.2   placement of the child unless the court makes explicit, 
 26.3   individualized findings that continued custody of the child by 
 26.4   the parent or guardian would be contrary to the welfare of the 
 26.5   child. 
 26.6      ~~(c)~~ (e) At the detention hearing, or at any time ~~prior to~~ 
 26.7   ~~an adjudicatory hearing~~ during the course of the proceeding, and 
 26.8   upon notice and request of the county attorney, the court shall 
 26.9   make the following determinations: 
 26.10     (1) whether a termination of parental rights petition has 
 26.11  been filed stating a prima facie case that: 
 26.12     (i) the parent has subjected a child to egregious harm as 
 26.13  defined in section 260C.007, subdivision 26; 
 26.14     (ii) the parental rights of the parent to another child 
 26.15  have been involuntarily terminated; or 
 26.16     (iii) the child is an abandoned infant under section 
 26.17  260C.301, subdivision 2, paragraph (a), clause (2); 
 26.18     (2) that the county attorney has determined not to proceed 
 26.19  with a termination of parental rights petition under section 
 26.20  260C.307; or 
 26.21     (3) whether a termination of parental rights petition or 
 26.22  other petition according to section 260C.201, subdivision 11, 
 26.23  has been filed alleging a prima facie case that the provision of 
 26.24  services or further services for the purpose of rehabilitation 
 26.25  and reunification is futile and therefore unreasonable under the 
 26.26  circumstances. 
 26.27     If the court determines that the county attorney is not 
 26.28  proceeding with a termination of parental rights petition under 
 26.29  section 260C.307, but is proceeding with a petition under 
 26.30  section 260C.201, subdivision 11, the court shall schedule a 
 26.31  permanency hearing within 30 days.  If the county attorney has 
 26.32  filed a petition under section 260C.307, the court shall 
 26.33  schedule a trial under section 260C.163 within 90 days of the 
 26.34  filing of the petition except when the county attorney 
 26.35  determines that the criminal case shall proceed to trial first 
 26.36  under section 260C.201, subdivision 3. 
 27.1      ~~(d)~~ (f) If the court determines the child should be ordered 
 27.2   into out-of-home placement and the child's parent refuses to 
 27.3   give information to the responsible social services agency 
 27.4   regarding the child's father or relatives of the child, the 
 27.5   court may order the parent to disclose the names, addresses, 
 27.6   telephone numbers, and other identifying information to the 
 27.7   ~~local~~ responsible social services agency for the purpose of 
 27.8   complying with the requirements of sections 260C.151, 260C.212, 
 27.9   and 260C.215. 
 27.10     (g) If a child ordered into out-of-home placement has 
 27.11  siblings, whether full, half, or step, who are also ordered into 
 27.12  placement, the court shall inquire of the responsible social 
 27.13  services agency of the efforts to place the children together as 
 27.14  required by section 260C.212, subdivision 2, paragraph (d), if 
 27.15  placement together is in each child's best interests, unless a 
 27.16  child is in placement due solely to the child's own behavior or 
 27.17  a child is placed with a previously noncustodial parent who is 
 27.18  not parent to all siblings.  If the children are not placed 
 27.19  together at the time of the hearing, the court shall inquire at 
 27.20  each subsequent hearing of the agency's efforts to place the 
 27.21  siblings together.  If any sibling is not placed with another 
 27.22  sibling or siblings, the agency must develop a plan for 
 27.23  visitation among the siblings as required under section 
 27.24  260C.212, subdivision 1. 
 27.25     Sec. 14.  Minnesota Statutes 2000, section 260C.178, 
 27.26  subdivision 7, is amended to read: 
 27.27     Subd. 7.  [~~CASE~~ OUT-OF-HOME PLACEMENT PLAN.] (a) ~~A case~~ An 
 27.28  out-of-home placement plan required under section 260C.212 shall 
 27.29  be filed with the court within 30 days of the filing of a 
 27.30  petition alleging the child to be in need of protection or 
 27.31  services under section 260C.141, subdivision 1, or filed with 
 27.32  the petition if the petition is a review of a voluntary 
 27.33  placement under section 260C.141, subdivision 2. 
 27.34     (b) Upon the filing of the ~~case~~ out-of-home placement plan, 
 27.35  the court may approve the ~~case~~ plan based on the allegations 
 27.36  contained in the petition.  The court shall send written notice 
 28.1   of the approval of the out-of-home placement plan to all parties 
 28.2   and the county attorney or may state such approval on the record 
 28.3   at a hearing.  A parent may agree to comply with the terms of 
 28.4   the ~~case~~ plan filed with the court. 
 28.5      (c) Upon notice and motion by a parent who agrees to comply 
 28.6   with the terms of ~~a case~~ an out-of-home placement plan, the 
 28.7   court may modify the ~~case~~ plan and order the responsible social 
 28.8   services agency to provide other or additional services for 
 28.9   reunification, if reunification efforts are required, and the 
 28.10  court determines the agency's ~~case~~ plan inadequate under section 
 28.11  260.012. 
 28.12     (d) Unless the parent agrees to comply with the terms of 
 28.13  the ~~case~~ out-of-home placement plan, the court may not order a 
 28.14  parent to comply with the provisions of the ~~case~~ plan until the 
 28.15  court makes a determination under section 260C.201, subdivision 
 28.16  1.  However, the court may find that the responsible social 
 28.17  services agency has made reasonable efforts for reunification if 
 28.18  the agency makes efforts to implement the terms of an 
 28.19  out-of-home placement plan approved under this section. 
 28.20     Sec. 15.  Minnesota Statutes 2000, section 260C.193, 
 28.21  subdivision 3, is amended to read: 
 28.22     Subd. 3.  [~~PROTECTION OF THE CHILD'S~~ BEST ~~INTERESTS~~ 
 28.23  INTEREST OF THE CHILD IN FOSTER CARE OR RESIDENTIAL CARE.] (a) 
 28.24  The policy of the state is to ensure that the best interests of 
 28.25  children in foster or residential care are met by requiring 
 28.26  individualized determinations under section 260C.212, 
 28.27  subdivision 2, paragraph (b), of the needs of the child and of 
 28.28  how the selected placement will serve the needs of the child in 
 28.29  foster care placements.  
 28.30     ~~(b) Among the factors to be considered in determining the~~ 
 28.31  ~~needs of the child are:~~  
 28.32     ~~(1) the child's current functioning and behaviors;~~ 
 28.33     ~~(2) the medical, educational, and developmental needs of~~ 
 28.34  ~~the child;~~ 
 28.35     ~~(3) the child's history and past experience;~~ 
 28.36     ~~(4) the child's religious and cultural needs;~~ 
 29.1      ~~(5) the child's connection with a community, school, and~~ 
 29.2   ~~church;~~ 
 29.3      ~~(6) the child's interests and talents;~~ 
 29.4      ~~(7) the child's relationship to current caretakers,~~ 
 29.5   ~~parents, siblings, and relatives; and~~ 
 29.6      ~~(8) the reasonable preference of the child, if the court,~~ 
 29.7   ~~or in the case of a voluntary placement the child-placing~~ 
 29.8   ~~agency, deems the child to be of sufficient age to express~~ 
 29.9   ~~preferences.~~  
 29.10     ~~(c)~~ (b) The court~~, in transferring legal custody of any~~ 
 29.11  ~~child or appointing a guardian for the child under the laws~~ 
 29.12  ~~relating to juvenile courts, shall consider placement,~~ shall 
 29.13  review whether the responsible social services agency made 
 29.14  efforts as required under section 260C.212, subdivision 5, and 
 29.15  made an individualized determination as required under section 
 29.16  260C.212, subdivision 2.  If the court finds the agency has not 
 29.17  made efforts as required under section 260C.212, subdivision 5, 
 29.18  and there is a relative who qualifies to be licensed to provide 
 29.19  family foster care under chapter 245A, the court may order the 
 29.20  child placed with the relative consistent with the child's best 
 29.21  interests ~~and in the following order, in the legal custody or~~ 
 29.22  ~~guardianship of an individual who (1) is related to the child by~~ 
 29.23  ~~blood, marriage, or adoption, or (2) is an important friend with~~ 
 29.24  ~~whom the child has resided or had significant contact~~.  
 29.25     (c) If the child's birth parent or parents explicitly 
 29.26  request that a relative or important friend not be considered, 
 29.27  the court shall honor that request if it is consistent with the 
 29.28  best interests of the child.  If the child's birth parent or 
 29.29  parents express a preference for placing the child in a foster 
 29.30  or adoptive home of the same or a similar religious background 
 29.31  to that of the birth parent or parents, the court shall order 
 29.32  placement of the child with an individual who meets the birth 
 29.33  parent's religious preference. 
 29.34     (d) Placement of a child cannot be delayed or denied based 
 29.35  on race, color, or national origin of the foster parent or the 
 29.36  child.  
 30.1      (e) Whenever possible, siblings should be placed together 
 30.2   unless it is determined not to be in the best interests of a 
 30.3   sibling.  If siblings are not placed together according to 
 30.4   section 260C.212, subdivision 2, paragraph (d), the responsible 
 30.5   social services agency shall report to the court the efforts 
 30.6   made to place the siblings together and why the efforts were not 
 30.7   successful.  If the court is not satisfied with the agency's 
 30.8   efforts to place siblings together, the court may order the 
 30.9   agency to make further efforts.  If siblings are not placed 
 30.10  together the court shall review the responsible social services 
 30.11  agency's plan for visitation among siblings required as part of 
 30.12  the out-of-home placement plan under section 260C.212. 
 30.13     ~~(d) If the child's birth parent or parents explicitly~~ 
 30.14  ~~request that a relative or important friend not be considered,~~ 
 30.15  ~~the court shall honor that request if it is consistent with the~~ 
 30.16  ~~best interests of the child.~~ 
 30.17     ~~If the child's birth parent or parents express a preference~~ 
 30.18  ~~for placing the child in a foster or adoptive home of the same~~ 
 30.19  ~~or a similar religious background to that of the birth parent or~~ 
 30.20  ~~parents, the court shall order placement of the child with an~~ 
 30.21  ~~individual who meets the birth parent's religious preference.~~  
 30.22     ~~(e)~~ (f) This subdivision does not affect the Indian Child 
 30.23  Welfare Act, United States Code, title 25, sections 1901 to 
 30.24  1923, and the Minnesota Indian Family Preservation Act, sections 
 30.25  260.751 to 260.835.  
 30.26     Sec. 16.  Minnesota Statutes 2000, section 260C.201, 
 30.27  subdivision 1, is amended to read: 
 30.28     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 30.29  the child is in need of protection or services or neglected and 
 30.30  in foster care, it shall enter an order making any of the 
 30.31  following dispositions of the case: 
 30.32     (1) place the child under the protective supervision of the 
 30.33  ~~local~~ responsible social services agency or child-placing agency 
 30.34  in the home of a parent of the child under conditions prescribed 
 30.35  by the court directed to the correction of the child's need for 
 30.36  protection or services~~, or~~: 
 31.1      (i) the court may order the child into the home of a parent 
 31.2   who does not otherwise have legal custody of the child, however, 
 31.3   an order under this section does not confer legal custody on 
 31.4   that parent; 
 31.5      (ii) if the court orders the child into the home of a 
 31.6   father who is not adjudicated, he must cooperate with paternity 
 31.7   establishment proceedings regarding the child in the appropriate 
 31.8   jurisdiction as one of the conditions prescribed by the court 
 31.9   for the child to continue in his home; 
 31.10     (iii) the court may order the child into the home of a 
 31.11  noncustodial parent with conditions and may also order both the 
 31.12  noncustodial and the custodial parent to comply with the 
 31.13  requirements of a case plan under subdivision 2; or 
 31.14     (2) transfer legal custody to one of the following: 
 31.15     (i) a child-placing agency; or 
 31.16     (ii) the ~~local~~ responsible social services agency. In 
 31.17  placing a child whose custody has been transferred under this 
 31.18  paragraph, the agencies shall ~~follow the requirements of section~~ 
 31.19  ~~260C.193, subdivision 3;~~ make an individualized determination of 
 31.20  how the placement is in the child's best interests using the 
 31.21  consideration for relatives and the best interest factors in 
 31.22  section 260C.212, subdivision 2, paragraph (b); or 
 31.23     (3) if the child is in need of special treatment and care 
 31.24  for reasons of physical or mental health, the court may order 
 31.25  the child's parent, guardian, or custodian to provide it.  If 
 31.26  the parent, guardian, or custodian fails or is unable to provide 
 31.27  this treatment or care, the court may order it provided.  The 
 31.28  court shall not transfer legal custody of the child for the 
 31.29  purpose of obtaining special treatment or care solely because 
 31.30  the parent is unable to provide the treatment or care.  If the 
 31.31  court's order for mental health treatment is based on a 
 31.32  diagnosis made by a treatment professional, the court may order 
 31.33  that the diagnosing professional not provide the treatment to 
 31.34  the child if it finds that such an order is in the child's best 
 31.35  interests; or 
 31.36     (4) if the court believes that the child has sufficient 
 32.1   maturity and judgment and that it is in the best interests of 
 32.2   the child, the court may order a child 16 years old or older to 
 32.3   be allowed to live independently, either alone or with others as 
 32.4   approved by the court under supervision the court considers 
 32.5   appropriate, if the county board, after consultation with the 
 32.6   court, has specifically authorized this dispositional 
 32.7   alternative for a child. 
 32.8      (b) If the child was adjudicated in need of protection or 
 32.9   services because the child is a runaway or habitual truant, the 
 32.10  court may order any of the following dispositions in addition to 
 32.11  or as alternatives to the dispositions authorized under 
 32.12  paragraph (a): 
 32.13     (1) counsel the child or the child's parents, guardian, or 
 32.14  custodian; 
 32.15     (2) place the child under the supervision of a probation 
 32.16  officer or other suitable person in the child's own home under 
 32.17  conditions prescribed by the court, including reasonable rules 
 32.18  for the child's conduct and the conduct of the parents, 
 32.19  guardian, or custodian, designed for the physical, mental, and 
 32.20  moral well-being and behavior of the child; or with the consent 
 32.21  of the commissioner of corrections, place the child in a group 
 32.22  foster care facility which is under the commissioner's 
 32.23  management and supervision; 
 32.24     (3) subject to the court's supervision, transfer legal 
 32.25  custody of the child to one of the following: 
 32.26     (i) a reputable person of good moral character.  No person 
 32.27  may receive custody of two or more unrelated children unless 
 32.28  licensed to operate a residential program under sections 245A.01 
 32.29  to 245A.16; or 
 32.30     (ii) a county probation officer for placement in a group 
 32.31  foster home established under the direction of the juvenile 
 32.32  court and licensed pursuant to section 241.021; 
 32.33     (4) require the child to pay a fine of up to $100.  The 
 32.34  court shall order payment of the fine in a manner that will not 
 32.35  impose undue financial hardship upon the child; 
 32.36     (5) require the child to participate in a community service 
 33.1   project; 
 33.2      (6) order the child to undergo a chemical dependency 
 33.3   evaluation and, if warranted by the evaluation, order 
 33.4   participation by the child in a drug awareness program or an 
 33.5   inpatient or outpatient chemical dependency treatment program; 
 33.6      (7) if the court believes that it is in the best interests 
 33.7   of the child and of public safety that the child's driver's 
 33.8   license or instruction permit be canceled, the court may order 
 33.9   the commissioner of public safety to cancel the child's license 
 33.10  or permit for any period up to the child's 18th birthday.  If 
 33.11  the child does not have a driver's license or permit, the court 
 33.12  may order a denial of driving privileges for any period up to 
 33.13  the child's 18th birthday.  The court shall forward an order 
 33.14  issued under this clause to the commissioner, who shall cancel 
 33.15  the license or permit or deny driving privileges without a 
 33.16  hearing for the period specified by the court.  At any time 
 33.17  before the expiration of the period of cancellation or denial, 
 33.18  the court may, for good cause, order the commissioner of public 
 33.19  safety to allow the child to apply for a license or permit, and 
 33.20  the commissioner shall so authorize; 
 33.21     (8) order that the child's parent or legal guardian deliver 
 33.22  the child to school at the beginning of each school day for a 
 33.23  period of time specified by the court; or 
 33.24     (9) require the child to perform any other activities or 
 33.25  participate in any other treatment programs deemed appropriate 
 33.26  by the court.  
 33.27     To the extent practicable, the court shall enter a 
 33.28  disposition order the same day it makes a finding that a child 
 33.29  is in need of protection or services or neglected and in foster 
 33.30  care, but in no event more than 15 days after the finding unless 
 33.31  the court finds that the best interests of the child will be 
 33.32  served by granting a delay.  If the child was under eight years 
 33.33  of age at the time the petition was filed, the disposition order 
 33.34  must be entered within ten days of the finding and the court may 
 33.35  not grant a delay unless good cause is shown and the court finds 
 33.36  the best interests of the child will be served by the delay. 
 34.1      (c) If a child who is 14 years of age or older is 
 34.2   adjudicated in need of protection or services because the child 
 34.3   is a habitual truant and truancy procedures involving the child 
 34.4   were previously dealt with by a school attendance review board 
 34.5   or county attorney mediation program under section 260A.06 or 
 34.6   260A.07, the court shall order a cancellation or denial of 
 34.7   driving privileges under paragraph (b), clause (7), for any 
 34.8   period up to the child's 18th birthday. 
 34.9      (d) In the case of a child adjudicated in need of 
 34.10  protection or services because the child has committed domestic 
 34.11  abuse and been ordered excluded from the child's parent's home, 
 34.12  the court shall dismiss jurisdiction if the court, at any time, 
 34.13  finds the parent is able or willing to provide an alternative 
 34.14  safe living arrangement for the child, as defined in Laws 1997, 
 34.15  chapter 239, article 10, section 2.  
 34.16     (e) When a parent has complied with a case plan ordered 
 34.17  under subdivision 6 and the child is in the care of the parent, 
 34.18  the court may order the responsible social services agency to 
 34.19  monitor the parent's continued ability to maintain the child 
 34.20  safely in the home under such terms and conditions as the court 
 34.21  determines appropriate under the circumstances. 
 34.22     Sec. 17.  Minnesota Statutes 2000, section 260C.201, 
 34.23  subdivision 2, is amended to read: 
 34.24     Subd. 2.  [WRITTEN FINDINGS.] (a) Any order for a 
 34.25  disposition authorized under this section shall contain written 
 34.26  findings of fact to support the disposition and case plan 
 34.27  ordered and shall also set forth in writing the following 
 34.28  information: 
 34.29     ~~(a)~~ (1) Why the best interests and safety of the child are 
 34.30  served by the disposition and case plan ordered; 
 34.31     ~~(b)~~ (2) What alternative dispositions or services under the 
 34.32  case plan were considered by the court and why such dispositions 
 34.33  or services were not appropriate in the instant case; 
 34.34     ~~(c) How the court's disposition complies with the~~ 
 34.35  ~~requirements of section 260C.193, subdivision 3~~ (3) When legal 
 34.36  custody of the child is transferred, the appropriateness of the 
 35.1   particular placement made or to be made by the placing agency 
 35.2   using the factors in section 260C.212, subdivision 2, paragraph 
 35.3   (b); and 
 35.4      ~~(d)~~ (4) Whether reasonable efforts consistent with section 
 35.5   260.012 were made to prevent or eliminate the necessity of the 
 35.6   child's removal and to reunify the family after removal.  The 
 35.7   court's findings must include a brief description of what 
 35.8   preventive and reunification efforts were made and why further 
 35.9   efforts could not have prevented or eliminated the necessity of 
 35.10  removal or that reasonable efforts were not required under 
 35.11  section 260.012 or 260C.178, subdivision 1. 
 35.12     (b) If the court finds that the social services agency's 
 35.13  preventive or reunification efforts have not been reasonable but 
 35.14  that further preventive or reunification efforts could not 
 35.15  permit the child to safely remain at home, the court may 
 35.16  nevertheless authorize or continue the removal of the child. 
 35.17     (c) If the child has been identified by the responsible 
 35.18  social services agency as the subject of concurrent permanency 
 35.19  planning, the court shall review the reasonable efforts of the 
 35.20  agency to recruit, identify, and make a placement in a home 
 35.21  where the foster parent or relative that has committed to being 
 35.22  the legally permanent home for the child in the event 
 35.23  reunification efforts are not successful. 
 35.24     Sec. 18.  Minnesota Statutes 2000, section 260C.201, 
 35.25  subdivision 5, is amended to read: 
 35.26     Subd. 5.  [VISITATION.] If the court orders that the child 
 35.27  be placed outside of the child's home or present residence, it 
 35.28  shall set reasonable rules for supervised or unsupervised 
 35.29  parental visitation that contribute to the objectives of the 
 35.30  court order and the maintenance of the familial relationship.  
 35.31  No parent may be denied visitation unless the court finds at the 
 35.32  disposition hearing that the visitation would act to prevent the 
 35.33  achievement of the order's objectives or that it would endanger 
 35.34  the child's physical or emotional well-being.  The court shall 
 35.35  set reasonable rules for visitation for any relatives as defined 
 35.36  in section ~~260C.193, subdivision 3~~ 260C.007, subdivision 14, and 
 36.1   with siblings of the child, if visitation is consistent with the 
 36.2   best interests of the child.  
