1.1 	A bill for an act
1.2 	relating to human services; modifying provisions related to children and 
1.3 	family services; reforming adoptions under guardianship of the commissioner; 
1.4 	modifying statutory provisions related to child support;amending Minnesota 
1.5 	Statutes 2010, sections 13.46, subdivision 2; 13.461, subdivision 17; 13.465, 
1.6 	by adding a subdivision; 145.902, subdivision 1; 256.998, subdivisions 1, 5; 
1.7 	256J.24, subdivision 5; 259.22, subdivision 2; 259.23, subdivision 1; 259.24, 
1.8 	subdivisions 1, 3, 5, 6a, 7; 259.29, subdivision 2; 260C.193, subdivision 3; 
1.9 	260C.201, subdivision 11a; 260C.212, subdivisions 1, 2, 5, 7; 260C.217; 
1.10 	260C.317, subdivisions 3, 4; 260C.325, subdivisions 1, 3, 4; 260C.328; 541.04; 
1.11 	548.09, subdivision 1; 626.556, subdivisions 2, 10f, 10i, 11; proposing coding 
1.12 	for new law in Minnesota Statutes, chapter 260C; repealing Minnesota Statutes 
1.13 	2010, section 256.022.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	Section 1. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:
1.16 		Subd. 2.General. (a) Unless the data is summary data or a statute specifically 
1.17 	provides a different classification, data on individuals collected, maintained, used, or 
1.18 	disseminated by the welfare system is private data on individuals, and shall not be 
1.19 	disclosed except:
1.20 	(1) according to section 13.05;
1.21 	(2) according to court order;
1.22 	(3) according to a statute specifically authorizing access to the private data;
1.23 	(4) to an agent of the welfare system, including a law enforcement person, attorney, 
1.24 	or investigator acting for it in the investigation or prosecution of a criminal or civil 
1.25 	proceeding relating to the administration of a program;
1.26 	(5) to personnel of the welfare system who require the data to verify an individual's 
1.27 	identity; determine eligibility, amount of assistance, and the need to provide services to 
2.1 	an individual or family across programs; evaluate the effectiveness of programs; assess 
2.2 	parental contribution amounts; and investigate suspected fraud;
2.3 	(6) to administer federal funds or programs;
2.4 	(7) between personnel of the welfare system working in the same program;
2.5 	(8) to the Department of Revenue to assess parental contribution amounts for 
2.6 	purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 
2.7 	programs and to identify individuals who may benefit from these programs. The following 
2.8 	information may be disclosed under this paragraph: an individual's and their dependent's 
2.9 	names, dates of birth, Social Security numbers, income, addresses, and other data as 
2.10 	required, upon request by the Department of Revenue. Disclosures by the commissioner 
2.11 	of revenue to the commissioner of human services for the purposes described in this clause 
2.12 	are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 
2.13 	but are not limited to, the dependent care credit under section 290.067, the Minnesota 
2.14 	working family credit under section 290.0671, the property tax refund and rental credit 
2.15 	under section 290A.04, and the Minnesota education credit under section 290.0674;
2.16 	(9) between the