 36.3      Sec. 19.  Minnesota Statutes 2000, section 260C.201, 
 36.4   subdivision 6, is amended to read: 
 36.5      Subd. 6.  [CASE PLAN.] (a) For each disposition ordered 
 36.6   where the child is placed away from a parent or guardian, the 
 36.7   court shall order the ~~appropriate~~ responsible social services 
 36.8   agency to prepare a written ~~case~~ out-of-home placement 
 36.9   plan according to the requirements of section 260C.212, 
 36.10  subdivision 1. ~~developed after consultation with any foster~~ 
 36.11  ~~parents, and consultation with and participation by the child~~ 
 36.12  ~~and the child's parent, guardian, or custodian, guardian ad~~ 
 36.13  ~~litem, and tribal representative if the tribe has intervened.~~  
 36.14  ~~The case plan shall comply with the requirements of section~~ 
 36.15  ~~260C.212, where applicable.  The case plan shall, among other~~ 
 36.16  ~~matters, specify the actions to be taken by the child and the~~ 
 36.17  ~~child's parent, guardian, foster parent, or custodian to ensure~~ 
 36.18  ~~the child's safety and to comply with the court's disposition~~ 
 36.19  ~~order, and the services to be offered and provided by the agency~~ 
 36.20  ~~to the child and the child's parent, guardian, or custodian.~~  
 36.21  ~~The court shall review the case plan and, upon approving it,~~ 
 36.22  ~~incorporate the plan into its disposition order.  The court may~~ 
 36.23  ~~review and modify the terms of the case plan in the manner~~ 
 36.24  ~~provided in subdivision 2.  For each disposition ordered, the~~ 
 36.25  ~~written case plan shall specify what reasonable efforts shall be~~ 
 36.26  ~~provided to the family.  The case plan must include a discussion~~ 
 36.27  ~~of:~~ 
 36.28     ~~(1) the availability of appropriate prevention and~~ 
 36.29  ~~reunification services for the family to safely prevent the~~ 
 36.30  ~~removal of the child from the home or to safely reunify the~~ 
 36.31  ~~child with the family after removal;~~ 
 36.32     ~~(2) any services or resources that were requested by the~~ 
 36.33  ~~child or the child's parent, guardian, foster parent, or~~ 
 36.34  ~~custodian since the date of initial adjudication, and whether~~ 
 36.35  ~~those services or resources were provided or the basis for~~ 
 36.36  ~~denial of the services or resources;~~ 
 37.1      ~~(3) the need of the child and family for care, treatment,~~ 
 37.2   ~~or rehabilitation;~~ 
 37.3      ~~(4) the need for participation by the parent, guardian, or~~ 
 37.4   ~~custodian in the plan of care for the child;~~ 
 37.5      ~~(5) the visitation rights and obligations of the parent or~~ 
 37.6   ~~other relatives, as defined in section 260C.193, subdivision 3,~~ 
 37.7   ~~during any period when the child is placed outside the home;~~ 
 37.8      ~~(6) a description of any services that could safely prevent~~ 
 37.9   ~~placement or reunify the family if such services were available;~~ 
 37.10  ~~and~~ 
 37.11     ~~(7) the need for continued monitoring of the child and~~ 
 37.12  ~~family by the appropriate local social services agency once the~~ 
 37.13  ~~family has completed all services required in the case plan.~~ 
 37.14     (b) In cases where the child is not placed out of the home 
 37.15  or is ordered into the home of a noncustodial parent, the 
 37.16  responsible social services agency shall prepare a plan for 
 37.17  delivery of social services to the child and custodial parent 
 37.18  under section 626.556, subdivision 10, or any other case plan 
 37.19  required to meet the needs of the child.  The plan shall be 
 37.20  designed to safely maintain the child in the home or to reunite 
 37.21  the child with the custodial parent. 
 37.22     (c) The court may approve the case plan as presented or 
 37.23  modify it after hearing from the parties.  Once the plan is 
 37.24  approved, the court shall order all parties to comply with it.  
 37.25  A copy of the approved case plan shall be attached to the 
 37.26  court's order and incorporated into it by reference. 
 37.27     (d) A party has a right to request a court review of the 
 37.28  reasonableness of the case plan upon a showing of a substantial 
 37.29  change of circumstances. 
 37.30     Sec. 20.  Minnesota Statutes 2000, section 260C.201, 
 37.31  subdivision 7, is amended to read: 
 37.32     Subd. 7.  [ORDER DURATION.] Subject to subdivisions 10 and 
 37.33  11, all orders under this section shall be for a specified 
 37.34  length of time set by the court not to exceed one year.  
 37.35  However, before the order has expired and upon its own motion or 
 37.36  that of any interested party, the court shall, after notice to 
 38.1   the parties and a hearing, renew the order for another year or 
 38.2   make some other disposition of the case, until the individual is 
 38.3   no longer a minor.  Any ~~person to whom~~ responsible social 
 38.4   services agency receiving legal custody ~~is transferred~~ of a 
 38.5   child shall report to the court ~~in writing~~ at such periods as 
 38.6   the court may direct and as required under juvenile court rules. 
 38.7      Sec. 21.  Minnesota Statutes 2000, section 260C.201, 
 38.8   subdivision 10, is amended to read: 
 38.9      Subd. 10.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
 38.10  the court places a child in a residential facility, as defined 
 38.11  in section 260C.212, subdivision 1, the court shall review the 
 38.12  out-of-home placement ~~at least every six months~~ as required in 
 38.13  juvenile court rules to determine whether continued out-of-home 
 38.14  placement is necessary and appropriate or whether the child 
 38.15  should be returned home.  
 38.16     (b) No later than six months after the child's out-of-home 
 38.17  placement, the court shall review agency efforts pursuant to 
 38.18  section ~~260C.215, subdivision 1~~ 260C.212, subdivision 2, and 
 38.19  order that the efforts continue if the agency has failed to 
 38.20  perform the duties under that section.  
 38.21     (c) The court shall review the ~~case~~ out-of-home placement 
 38.22  plan and may modify the ~~case~~ plan as provided under subdivisions 
 38.23  6 and 7.  
 38.24     ~~If~~ (d) When the court orders ~~continued~~ out-of-home 
 38.25  placement, the court shall notify the parents of the provisions 
 38.26  of ~~subdivision~~ subdivisions 11 and 11a as required under 
 38.27  juvenile court rules. 
 38.28     ~~(b) When the court determines that a permanent placement~~ 
 38.29  ~~hearing is necessary because there is a likelihood that the~~ 
 38.30  ~~child will not return to a parent's care, the court may~~ 
 38.31  ~~authorize the agency with custody of the child to send the~~ 
 38.32  ~~notice provided in section 260C.212, subdivision 5, paragraph~~ 
 38.33  ~~(b), or may modify the requirements of the agency under section~~ 
 38.34  ~~260C.212, subdivision 5, paragraph (b), or may completely~~ 
 38.35  ~~relieve the responsible social services agency of the~~ 
 38.36  ~~requirements of section 260C.212, subdivision 5, paragraph (b),~~ 
 39.1   ~~when the child is placed with an appropriate relative who wishes~~ 
 39.2   ~~to provide a permanent home for the child.  The actions ordered~~ 
 39.3   ~~by the court under this section must be consistent with the best~~ 
 39.4   ~~interests, safety, and welfare of the child.~~  
 39.5      Sec. 22.  Minnesota Statutes 2000, section 260C.201, 
 39.6   subdivision 11, is amended to read: 
 39.7      Subd. 11.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 39.8   PLACEMENT DETERMINATION.] (a) Except for cases where the child 
 39.9   is in placement due solely to the child's ~~status as~~ 
 39.10  ~~developmentally delayed under United States Code, title 42,~~ 
 39.11  ~~section 6001(7),~~ developmental disability or ~~emotionally~~ 
 39.12  ~~handicapped under section 252.27~~ emotional disturbance, and 
 39.13  where custody has not been transferred to the responsible social 
 39.14  services agency, and the court finds compelling reasons under 
 39.15  section 260C.007, subdivision 5a, the court shall conduct a 
 39.16  hearing to determine the permanent status of a child not later 
 39.17  than 12 months after the child is placed out of the home of the 
 39.18  parent~~, except that if the child was under eight years of age at~~ 
 39.19  ~~the time the petition was filed, the hearing must be conducted~~ 
 39.20  ~~no later than six months after the child is placed out of the~~ 
 39.21  ~~home of the parent~~. 
 39.22     For purposes of this subdivision, the date of the child's 
 39.23  placement out of the home of the parent is the earlier of the 
 39.24  first court-ordered placement or 60 days after the date on which 
 39.25  the child has been voluntarily placed out of the home. 
 39.26     For purposes of this subdivision, 12 months is calculated 
 39.27  as follows: 
 39.28     (1) during the pendency of a petition alleging that a child 
 39.29  is in need of protection or services, all time periods when a 
 39.30  child is placed out of the home of the parent are cumulated; 
 39.31     (2) if a child has been placed out of the home of the 
 39.32  parent within the previous five years under one or more previous 
 39.33  petitions, the lengths of all prior time periods when the child 
 39.34  was placed out of the home within the previous five years are 
 39.35  cumulated.  If a child under this clause has been out of the 
 39.36  home for 12 months or more, the court, if it is in the best 
 40.1   interests of the child and for compelling reasons, may extend 
 40.2   the total time the child may continue out of the home under the 
 40.3   current petition up to an additional six months before making a 
 40.4   permanency determination.  
 40.5      (b) Unless the responsible social services agency 
 40.6   recommends return of the child to the custodial parent or 
 40.7   parents, not later than 30 days prior to this hearing, the 
 40.8   responsible social services agency shall file pleadings in 
 40.9   juvenile court to establish the basis for the juvenile court to 
 40.10  order permanent placement of the child according to paragraph 
 40.11  (d).  Notice of the hearing and copies of the pleadings must be 
 40.12  provided pursuant to section 260C.152.  If a termination of 
 40.13  parental rights petition is filed before the date required for 
 40.14  the permanency planning determination and there is a trial under 
 40.15  section 260C.163 scheduled on that petition within 90 days of 
 40.16  the filing of the petition, no hearing need be conducted under 
 40.17  this subdivision.  
 40.18     (c) At the conclusion of the hearing, the court shall order 
 40.19  the child returned ~~home~~ to the care of the parent or guardian 
 40.20  from whom the child was removed or order a permanent placement 
 40.21  in the child's best interests.  The "best interests of the 
 40.22  child" means all relevant factors to be considered and 
 40.23  evaluated.  Transfer of permanent legal and physical custody, 
 40.24  termination of parental rights, or guardianship and legal 
 40.25  custody to the commissioner through a consent to adopt are 
 40.26  preferred permanency options for a child who cannot return home. 
 40.27     ~~(d) At a hearing under this subdivision, if the child was~~ 
 40.28  ~~under eight years of age at the time the petition was filed~~ 
 40.29  ~~alleging the child in need of protection or services, the court~~ 
 40.30  ~~shall review the progress of the case and the case plan,~~ 
 40.31  ~~including the provision of services.  The court may order the~~ 
 40.32  ~~local social services agency to show cause why it should not~~ 
 40.33  ~~file a termination of parental rights petition.  Cause may~~ 
 40.34  ~~include, but is not limited to, the following conditions:~~ 
 40.35     ~~(1) the parents or guardians have maintained regular~~ 
 40.36  ~~contact with the child, the parents are complying with the~~ 
 41.1   ~~court-ordered case plan, and the child would benefit from~~ 
 41.2   ~~continuing this relationship;~~ 
 41.3      ~~(2) grounds for termination under section 260C.301 do not~~ 
 41.4   ~~exist; or~~ 
 41.5      ~~(3) the permanent plan for the child is transfer of~~ 
 41.6   ~~permanent legal and physical custody to a relative.  When the~~ 
 41.7   ~~permanent plan for the child is transfer of permanent legal and~~ 
 41.8   ~~physical custody to a relative, a petition supporting the plan~~ 
 41.9   ~~shall be filed in juvenile court within 30 days of the hearing~~ 
 41.10  ~~required under this subdivision and a hearing on the petition~~ 
 41.11  ~~held within 30 days of the filing of the pleadings.~~ 
 41.12     ~~(e)~~ (d) If the child is not returned to the home, the court 
 41.13  must order one of the following dispositions: 
 41.14     (1) permanent legal and physical custody to a relative in 
 41.15  the best interests of the child~~.~~ according to the following 
 41.16  conditions: 
 41.17     (i) an order for transfer of permanent legal and physical 
 41.18  custody to a relative shall only be made after the court has 
 41.19  reviewed the suitability of the prospective legal and physical 
 41.20  custodian; 
 41.21     (ii) in transferring permanent legal and physical custody 
 41.22  to a relative, the juvenile court shall follow the standards and 
 41.23  procedures applicable under this chapter, ~~chapter~~ chapters 260~~,~~ 
 41.24  ~~or chapter~~ and 518~~.~~, and juvenile court rules; 
 41.25     (iii) an order establishing permanent legal ~~or~~ and physical 
 41.26  custody under this subdivision must be filed with the family 
 41.27  court~~.~~; 
 41.28     (iv) a transfer of legal and physical custody includes 
 41.29  responsibility for the protection, education, care, and control 
 41.30  of the child and decision making on behalf of the child~~.~~; 
 41.31     (v) the social services agency may petition on behalf of 
 41.32  the proposed custodian; and 
 41.33     (vi) the juvenile court may maintain jurisdiction over the 
 41.34  responsible social services agency, the parents or guardian of 
 41.35  the child, the child, and the permanent legal and physical 
 41.36  custodian for purposes of ensuring appropriate services are 
 42.1   delivered to the child and permanent legal custodian or for the 
 42.2   purpose of ensuring conditions ordered by the court related to 
 42.3   the care and custody of the child are met; 
 42.4      (2) termination of parental rights~~;~~ according to the 
 42.5   following conditions: 
 42.6      (i) unless the social services agency has already filed a 
 42.7   petition for termination of parental rights under section 
 42.8   260C.307, the court may order such a petition filed and all the 
 42.9   requirements of sections 260C.301 to 260C.328 remain 
 42.10  applicable~~.~~; and 
 42.11     (ii) an adoption completed subsequent to a determination 
 42.12  under this subdivision may include an agreement for 
 42.13  communication or contact under section 259.58; ~~or~~ 
 42.14     (3) long-term foster care~~; transfer of legal custody and~~ 
 42.15  ~~adoption are preferred permanency options for a child who cannot~~ 
 42.16  ~~return home.~~ according to the following conditions: 
 42.17     (i) the court may order a child into long-term foster care 
 42.18  only if it finds compelling reasons that neither an award of 
 42.19  permanent legal and physical custody to a relative, nor 
 42.20  termination of parental rights ~~nor adoption~~ is in the child's 
 42.21  best interests~~.~~; and 
 42.22     (ii) further, the court may only order long-term foster 
 42.23  care for the child under this section if it finds the following: 
 42.24     ~~(i)~~ (A) the child has reached age 12 and reasonable efforts 
 42.25  by the responsible social services agency have failed to locate 
 42.26  an adoptive family for the child; or 
 42.27     ~~(ii)~~ (B) the child is a sibling of a child described in 
 42.28  ~~clause (i)~~ subitem (A) and the siblings have a significant 
 42.29  positive relationship and are ordered into the same long-term 
 42.30  foster care home; ~~or~~ 
 42.31     (4) foster care for a specified period of time according to 
 42.32  the following conditions: 
 42.33     (i) foster care for a specified period of time may be 
 42.34  ordered only if: 
 42.35     ~~(i)~~ (A) the sole basis for an adjudication that the child 
 42.36  is in need of protection or services is the child's 
 43.1   behavior; ~~and~~ 
 43.2      ~~(ii)~~ (B) the court finds that foster care for a specified 
 43.3   period of time is in the best interests of the child~~.~~; and 
 43.4      (C) the court finds compelling reasons that neither an 
 43.5   award of permanent legal and physical custody to a relative, nor 
 43.6   termination of parental rights is in the child's best interests; 
 43.7      (ii) the order does not specify that the child continue in 
 43.8   foster care for any period exceeding one year; or 
 43.9      (5) guardianship and legal custody to the commissioner of 
 43.10  human services under the following procedures and conditions: 
 43.11     (i) there is an identified prospective adoptive home that 
 43.12  has agreed to adopt the child and the court accepts the parent's 
 43.13  voluntary consent to adopt under chapter 259.24; 
 43.14     (ii) if the court accepts a consent to adopt in lieu of 
 43.15  ordering one of the other enumerated permanency dispositions, 
 43.16  the court must review the matter at least every 90 days.  The 
 43.17  review will address the reasonable efforts of the agency to 
 43.18  achieve a finalized adoption; 
 43.19     (iii) a consent to adopt under this clause vests all legal 
 43.20  authority regarding the child, including guardianship and legal 
 43.21  custody of the child, with the commissioner of human services as 
 43.22  if the child were a state ward after termination of parental 
 43.23  rights; 
 43.24     (iv) the court must forward a copy of the consent to adopt, 
 43.25  together with a certified copy of the order transferring 
 43.26  guardianship and legal custody to the commissioner, to the 
 43.27  commissioner; and 
 43.28     (v) if an adoption is not finalized by the identified 
 43.29  prospective adoptive parent within 12 months of the execution of 
 43.30  the consent to adopt under this clause, the commissioner of 
 43.31  human services or the commissioner's delegate, shall pursue 
 43.32  adoptive placement in another home unless the commissioner 
 43.33  certifies that the failure to finalize is not due to either an 
 43.34  action or a failure to act by the prospective adoptive parent. 
 43.35     ~~(f)~~ (e) In ordering a permanent placement of a child, the 
 43.36  court must be governed by the best interests of the child, 
 44.1   including a review of the relationship between the child and 
 44.2   relatives and the child and other important persons with whom 
 44.3   the child has resided or had significant contact. 
 44.4      ~~(g)~~ (f) Once a permanent placement determination has been 
 44.5   made and permanent placement has been established, further court 
 44.6   reviews ~~and dispositional hearings~~ are ~~only~~ necessary if: 
 44.7      (1) the placement is ~~made under paragraph (e), clause (4),~~ 
 44.8   ~~review is otherwise required by federal law,~~ long-term foster 
 44.9   care or foster care for a specified period of time; 
 44.10     (2) the court orders further hearings because it has 
 44.11  retained jurisdiction of a transfer of permanent legal and 
 44.12  physical custody matter; 
 44.13     (3) an adoption has not yet been finalized~~,~~; or 
 44.14     (4) there is a disruption of the permanent or long-term 
 44.15  placement.  
 44.16     (g) Court reviews of an order for long-term foster care, 
 44.17  whether under this section or section 260C.317, subdivision 3, 
 44.18  paragraph (d), or foster care for a specified period of time 
 44.19  must be conducted at least yearly and must review the child's 
 44.20  out-of-home placement plan and the reasonable efforts of the 
 44.21  agency to: 
 44.22     (1) identify a specific long-term foster home for the child 
 44.23  or a specific foster home for the time the child is specified to 
 44.24  be out of the care of the parent, if one has not already been 
 44.25  identified; 
 44.26     (2) support continued placement of the child in the 
 44.27  identified home, if one has been identified; 
 44.28     (3) ensure appropriate services are provided to the child 
 44.29  during the period of long-term foster care or foster care for a 
 44.30  specified period of time; 
 44.31     (4) plan for the child's independence upon the child's 
 44.32  leaving long-term foster care living as required under section 
 44.33  260C.212, subdivision 1; and 
 44.34     (5) where placement is for a specified period of time, a 
 44.35  plan for the safe return of the child to the care of the parent. 
 44.36     (h) An order under this subdivision must include the 
 45.1   following detailed findings: 
 45.2      (1) how the child's best interests are served by the order; 
 45.3      (2) the nature and extent of the responsible social service 
 45.4   agency's reasonable efforts, or, in the case of an Indian child, 
 45.5   active efforts to reunify the child with the parent or parents; 
 45.6      (3) the parent's or parents' efforts and ability to use 
 45.7   services to correct the conditions which led to the out-of-home 
 45.8   placement; and 
 45.9      (4) whether the conditions which led to the out-of-home 
 45.10  placement have been corrected so that the child can return home. 
 45.11     (i) An order for permanent legal and physical custody of a 
 45.12  child may be modified under sections 518.18 and 518.185.  The 
 45.13  social services agency is a party to the proceeding and must 
 45.14  receive notice.  A parent may only seek modification of an order 
 45.15  for long-term foster care ~~is reviewable~~ upon motion and a 
 45.16  showing by the parent of a substantial change in the parent's 
 45.17  circumstances such that the parent could provide appropriate 
 45.18  care for the child and that removal of the child from the 
 45.19  child's permanent placement and the return to the parent's care 
 45.20  would be in the best interest of the child. 
 45.21     (j) The court shall issue an order required under this 
 45.22  section within 15 days of the close of the proceedings.  The 
 45.23  court may extend issuing the order an additional 15 days when 
 45.24  necessary in the interests of justice and the best interests of 
 45.25  the child. 
 45.26     Sec. 23.  Minnesota Statutes 2000, section 260C.201, is 
 45.27  amended by adding a subdivision to read: 
 45.28     Subd. 11a.  [PERMANENCY REVIEW FOR CHILDREN UNDER EIGHT.] 
 45.29  (a) [HEARING TO REVIEW PROGRESS OF THE CASE.] If the child was 
 45.30  under eight years of age at the time the petition was filed 
 45.31  alleging the child was in need of protection or services, and 
 45.32  the child continues in placement out of the home of the parent 
 45.33  or guardian from whom the child was removed, no later than six 
 45.34  months after the child's placement, the court shall conduct a 
 45.35  permanency hearing to review the progress of the case, the 
 45.36  parent's progress on the out-of-home placement plan, and the 
 46.1   provision of services. 
 46.2      (b) [COUNTY ATTORNEY AND RESPONSIBLE AGENCY'S 
 46.3   DUTIES.] Based on its assessment of the parent's or guardian's 
 46.4   progress on the out-of-home placement plan, the responsible 
 46.5   social services agency must ask the county attorney to file a 
 46.6   petition for termination of parental rights, a petition for 
 46.7   transfer of permanent legal and physical custody to a relative, 
 46.8   or the report required under juvenile court rules. 
 46.9      (c) [COURT'S FINDINGS.] (1) If the parent or guardian has 
 46.10  maintained contact with the child, is complying with the 
 46.11  court-ordered out-of-home placement plan, and the child would 
 46.12  benefit from reunification with the parent, the court may either:
 46.13     (i) return the child home, if the conditions which led to 
 46.14  the out-of-home placement have been sufficiently mitigated that 
 46.15  it is safe and in the child's best interests to return home; or 
 46.16     (ii) continue the matter up to a total of six additional 
 46.17  months.  If the child has not returned home by the end of the 
 46.18  additional six months, the court must conduct a hearing 
 46.19  according to subdivision 11. 
 46.20     (2) If the court determines that the parent or guardian is 
 46.21  not complying with the out-of-home placement plan or is not 
 46.22  maintaining regular contact with the child as outlined in the 
 46.23  visitation plan required as part of the out-of-home placement 
 46.24  plan under section 260C.212, the court may order the responsible 
 46.25  social services agency to develop a plan for permanent placement 
 46.26  of the child away from the parent and to file a petition to 
 46.27  support an order for the permanent placement plan. 
 46.28     (d) [RESPONSIBLE AGENCY'S OR COUNTY ATTORNEY'S DUTIES.] 
 46.29  Following the review under paragraphs (b) and (c): 
 46.30     (1) if the court has either returned the child home or 
 46.31  continued the matter up to a total of six additional months, the 
 46.32  agency shall continue to provide services to support the child's 
 46.33  return home or to make reasonable efforts to achieve 
 46.34  reunification of the child and the parent as ordered by the 
 46.35  court under an approved case plan; 
 46.36     (2) if the court orders the agency to develop a plan for 
 47.1   the transfer of permanent legal and physical custody of the 
 47.2   child to a relative, a petition supporting the plan shall be 
 47.3   filed in juvenile court within 30 days of the hearing required 
 47.4   under this subdivision and a trial on the petition held within 
 47.5   30 days of the filing of the pleadings; or 
 47.6      (3) if the court orders the agency to file a termination of 
 47.7   parental rights, unless the county attorney can show cause why a 
 47.8   termination of parental rights petition should not be filed, a 
 47.9   petition for termination of parental rights shall be filed in 
 47.10  juvenile court within 30 days of the hearing required under this 
 47.11  subdivision and a trial on the petition held within 90 days of 
 47.12  the filing of the petition. 
 47.13     Sec. 24.  Minnesota Statutes 2000, section 260C.205, is 
 47.14  amended to read: 
 47.15     260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
 47.16     Unless the court disposes of the petition under section 
 47.17  260C.141, subdivision 2, upon a petition for review of the 
 47.18  foster care status of a child, the court may:  
 47.19     (a) Find that the child's needs are not being met, in which 
 47.20  case the court shall order the social services agency or the 
 47.21  parents to take whatever action is necessary and feasible to 
 47.22  meet the child's needs, including, when appropriate, the 
 47.23  provision by the social services agency of services to the 
 47.24  parents which would enable the child to live at home, and order 
 47.25  a disposition under section 260C.201. 
 47.26     (b) Find that the child has been abandoned by parents 
 47.27  financially or emotionally, or that the developmentally disabled 
 47.28  child does not require out-of-home care because of the 
 47.29  handicapping condition, in which case the court shall order the 
 47.30  social services agency to file an appropriate petition pursuant 
 47.31  to section 260C.141, subdivision 1, or 260C.307. 
 47.32     (c) When a child is in placement due solely to the child's 
 47.33  developmental disability or emotional disturbance and the court 
 47.34  finds that there are compelling reasons which permit the court 
 47.35  to approve the continued voluntary placement of the child and 
 47.36  retain jurisdiction to conduct reviews as required under section 
 48.1   260C.141, subdivision 2, the court shall give the parent notice 
 48.2   of the review requirements of section 260C.141, subdivision 2, 
 48.3   in the event the child continues in placement 12 months or 
 48.4   longer. 
 48.5      Nothing in this section shall be construed to prohibit 
 48.6   bringing a petition pursuant to section 260C.141, subdivision 1 
 48.7   or 4, sooner than required by court order pursuant to this 
 48.8   section.  
 48.9      Sec. 25.  Minnesota Statutes 2000, section 260C.212, 
 48.10  subdivision 1, is amended to read: 
 48.11     Subdivision 1.  [OUT-OF-HOME PLACEMENT; PLAN.] (a) ~~A case~~ 
 48.12  An out-of-home placement plan shall be prepared within 30 days 
 48.13  after any child is placed in a residential facility by court 
 48.14  order or by the voluntary release of the child by the parent or 
 48.15  parents.  
 48.16     For purposes of this section, a residential facility means 
 48.17  any group home, family foster home or other publicly supported 
 48.18  out-of-home residential facility, including any out-of-home 
 48.19  residential facility under contract with the state, county or 
 48.20  other political subdivision, or any agency thereof, to provide 
 48.21  those services or foster care as defined in section 260C.007, 
 48.22  subdivision 9.  
 48.23     (b) ~~When a child is in placement, the responsible local~~ 
 48.24  ~~social services agency shall make diligent efforts to identify,~~ 
 48.25  ~~locate, and, where appropriate, offer services to both parents~~ 
 48.26  ~~of the child.  If a noncustodial or nonadjudicated parent is~~ 
 48.27  ~~willing and capable of providing for the day-to-day care of the~~ 
 48.28  ~~child, the local social services agency may seek authority from~~ 
 48.29  ~~the custodial parent or the court to have that parent assume~~ 
 48.30  ~~day-to-day care of the child.  If a parent is not an adjudicated~~ 
 48.31  ~~parent, the local social services agency shall require the~~ 
 48.32  ~~nonadjudicated parent to cooperate with paternity establishment~~ 
 48.33  ~~procedures as part of the case plan.~~ 
 48.34     ~~(c) If, after assessment, the local social services agency~~ 
 48.35  ~~determines that the child cannot be in the day-to-day care of~~ 
 48.36  ~~either parent, the agency shall prepare a case plan addressing~~ 
 49.1   ~~the conditions that each parent must mitigate before the child~~ 
 49.2   ~~could be in that parent's day-to-day care.~~ 
 49.3      ~~(d) If, after the provision of services following a case~~ 
 49.4   ~~plan under this section and ordered by the juvenile court, the~~ 
 49.5   ~~child cannot return to the care of the parent from whom the~~ 
 49.6   ~~child was removed or who had legal custody at the time the child~~ 
 49.7   ~~was placed in foster care, the agency may petition on behalf of~~ 
 49.8   ~~a noncustodial parent to establish legal custody with that~~ 
 49.9   ~~parent under section 260C.201, subdivision 11.  If paternity has~~ 
 49.10  ~~not already been established, it may be established in the same~~ 
 49.11  ~~proceeding in the manner provided for under this chapter.~~ 
 49.12     ~~The responsible social services agency may be relieved of~~ 
 49.13  ~~the requirement to locate and offer services to both parents by~~ 
 49.14  ~~the juvenile court upon a finding of good cause after the filing~~ 
 49.15  ~~of a petition under section 260B.141 or 260C.141~~. 
 49.16     ~~(e) For the purposes of this section, a case~~ An out-of-home 
 49.17  placement plan means a written document ~~which is ordered by the~~ 
 49.18  ~~court or~~ which is prepared by the responsible social services 
 49.19  agency ~~responsible for the residential facility placement and is~~ 
 49.20  jointly with the parent or parents or guardian of the child and 
 49.21  in consultation with the child's guardian ad litem, the child's 
 49.22  tribe, if the child is an Indian child, the child's foster 
 49.23  parent or representative of the residential facility, and, where 
 49.24  appropriate, the child.  As appropriate, the plan shall be: 
 49.25     (1) submitted to the court for approval under section 
 49.26  260C.178, subdivision 7; 
 49.27     (2) ordered by the court, either as presented or modified 
 49.28  after hearing, under section 260C.178, subdivision 7, or 
 49.29  260C.201, subdivision 6; and 
 49.30     (3) signed by the parent or parents~~,~~ or ~~other~~ 
 49.31  ~~custodian,~~ guardian of the child, the child's ~~legal~~ guardian ad 
 49.32  litem, a representative of the child's tribe, the responsible 
 49.33  social services agency ~~responsible for the residential facility~~ 
 49.34  ~~placement~~, and, if possible, the child.  
 49.35     (c) The ~~document~~ out-of-home placement plan shall be 
 49.36  explained to all persons involved in its implementation, 
 50.1   including the child who has signed the ~~document~~ plan, and shall 
 50.2   set forth: 
 50.3      (1) a description of the residential facility including how 
 50.4   the out-of-home placement plan is designed to achieve a safe 
 50.5   placement for the child in the least restrictive, most 
 50.6   family-like, setting available which is in close proximity to 
 50.7   the home of the parent or parents or guardian of the child when 
 50.8   the case plan goal is reunification, and how the placement is 
 50.9   consistent with the best interests and special needs of the 
 50.10  child according to the factors under subdivision 2, paragraph 
 50.11  (b); 
 50.12     (2) the specific reasons for the placement of the child in 
 50.13  a residential facility, ~~including~~ and when reunification is the 
 50.14  plan, a description of the problems or conditions in the home of 
 50.15  the parent or parents which necessitated removal of the child 
 50.16  from home and the changes the parent or parents must make in 
 50.17  order for the child to safely return home; 
 50.18     ~~(2)~~ (3) a description of the services offered and provided 
 50.19  to prevent removal of the child from the home and to reunify the 
 50.20  family including: 
 50.21     (i) the specific actions to be taken by the parent or 
 50.22  parents of the child to eliminate or correct the problems or 
 50.23  conditions identified in clause ~~(1)~~ (2), and the time period 
 50.24  during which the actions are to be taken; and 
 50.25     (ii) the reasonable efforts, or in the case of an Indian 
 50.26  child, active efforts to be made to achieve a safe and stable 
 50.27  home for the child including social and other supportive 
 50.28  services to be provided or offered to the parent or parents or 
 50.29  guardian of the child, the child, and the residential facility 
 50.30  during the period the child is in the residential facility; 
 50.31     ~~(3) The financial responsibilities and obligations, if any,~~ 
 50.32  ~~of the parents for the support of the child during the period~~ 
 50.33  ~~the child is in the residential facility;~~ 
 50.34     (4) a description of any services or resources that were 
 50.35  requested by the child or the child's parent, guardian, foster 
 50.36  parent, or custodian since the date of the child's placement in 
 51.1   the residential facility, and whether those services or 
 51.2   resources were provided and if not, the basis for the denial of 
 51.3   the services or resources; 
 51.4      (5) the visitation ~~rights and obligations of~~ plan for the 
 51.5   parent or parents or guardian, other relatives as defined in 
 51.6   section ~~260C.193~~ 260C.007, subdivision 14, and siblings of the 
 51.7   child if the siblings are not placed together in the residential 
 51.8   facility, ~~if such~~ and whether visitation is consistent with the 
 51.9   best interest of the child, during the period the child is in 
 51.10  the residential facility; 
 51.11     ~~(5) The social and other supportive services to be provided~~ 
 51.12  ~~to the parent or parents of the child, the child, and the~~ 
 51.13  ~~residential facility during the period the child is in the~~ 
 51.14  ~~residential facility;~~ 
 51.15     ~~(6) the date on which the child is expected to be returned~~ 
 51.16  ~~to and safely maintained in the home of the parent or parents or~~ 
 51.17  ~~placed for adoption or otherwise permanently removed from the~~ 
 51.18  ~~care of the parent by court order;~~ 
 51.19     ~~(7) the nature of the effort to be made by the social~~ 
 51.20  ~~services agency responsible for the placement to reunite the~~ 
 51.21  ~~family;~~ 
 51.22     ~~(8) notice to the parent or parents:~~ 
 51.23     ~~(i) that placement of the child in foster care may result~~ 
 51.24  ~~in termination of parental rights but only after notice and a~~ 
 51.25  ~~hearing as provided in chapter 260; and~~ 
 51.26     ~~(ii) in cases where the agency has determined that both~~ 
 51.27  ~~reasonable efforts to reunify the child with the parents, and~~ 
 51.28  ~~reasonable efforts to place the child in a permanent home away~~ 
 51.29  ~~from the parent that may become legally permanent are~~ 
 51.30  ~~appropriate, notice of:~~ 
 51.31     ~~(A) time limits on the length of placement and of~~ 
 51.32  ~~reunification services;~~ 
 51.33     ~~(B) the nature of the services available to the parent;~~ 
 51.34     ~~(C) the consequences to the parent and the child if the~~ 
 51.35  ~~parent fails or is unable to use services to correct the~~ 
 51.36  ~~circumstances that led to the child's placement;~~ 
 52.1      ~~(D) the first consideration for relative placement; and~~ 
 52.2      ~~(E) the benefit to the child in getting the child out of~~ 
 52.3   ~~residential care as soon as possible, preferably by returning~~ 
 52.4   ~~the child home, but if that is not possible, through a permanent~~ 
 52.5   ~~legal placement of the child away from the parent;~~ 
 52.6      ~~(9) a permanency hearing under section 260C.201,~~ 
 52.7   ~~subdivision 11, or a termination of parental rights hearing~~ 
 52.8   ~~under sections 260C.301 to 260C.328, where the agency asks the~~ 
 52.9   ~~court to find that the child should be permanently placed away~~ 
 52.10  ~~from the parent and includes documentation of the steps taken by~~ 
 52.11  ~~the responsible social services agency to find an adoptive~~ 
 52.12  ~~family or other permanent legal placement for the child, to~~ 
 52.13  ~~place the child with an adoptive family, a fit and willing~~ 
 52.14  ~~relative through an award of permanent legal and physical~~ 
 52.15  ~~custody, or in another planned and permanent legal placement.~~  
 52.16  ~~The documentation must include child specific recruitment~~ 
 52.17  ~~efforts; and~~ 
 52.18     ~~(10)~~ (6) documentation of steps to finalize the adoption or 
 52.19  legal guardianship of the child if the court has issued an order 
 52.20  terminating the rights of both parents of the child or of the 
 52.21  only known, living parent of the child, ~~documentation of steps~~ 
 52.22  ~~to finalize the adoption or legal guardianship of the child.~~ and 
 52.23  a copy of this documentation shall be provided to the court in 
 52.24  the review required under section 260C.317, subdivision 3, 
 52.25  paragraph (b); 
 52.26     (7) to the extent available and accessible, the health and 
 52.27  educational records of the child including: 
 52.28     (i) the names and addresses of the child's health and 
 52.29  educational providers; 
 52.30     (ii) the child's grade level performance; 
 52.31     (iii) the child's school record; 
 52.32     (iv) assurances that the child's placement in foster care 
 52.33  takes into account proximity to the school in which the child is 
 52.34  enrolled at the time of placement; 
 52.35     (v) a record of the child's immunizations; 
 52.36     (vi) the child's known medical problems; 
 53.1      (vii) the child's medications; and 
 53.2      (viii) any other relevant health and education information; 
 53.3   and 
 53.4      (8) an independent living plan for a child age 16 or older 
 53.5   who is in placement as a result of a permanency disposition.  
 53.6   The plan should include, but not be limited to, the following 
 53.7   objectives: 
 53.8      (i) educational, vocational, or employment planning; 
 53.9      (ii) health care planning and medical coverage; 
 53.10     (iii) transportation including, where appropriate, 
 53.11  assisting the child in obtaining a driver's license; 
 53.12     (iv) money management; 
 53.13     (v) planning for housing; 
 53.14     (vi) social and recreational skills; and 
 53.15     (vii) establishing and maintaining connections with the 
 53.16  child's family and community. 
 53.17     ~~(f)~~ (d) The parent or parents or guardian and the child 
 53.18  each shall have the right to legal counsel in the preparation of 
 53.19  the case plan and shall be informed of the right at the time of 
 53.20  placement of the child.  The child shall also have the right to 
 53.21  a guardian ad litem.  If unable to employ counsel from their own 
 53.22  resources, the court shall appoint counsel upon the request of 
 53.23  the parent or parents or the child or the child's legal 
 53.24  guardian.  The parent or parents may also receive assistance 
 53.25  from any person or social services agency in preparation of the 
 53.26  case plan. 
 53.27     After the plan has been agreed upon by the parties involved 
 53.28  or approved or ordered by the court, the foster parents shall be 
 53.29  fully informed of the provisions of the case plan and shall be 
 53.30  provided a copy of the plan. 
 53.31     ~~(g) When an agency accepts a child for placement, the~~ 
 53.32  ~~agency shall determine whether the child has had a physical~~ 
 53.33  ~~examination by or under the direction of a licensed physician~~ 
 53.34  ~~within the 12 months immediately preceding the date when the~~ 
 53.35  ~~child came into the agency's care.  If there is documentation~~ 
 53.36  ~~that the child has had such an examination within the last 12~~ 
 54.1   ~~months, the agency is responsible for seeing that the child has~~ 
 54.2   ~~another physical examination within one year of the documented~~ 
 54.3   ~~examination and annually in subsequent years.  If the agency~~ 
 54.4   ~~determines that the child has not had a physical examination~~ 
 54.5   ~~within the 12 months immediately preceding placement, the agency~~ 
 54.6   ~~shall ensure that the child has the examination within 30 days~~ 
 54.7   ~~of coming into the agency's care and once a year in subsequent~~ 
 54.8   ~~years.~~  
 54.9      Sec. 26.  Minnesota Statutes 2000, section 260C.212, 
 54.10  subdivision 2, is amended to read: 
 54.11     Subd. 2.  [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 
 54.12  THE CHILD.] (a) The policy of the state of Minnesota is to 
 54.13  ensure that the child's best interests are met by 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 
 54.19  considering placement with relatives and important friends 
 54.20  ~~consistent with section 260C.193, subdivision 3.~~ in the 
 54.21  following order: 
 54.22     (1) with an individual who is related to the child by 
 54.23  blood, marriage, or adoption; or 
 54.24     (2) with an individual who is an important friend with whom 
 54.25  the child has resided or had significant contact. 
 54.26     (b) Among the factors the agency shall consider in 
 54.27  determining the needs of the child are ~~those specified under~~ 
 54.28  ~~section 260C.193, subdivision 3, paragraph (b)~~ the following: 
 54.29     (1) the child's current functioning and behaviors; 
 54.30     (2) the medical, educational, and developmental needs of 
 54.31  the child; 
 54.32     (3) the child's history and past experience; 
 54.33     (4) the child's religious and cultural needs; 
 54.34     (5) the child's connection with a community, school, and 
 54.35  church; 
 54.36     (6) the child's interests and talents; 
 55.1      (7) the child's relationship to current caretakers, 
 55.2   parents, siblings, and relatives; and 
 55.3      (8) the reasonable preference of the child, if the court, 
 55.4   or the child-placing agency in the case of a voluntary 
 55.5   placement, deems the child to be of sufficient age to express 
 55.6   preferences. 
 55.7      (c) Placement of a child cannot be delayed or denied based 
 55.8   on race, color, or national origin of the foster parent or the 
 55.9   child. 
 55.10     (d) Siblings should be placed together for foster care and 
 55.11  adoption at the earliest possible time unless it is determined 
 55.12  not to be in the best interests of a sibling or unless it is not 
 55.13  possible after appropriate efforts by the responsible social 
 55.14  services agency.  
 55.15     Sec. 27.  Minnesota Statutes 2000, section 260C.212, 
 55.16  subdivision 4, is amended to read: 
 55.17     Subd. 4.  [~~NOTICE BEFORE VOLUNTARY PLACEMENT~~ RESPONSIBLE 
 55.18  SOCIAL SERVICE AGENCY'S DUTIES FOR CHILDREN IN PLACEMENT.] (a) 
 55.19  When a child is in placement, the responsible social services 
 55.20  agency shall make diligent efforts to identify, locate, and, 
 55.21  where appropriate, offer services to both parents of the child. 
 55.22     (1) If a noncustodial or nonadjudicated parent is willing 
 55.23  and capable of providing for the day-to-day care of the child, 
 55.24  the responsible social services agency may seek authority from 
 55.25  the custodial parent or the court to have that parent assume 
 55.26  day-to-day care of the child.  If a parent is not an adjudicated 
 55.27  parent, the responsible social services agency shall require the 
 55.28  nonadjudicated parent to cooperate with paternity establishment 
 55.29  procedures as part of the case plan. 
 55.30     (2) If, after assessment, the responsible social services 
 55.31  agency determines that the child cannot be in the day-to-day 
 55.32  care of either parent, the agency shall prepare an out-of-home 
 55.33  placement plan addressing the conditions that each parent must 
 55.34  meet before the child can be in that parent's day-to-day care. 
 55.35     (3) If, after the provision of services following an 
 55.36  out-of-home placement plan under this section, the child cannot 
 56.1   return to the care of the parent from whom the child was removed 
 56.2   or who had legal custody at the time the child was placed in 
 56.3   foster care, the agency may petition on behalf of a noncustodial 
 56.4   parent to establish legal custody with that parent under section 
 56.5   260C.201, subdivision 11.  If paternity has not already been 
 56.6   established, it may be established in the same proceeding in the 
 56.7   manner provided for under chapter 257. 
 56.8      (4) The responsible social services agency may be relieved 
 56.9   of the requirement to locate and offer services to both parents 
 56.10  by the juvenile court upon a finding of good cause after the 
 56.11  filing of a petition under section 260C.141. 
 56.12     (b) The responsible social services agency shall give 
 56.13  notice to the parent or parents or guardian of each child in a 
 56.14  residential facility, other than a child in placement due solely 
 56.15  to that child's developmental disability or emotional 
 56.16  disturbance, of the following information: 
 56.17     (1) that residential care of the child may result in 
 56.18  termination of parental rights or an order permanently placing 
 56.19  the child out of the custody of the parent, but only after 
 56.20  notice and a hearing as required under chapter 260C and the 
 56.21  juvenile court rules; 
 56.22     (2) time limits on the length of placement and of 
 56.23  reunification services, including the date on which the child is 
 56.24  expected to be returned to and safely maintained in the home of 
 56.25  the parent or parents or placed for adoption or otherwise 
 56.26  permanently removed from the care of the parent by court order; 
 56.27     (3) the nature of the services available to the parent; 
 56.28     (4) the consequences to the parent and the child if the 
 56.29  parent fails or is unable to use services to correct the 
 56.30  circumstances that led to the child's placement; 
 56.31     (5) the first consideration for placement with relatives; 
 56.32     (6) the benefit to the child in getting the child out of 
 56.33  residential care as soon as possible, preferably by returning 
 56.34  the child home, but if that is not possible, through a permanent 
 56.35  legal placement of the child away from the parent; 
 56.36     (7) when safe for the child, the benefits to the child and 
 57.1   the parent of maintaining visitation with the child as soon as 
 57.2   possible in the course of the case and, in any event, according 
 57.3   to the visitation plan under this section; and 
 57.4      (8) the financial responsibilities and obligations, if any, 
 57.5   of the parent or parents for the support of the child during the 
 57.6   period the child is in the residential facility. 
 57.7      (c) The ~~local~~ responsible social services agency shall 
 57.8   inform a parent considering voluntary placement of a child who 
 57.9   is not developmentally disabled or emotionally 
 57.10  ~~handicapped~~ disturbed of the following information: 
 57.11     (1) the parent and the child each has a right to separate 
 57.12  legal counsel before signing a voluntary placement agreement, 
 57.13  but not to counsel appointed at public expense; 
 57.14     (2) the parent is not required to agree to the voluntary 
 57.15  placement, and a parent who enters a voluntary placement 
 57.16  agreement may at any time request that the agency return the 
 57.17  child.  If the parent so requests, the child must be returned 
 57.18  within 24 hours of the receipt of the request; 
 57.19     (3) evidence gathered during the time the child is 
 57.20  voluntarily placed may be used at a later time as the basis for 
 57.21  a petition alleging that the child is in need of protection or 
 57.22  services or as the basis for a petition seeking termination of 
 57.23  parental rights or other permanent placement of the child away 
 57.24  from the parent; 
 57.25     (4) if the ~~local~~ responsible social services agency files a 
 57.26  petition alleging that the child is in need of protection or 
 57.27  services or a petition seeking the termination of parental 
 57.28  rights or other permanent placement of the child away from the 
 57.29  parent, the parent would have the right to appointment of 
 57.30  separate legal counsel and the child would have a right to the 
 57.31  appointment of counsel and a guardian ad litem as provided by 
 57.32  law, and that counsel will be appointed at public expense if 
 57.33  they are unable to afford counsel; and 
 57.34     (5) the timelines and procedures for review of voluntary 
 57.35  placements under subdivision 3, and the effect the time spent in 
 57.36  voluntary placement on the scheduling of a permanent placement 
 58.1   determination hearing under section 260C.201, subdivision 11.  
 58.2      (d) When an agency accepts a child for placement, the 
 58.3   agency shall determine whether the child has had a physical 
 58.4   examination by or under the direction of a licensed physician 
 58.5   within the 12 months immediately preceding the date when the 
 58.6   child came into the agency's care.  If there is documentation 
 58.7   that the child has had an examination within the last 12 months, 
 58.8   the agency is responsible for seeing that the child has another 
 58.9   physical examination within one year of the documented 
 58.10  examination and annually in subsequent years.  If the agency 
 58.11  determines that the child has not had a physical examination 
 58.12  within the 12 months immediately preceding placement, the agency 
 58.13  shall ensure that the child has an examination within 30 days of 
 58.14  coming into the agency's care and once a year in subsequent 
 58.15  years. 
 58.16     Sec. 28.  Minnesota Statutes 2000, section 260C.212, 
 58.17  subdivision 5, is amended to read: 
 58.18     Subd. 5.  [RELATIVE SEARCH; NATURE.] (a) In implementing 
 58.19  the requirement that the responsible social services agency must 
 58.20  consider placement with a relative under subdivision 2 as soon 
 58.21  as possible~~, but in any event within six months after a child is~~ 
 58.22  ~~initially placed in a residential facility~~ after identifying the 
 58.23  need for placement of the child in foster care, the ~~local~~ 
 58.24  responsible social services agency shall identify ~~any~~ relatives 
 58.25  of the child and notify them of the need for a foster care home 
 58.26  for the child and of the possibility of the need for a permanent 
 58.27  out-of-home placement of the child.  The relative search 
 58.28  required by this section shall be reasonable in scope and may 
 58.29  last up to six months or until a fit and willing relative is 
 58.30  identified.  Relatives should ~~also~~ be notified that a decision 
 58.31  not to be a placement resource at the beginning of the case may 
 58.32  affect the relative being considered for placement of the child 
 58.33  with that relative later.  The relatives must be notified that 
 58.34  they must keep the ~~local~~ responsible social services agency 
 58.35  informed of their current address in order to receive notice 
 58.36  that a permanent placement is being sought for the child.  A 
 59.1   relative who fails to provide a current address to the ~~local~~ 
 59.2   responsible social services agency forfeits the right to notice 
 59.3   of the possibility of permanent placement.  ~~If the child's~~ 
 59.4   ~~parent refuses to give the responsible social services agency~~ 
 59.5   ~~information sufficient to identify relatives of the child, the~~ 
 59.6   ~~agency shall determine whether the parent's refusal is in the~~ 
 59.7   ~~child's best interests.  If the agency determines the parent's~~ 
 59.8   ~~refusal is not in the child's best interests, the agency shall~~ 
 59.9   ~~file a petition under section 260B.141 or 260C.141, and shall~~ 
 59.10  ~~ask the juvenile court to order the parent to provide the~~ 
 59.11  ~~necessary information.~~ 
 59.12     (b) A responsible social services agency may disclose 
 59.13  private or confidential data, as defined in section 13.02, to 
 59.14  relatives of the child for the purpose of locating a suitable 
 59.15  placement.  The agency shall disclose only data that is 
 59.16  necessary to facilitate possible placement with relatives.  If 
 59.17  the child's parent refuses to give the responsible social 
 59.18  services agency information sufficient to identify relatives of 
 59.19  the child, the agency shall determine whether the parent's 
 59.20  refusal is in the child's best interests.  If the agency 
 59.21  determines the parent's refusal is not in the child's best 
 59.22  interests, the agency shall file a petition under section 
 59.23  260C.141, and shall ask the juvenile court to order the parent 
 59.24  to provide the necessary information.  If a parent makes an 
 59.25  explicit request that relatives or a specific relative not be 
 59.26  contacted or considered for placement, the agency shall bring 
 59.27  the parent's request to the attention of the court to determine 
 59.28  whether the parent's request is consistent with the best 
 59.29  interests of the child and the agency shall not contact 
 59.30  relatives or a specific relative unless authorized to do so by 
 59.31  the juvenile court. 
 59.32     (c) When the placing agency determines that a permanent 
 59.33  placement hearing is necessary because there is a likelihood 
 59.34  that the child will not return to a parent's care, the agency 
 59.35  may send the notice provided in paragraph (d), or may ask the 
 59.36  court to modify the requirements of the agency under this 
 60.1   paragraph, or may ask the court to completely relieve the agency 
 60.2   of the requirements of this paragraph.  The relative 
 60.3   notification requirements of this paragraph do not apply when 
 60.4   the child is placed with an appropriate relative or a foster 
 60.5   home that has committed to being the permanent legal placement 
 60.6   for the child and the agency approves of that foster home for 
 60.7   permanent placement of the child.  The actions ordered by the 
 60.8   court under this section must be consistent with the best 
 60.9   interests, safety, and welfare of the child. 
 60.10     (d) Unless required under the Indian Child Welfare Act or 
 60.11  relieved of this duty by the court ~~because the child is placed~~ 
 60.12  ~~with an appropriate relative who wishes to provide a permanent~~ 
 60.13  ~~home for the child or the child is placed with a foster home~~ 
 60.14  ~~that has committed to being the permanent legal placement for~~ 
 60.15  ~~the child and the responsible social services agency approves of~~ 
 60.16  ~~that foster home for permanent placement of the child~~ under 
 60.17  paragraph (c), when the agency determines that it is necessary 
 60.18  to prepare for the permanent placement determination hearing, or 
 60.19  in anticipation of filing a termination of parental rights 
 60.20  petition, the agency shall send notice to the relatives, any 
 60.21  adult with whom the child is currently residing, any adult with 
 60.22  whom the child has resided for one year or longer in the past, 
 60.23  and any adults who have maintained a relationship or exercised 
 60.24  visitation with the child as identified in the agency case 
 60.25  plan.  The notice must state that a permanent home is sought for 
 60.26  the child and that the individuals receiving the notice may 
 60.27  indicate to the agency their interest in providing a permanent 
 60.28  home.  The notice must state that within 30 days of receipt of 
 60.29  the notice an individual receiving the notice must indicate to 
 60.30  the agency the individual's interest in providing a permanent 
 60.31  home for the child or that the individual may lose the 
 60.32  opportunity to be considered for a permanent placement.  ~~This~~ 
 60.33  ~~notice need not be sent if the child is placed with an~~ 
 60.34  ~~appropriate relative who wishes to provide a permanent home for~~ 
 60.35  ~~the child.~~  
 60.36     Sec. 29.  Minnesota Statutes 2000, section 260C.212, 
 61.1   subdivision 7, is amended to read: 
 61.2      Subd. 7.  [~~SIX-MONTH~~ ADMINISTRATIVE OR COURT REVIEW OF 
 61.3   PLACEMENTS.] (a) There shall be an administrative review of 
 61.4   the ~~case~~ out-of-home placement plan of each child placed in a 
 61.5   residential facility no later than 180 days after the initial 
 61.6   placement of the child in a residential facility and at least 
 61.7   every six months thereafter if the child is not returned to the 
 61.8   home of the parent or parents within that time.  The ~~case~~ 
 61.9   out-of-home placement plan must be monitored and updated at each 
 61.10  administrative review.  As an alternative to the administrative 
 61.11  review, the social services agency responsible for the placement 
 61.12  may bring a petition as provided in section 260C.141, 
 61.13  subdivision 2, to the court for review of the foster care to 
 61.14  determine if placement is in the best interests of the child.  
 61.15  This petition must be brought to the court in order for a court 
 61.16  determination to be made regarding the best interests of the 
 61.17  child within the applicable six months and is not in lieu of the 
 61.18  requirements contained in subdivision 3 or 4.  A court review 
 61.19  conducted pursuant to section 260C.201, subdivision 11, or 
 61.20  section 260C.141, subdivision 2, shall satisfy the requirement 
 61.21  for an administrative review so long as the other requirements 
 61.22  of this section are met.  
 61.23     (b) At the review required under paragraph (a), the 
 61.24  reviewing administrative body or the court shall review: 
 61.25     (1) the safety of the child; 
 61.26     (2) the continuing necessity for and appropriateness of the 
 61.27  placement; 
 61.28     (3) the extent of compliance with the out-of-home placement 
 61.29  plan; 
 61.30     (4) where appropriate, the extent of progress which has 
 61.31  been made toward alleviating or mitigating the causes 
 61.32  necessitating placement in a residential facility; 
 61.33     (5) where appropriate, the projected date by which the 
 61.34  child may be returned to and safely maintained in the home or 
 61.35  placed permanently away from the care of the parent or parents 
 61.36  or guardian; and 
 62.1      (6) the appropriateness of the services provided to the 
 62.2   child. 
 62.3      Sec. 30.  Minnesota Statutes 2000, section 260C.212, 
 62.4   subdivision 8, is amended to read: 
 62.5      Subd. 8.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except ~~as~~ 
 62.6   ~~provided in subdivision 4~~ for a child in placement due solely to 
 62.7   the child's developmental disability or emotional disturbance, 
 62.8   if the child has been placed in a residential facility pursuant 
 62.9   to a voluntary release by the parent or parents, and is not 
 62.10  returned home within 90 days after initial placement in the 
 62.11  residential facility, the social services agency responsible for 
 62.12  the placement shall: 
 62.13     (1) return the child to the home of the parent or parents; 
 62.14  or 
 62.15     (2) file a petition according to section ~~260B.141,~~ 
 62.16  ~~subdivision 1, or~~ 260C.141, subdivision 1 or 2, which may: 
 62.17     (i) ask the court to review the placement and approve it 
 62.18  for up to an additional 90 days; 
 62.19     (ii) ask the court to order continued out-of-home placement 
 62.20  according to sections ~~260B.178,~~ 260C.178~~,~~ and 260C.201; or 
 62.21     (iii) ask the court to terminate parental rights under 
 62.22  section 260C.301. 
 62.23     The ~~case~~ out-of-home placement plan must be updated ~~when a~~ 
 62.24  ~~petition is filed and must include a specific plan for~~ 
 62.25  ~~permanency, which may include a time line for returning the~~ 
 62.26  ~~child home or a plan for permanent placement of the child away~~ 
 62.27  ~~from the parent, or both~~ and filed along with the petition.  
 62.28     If the court approves continued out-of-home placement for 
 62.29  up to 90 more days, at the end of the court-approved 90-day 
 62.30  period, the child must be returned to the parent's home.  If the 
 62.31  child is not returned home, the responsible social services 
 62.32  agency must proceed on the petition filed alleging the child in 
 62.33  need of protection or services or the petition for termination 
 62.34  of parental rights or other permanent placement of the child 
 62.35  away from the parent.  The court must find a statutory basis to 
 62.36  order the placement of the child under section ~~260B.178;~~ 
 63.1   260C.178; 260C.201; or 260C.317. 
 63.2      Sec. 31.  Minnesota Statutes 2000, section 260C.212, 
 63.3   subdivision 9, is amended to read: 
 63.4      Subd. 9.  [REVIEW OF ~~DEVELOPMENTALLY DISABLED AND~~ 
 63.5   ~~EMOTIONALLY HANDICAPPED~~ CERTAIN CHILD PLACEMENTS.] (a) If a 
 63.6   developmentally disabled child~~, as that term is defined in~~ 
 63.7   ~~United States Code, title 42, section 6001(7), as amended~~ 
 63.8   ~~through December 31, 1979,~~ or a child diagnosed ~~with an~~ 
 63.9   ~~emotional handicap as defined in section 252.27, subdivision 1a,~~ 
 63.10  as emotionally disturbed has been placed in a residential 
 63.11  facility pursuant to a voluntary release by the child's parent 
 63.12  or parents because of the child's handicapping conditions or 
 63.13  need for long-term residential treatment or supervision, the 
 63.14  social services agency responsible for the placement 
 63.15  shall report to the court and bring a petition for review of the 
 63.16  child's foster care status~~, pursuant to section 260C.141,~~ 
 63.17  ~~subdivision 2, after the child has been in placement for six~~ 
 63.18  ~~months~~ as required in section 260C.141, subdivision 2, paragraph 
 63.19  (b). 
 63.20     (b) If a child is in placement due solely to the 
 63.21  child's ~~handicapping condition and~~ developmental disability or 
 63.22  emotional disturbance, and the court finds compelling reasons 
 63.23  not to proceed under section 260C.201, subdivision 11, custody 
 63.24  of the child is not transferred to the responsible social 
 63.25  services agency under section 260C.201, subdivision 1, paragraph 
 63.26  (a), clause (2), and no petition is required by section 
 63.27  260C.201, subdivision 11.  
 63.28     (c) Whenever a petition for review is brought pursuant to 
 63.29  this subdivision, a guardian ad litem shall be appointed for the 
 63.30  child.  
 63.31     Sec. 32.  Minnesota Statutes 2000, section 260C.215, 
 63.32  subdivision 6, is amended to read: 
 63.33     Subd. 6.  [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each 
 63.34  authorized child-placing agency must: 
 63.35     (1) develop and follow procedures for implementing the 
 63.36  requirements of section 260C.193, subdivision 3, and the Indian 
 64.1   Child Welfare Act, United States Code, title 25, sections 1901 
 64.2   to 1923; 
 64.3      (2) have a written plan for recruiting adoptive and foster 
 64.4   families that reflect the ethnic and racial diversity of 
 64.5   children who are in need of foster and adoptive homes.  The plan 
 64.6   must include (i) strategies for using existing resources in 
 64.7   diverse communities, (ii) use of diverse outreach staff wherever 
 64.8   possible, (iii) use of diverse foster homes for placements after 
 64.9   birth and before adoption, and (iv) other techniques as 
 64.10  appropriate; 
 64.11     (3) have a written plan for training adoptive and foster 
 64.12  families; 
 64.13     (4) have a written plan for employing staff in adoption and 
 64.14  foster care who have the capacity to assess the foster and 
 64.15  adoptive parents' ability to understand and validate a child's 
 64.16  cultural needs, and to advance the best interests of the child.  
 64.17  The plan must include staffing goals and objectives; 
 64.18     (5) ensure that adoption and foster care workers attend 
 64.19  training offered or approved by the department of human services 
 64.20  regarding cultural diversity and the needs of special needs 
 64.21  children; and 
 64.22     (6) develop and implement procedures for implementing the 
 64.23  requirements of the Indian Child Welfare Act and the Minnesota 
 64.24  Indian Family Preservation Act. 
 64.25     (b) ~~In implementing the requirement to consider relatives~~ 
 64.26  ~~for placement, an authorized child-placing agency may disclose~~ 
 64.27  ~~private or confidential data, as defined in section 13.02, to~~ 
 64.28  ~~relatives of the child for the purpose of locating a suitable~~ 
 64.29  ~~placement.  The agency shall disclose only data that is~~ 
 64.30  ~~necessary to facilitate implementing the preference.  If a~~ 
 64.31  ~~parent makes an explicit request that the relative preference~~ 
 64.32  ~~not be followed, the agency shall bring the matter to the~~ 
 64.33  ~~attention of the court to determine whether the parent's request~~ 
 64.34  ~~is consistent with the best interests of the child and the~~ 
 64.35  ~~agency shall not contact relatives unless ordered to do so by~~ 
 64.36  ~~the juvenile court; and~~ 
 65.1      ~~(c)~~ In determining the suitability of a proposed placement 
 65.2   of an Indian child, the standards to be applied must be the 
 65.3   prevailing social and cultural standards of the Indian child's 
 65.4   community, and the agency shall defer to tribal judgment as to 
 65.5   suitability of a particular home when the tribe has intervened 
 65.6   pursuant to the Indian Child Welfare Act.  
 65.7      Sec. 33.  Minnesota Statutes 2000, section 260C.301, 
 65.8   subdivision 1, is amended to read: 
 65.9      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 65.10  court may upon petition, terminate all rights of a parent to a 
 65.11  child: 
 65.12     (a) with the written consent of a parent who for good cause 
 65.13  desires to terminate parental rights; or 
 65.14     (b) if it finds that one or more of the following 
 65.15  conditions exist: 
 65.16     (1) that the parent has abandoned the child; 
 65.17     (2) that the parent has substantially, continuously, or 
 65.18  repeatedly refused or neglected to comply with the duties 
 65.19  imposed upon that parent by the parent and child relationship, 
 65.20  including but not limited to providing the child with necessary 
 65.21  food, clothing, shelter, education, and other care and control 
 65.22  necessary for the child's physical, mental, or emotional health 
 65.23  and development, if the parent is physically and financially 
 65.24  able, and either reasonable efforts by the social services 
 65.25  agency have failed to correct the conditions that formed the 
 65.26  basis of the petition or reasonable efforts would be futile and 
 65.27  therefore unreasonable; 
 65.28     (3) that a parent has been ordered to contribute to the 
 65.29  support of the child or financially aid in the child's birth and 
 65.30  has continuously failed to do so without good cause.  This 
 65.31  clause shall not be construed to state a grounds for termination 
 65.32  of parental rights of a noncustodial parent if that parent has 
 65.33  not been ordered to or cannot financially contribute to the 
 65.34  support of the child or aid in the child's birth; 
 65.35     (4) that a parent is palpably unfit to be a party to the 
 65.36  parent and child relationship because of a consistent pattern of 
 66.1   specific conduct before the child or of specific conditions 
 66.2   directly relating to the parent and child relationship either of 
 66.3   which are determined by the court to be of a duration or nature 
 66.4   that renders the parent unable, for the reasonably foreseeable 
 66.5   future, to care appropriately for the ongoing physical, mental, 
 66.6   or emotional needs of the child.  It is presumed that a parent 
 66.7   is palpably unfit to be a party to the parent and child 
 66.8   relationship upon a showing that the parent's parental rights to 
 66.9   one or more other children were involuntarily terminated or that 
 66.10  the parent's custodial rights to another child have been 
 66.11  involuntarily transferred to a relative under section 260C.201, 
 66.12  subdivision 11, paragraph (e), clause (1), or a similar law of 
 66.13  another jurisdiction; 
 66.14     (5) that following the child's placement out of the home, 
 66.15  reasonable efforts, under the direction of the court, have 
 66.16  failed to correct the conditions leading to the child's 
 66.17  placement.  It is presumed that reasonable efforts under this 
 66.18  clause have failed upon a showing that: 
 66.19     (i) a child has resided out of the parental home under 
 66.20  court order for a cumulative period of 12 months within the 
 66.21  preceding 22 months.  In the case of a child under age eight at 
 66.22  the time the petition was filed alleging the child to be in need 
 66.23  of protection or services, the presumption arises when the child 
 66.24  has resided out of the parental home under court order for six 
 66.25  months unless the parent has maintained regular contact with the 
 66.26  child and the parent is complying with the ~~case~~ out-of-home 
 66.27  placement plan; 
 66.28     (ii) the court has approved ~~a case~~ the out-of-home 
 66.29  placement plan required under section 260C.212 and filed with 
 66.30  the court under section 260C.178; 
 66.31     (iii) conditions leading to the out-of-home placement have 
 66.32  not been corrected.  It is presumed that conditions leading to a 
 66.33  child's out-of-home placement have not been corrected upon a 
 66.34  showing that the parent or parents have not substantially 
 66.35  complied with the court's orders and a reasonable case plan; and 
 66.36     (iv) reasonable efforts have been made by the social 
 67.1   services agency to rehabilitate the parent and reunite the 
 67.2   family. 
 67.3      This clause does not prohibit the termination of parental 
 67.4   rights prior to one year, or in the case of a child under age 
 67.5   eight, ~~within~~ prior to six months after a child has been placed 
 67.6   out of the home. 
 67.7      It is also presumed that reasonable efforts have failed 
 67.8   under this clause upon a showing that: 
 67.9      (A) the parent has been diagnosed as chemically dependent 
 67.10  by a professional certified to make the diagnosis; 
 67.11     (B) the parent has been required by a case plan to 
 67.12  participate in a chemical dependency treatment program; 
 67.13     (C) the treatment programs offered to the parent were 
 67.14  culturally, linguistically, and clinically appropriate; 
 67.15     (D) the parent has either failed two or more times to 
 67.16  successfully complete a treatment program or has refused at two 
 67.17  or more separate meetings with a caseworker to participate in a 
 67.18  treatment program; and 
 67.19     (E) the parent continues to abuse chemicals.  
 67.20     (6) that a child has experienced egregious harm in the 
 67.21  parent's care which is of a nature, duration, or chronicity that 
 67.22  indicates a lack of regard for the child's well-being, such that 
 67.23  a reasonable person would believe it contrary to the best 
 67.24  interest of the child or of any child to be in the parent's 
 67.25  care; 
 67.26     (7) that in the case of a child born to a mother who was 
 67.27  not married to the child's father when the child was conceived 
 67.28  nor when the child was born the person is not entitled to notice 
 67.29  of an adoption hearing under section 259.49 and the person has 
 67.30  not registered with the fathers' adoption registry under section 
 67.31  259.52; 
 67.32     (8) that the child is neglected and in foster care; or 
 67.33     (9) that the parent has been convicted of a crime listed in 
 67.34  section 260.012, paragraph (b), clauses (1) to (3). 
 67.35     In an action involving an American Indian child, sections 
 67.36  260.751 to 260.835 and the Indian Child Welfare Act, United 
 68.1   States Code, title 25, sections 1901 to 1923, control to the 
 68.2   extent that the provisions of this section are inconsistent with 
 68.3   those laws.  
 68.4      Sec. 34.  Minnesota Statutes 2000, section 260C.301, 
 68.5   subdivision 3, is amended to read: 
 68.6      Subd. 3.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 
 68.7   The county attorney shall file a termination of parental rights 
 68.8   petition within 30 days of the responsible social services 
 68.9   agency determining that a child has been subjected to egregious 
 68.10  harm as defined in section 260C.007, subdivision 26, is 
 68.11  determined to be the sibling of another child of the parent who 
 68.12  was subjected to egregious harm, or is an abandoned infant as 
 68.13  defined in subdivision 2, paragraph (a), clause (2), or the 
 68.14  parent has lost parental rights to another child through an 
 68.15  order involuntarily terminating the parent's rights, or another 
 68.16  child of the parent is the subject of an order transferring 
 68.17  permanent legal and physical custody of the child to a relative 
 68.18  under section 260C.201, subdivision 11, paragraph (e), clause 
 68.19  (1), or a similar law of another jurisdiction.  The local social 
 68.20  services agency shall concurrently identify, recruit, process, 
 68.21  and approve an adoptive family for the child.  If a termination 
 68.22  of parental rights petition has been filed by another party, the 
 68.23  local social services agency shall be joined as a party to the 
 68.24  petition.  If criminal charges have been filed against a parent 
 68.25  arising out of the conduct alleged to constitute egregious harm, 
 68.26  the county attorney shall determine which matter should proceed 
 68.27  to trial first, consistent with the best interests of the child 
 68.28  and subject to the defendant's right to a speedy trial. 
 68.29     (b) This requirement does not apply if the county attorney 
 68.30  determines and files with the court: 
 68.31     (1) a petition for transfer of permanent legal and physical 
 68.32  custody to a relative under section 260C.201, subdivision 11, 
 68.33  including a determination that the transfer is in the best 
 68.34  interests of the child; or 
 68.35     (2) a petition alleging the child, and where appropriate, 
 68.36  the child's siblings, to be in need of protection or services 
 69.1   accompanied by a case plan prepared by the responsible social 
 69.2   services agency documenting a compelling reason why filing a 
 69.3   termination of parental rights petition would not be in the best 
 69.4   interests of the child. 
 69.5      Sec. 35.  Minnesota Statutes 2000, section 260C.301, 
 69.6   subdivision 4, is amended to read: 
 69.7      Subd. 4.  [CURRENT FOSTER CARE CHILDREN.] Except for cases 
 69.8   where the child is in placement due solely to the child's ~~status~~ 
 69.9   ~~as developmentally delayed under United States Code, title 42,~~ 
 69.10  ~~section 6001(7),~~ developmental disability or ~~emotionally~~ 
 69.11  ~~handicapped under section 252.27, and~~ emotional disturbance, 
 69.12  where custody has not been transferred to the responsible social 
 69.13  services agency, and where the court finds compelling reasons to 
 69.14  continue placement, the county attorney shall file a termination 
 69.15  of parental rights petition or a petition to ~~support another~~ 
 69.16  ~~permanent placement proceeding~~ transfer permanent legal and 
 69.17  physical custody to a relative under section 260C.201, 
 69.18  subdivision 11, for all children who ~~are placed in out-of-home~~ 
 69.19  ~~care for reasons other than care or treatment of the child's~~ 
 69.20  ~~disability, and who are in out-of-home placement on April 21,~~ 
 69.21  ~~1998, and~~ have been in out-of-home care for 15 of the most 
 69.22  recent 22 months.  This requirement does not apply if there is a 
 69.23  compelling reason ~~documented in a case plan filed with~~ approved 
 69.24  by the court for determining that filing a termination of 
 69.25  parental rights petition or other permanency petition would not 
 69.26  be in the best interests of the child or if the responsible 
 69.27  social services agency has not provided reasonable efforts 
 69.28  necessary for the safe return of the child, if reasonable 
 69.29  efforts are required.  
 69.30     Sec. 36.  Minnesota Statutes 2000, section 260C.301, 
 69.31  subdivision 8, is amended to read: 
 69.32     Subd. 8.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 69.33  proceeding under this section, the court shall make specific 
 69.34  findings: 
 69.35     (1) that reasonable efforts to prevent the placement and to 
 69.36  reunify the child and the parent were made including 
 70.1   individualized and explicit findings regarding the nature and 
 70.2   extent of efforts made by the social services agency to 
 70.3   rehabilitate the parent and reunite the family; or 
 70.4      (2) that reasonable efforts at reunification are not 
 70.5   required as provided under section 260.012. 
 70.6      Sec. 37.  Minnesota Statutes 2000, section 260C.312, is 
 70.7   amended to read: 
 70.8      260C.312 [DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.] 
 70.9      (a) If, after a hearing, the court does not terminate 
 70.10  parental rights but determines that the child is in need of 
 70.11  protection or services, or that the child is neglected and in 
 70.12  foster care, the court may find the child is in need of 
 70.13  protection or services or neglected and in foster care and may 
 70.14  enter an order in accordance with the provisions of section 
 70.15  260C.201. 
 70.16     (b) When a child has been in placement 15 of the last 22 
 70.17  months after a trial on a termination of parental rights 
 70.18  petition, if the court finds that the petition is not proven or 
 70.19  that termination of parental rights is not in the child's best 
 70.20  interests, the court must order the child returned to the care 
 70.21  of the parent unless the court finds compelling reasons why the 
 70.22  child should remain out of the care of the parent.  If the court 
 70.23  orders the child returned to the care of the parent, the court 
 70.24  may order protective supervision or monitoring under section 
 70.25  260C.201. 
 70.26     Sec. 38.  Minnesota Statutes 2000, section 260C.317, 
 70.27  subdivision 3, is amended to read: 
 70.28     Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
 70.29  certified copy of the findings and the order terminating 
 70.30  parental rights, and a summary of the court's information 
 70.31  concerning the child shall be furnished by the court to the 
 70.32  commissioner or the agency to which guardianship is 
 70.33  transferred.  The orders shall be on a document separate from 
 70.34  the findings.  The court shall furnish the individual to whom 
 70.35  guardianship is transferred a copy of the order terminating 
 70.36  parental rights. 
 71.1      (b) The court shall retain jurisdiction in a case where 
 71.2   adoption is the intended permanent placement disposition.  The 
 71.3   guardian ad litem and counsel for the child shall continue on 
 71.4   the case until an adoption decree is entered.  A hearing must be 
 71.5   held every 90 days following termination of parental rights for 
 71.6   the court to review progress toward an adoptive placement and 
 71.7   the specific recruitment efforts the agency has taken to find an 
 71.8   adoptive family or other placement living arrangement for the 
 71.9   child and to finalize the adoption or other permanency plan. 
 71.10     (c) When adoption is not the intended disposition, and if 
 71.11  the child continues in out-of-home placement for 12 months after 
 71.12  the court has issued the order terminating parental rights and 
 71.13  at least every 12 months thereafter as long as the child 
 71.14  continues in out-of-home placement, the court shall conduct a 
 71.15  permanency review hearing to determine the future status of the 
 71.16  child including, but not limited to, whether the child should be 
 71.17  continued in out-of-home placement, should be placed for 
 71.18  adoption, or should, because of the child's special needs and 
 71.19  for compelling reasons, be ordered into long-term out-of-home 
 71.20  placement.  
 71.21     (d) The court shall retain jurisdiction in a case where 
 71.22  long-term foster care is the permanent disposition whether under 
 71.23  paragraph (c) or section 260C.201, subdivision 11.  ~~The guardian~~ 
 71.24  ~~ad litem and counsel for the child must be dismissed from the~~ 
 71.25  ~~case on the effective date of the permanent placement order.~~  
 71.26  ~~However, the foster parent and the child, if of sufficient age,~~ 
 71.27  ~~must be informed how they may contact a guardian ad litem if the~~ 
 71.28  ~~matter is subsequently returned to court.~~  All of the review 
 71.29  requirements under section 260C.201, subdivision 11, paragraph 
 71.30  (g), apply.  
 71.31     Sec. 39.  Minnesota Statutes 2000, section 260C.325, 
 71.32  subdivision 4, is amended to read: 
 71.33     Subd. 4.  [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian 
 71.34  appointed under the provisions of this section has legal custody 
 71.35  of a ward unless the court which appoints the guardian gives 
 71.36  legal custody to some other person.  If the court awards custody 
 72.1   to a person other than the guardian, the guardian nonetheless 
 72.2   has the right and responsibility of reasonable visitation, 
 72.3   except as limited by court order.  
 72.4      (b) The guardian may make major decisions affecting the 
 72.5   person of the ward, including but not limited to giving consent 
 72.6   (when consent is legally required) to the marriage, enlistment 
 72.7   in the armed forces, medical, surgical, or psychiatric 
 72.8   treatment, or adoption of the ward.  When, pursuant to this 
 72.9   section, the commissioner of human services is appointed 
 72.10  guardian, the commissioner may delegate to the ~~local~~ responsible 
 72.11  social services agency of the county in which, after the 
 72.12  appointment, the ward resides, the authority to act for the 
 72.13  commissioner in decisions affecting the person of the ward, 
 72.14  including but not limited to giving consent to the marriage, 
 72.15  enlistment in the armed forces, medical, surgical, or 
 72.16  psychiatric treatment of the ward. 
 72.17     (c) A guardianship created under the provisions of this 
 72.18  section shall not of itself include the guardianship of the 
 72.19  estate of the ward.  
 72.20     ~~(d) If the ward is in foster care, the court shall, upon~~ 
 72.21  ~~its own motion or that of the guardian, conduct a dispositional~~ 
 72.22  ~~hearing within 18 months of the child's initial foster care~~ 
 72.23  ~~placement and once every 12 months thereafter to determine the~~ 
 72.24  ~~future status of the ward including, but not limited to, whether~~ 
 72.25  ~~the child should be continued in foster care for a specified~~ 
 72.26  ~~period, should be placed for adoption, or should, because of the~~ 
 72.27  ~~child's special needs or circumstances, be continued in foster~~ 
 72.28  ~~care on a long-term basis.~~  
 72.29     Sec. 40.  Minnesota Statutes 2000, section 626.556, 
 72.30  subdivision 2, is amended to read: 
 72.31     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 72.32  following terms have the meanings given them unless the specific 
 72.33  content indicates otherwise: 
 72.34     (a) "Sexual abuse" means the subjection of a child by a 
 72.35  person responsible for the child's care, by a person who has a 
 72.36  significant relationship to the child, as defined in section 
 73.1   609.341, or by a person in a position of authority, as defined 
 73.2   in section 609.341, subdivision 10, to any act which constitutes 
 73.3   a violation of section 609.342 (criminal sexual conduct in the 
 73.4   first degree), 609.343 (criminal sexual conduct in the second 
 73.5   degree), 609.344 (criminal sexual conduct in the third degree), 
 73.6   609.345 (criminal sexual conduct in the fourth degree), or 
 73.7   609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 73.8   abuse also includes any act which involves a minor which 
 73.9   constitutes a violation of prostitution offenses under sections 
 73.10  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 73.11  sexual abuse.  
 73.12     (b) "Person responsible for the child's care" means (1) an 
 73.13  individual functioning within the family unit and having 
 73.14  responsibilities for the care of the child such as a parent, 
 73.15  guardian, or other person having similar care responsibilities, 
 73.16  or (2) an individual functioning outside the family unit and 
 73.17  having responsibilities for the care of the child such as a 
 73.18  teacher, school administrator, or other lawful custodian of a 
 73.19  child having either full-time or short-term care 
 73.20  responsibilities including, but not limited to, day care, 
 73.21  babysitting whether paid or unpaid, counseling, teaching, and 
 73.22  coaching.  
 73.23     (c) "Neglect" means: 
 73.24     (1) failure by a person responsible for a child's care to 
 73.25  supply a child with necessary food, clothing, shelter, health, 
 73.26  medical, or other care required for the child's physical or 
 73.27  mental health when reasonably able to do so; 
 73.28     (2) failure to protect a child from conditions or actions 
 73.29  which imminently and seriously endanger the child's physical or 
 73.30  mental health when reasonably able to do so; 
 73.31     (3) failure to provide for necessary supervision or child 
 73.32  care arrangements appropriate for a child after considering 
 73.33  factors as the child's age, mental ability, physical condition, 
 73.34  length of absence, or environment, when the child is unable to 
 73.35  care for the child's own basic needs or safety, or the basic 
 73.36  needs or safety of another child in their care; 
 74.1      (4) failure to ensure that the child is educated as defined 
 74.2   in sections 120A.22 and 260C.163, subdivision 11; 
 74.3      (5) nothing in this section shall be construed to mean that 
 74.4   a child is neglected solely because the child's parent, 
 74.5   guardian, or other person responsible for the child's care in 
 74.6   good faith selects and depends upon spiritual means or prayer 
 74.7   for treatment or care of disease or remedial care of the child 
 74.8   in lieu of medical care; except that a parent, guardian, or 
 74.9   caretaker, or a person mandated to report pursuant to 
 74.10  subdivision 3, has a duty to report if a lack of medical care 
 74.11  may cause serious danger to the child's health.  This section 
 74.12  does not impose upon persons, not otherwise legally responsible 
 74.13  for providing a child with necessary food, clothing, shelter, 
 74.14  education, or medical care, a duty to provide that care; 
 74.15     (6) prenatal exposure to a controlled substance, as defined 
 74.16  in section 253B.02, subdivision 2, used by the mother for a 
 74.17  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 74.18  child at birth, results of a toxicology test performed on the 
 74.19  mother at delivery or the child at birth, or medical effects or 
 74.20  developmental delays during the child's first year of life that 
 74.21  medically indicate prenatal exposure to a controlled substance; 
 74.22     (7) "medical neglect" as defined in section 260C.007, 
 74.23  subdivision 4, clause (5); 
 74.24     (8) chronic and severe use of alcohol or a controlled 
 74.25  substance by a parent or person responsible for the care of the 
 74.26  child that adversely affects the child's basic needs and safety; 
 74.27  or 
 74.28     (9) emotional harm from a pattern of behavior which 
 74.29  contributes to impaired emotional functioning of the child which 
 74.30  may be demonstrated by a substantial and observable effect in 
 74.31  the child's behavior, emotional response, or cognition that is 
 74.32  not within the normal range for the child's age and stage of 
 74.33  development, with due regard to the child's culture. 
 74.34     (d) "Physical abuse" means any physical injury, mental 
 74.35  injury, or threatened injury, inflicted by a person responsible 
 74.36  for the child's care on a child other than by accidental means, 
 75.1   or any physical or mental injury that cannot reasonably be 
 75.2   explained by the child's history of injuries, or any aversive 
 75.3   and deprivation procedures that have not been authorized under 
 75.4   section 245.825.  Abuse does not include reasonable and moderate 
 75.5   physical discipline of a child administered by a parent or legal 
 75.6   guardian which does not result in an injury.  Actions which are 
 75.7   not reasonable and moderate include, but are not limited to, any 
 75.8   of the following that are done in anger or without regard to the 
 75.9   safety of the child: 
 75.10     (1) throwing, kicking, burning, biting, or cutting a child; 
 75.11     (2) striking a child with a closed fist; 
 75.12     (3) shaking a child under age three; 
 75.13     (4) striking or other actions which result in any 
 75.14  nonaccidental injury to a child under 18 months of age; 
 75.15     (5) unreasonable interference with a child's breathing; 
 75.16     (6) threatening a child with a weapon, as defined in 
 75.17  section 609.02, subdivision 6; 
 75.18     (7) striking a child under age one on the face or head; 
 75.19     (8) purposely giving a child poison, alcohol, or dangerous, 
 75.20  harmful, or controlled substances which were not prescribed for 
 75.21  the child by a practitioner, in order to control or punish the 
 75.22  child; or other substances that substantially affect the child's 
 75.23  behavior, motor coordination, or judgment or that results in 
 75.24  sickness or internal injury, or subjects the child to medical 
 75.25  procedures that would be unnecessary if the child were not 
 75.26  exposed to the substances; or 
 75.27     (9) unreasonable physical confinement or restraint not 
 75.28  permitted under section 609.379, including but not limited to 
 75.29  tying, caging, or chaining. 
 75.30     (e) "Report" means any report received by the local welfare 
 75.31  agency, police department, or county sheriff pursuant to this 
 75.32  section. 
 75.33     (f) "Facility" means a licensed or unlicensed day care 
 75.34  facility, residential facility, agency, hospital, sanitarium, or 
 75.35  other facility or institution required to be licensed under 
 75.36  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 76.1   chapter 245B; or a school as defined in sections 120A.05, 
 76.2   subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 76.3   personal care provider organization as defined in sections 
 76.4   256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 76.5      (g) "Operator" means an operator or agency as defined in 
 76.6   section 245A.02.  
 76.7      (h) "Commissioner" means the commissioner of human services.
 76.8      (i) "Assessment" includes authority to interview the child, 
 76.9   the person or persons responsible for the child's care, the 
 76.10  alleged perpetrator, and any other person with knowledge of the 
 76.11  abuse or neglect for the purpose of gathering the facts, 
 76.12  assessing the risk to the child, and formulating a plan.  
 76.13     (j) "Practice of social services," for the purposes of 
 76.14  subdivision 3, includes but is not limited to employee 
 76.15  assistance counseling and the provision of guardian ad litem and 
 76.16  parenting time expeditor services.  
 76.17     (k) "Mental injury" means an injury to the psychological 
 76.18  capacity or emotional stability of a child as evidenced by an 
 76.19  observable or substantial impairment in the child's ability to 
 76.20  function within a normal range of performance and behavior with 
 76.21  due regard to the child's culture. 
 76.22     (l) "Threatened injury" means a statement, overt act, 
 76.23  condition, or status that represents a substantial risk of 
 76.24  physical or sexual abuse or mental injury.  Threatened injury 
 76.25  includes, but is not limited to, exposing a child to a person 
 76.26  responsible for the child's care, as defined in paragraph (b), 
 76.27  clause (1), who has: 
 76.28     (1) subjected a child to, or failed to protect a child 
 76.29  from, an overt act or condition that constitutes egregious harm, 
 76.30  as defined in section 260C.007, subdivision 26, or a similar law 
 76.31  of another jurisdiction; 
 76.32     (2) been found to be palpably unfit under section 260C.301, 
 76.33  paragraph (b), clause (4), or a similar law of another 
 76.34  jurisdiction; 
 76.35     (3) committed an act that has resulted in an involuntary 
 76.36  termination of parental rights under section 260C.301, or a 
 77.1   similar law of another jurisdiction; or 
 77.2      (4) committed an act that has resulted in the involuntary 
 77.3   transfer of permanent legal and physical custody of a child to a 
 77.4   relative under section 260C.201, subdivision 11, paragraph (e), 
 77.5   clause (1), or a similar law of another jurisdiction. 
 77.6      (m) Persons who conduct assessments or investigations under 
 77.7   this section shall take into account accepted child-rearing 
 77.8   practices of the culture in which a child participates, which 
 77.9   are not injurious to the child's health, welfare, and safety. 
 77.10     Sec. 41.  [EXCHANGE OF RECORDS BETWEEN DEPARTMENT OF HEALTH 
 77.11  AND DEPARTMENT OF HUMAN SERVICES.] 
 77.12     The commissioners of health and human services shall 
 77.13  exchange birth record data and data contained in recognitions of 
 77.14  parentage for the purpose of identifying a child who is subject 
 77.15  to threatened injury by a person responsible for a child's care 
 77.16  to the extent possible using existing resources and information 
 77.17  systems. 
 77.18     Sec. 42.  [UNIFORM PARENTAGE ACT STUDY AND REPORT.] 
 77.19     (a) The commissioner of human services shall appoint a task 
 77.20  force to review the Uniform Parentage Act adopted by the Uniform 
 77.21  Laws Commission in 2000 and to make recommendations to the 
 77.22  legislature on whether Minnesota should enact all or part of the 
 77.23  Uniform Parentage Act, whether portions of that act should be 
 77.24  amended, and when it should be effective if it is enacted. 
 77.25     (b) The task force appointed under paragraph (a) should 
 77.26  include, but is not limited to, persons representing: 
 77.27     (1) the department of human services; 
 77.28     (2) the department of health; 
 77.29     (3) adoption agencies; 
 77.30     (4) the Family Law and Children and the Law Sections of the 
 77.31  Minnesota State Bar Association; 
 77.32     (5) the Juvenile Law Section of the Hennepin County Bar 
 77.33  Association; 
 77.34     (6) genetic testing organizations; 
 77.35     (7) public defenders; 
 77.36     (8) county attorneys; 
 78.1      (9) legal service attorneys; 
 78.2      (10) judges; 
 78.3      (11) child support magistrates; 
 78.4      (12) children's advocates; 
 78.5      (13) communities of color; 
 78.6      (14) guardians ad litem; 
 78.7      (15) parent organizations; 
 78.8      (16) families involved in infertility treatment processes; 
 78.9      (17) persons who have been adopted; 
 78.10     (18) birth parents; 
 78.11     (19) adoptive families; and 
 78.12     (20) noncustodial parents. 
 78.13     (c) The task force must submit its report and 
 78.14  recommendations to the chairs of the committees in the house of 
 78.15  representatives and senate with jurisdiction over family and 
 78.16  parentage issues by January 15, 2002.  The task force expires on 
 78.17  January 15, 2002. 
 78.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 78.19  following final enactment. 
 78.20     Sec. 43.  [REPEALER.] 
 78.21     Minnesota Statutes 2000, sections 260C.325, subdivision 2; 
 78.22  and 626.5565, are repealed. 
 78.23     Sec. 44.  [INSTRUCTION TO REVISOR.] 
 78.24     (a) The revisor of statutes shall change the term "local 
 78.25  social services agency" to "responsible social services agency" 
 78.26  in Minnesota Statutes, chapter 260C. 
 78.27     (b) The revisor of statutes shall renumber definitions 
 78.28  putting the terms in alphabetical order under Minnesota 
 78.29  Statutes, section 260C.007, and change affected cross-references 
 78.30  accordingly. 
 78.31                             ARTICLE 2
 78.32               DATA PRACTICES AND CHILD MALTREATMENT
 78.33     Section 1.  Minnesota Statutes 2000, section 13.319, is 
 78.34  amended by adding a subdivision to read: 
 78.35     Subd. 7.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected 
 78.36  for purposes of administering the child care assistance program 
 79.1   are classified under section 119B.02, subdivision 6. 
 79.2      Sec. 2.  Minnesota Statutes 2000, section 13.32, 
 79.3   subdivision 3, is amended to read: 
 79.4      Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
 79.5   Except as provided in subdivision 5, educational data is private 
 79.6   data on individuals and shall not be disclosed except as follows:
 79.7      (a) Pursuant to section 13.05; 
 79.8      (b) Pursuant to a valid court order; 
 79.9      (c) Pursuant to a statute specifically authorizing access 
 79.10  to the private data; 
 79.11     (d) To disclose information in health and safety 
 79.12  emergencies pursuant to the provisions of United States Code, 
 79.13  title 20, section 1232g(b)(1)(I) and Code of Federal 
 79.14  Regulations, title 34, section 99.36; 
 79.15     (e) Pursuant to the provisions of United States Code, title 
 79.16  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
 79.17  (b)(3) and Code of Federal Regulations, title 34, sections 
 79.18  99.31, 99.32, 99.33, 99.34, and 99.35; 
 79.19     (f) To appropriate health authorities to the extent 
 79.20  necessary to administer immunization programs and for bona fide 
 79.21  epidemiologic investigations which the commissioner of health 
 79.22  determines are necessary to prevent disease or disability to 
 79.23  individuals in the public educational agency or institution in 
 79.24  which the investigation is being conducted; 
 79.25     (g) When disclosure is required for institutions that 
 79.26  participate in a program under title IV of the Higher Education 
 79.27  Act, United States Code, title 20, chapter 1092; 
 79.28     (h) To the appropriate school district officials to the 
 79.29  extent necessary under subdivision 6, annually to indicate the 
 79.30  extent and content of remedial instruction, including the 
 79.31  results of assessment testing and academic performance at a 
 79.32  post-secondary institution during the previous academic year by 
 79.33  a student who graduated from a Minnesota school district within 
 79.34  two years before receiving the remedial instruction; 
 79.35     (i) To appropriate authorities as provided in United States 
 79.36  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
 80.1   the juvenile justice system and the ability of the system to 
 80.2   effectively serve, prior to adjudication, the student whose 
 80.3   records are released; provided that the authorities to whom the 
 80.4   data are released submit a written request for the data that 
 80.5   certifies that the data will not be disclosed to any other 
 80.6   person except as authorized by law without the written consent 
 80.7   of the parent of the student and the request and a record of the 
 80.8   release are maintained in the student's file; 
 80.9      (j) To volunteers who are determined to have a legitimate 
 80.10  educational interest in the data and who are conducting 
 80.11  activities and events sponsored by or endorsed by the 
 80.12  educational agency or institution for students or former 
 80.13  students; 
 80.14     (k) To provide student recruiting information, from 
 80.15  educational data held by colleges and universities, as required 
 80.16  by and subject to Code of Federal Regulations, title 32, section 
 80.17  216; ~~or~~ 
 80.18     (l) To the juvenile justice system if information about the 
 80.19  behavior of a student who poses a risk of harm is reasonably 
 80.20  necessary to protect the health or safety of the student or 
 80.21  other individuals~~.~~; 
 80.22     (m) With respect to social security numbers of students in 
 80.23  the adult basic education system, to Minnesota state colleges 
 80.24  and universities and the department of economic security for the 
 80.25  purpose and in the manner described in section 124D.52, 
 80.26  subdivision 7~~.~~; or 
 80.27     (n) To the commissioner of children, families, and learning 
 80.28  for purposes of an assessment or investigation of a report of 
 80.29  alleged maltreatment of a student as mandated by section 
 80.30  626.556.  Upon request by the commissioner of children, 
 80.31  families, and learning, data that are relevant to a report of 
 80.32  maltreatment and are from charter school and school district 
 80.33  investigations of alleged maltreatment of a student must be 
 80.34  disclosed to the commissioner, including, but not limited to, 
 80.35  the following: 
 80.36     (1) information regarding the student alleged to have been 
 81.1   maltreated; 
 81.2      (2) information regarding student and employee witnesses; 
 81.3      (3) information regarding the alleged perpetrator; and 
 81.4      (4) what corrective or protective action was taken, if any, 
 81.5   by the school facility in response to a report of maltreatment 
 81.6   by an employee or agent of the school or school district. 
 81.7      Sec. 3.  Minnesota Statutes 2000, section 13.43, is amended 
 81.8   by adding a subdivision to read: 
 81.9      Subd. 14.  [MALTREATMENT DATA.] When a report of alleged 
 81.10  maltreatment of a student in a school facility, as defined in 
 81.11  section 626.556, subdivision 2, paragraph (f), is made to the 
 81.12  commissioner of children, families, and learning under section 
 81.13  626.556, data that are relevant to a report of maltreatment and 
 81.14  are collected by the school facility about the person alleged to 
 81.15  have committed maltreatment must be provided to the commissioner 
 81.16  of children, families, and learning upon request for purposes of 
 81.17  an assessment or investigation of the maltreatment report.  Data 
 81.18  received by the commissioner of children, families, and learning 
 81.19  pursuant to these assessments or investigations are classified 
 81.20  under section 626.556. 
 81.21     Sec. 4.  Minnesota Statutes 2000, section 13.46, 
 81.22  subdivision 2, is amended to read: 
 81.23     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
 81.24  a statute specifically provides a different classification, data 
 81.25  on individuals collected, maintained, used, or disseminated by 
 81.26  the welfare system is private data on individuals, and shall not 
 81.27  be disclosed except:  
 81.28     (1) according to section 13.05; 
 81.29     (2) according to court order; 
 81.30     (3) according to a statute specifically authorizing access 
 81.31  to the private data; 
 81.32     (4) to an agent of the welfare system, including a law 
 81.33  enforcement person, attorney, or investigator acting for it in 
 81.34  the investigation or prosecution of a criminal or civil 
 81.35  proceeding relating to the administration of a program; 
 81.36     (5) to personnel of the welfare system who require the data 
 82.1   to determine eligibility, amount of assistance, and the need to 
 82.2   provide services of additional programs to the individual; 
 82.3      (6) to administer federal funds or programs; 
 82.4      (7) between personnel of the welfare system working in the 
 82.5   same program; 
 82.6      (8) the amounts of cash public assistance and relief paid 
 82.7   to welfare recipients in this state, including their names, 
 82.8   social security numbers, income, addresses, and other data as 
 82.9   required, upon request by the department of revenue to 
 82.10  administer the property tax refund law, supplemental housing 
 82.11  allowance, early refund of refundable tax credits, and the 
 82.12  income tax.  "Refundable tax credits" means the dependent care 
 82.13  credit under section 290.067, the Minnesota working family 
 82.14  credit under section 290.0671, the property tax refund under 
 82.15  section 290A.04, and, if the required federal waiver or waivers 
 82.16  are granted, the federal earned income tax credit under section 
 82.17  32 of the Internal Revenue Code; 
 82.18     (9) between the department of human services, the 
 82.19  department of children, families, and learning, and the 
 82.20  department of economic security for the purpose of monitoring 
 82.21  the eligibility of the data subject for unemployment benefits, 
 82.22  for any employment or training program administered, supervised, 
 82.23  or certified by that agency, for the purpose of administering 
 82.24  any rehabilitation program or child care assistance program, 
 82.25  whether alone or in conjunction with the welfare system, or to 
 82.26  monitor and evaluate the Minnesota family investment program by 
 82.27  exchanging data on recipients and former recipients of food 
 82.28  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
 82.29  child care assistance under chapter 119B, or medical programs 
 82.30  under chapter 256B, 256D, or 256L; 
 82.31     (10) to appropriate parties in connection with an emergency 
 82.32  if knowledge of the information is necessary to protect the 
 82.33  health or safety of the individual or other individuals or 
 82.34  persons; 
 82.35     (11) data maintained by residential programs as defined in 
 82.36  section 245A.02 may be disclosed to the protection and advocacy 
 83.1   system established in this state according to Part C of Public 
 83.2   Law Number 98-527 to protect the legal and human rights of 
 83.3   persons with mental retardation or other related conditions who 
 83.4   live in residential facilities for these persons if the 
 83.5   protection and advocacy system receives a complaint by or on 
 83.6   behalf of that person and the person does not have a legal 
 83.7   guardian or the state or a designee of the state is the legal 
 83.8   guardian of the person; 
 83.9      (12) to the county medical examiner or the county coroner 
 83.10  for identifying or locating relatives or friends of a deceased 
 83.11  person; 
 83.12     (13) data on a child support obligor who makes payments to 
 83.13  the public agency may be disclosed to the higher education 
 83.14  services office to the extent necessary to determine eligibility 
 83.15  under section 136A.121, subdivision 2, clause (5); 
 83.16     (14) participant social security numbers and names 
 83.17  collected by the telephone assistance program may be disclosed 
 83.18  to the department of revenue to conduct an electronic data match 
 83.19  with the property tax refund database to determine eligibility 
 83.20  under section 237.70, subdivision 4a; 
 83.21     (15) the current address of a Minnesota family investment 
 83.22  program participant may be disclosed to law enforcement officers 
 83.23  who provide the name of the participant and notify the agency 
 83.24  that: 
 83.25     (i) the participant: 
 83.26     (A) is a fugitive felon fleeing to avoid prosecution, or 
 83.27  custody or confinement after conviction, for a crime or attempt 
 83.28  to commit a crime that is a felony under the laws of the 
 83.29  jurisdiction from which the individual is fleeing; or 
 83.30     (B) is violating a condition of probation or parole imposed 
 83.31  under state or federal law; 
 83.32     (ii) the location or apprehension of the felon is within 
 83.33  the law enforcement officer's official duties; and 
 83.34     (iii)  the request is made in writing and in the proper 
 83.35  exercise of those duties; 
 83.36     (16) the current address of a recipient of general 
 84.1   assistance or general assistance medical care may be disclosed 
 84.2   to probation officers and corrections agents who are supervising 
 84.3   the recipient and to law enforcement officers who are 
 84.4   investigating the recipient in connection with a felony level 
 84.5   offense; 
 84.6      (17) information obtained from food stamp applicant or 
 84.7   recipient households may be disclosed to local, state, or 
 84.8   federal law enforcement officials, upon their written request, 
 84.9   for the purpose of investigating an alleged violation of the 
 84.10  Food Stamp Act, according to Code of Federal Regulations, title 
 84.11  7, section 272.1(c); 
 84.12     (18) the address, social security number, and, if 
 84.13  available, photograph of any member of a household receiving 
 84.14  food stamps shall be made available, on request, to a local, 
 84.15  state, or federal law enforcement officer if the officer 
 84.16  furnishes the agency with the name of the member and notifies 
 84.17  the agency that:  
 84.18     (i) the member: 
 84.19     (A) is fleeing to avoid prosecution, or custody or 
 84.20  confinement after conviction, for a crime or attempt to commit a 
 84.21  crime that is a felony in the jurisdiction the member is 
 84.22  fleeing; 
 84.23     (B) is violating a condition of probation or parole imposed 
 84.24  under state or federal law; or 
 84.25     (C) has information that is necessary for the officer to 
 84.26  conduct an official duty related to conduct described in subitem 
 84.27  (A) or (B); 
 84.28     (ii) locating or apprehending the member is within the 
 84.29  officer's official duties; and 
 84.30     (iii) the request is made in writing and in the proper 
 84.31  exercise of the officer's official duty; 
 84.32     (19) the current address of a recipient of Minnesota family 
 84.33  investment program, general assistance, general assistance 
 84.34  medical care, or food stamps may be disclosed to law enforcement 
 84.35  officers who, in writing, provide the name of the recipient and 
 84.36  notify the agency that the recipient is a person required to 
 85.1   register under section 243.166, but is not residing at the 
 85.2   address at which the recipient is registered under section 
 85.3   243.166; 
 85.4      (20) certain information regarding child support obligors 
 85.5   who are in arrears may be made public according to section 
 85.6   518.575; 
 85.7      (21) data on child support payments made by a child support 
 85.8   obligor and data on the distribution of those payments excluding 
 85.9   identifying information on obligees may be disclosed to all 
 85.10  obligees to whom the obligor owes support, and data on the 
 85.11  enforcement actions undertaken by the public authority, the 
 85.12  status of those actions, and data on the income of the obligor 
 85.13  or obligee may be disclosed to the other party; 
 85.14     (22) data in the work reporting system may be disclosed 
 85.15  under section 256.998, subdivision 7; 
 85.16     (23) to the department of children, families, and learning 
 85.17  for the purpose of matching department of children, families, 
 85.18  and learning student data with public assistance data to 
 85.19  determine students eligible for free and reduced price meals, 
 85.20  meal supplements, and free milk according to United States Code, 
 85.21  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
 85.22  allocate federal and state funds that are distributed based on 
 85.23  income of the student's family; and to verify receipt of energy 
 85.24  assistance for the telephone assistance plan; 
 85.25     (24) the current address and telephone number of program 
 85.26  recipients and emergency contacts may be released to the 
 85.27  commissioner of health or a local board of health as defined in 
 85.28  section 145A.02, subdivision 2, when the commissioner or local 
 85.29  board of health has reason to believe that a program recipient 
 85.30  is a disease case, carrier, suspect case, or at risk of illness, 
 85.31  and the data are necessary to locate the person; 
 85.32     (25) to other state agencies, statewide systems, and 
 85.33  political subdivisions of this state, including the attorney 
 85.34  general, and agencies of other states, interstate information 
 85.35  networks, federal agencies, and other entities as required by 
 85.36  federal regulation or law for the administration of the child 
 86.1   support enforcement program; 
 86.2      (26) to personnel of public assistance programs as defined 
 86.3   in section 256.741, for access to the child support system 
 86.4   database for the purpose of administration, including monitoring 
 86.5   and evaluation of those public assistance programs; 
 86.6      (27) to monitor and evaluate the Minnesota family 
 86.7   investment program by exchanging data between the departments of 
 86.8   human services and children, families, and learning, on 
 86.9   recipients and former recipients of food stamps, cash assistance 
 86.10  under chapter 256, 256D, 256J, or 256K, child care assistance 
 86.11  under chapter 119B, or medical programs under chapter 256B, 
 86.12  256D, or 256L; ~~or~~ 
 86.13     (28) to evaluate child support program performance and to 
 86.14  identify and prevent fraud in the child support program by 
 86.15  exchanging data between the department of human services, 
 86.16  department of revenue under section 270B.14, subdivision 1, 
 86.17  paragraphs (a) and (b), without regard to the limitation of use 
 86.18  in paragraph (c), department of health, department of economic 
 86.19  security, and other state agencies as is reasonably necessary to 
 86.20  perform these functions; or 
 86.21     (29) counties operating child care assistance programs 
 86.22  under chapter 119B may disseminate data on program participants, 
 86.23  applicants, and providers to the commissioner of children, 
 86.24  families, and learning.  
 86.25     (b) Information on persons who have been treated for drug 
 86.26  or alcohol abuse may only be disclosed according to the 
 86.27  requirements of Code of Federal Regulations, title 42, sections 
 86.28  2.1 to 2.67. 
 86.29     (c) Data provided to law enforcement agencies under 
 86.30  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 86.31  (b), are investigative data and are confidential or protected 
 86.32  nonpublic while the investigation is active.  The data are 
 86.33  private after the investigation becomes inactive under section 
 86.34  13.82, subdivision 5, paragraph (a) or (b). 
 86.35     (d) Mental health data shall be treated as provided in 
 86.36  subdivisions 7, 8, and 9, but is not subject to the access 
 87.1   provisions of subdivision 10, paragraph (b). 
 87.2      For the purposes of this subdivision, a request will be 
 87.3   deemed to be made in writing if made through a computer 
 87.4   interface system. 
 87.5      Sec. 5.  Minnesota Statutes 2000, section 119B.02, is 
 87.6   amended by adding a subdivision to read: 
 87.7      Subd. 6.  [DATA.] Data on individuals collected by the 
 87.8   commissioner for purposes of administering this chapter are 
 87.9   private data on individuals as defined in section 13.02. 
 87.10     Sec. 6.  Minnesota Statutes 2000, section 256.045, 
 87.11  subdivision 3b, is amended to read: 
 87.12     Subd. 3b.  [STANDARD OF EVIDENCE FOR MALTREATMENT 
 87.13  HEARINGS.] The state human services referee shall determine that 
 87.14  maltreatment has occurred if a preponderance of evidence exists 
 87.15  to support the final disposition under sections 626.556 and 
 87.16  626.557. 
 87.17     The state human services referee shall recommend an order 
 87.18  to the commissioner of health, children, families, and learning, 
 87.19  or human services, as applicable, who shall issue a final 
 87.20  order.  The commissioner shall affirm, reverse, or modify the 
 87.21  final disposition.  Any order of the commissioner issued in 
 87.22  accordance with this subdivision is conclusive upon the parties 
 87.23  unless appeal is taken in the manner provided in subdivision 7.  
 87.24  In any licensing appeal under chapter 245A and sections 144.50 
 87.25  to 144.58 and 144A.02 to 144A.46, the commissioner's 
 87.26  determination as to maltreatment is conclusive. 
 87.27     Sec. 7.  Minnesota Statutes 2000, section 626.556, 
 87.28  subdivision 2, is amended to read: 
 87.29     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 87.30  following terms have the meanings given them unless the specific 
 87.31  content indicates otherwise: 
 87.32     (a) "Sexual abuse" means the subjection of a child by a 
 87.33  person responsible for the child's care, by a person who has a 
 87.34  significant relationship to the child, as defined in section 
 87.35  609.341, or by a person in a position of authority, as defined 
 87.36  in section 609.341, subdivision 10, to any act which constitutes 
 88.1   a violation of section 609.342 (criminal sexual conduct in the 
 88.2   first degree), 609.343 (criminal sexual conduct in the second 
 88.3   degree), 609.344 (criminal sexual conduct in the third degree), 
 88.4   609.345 (criminal sexual conduct in the fourth degree), or 
 88.5   609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 88.6   abuse also includes any act which involves a minor which 
 88.7   constitutes a violation of prostitution offenses under sections 
 88.8   609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 88.9   sexual abuse.  
 88.10     (b) "Person responsible for the child's care" means (1) an 
 88.11  individual functioning within the family unit and having 
 88.12  responsibilities for the care of the child such as a parent, 
 88.13  guardian, or other person having similar care responsibilities, 
 88.14  or (2) an individual functioning outside the family unit and 
 88.15  having responsibilities for the care of the child such as a 
 88.16  teacher, school administrator, other school employees or agents, 
 88.17  or other lawful custodian of a child having either full-time or 
 88.18  short-term care responsibilities including, but not limited to, 
 88.19  day care, babysitting whether paid or unpaid, counseling, 
 88.20  teaching, and coaching.  
 88.21     (c) "Neglect" means: 
 88.22     (1) failure by a person responsible for a child's care to 
 88.23  supply a child with necessary food, clothing, shelter, health, 
 88.24  medical, or other care required for the child's physical or 
 88.25  mental health when reasonably able to do so; 
 88.26     (2) failure to protect a child from conditions or actions 
 88.27  which imminently and seriously endanger the child's physical or 
 88.28  mental health when reasonably able to do so; 
 88.29     (3) failure to provide for necessary supervision or child 
 88.30  care arrangements appropriate for a child after considering 
 88.31  factors as the child's age, mental ability, physical condition, 
 88.32  length of absence, or environment, when the child is unable to 
 88.33  care for the child's own basic needs or safety, or the basic 
 88.34  needs or safety of another child in their care; 
 88.35     (4) failure to ensure that the child is educated as defined 
 88.36  in sections 120A.22 and 260C.163, subdivision 11; 
 89.1      (5) nothing in this section shall be construed to mean that 
 89.2   a child is neglected solely because the child's parent, 
 89.3   guardian, or other person responsible for the child's care in 
 89.4   good faith selects and depends upon spiritual means or prayer 
 89.5   for treatment or care of disease or remedial care of the child 
 89.6   in lieu of medical care; except that a parent, guardian, or 
 89.7   caretaker, or a person mandated to report pursuant to 
 89.8   subdivision 3, has a duty to report if a lack of medical care 
 89.9   may cause serious danger to the child's health.  This section 
 89.10  does not impose upon persons, not otherwise legally responsible 
 89.11  for providing a child with necessary food, clothing, shelter, 
 89.12  education, or medical care, a duty to provide that care; 
 89.13     (6) prenatal exposure to a controlled substance, as defined 
 89.14  in section 253B.02, subdivision 2, used by the mother for a 
 89.15  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 89.16  child at birth, results of a toxicology test performed on the 
 89.17  mother at delivery or the child at birth, or medical effects or 
 89.18  developmental delays during the child's first year of life that 
 89.19  medically indicate prenatal exposure to a controlled substance; 
 89.20     (7) "medical neglect" as defined in section 260C.007, 
 89.21  subdivision 4, clause (5); 
 89.22     (8) chronic and severe use of alcohol or a controlled 
 89.23  substance by a parent or person responsible for the care of the 
 89.24  child that adversely affects the child's basic needs and safety; 
 89.25  or 
 89.26     (9) emotional harm from a pattern of behavior which 
 89.27  contributes to impaired emotional functioning of the child which 
 89.28  may be demonstrated by a substantial and observable effect in 
 89.29  the child's behavior, emotional response, or cognition that is 
 89.30  not within the normal range for the child's age and stage of 
 89.31  development, with due regard to the child's culture. 
 89.32     (d) "Physical abuse" means any physical injury, mental 
 89.33  injury, or threatened injury, inflicted by a person responsible 
 89.34  for the child's care on a child other than by accidental means, 
 89.35  or any physical or mental injury that cannot reasonably be 
 89.36  explained by the child's history of injuries, or any aversive 
 90.1   ~~and~~ or deprivation procedures, or regulated interventions, that 
 90.2   have not been authorized under section 121A.67 or 245.825.  
 90.3   Abuse does not include reasonable and moderate physical 
 90.4   discipline of a child administered by a parent or legal guardian 
 90.5   which does not result in an injury.  Abuse does not include the 
 90.6   use of reasonable force by a teacher, principal, or school 
 90.7   employee as allowed by section 121A.582.  Actions which are not 
 90.8   reasonable and moderate include, but are not limited to, any of 
 90.9   the following that are done in anger or without regard to the 
 90.10  safety of the child: 
 90.11     (1) throwing, kicking, burning, biting, or cutting a child; 
 90.12     (2) striking a child with a closed fist; 
 90.13     (3) shaking a child under age three; 
 90.14     (4) striking or other actions which result in any 
 90.15  nonaccidental injury to a child under 18 months of age; 
 90.16     (5) unreasonable interference with a child's breathing; 
 90.17     (6) threatening a child with a weapon, as defined in 
 90.18  section 609.02, subdivision 6; 
 90.19     (7) striking a child under age one on the face or head; 
 90.20     (8) purposely giving a child poison, alcohol, or dangerous, 
 90.21  harmful, or controlled substances which were not prescribed for 
 90.22  the child by a practitioner, in order to control or punish the 
 90.23  child; or other substances that substantially affect the child's 
 90.24  behavior, motor coordination, or judgment or that results in 
 90.25  sickness or internal injury, or subjects the child to medical 
 90.26  procedures that would be unnecessary if the child were not 
 90.27  exposed to the substances; ~~or~~ 
 90.28     (9) unreasonable physical confinement or restraint not 
 90.29  permitted under section 609.379, including but not limited to 
 90.30  tying, caging, or chaining; or 
 90.31     (10) in a school facility or school zone, an act by a 
 90.32  person responsible for the child's care that is a violation 
 90.33  under section 121A.58. 
 90.34     (e) "Report" means any report received by the local welfare 
 90.35  agency, police department, ~~or~~ county sheriff, or agency 
 90.36  responsible for assessing or investigating maltreatment pursuant 
 91.1   to this section. 
 91.2      (f) "Facility" means a licensed or unlicensed day care 
 91.3   facility, residential facility, agency, hospital, sanitarium, or 
 91.4   other facility or institution required to be licensed under 
 91.5   sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 91.6   chapter 245B; or a school as defined in sections 120A.05, 
 91.7   subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 91.8   personal care provider organization as defined in sections 
 91.9   256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 91.10     (g) "Operator" means an operator or agency as defined in 
 91.11  section 245A.02.  
 91.12     (h) "Commissioner" means the commissioner of human services.
 91.13     (i) "Assessment" includes authority to interview the child, 
 91.14  the person or persons responsible for the child's care, the 
 91.15  alleged perpetrator, and any other person with knowledge of the 
 91.16  abuse or neglect for the purpose of gathering the facts, 
 91.17  assessing the risk to the child, and formulating a plan.  
 91.18     (j) "Practice of social services," for the purposes of 
 91.19  subdivision 3, includes but is not limited to employee 
 91.20  assistance counseling and the provision of guardian ad litem and 
 91.21  parenting time expeditor services.  
 91.22     (k) "Mental injury" means an injury to the psychological 
 91.23  capacity or emotional stability of a child as evidenced by an 
 91.24  observable or substantial impairment in the child's ability to 
 91.25  function within a normal range of performance and behavior with 
 91.26  due regard to the child's culture. 
 91.27     (l) "Threatened injury" means a statement, overt act, 
 91.28  condition, or status that represents a substantial risk of 
 91.29  physical or sexual abuse or mental injury. 
 91.30     (m) Persons who conduct assessments or investigations under 
 91.31  this section shall take into account accepted child-rearing 
 91.32  practices of the culture in which a child participates and 
 91.33  accepted teacher discipline practices, which are not injurious 
 91.34  to the child's health, welfare, and safety. 
 91.35     Sec. 8.  Minnesota Statutes 2000, section 626.556, 
 91.36  subdivision 3, is amended to read: 
 92.1      Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 92.2   knows or has reason to believe a child is being neglected or 
 92.3   physically or sexually abused, as defined in subdivision 2, or 
 92.4   has been neglected or physically or sexually abused within the 
 92.5   preceding three years, shall immediately report the information 
 92.6   to the local welfare agency, agency responsible for assessing or 
 92.7   investigating the report, police department, or the county 
 92.8   sheriff if the person is:  
 92.9      (1) a professional or professional's delegate who is 
 92.10  engaged in the practice of the healing arts, social services, 
 92.11  hospital administration, psychological or psychiatric treatment, 
 92.12  child care, education, or law enforcement; or 
 92.13     (2) employed as a member of the clergy and received the 
 92.14  information while engaged in ministerial duties, provided that a 
 92.15  member of the clergy is not required by this subdivision to 
 92.16  report information that is otherwise privileged under section 
 92.17  595.02, subdivision 1, paragraph (c).  
 92.18     The police department or the county sheriff, upon receiving 
 92.19  a report, shall immediately notify the local welfare agency or 
 92.20  agency responsible for assessing or investigating the report, 
 92.21  orally and in writing.  The local welfare agency, or agency 
 92.22  responsible for assessing or investigating the report, upon 
 92.23  receiving a report, shall immediately notify the local police 
 92.24  department or the county sheriff orally and in writing.  The 
 92.25  county sheriff and the head of every local welfare agency, 
 92.26  agency responsible for assessing or investigating reports, and 
 92.27  police department shall each designate a person within their 
 92.28  agency, department, or office who is responsible for ensuring 
 92.29  that the notification duties of this paragraph and paragraph (b) 
 92.30  are carried out.  Nothing in this subdivision shall be construed 
 92.31  to require more than one report from any institution, facility, 
 92.32  school, or agency. 
 92.33     (b) Any person may voluntarily report to the local welfare 
 92.34  agency, agency responsible for assessing or investigating the 
 92.35  report, police department, or the county sheriff if the person 
 92.36  knows, has reason to believe, or suspects a child is being or 
 93.1   has been neglected or subjected to physical or sexual abuse.  
 93.2   The police department or the county sheriff, upon receiving a 
 93.3   report, shall immediately notify the local welfare agency or 
 93.4   agency responsible for assessing or investigating the report, 
 93.5   orally and in writing.  The local welfare agency or agency 
 93.6   responsible for assessing or investigating the report, upon 
 93.7   receiving a report, shall immediately notify the local police 
 93.8   department or the county sheriff orally and in writing. 
 93.9      (c) A person mandated to report physical or sexual child 
 93.10  abuse or neglect occurring within a licensed facility shall 
 93.11  report the information to the agency responsible for licensing 
 93.12  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
 93.13  to 245A.16; or chapter 245B~~, or a school as defined in sections~~ 
 93.14  ~~120A.05, subdivisions 9, 11, and 13; and 124D.10~~; or a 
 93.15  nonlicensed personal care provider organization as defined in 
 93.16  sections 256B.04, subdivision 16; and 256B.0625, subdivision 
 93.17  19.  A health or corrections agency receiving a report may 
 93.18  request the local welfare agency to provide assistance pursuant 
 93.19  to subdivisions 10, 10a, and 10b.  A board or other entity whose 
 93.20  licensees perform work within a school facility, upon receiving 
 93.21  a complaint of alleged maltreatment, shall provide information 
 93.22  about the circumstances of the alleged maltreatment to the 
 93.23  commissioner of children, families, and learning.  Section 
 93.24  13.03, subdivision 4, applies to data received by the 
 93.25  commissioner of children, families, and learning from a 
 93.26  licensing entity.  
 93.27     (d) Any person mandated to report shall receive a summary 
 93.28  of the disposition of any report made by that reporter, 
 93.29  including whether the case has been opened for child protection 
 93.30  or other services, or if a referral has been made to a community 
 93.31  organization, unless release would be detrimental to the best 
 93.32  interests of the child.  Any person who is not mandated to 
 93.33  report shall, upon request to the local welfare agency, receive 
 93.34  a concise summary of the disposition of any report made by that 
 93.35  reporter, unless release would be detrimental to the best 
 93.36  interests of the child. 
 94.1      (e) For purposes of this subdivision, "immediately" means 
 94.2   as soon as possible but in no event longer than 24 hours. 
 94.3      Sec. 9.  Minnesota Statutes 2000, section 626.556, 
 94.4   subdivision 4, is amended to read: 
 94.5      Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 94.6   persons are immune from any civil or criminal liability that 
 94.7   otherwise might result from their actions, if they are acting in 
 94.8   good faith: 
 94.9      (1) any person making a voluntary or mandated report under 
 94.10  subdivision 3 or under section 626.5561 or assisting in an 
 94.11  assessment under this section or under section 626.5561; 
 94.12     (2) any person with responsibility for performing duties 
 94.13  under this section or supervisor employed by a local welfare 
 94.14  agency, the commissioner of an agency responsible for operating 
 94.15  or supervising a licensed or unlicensed day care facility, 
 94.16  residential facility, agency, hospital, sanitarium, or other 
 94.17  facility or institution required to be licensed under sections 
 94.18  144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a 
 94.19  school as defined in sections 120A.05, subdivisions 9, 11, and 
 94.20  13; and 124D.10; or a nonlicensed personal care provider 
 94.21  organization as defined in sections 256B.04, subdivision 16; and 
 94.22  256B.0625, subdivision 19a, complying with subdivision 10d; and 
 94.23     (3) any public or private school, facility as defined in 
 94.24  subdivision 2, or the employee of any public or private school 
 94.25  or facility who permits access by a local welfare agency, the 
 94.26  department of children, families, and learning, or a local law 
 94.27  enforcement agency and assists in an investigation or assessment 
 94.28  pursuant to subdivision 10 or under section 626.5561. 
 94.29     (b) A person who is a supervisor or person with 
 94.30  responsibility for performing duties under this section employed 
 94.31  by a local welfare agency, the commissioner of human services, 
 94.32  or the commissioner of children, families, and learning 
 94.33  complying with subdivisions 10 and 11 or section 626.5561 or any 
 94.34  related rule or provision of law is immune from any civil or 
 94.35  criminal liability that might otherwise result from the person's 
 94.36  actions, if the person is (1) acting in good faith and 
 95.1   exercising due care, or (2) acting in good faith and following 
 95.2   the information collection procedures established under 
 95.3   subdivision 10, paragraphs (h), (i), and (j). 
 95.4      (c) This subdivision does not provide immunity to any 
 95.5   person for failure to make a required report or for committing 
 95.6   neglect, physical abuse, or sexual abuse of a child. 
 95.7      (d) If a person who makes a voluntary or mandatory report 
 95.8   under subdivision 3 prevails in a civil action from which the 
 95.9   person has been granted immunity under this subdivision, the 
 95.10  court may award the person attorney fees and costs. 
 95.11     Sec. 10.  Minnesota Statutes 2000, section 626.556, 
 95.12  subdivision 7, is amended to read: 
 95.13     Subd. 7.  [REPORT.] An oral report shall be made 
 95.14  immediately by telephone or otherwise.  An oral report made by a 
 95.15  person required under subdivision 3 to report shall be followed 
 95.16  within 72 hours, exclusive of weekends and holidays, by a report 
 95.17  in writing to the appropriate police department, the county 
 95.18  sheriff, the agency responsible for assessing or investigating 
 95.19  the report, or the local welfare agency, unless the appropriate 
 95.20  agency has informed the reporter that the oral information does 
 95.21  not constitute a report under subdivision 10.  Any report shall 
 95.22  be of sufficient content to identify the child, any person 
 95.23  believed to be responsible for the abuse or neglect of the child 
 95.24  if the person is known, the nature and extent of the abuse or 
 95.25  neglect and the name and address of the reporter.  If requested, 
 95.26  the local welfare agency or the agency responsible for assessing 
 95.27  or investigating the report shall inform the reporter within ten 
 95.28  days after the report is made, either orally or in writing, 
 95.29  whether the report was accepted for assessment or investigation. 
 95.30  Written reports received by a police department or the county 
 95.31  sheriff shall be forwarded immediately to the local welfare 
 95.32  agency or the agency responsible for assessing or investigating 
 95.33  the report.  The police department or the county sheriff may 
 95.34  keep copies of reports received by them.  Copies of written 
 95.35  reports received by a local welfare department or the agency 
 95.36  responsible for assessing or investigating the report shall be 
 96.1   forwarded immediately to the local police department or the 
 96.2   county sheriff. 
 96.3      A written copy of a report maintained by personnel of 
 96.4   agencies, other than welfare or law enforcement agencies, which 
 96.5   are subject to chapter 13 shall be confidential.  An individual 
 96.6   subject of the report may obtain access to the original report 
 96.7   as provided by subdivision 11. 
 96.8      Sec. 11.  Minnesota Statutes 2000, section 626.556, 
 96.9   subdivision 10, is amended to read: 
 96.10     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
 96.11  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
 96.12  alleges neglect, physical abuse, or sexual abuse by a parent, 
 96.13  guardian, or individual functioning within the family unit as a 
 96.14  person responsible for the child's care, the local welfare 
 96.15  agency shall immediately conduct an assessment including 
 96.16  gathering information on the existence of substance abuse and 
 96.17  offer protective social services for purposes of preventing 
 96.18  further abuses, safeguarding and enhancing the welfare of the 
 96.19  abused or neglected minor, and preserving family life whenever 
 96.20  possible.  If the report alleges a violation of a criminal 
 96.21  statute involving sexual abuse, physical abuse, or neglect or 
 96.22  endangerment, under section 609.378, the local law enforcement 
 96.23  agency and local welfare agency shall coordinate the planning 
 96.24  and execution of their respective investigation and assessment 
 96.25  efforts to avoid a duplication of fact-finding efforts and 
 96.26  multiple interviews.  Each agency shall prepare a separate 
 96.27  report of the results of its investigation.  In cases of alleged 
 96.28  child maltreatment resulting in death, the local agency may rely 
 96.29  on the fact-finding efforts of a law enforcement investigation 
 96.30  to make a determination of whether or not maltreatment 
 96.31  occurred.  When necessary the local welfare agency shall seek 
 96.32  authority to remove the child from the custody of a parent, 
 96.33  guardian, or adult with whom the child is living.  In performing 
 96.34  any of these duties, the local welfare agency shall maintain 
 96.35  appropriate records.  
 96.36     If the assessment indicates there is a potential for abuse 
 97.1   of alcohol or other drugs by the parent, guardian, or person 
 97.2   responsible for the child's care, the local welfare agency shall 
 97.3   conduct a chemical use assessment pursuant to Minnesota Rules, 
 97.4   part 9530.6615.  The local welfare agency shall report the 
 97.5   determination of the chemical use assessment, and the 
 97.6   recommendations and referrals for alcohol and other drug 
 97.7   treatment services to the state authority on alcohol and drug 
 97.8   abuse. 
 97.9      (b) When a local agency receives a report or otherwise has 
 97.10  information indicating that a child who is a client, as defined 
 97.11  in section 245.91, has been the subject of physical abuse, 
 97.12  sexual abuse, or neglect at an agency, facility, or program as 
 97.13  defined in section 245.91, it shall, in addition to its other 
 97.14  duties under this section, immediately inform the ombudsman 
 97.15  established under sections 245.91 to 245.97.  The commissioner 
 97.16  of children, families, and learning shall inform the ombudsman 
 97.17  established under sections 245.91 to 245.97 of reports regarding 
 97.18  a child defined as a client in section 245.91 that maltreatment 
 97.19  occurred at a school as defined in sections 120A.05, 
 97.20  subdivisions 9, 11, and 13, and 124D.10. 
 97.21     (c) Authority of the local welfare agency responsible for 
 97.22  assessing the child abuse or neglect report, the agency 
 97.23  responsible for assessing or investigating the report, and of 
 97.24  the local law enforcement agency for investigating the alleged 
 97.25  abuse or neglect includes, but is not limited to, authority to 
 97.26  interview, without parental consent, the alleged victim and any 
 97.27  other minors who currently reside with or who have resided with 
 97.28  the alleged offender.  The interview may take place at school or 
 97.29  at any facility or other place where the alleged victim or other 
 97.30  minors might be found or the child may be transported to, and 
 97.31  the interview conducted at, a place appropriate for the 
 97.32  interview of a child designated by the local welfare agency or 
 97.33  law enforcement agency.  The interview may take place outside 
 97.34  the presence of the alleged offender or parent, legal custodian, 
 97.35  guardian, or school official.  Except as provided in this 
 97.36  paragraph, the parent, legal custodian, or guardian shall be 
 98.1   notified by the responsible local welfare or law enforcement 
 98.2   agency no later than the conclusion of the investigation or 
 98.3   assessment that this interview has occurred.  Notwithstanding 
 98.4   rule 49.02 of the Minnesota rules of procedure for juvenile 
 98.5   courts, the juvenile court may, after hearing on an ex parte 
 98.6   motion by the local welfare agency, order that, where reasonable 
 98.7   cause exists, the agency withhold notification of this interview 
 98.8   from the parent, legal custodian, or guardian.  If the interview 
 98.9   took place or is to take place on school property, the order 
 98.10  shall specify that school officials may not disclose to the 
 98.11  parent, legal custodian, or guardian the contents of the 
 98.12  notification of intent to interview the child on school 
 98.13  property, as provided under this paragraph, and any other 
 98.14  related information regarding the interview that may be a part 
 98.15  of the child's school record.  A copy of the order shall be sent 
 98.16  by the local welfare or law enforcement agency to the 
 98.17  appropriate school official. 
 98.18     (d) When the local welfare ~~or~~, local law enforcement 
 98.19  agency, or the agency responsible for assessing or investigating 
 98.20  a report of maltreatment determines that an interview should 
 98.21  take place on school property, written notification of intent to 
 98.22  interview the child on school property must be received by 
 98.23  school officials prior to the interview.  The notification shall 
 98.24  include the name of the child to be interviewed, the purpose of 
 98.25  the interview, and a reference to the statutory authority to 
 98.26  conduct an interview on school property.  For interviews 
 98.27  conducted by the local welfare agency, the notification shall be 
 98.28  signed by the chair of the local social services agency or the 
 98.29  chair's designee.  The notification shall be private data on 
 98.30  individuals subject to the provisions of this paragraph.  School 
 98.31  officials may not disclose to the parent, legal custodian, or 
 98.32  guardian the contents of the notification or any other related 
 98.33  information regarding the interview until notified in writing by 
 98.34  the local welfare or law enforcement agency that the 
 98.35  investigation or assessment has been concluded, unless a school 
 98.36  employee or agent is alleged to have maltreated the child.  
 99.1   Until that time, the local welfare or law enforcement agency or 
 99.2   the agency responsible for assessing or investigating a report 
 99.3   of maltreatment shall be solely responsible for any disclosures 
 99.4   regarding the nature of the assessment or investigation.  
 99.5      Except where the alleged offender is believed to be a 
 99.6   school official or employee, the time and place, and manner of 
 99.7   the interview on school premises shall be within the discretion 
 99.8   of school officials, but the local welfare or law enforcement 
 99.9   agency shall have the exclusive authority to determine who may 
 99.10  attend the interview.  The conditions as to time, place, and 
 99.11  manner of the interview set by the school officials shall be 
 99.12  reasonable and the interview shall be conducted not more than 24 
 99.13  hours after the receipt of the notification unless another time 
 99.14  is considered necessary by agreement between the school 
 99.15  officials and the local welfare or law enforcement agency.  
 99.16  Where the school fails to comply with the provisions of this 
 99.17  paragraph, the juvenile court may order the school to comply.  
 99.18  Every effort must be made to reduce the disruption of the 
 99.19  educational program of the child, other students, or school 
 99.20  staff when an interview is conducted on school premises.  
 99.21     (e) Where the alleged offender or a person responsible for 
 99.22  the care of the alleged victim or other minor prevents access to 
 99.23  the victim or other minor by the local welfare agency, the 
 99.24  juvenile court may order the parents, legal custodian, or 
 99.25  guardian to produce the alleged victim or other minor for 
 99.26  questioning by the local welfare agency or the local law 
 99.27  enforcement agency outside the presence of the alleged offender 
 99.28  or any person responsible for the child's care at reasonable 
 99.29  places and times as specified by court order.  
 99.30     (f) Before making an order under paragraph (e), the court 
 99.31  shall issue an order to show cause, either upon its own motion 
 99.32  or upon a verified petition, specifying the basis for the 
 99.33  requested interviews and fixing the time and place of the 
 99.34  hearing.  The order to show cause shall be served personally and 
 99.35  shall be heard in the same manner as provided in other cases in 
 99.36  the juvenile court.  The court shall consider the need for 
100.1   appointment of a guardian ad litem to protect the best interests 
100.2   of the child.  If appointed, the guardian ad litem shall be 
100.3   present at the hearing on the order to show cause.  
100.4      (g) The commissioner of human services, the ombudsman for 
100.5   mental health and mental retardation, the local welfare agencies 
100.6   responsible for investigating reports, the commissioner of 
100.7   children, families, and learning, and the local law enforcement 
100.8   agencies have the right to enter facilities as defined in 
100.9   subdivision 2 and to inspect and copy the facility's records, 
100.10  including medical records, as part of the investigation.  
100.11  Notwithstanding the provisions of chapter 13, they also have the 
100.12  right to inform the facility under investigation that they are 
100.13  conducting an investigation, to disclose to the facility the 
100.14  names of the individuals under investigation for abusing or 
100.15  neglecting a child, and to provide the facility with a copy of 
100.16  the report and the investigative findings. 
100.17     (h) The local welfare agency or the agency responsible for 
100.18  assessing or investigating the report shall collect available 
100.19  and relevant information to ascertain whether maltreatment 
100.20  occurred and whether protective services are needed.  
100.21  Information collected includes, when relevant, information with 
100.22  regard to the person reporting the alleged maltreatment, 
100.23  including the nature of the reporter's relationship to the child 
100.24  and to the alleged offender, and the basis of the reporter's 
100.25  knowledge for the report; the child allegedly being maltreated; 
100.26  the alleged offender; the child's caretaker; and other 
100.27  collateral sources having relevant information related to the 
100.28  alleged maltreatment.  The local welfare agency or the agency 
100.29  responsible for assessing or investigating the report may make a 
100.30  determination of no maltreatment early in an assessment, and 
100.31  close the case and retain immunity, if the collected information 
100.32  shows no basis for a full assessment or investigation. 
100.33     Information relevant to the assessment or investigation 
100.34  must be asked for, and may include: 
100.35     (1) the child's sex and age, prior reports of maltreatment, 
100.36  information relating to developmental functioning, credibility 
101.1   of the child's statement, and whether the information provided 
101.2   under this clause is consistent with other information collected 
101.3   during the course of the assessment or investigation; 
101.4      (2) the alleged offender's age, a record check for prior 
101.5   reports of maltreatment, and criminal charges and convictions.  
101.6   The local welfare agency or the agency responsible for assessing 
101.7   or investigating the report must provide the alleged offender 
101.8   with an opportunity to make a statement.  The alleged offender 
101.9   may submit supporting documentation relevant to the assessment 
101.10  or investigation; 
101.11     (3) collateral source information regarding the alleged 
101.12  maltreatment and care of the child.  Collateral information 
101.13  includes, when relevant:  (i) a medical examination of the 
101.14  child; (ii) prior medical records relating to the alleged 
101.15  maltreatment or the care of the child and an interview with the 
101.16  treating professionals; and (iii) interviews with the child's 
101.17  caretakers, including the child's parent, guardian, foster 
101.18  parent, child care provider, teachers, counselors, family 
101.19  members, relatives, and other persons who may have knowledge 
101.20  regarding the alleged maltreatment and the care of the child; 
101.21  and 
101.22     (4) information on the existence of domestic abuse and 
101.23  violence in the home of the child, and substance abuse. 
101.24     Nothing in this paragraph precludes the local welfare 
101.25  agency, the local law enforcement agency, or the agency 
101.26  responsible for assessing or investigating the report from 
101.27  collecting other relevant information necessary to conduct the 
101.28  assessment or investigation.  Notwithstanding the data's 
101.29  classification in the possession of any other agency, data 
101.30  acquired by the local welfare agency or the agency responsible 
101.31  for assessing or investigating the report during the course of 
101.32  the assessment or investigation are private data on individuals 
101.33  and must be maintained in accordance with subdivision 11.  Data 
101.34  of the commissioner of children, families, and learning 
101.35  collected or maintained during and for the purpose of an 
101.36  investigation of alleged maltreatment in a school are governed 
102.1   by this section, notwithstanding the data's classification as 
102.2   educational, licensing, or personnel data under chapter 13. 
102.3      In conducting an assessment or investigation involving a 
102.4   school facility as defined in subdivision 2, paragraph (f), the 
102.5   commissioner of children, families, and learning shall collect 
102.6   investigative reports and data that are relevant to a report of 
102.7   maltreatment and are from local law enforcement and the school 
102.8   facility.  
102.9      (i) In the initial stages of an assessment or 
102.10  investigation, the local welfare agency shall conduct a 
102.11  face-to-face observation of the child reported to be maltreated 
102.12  and a face-to-face interview of the alleged offender.  The 
102.13  interview with the alleged offender may be postponed if it would 
102.14  jeopardize an active law enforcement investigation. 
102.15     (j) The local welfare agency shall use a question and 
102.16  answer interviewing format with questioning as nondirective as 
102.17  possible to elicit spontaneous responses.  The following 
102.18  interviewing methods and procedures must be used whenever 
102.19  possible when collecting information: 
102.20     (1) audio recordings of all interviews with witnesses and 
102.21  collateral sources; and 
102.22     (2) in cases of alleged sexual abuse, audio-video 
102.23  recordings of each interview with the alleged victim and child 
102.24  witnesses.  
102.25     (k) In conducting an assessment or investigation involving 
102.26  a school facility as defined in subdivision 2, paragraph (f), 
102.27  the commissioner of children, families, and learning shall 
102.28  collect available and relevant information and use the 
102.29  procedures in paragraphs (h), (i), and (j), provided that the 
102.30  commissioner may also base the assessment or investigation on 
102.31  investigative reports and data received from the school facility 
102.32  and local law enforcement, to the extent those investigations 
102.33  satisfy the requirements of paragraphs (h), (i), and (j). 
102.34     Sec. 12.  Minnesota Statutes 2000, section 626.556, 
102.35  subdivision 10b, is amended to read: 
102.36     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
103.1   FACILITY.] (a) This section applies to the commissioners of 
103.2   human services, health, and children, families, and learning.  
103.3   The commissioner of the agency responsible for assessing or 
103.4   investigating the report shall immediately assess or investigate 
103.5   if the report alleges that: 
103.6      (1) a child who is in the care of a facility as defined in 
103.7   subdivision 2 is neglected, physically abused, or sexually 
103.8   abused by an individual in that facility, or has been so 
103.9   neglected or abused by an individual in that facility within the 
103.10  three years preceding the report; or 
103.11     (2) a child was neglected, physically abused, or sexually 
103.12  abused by an individual in a facility defined in subdivision 2, 
103.13  while in the care of that facility within the three years 
103.14  preceding the report.  
103.15     The commissioner of the agency responsible for assessing or 
103.16  investigating the report shall arrange for the transmittal to 
103.17  the commissioner of reports received by local agencies and may 
103.18  delegate to a local welfare agency the duty to investigate 
103.19  reports.  In conducting an investigation under this section, the 
103.20  commissioner has the powers and duties specified for local 
103.21  welfare agencies under this section.  The commissioner of the 
103.22  agency responsible for assessing or investigating the report or 
103.23  local welfare agency may interview any children who are or have 
103.24  been in the care of a facility under investigation and their 
103.25  parents, guardians, or legal custodians. 
103.26     (b) Prior to any interview, the commissioner of the agency 
103.27  responsible for assessing or investigating the report or local 
103.28  welfare agency shall notify the parent, guardian, or legal 
103.29  custodian of a child who will be interviewed in the manner 
103.30  provided for in subdivision 10d, paragraph (a).  If reasonable 
103.31  efforts to reach the parent, guardian, or legal custodian of a 
103.32  child in an out-of-home placement have failed, the child may be 
103.33  interviewed if there is reason to believe the interview is 
103.34  necessary to protect the child or other children in the 
103.35  facility.  The commissioner of the agency responsible for 
103.36  assessing or investigating the report or local agency must 
104.1   provide the information required in this subdivision to the 
104.2   parent, guardian, or legal custodian of a child interviewed 
104.3   without parental notification as soon as possible after the 
104.4   interview.  When the investigation is completed, any parent, 
104.5   guardian, or legal custodian notified under this subdivision 
104.6   shall receive the written memorandum provided for in subdivision 
104.7   10d, paragraph (c). 
104.8      (c) In conducting investigations under this subdivision the 
104.9   commissioner or local welfare agency shall obtain access to 
104.10  information consistent with subdivision 10, paragraphs (h), (i), 
104.11  and (j).  In conducting assessments or investigations under this 
104.12  subdivision, the commissioner of children, families, and 
104.13  learning shall obtain access to reports and investigative data 
104.14  that are relevant to a report of maltreatment and are in the 
104.15  possession of a school facility as defined in subdivision 2, 
104.16  paragraph (f), notwithstanding the classification of the data as 
104.17  educational or personnel data under chapter 13.  This includes, 
104.18  but is not limited to, school investigative reports, information 
104.19  concerning the conduct of school personnel alleged to have 
104.20  committed maltreatment of students, information about witnesses, 
104.21  and any protective or corrective action taken by the school 
104.22  facility regarding the school personnel alleged to have 
104.23  committed maltreatment. 
104.24     (d) ~~Except for foster care and family child care, the~~ 
104.25  ~~commissioner has the primary responsibility for the~~ 
104.26  ~~investigations and notifications required under subdivisions 10d~~ 
104.27  ~~and 10f for reports that allege maltreatment related to the care~~ 
104.28  ~~provided by or in facilities licensed by the commissioner.~~  The 
104.29  commissioner may request assistance from the local social 
104.30  services agency. 
104.31     Sec. 13.  Minnesota Statutes 2000, section 626.556, 
104.32  subdivision 10d, is amended to read: 
104.33     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
104.34  (a) When a report is received that alleges neglect, physical 
104.35  abuse, or sexual abuse of a child while in the care of a 
104.36  licensed or unlicensed day care facility, residential facility, 
105.1   agency, hospital, sanitarium, or other facility or institution 
105.2   required to be licensed according to sections 144.50 to 144.58; 
105.3   241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as 
105.4   defined in sections 120A.05, subdivisions 9, 11, and 13; and 
105.5   124D.10; or a nonlicensed personal care provider organization as 
105.6   defined in section 256B.04, subdivision 16, and 256B.0625, 
105.7   subdivision 19a, the commissioner of the agency responsible for 
105.8   assessing or investigating the report or local welfare agency 
105.9   investigating the report shall provide the following information 
105.10  to the parent, guardian, or legal custodian of a child alleged 
105.11  to have been neglected, physically abused, or sexually abused:  
105.12  the name of the facility; the fact that a report alleging 
105.13  neglect, physical abuse, or sexual abuse of a child in the 
105.14  facility has been received; the nature of the alleged neglect, 
105.15  physical abuse, or sexual abuse; that the agency is conducting 
105.16  an assessment or investigation; any protective or corrective 
105.17  measures being taken pending the outcome of the investigation; 
105.18  and that a written memorandum will be provided when the 
105.19  investigation is completed. 
105.20     (b) The commissioner of the agency responsible for 
105.21  assessing or investigating the report or local welfare agency 
105.22  may also provide the information in paragraph (a) to the parent, 
105.23  guardian, or legal custodian of any other child in the facility 
105.24  if the investigative agency knows or has reason to believe the 
105.25  alleged neglect, physical abuse, or sexual abuse has occurred. 
105.26  In determining whether to exercise this authority, the 
105.27  commissioner of the agency responsible for assessing or 
105.28  investigating the report or local welfare agency shall consider 
105.29  the seriousness of the alleged neglect, physical abuse, or 
105.30  sexual abuse; the number of children allegedly neglected, 
105.31  physically abused, or sexually abused; the number of alleged 
105.32  perpetrators; and the length of the investigation.  The facility 
105.33  shall be notified whenever this discretion is exercised. 
105.34     (c) When the commissioner of the agency responsible for 
105.35  assessing or investigating the report or local welfare agency 
105.36  has completed its investigation, every parent, guardian, or 
106.1   legal custodian previously notified of the investigation by the 
106.2   commissioner or local welfare agency shall be provided with the 
106.3   following information in a written memorandum:  the name of the 
106.4   facility investigated; the nature of the alleged neglect, 
106.5   physical abuse, or sexual abuse; the investigator's name; a 
106.6   summary of the investigation findings; a statement whether 
106.7   maltreatment was found; and the protective or corrective 
106.8   measures that are being or will be taken. The memorandum shall 
106.9   be written in a manner that protects the identity of the 
106.10  reporter and the child and shall not contain the name, or to the 
106.11  extent possible, reveal the identity of the alleged perpetrator 
106.12  or of those interviewed during the investigation.  The 
106.13  commissioner or local welfare agency shall also provide the 
106.14  written memorandum to the parent, guardian, or legal custodian 
106.15  of each child in the facility if maltreatment is determined to 
106.16  exist.  In the case of maltreatment within a school facility, as 
106.17  defined in sections 120A.05, subdivisions 9, 11, and 13, and 
106.18  124D.10, the commissioner of children, families, and learning 
106.19  need not provide notification to parents, guardians, or legal 
106.20  custodians of each child in the facility, but may provide 
106.21  notification to the parent, guardian, or legal custodian of any 
106.22  student alleged to have been maltreated or involved as a witness 
106.23  to alleged maltreatment. 
106.24     Sec. 14.  Minnesota Statutes 2000, section 626.556, 
106.25  subdivision 10e, is amended to read: 
106.26     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
106.27  assessment or investigation it conducts, the local welfare 
106.28  agency shall make two determinations:  first, whether 
106.29  maltreatment has occurred; and second, whether child protective 
106.30  services are needed.  Upon the conclusion of an assessment or 
106.31  investigation by the commissioner of children, families, and 
106.32  learning, the commissioner shall determine whether maltreatment 
106.33  occurred and what corrective or protective action was taken by 
106.34  the school facility.  If a determination is made that 
106.35  maltreatment has occurred, the commissioner shall report to the 
106.36  employer, the school board, and any appropriate licensing entity 
107.1   the determination that maltreatment occurred and what corrective 
107.2   or protective action was taken by the school facility.  In all 
107.3   other cases, the commissioner shall inform the school board or 
107.4   employer that a report was received, the subject of the report, 
107.5   the date of the initial report, the category of maltreatment 
107.6   alleged as defined in paragraph (a), the fact that maltreatment 
107.7   was not determined, and a summary of the specific reasons for 
107.8   the determination.  When maltreatment is determined in an 
107.9   investigation involving a facility, the investigating agency 
107.10  shall also determine whether the facility or individual was 
107.11  responsible, or whether both the facility and the individual 
107.12  were responsible for the maltreatment using the mitigating 
107.13  factors in paragraph (d).  Determinations under this subdivision 
107.14  must be made based on a preponderance of the evidence and are 
107.15  private data on individuals or nonpublic data as maintained by 
107.16  the commissioner of children, families, and learning.  
107.17     (a) For the purposes of this subdivision, "maltreatment" 
107.18  means any of the following acts or omissions committed by a 
107.19  person responsible for the child's care: 
107.20     (1) physical abuse as defined in subdivision 2, paragraph 
107.21  (d); 
107.22     (2) neglect as defined in subdivision 2, paragraph (c); 
107.23     (3) sexual abuse as defined in subdivision 2, paragraph 
107.24  (a); or 
107.25     (4) mental injury as defined in subdivision 2, paragraph 
107.26  (k). 
107.27     (b) For the purposes of this subdivision, a determination 
107.28  that child protective services are needed means that the local 
107.29  welfare agency has documented conditions during the assessment 
107.30  or investigation sufficient to cause a child protection worker, 
107.31  as defined in section 626.559, subdivision 1, to conclude that a 
107.32  child is at significant risk of maltreatment if protective 
107.33  intervention is not provided and that the individuals 
107.34  responsible for the child's care have not taken or are not 
107.35  likely to take actions to protect the child from maltreatment or 
107.36  risk of maltreatment. 
108.1      (c) This subdivision does not mean that maltreatment has 
108.2   occurred solely because the child's parent, guardian, or other 
108.3   person responsible for the child's care in good faith selects 
108.4   and depends upon spiritual means or prayer for treatment or care 
108.5   of disease or remedial care of the child, in lieu of medical 
108.6   care.  However, if lack of medical care may result in serious 
108.7   danger to the child's health, the local welfare agency may 
108.8   ensure that necessary medical services are provided to the child.
108.9      (d) When determining whether the facility or individual is 
108.10  the responsible party for determined maltreatment in a facility, 
108.11  the investigating agency shall consider at least the following 
108.12  mitigating factors: 
108.13     (1) whether the actions of the facility or the individual 
108.14  caregivers were according to, and followed the terms of, an 
108.15  erroneous physician order, prescription, individual care plan, 
108.16  or directive; however, this is not a mitigating factor when the 
108.17  facility or caregiver was responsible for the issuance of the 
108.18  erroneous order, prescription, individual care plan, or 
108.19  directive or knew or should have known of the errors and took no 
108.20  reasonable measures to correct the defect before administering 
108.21  care; 
108.22     (2) comparative responsibility between the facility, other 
108.23  caregivers, and requirements placed upon an employee, including 
108.24  the facility's compliance with related regulatory standards and 
108.25  the adequacy of facility policies and procedures, facility 
108.26  training, an individual's participation in the training, the 
108.27  caregiver's supervision, and facility staffing levels and the 
108.28  scope of the individual employee's authority and discretion; and 
108.29     (3) whether the facility or individual followed 
108.30  professional standards in exercising professional judgment. 
108.31     Individual counties may implement more detailed definitions 
108.32  or criteria that indicate which allegations to investigate, as 
108.33  long as a county's policies are consistent with the definitions 
108.34  in the statutes and rules and are approved by the county board.  
108.35  Each local welfare agency shall periodically inform mandated 
108.36  reporters under subdivision 3 who work in the county of the 
109.1   definitions of maltreatment in the statutes and rules and any 
109.2   additional definitions or criteria that have been approved by 
109.3   the county board. 
109.4      Sec. 15.  Minnesota Statutes 2000, section 626.556, 
109.5   subdivision 10i, is amended to read: 
109.6      Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
109.7   DETERMINATION OF MALTREATMENT.] (a) An individual or facility 
109.8   that the commissioner ~~or~~ of human services, a local social 
109.9   service agency, or the commissioner of children, families, and 
109.10  learning determines has maltreated a child, or the child's 
109.11  designee, regardless of the determination, who contests the 
109.12  investigating agency's final determination regarding 
109.13  maltreatment, may request the investigating agency to reconsider 
109.14  its final determination regarding maltreatment.  The request for 
109.15  reconsideration must be submitted in writing to the 
109.16  investigating agency within 15 calendar days after receipt of 
109.17  notice of the final determination regarding maltreatment.  
109.18     (b) If the investigating agency denies the request or fails 
109.19  to act upon the request within 15 calendar days after receiving 
109.20  the request for reconsideration, the person or facility entitled 
109.21  to a fair hearing under section 256.045 may submit to the 
109.22  commissioner of human services or the commissioner of children, 
109.23  families, and learning a written request for a hearing under 
109.24  that section.  Section 256.045 also governs hearings requested 
109.25  to contest a final determination of the commissioner of 
109.26  children, families, and learning. 
109.27     (c) If, as a result of the reconsideration, the 
109.28  investigating agency changes the final determination of 
109.29  maltreatment, that agency shall notify the parties specified in 
109.30  subdivisions 10b, 10d, and 10f. 
109.31     (d) If an individual or facility contests the investigating 
109.32  agency's final determination regarding maltreatment by 
109.33  requesting a fair hearing under section 256.045, the 
109.34  commissioner of human services shall assure that the hearing is 
109.35  conducted and a decision is reached within 90 days of receipt of 
109.36  the request for a hearing.  The time for action on the decision 
110.1   may be extended for as many days as the hearing is postponed or 
110.2   the record is held open for the benefit of either party. 
110.3      Sec. 16.  Minnesota Statutes 2000, section 626.556, 
110.4   subdivision 10j, is amended to read: 
110.5      Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
110.6   local social services or child protection agency, or the agency 
110.7   responsible for assessing or investigating the report of 
110.8   maltreatment, may provide relevant private data on individuals 
110.9   obtained under this section to mandated reporters who have an 
110.10  ongoing responsibility for the health, education, or welfare of 
110.11  a child affected by the data, in the best interests of the 
110.12  child.  Mandated reporters with ongoing responsibility for the 
110.13  health, education, or welfare of a child affected by the data 
110.14  include the child's teachers or other appropriate school 
110.15  personnel, foster parents, health care providers, respite care 
110.16  workers, therapists, social workers, child care providers, 
110.17  residential care staff, crisis nursery staff, probation 
110.18  officers, and court services personnel.  Under this section, a 
110.19  mandated reporter need not have made the report to be considered 
110.20  a person with ongoing responsibility for the health, education, 
110.21  or welfare of a child affected by the data.  Data provided under 
110.22  this section must be limited to data pertinent to the 
110.23  individual's responsibility for caring for the child. 
110.24     Sec. 17.  Minnesota Statutes 2000, section 626.556, 
110.25  subdivision 11, is amended to read: 
110.26     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
110.27  (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
110.28  concerning individuals maintained by a local welfare agency or 
110.29  agency responsible for assessing or investigating the report 
110.30  under this section, including any written reports filed under 
110.31  subdivision 7, shall be private data on individuals, except 
110.32  insofar as copies of reports are required by subdivision 7 to be 
110.33  sent to the local police department or the county sheriff.  All 
110.34  records concerning determinations of maltreatment by a facility 
110.35  are nonpublic data as maintained by the department of children, 
110.36  families, and learning, except insofar as copies of reports are 
111.1   required by subdivision 7 to be sent to the local police 
111.2   department or the county sheriff.  Reports maintained by any 
111.3   police department or the county sheriff shall be private data on 
111.4   individuals except the reports shall be made available to the 
111.5   investigating, petitioning, or prosecuting authority, including 
111.6   county medical examiners or county coroners.  Section 13.82, 
111.7   subdivisions 7, 5a, and 5b, apply to law enforcement data other 
111.8   than the reports.  The local social services agency or agency 
111.9   responsible for assessing or investigating the report shall make 
111.10  available to the investigating, petitioning, or prosecuting 
111.11  authority, including county medical examiners or county coroners 
111.12  or their professional delegates, any records which contain 
111.13  information relating to a specific incident of neglect or abuse 
111.14  which is under investigation, petition, or prosecution and 
111.15  information relating to any prior incidents of neglect or abuse 
111.16  involving any of the same persons.  The records shall be 
111.17  collected and maintained in accordance with the provisions of 
111.18  chapter 13.  In conducting investigations and assessments 
111.19  pursuant to this section, the notice required by section 13.04, 
111.20  subdivision 2, need not be provided to a minor under the age of 
111.21  ten who is the alleged victim of abuse or neglect.  An 
111.22  individual subject of a record shall have access to the record 
111.23  in accordance with those sections, except that the name of the 
111.24  reporter shall be confidential while the report is under 
111.25  assessment or investigation except as otherwise permitted by 
111.26  this subdivision.  Any person conducting an investigation or 
111.27  assessment under this section who intentionally discloses the 
111.28  identity of a reporter prior to the completion of the 
111.29  investigation or assessment is guilty of a misdemeanor.  After 
111.30  the assessment or investigation is completed, the name of the 
111.31  reporter shall be confidential.  The subject of the report may 
111.32  compel disclosure of the name of the reporter only with the 
111.33  consent of the reporter or upon a written finding by the court 
111.34  that the report was false and that there is evidence that the 
111.35  report was made in bad faith.  This subdivision does not alter 
111.36  disclosure responsibilities or obligations under the rules of 
112.1   criminal procedure. 
112.2      (b) Upon request of the legislative auditor, data on 
112.3   individuals maintained under this section must be released to 
112.4   the legislative auditor in order for the auditor to fulfill the 
112.5   auditor's duties under section 3.971.  The auditor shall 
112.6   maintain the data in accordance with chapter 13.  
112.7      (c) The commissioner of children, families, and learning 
112.8   must be provided with all requested data that are relevant to a 
112.9   report of maltreatment and are in possession of a school 
112.10  facility as defined in subdivision 2, paragraph (f), when the 
112.11  data is requested pursuant to an assessment or investigation of 
112.12  a maltreatment report of a student in a school.  If the 
112.13  commissioner of children, families, and learning makes a 
112.14  determination of maltreatment involving an individual performing 
112.15  work within a school facility who is licensed by a board or 
112.16  other agency, the commissioner shall provide necessary and 
112.17  relevant information to the licensing entity to enable the 
112.18  entity to fulfill its statutory duties.  Notwithstanding section 
112.19  13.03, subdivision 4, data received by a licensing entity under 
112.20  this paragraph are governed by section 13.41 or other applicable 
112.21  law governing data of the receiving entity, except that this 
112.22  section applies to the classification of and access to data on 
112.23  the reporter of the maltreatment. 
112.24     Sec. 18.  [EFFECTIVE DATE.] 
112.25     Sections 1 to 17 are effective the day following final 
112.26  enactment.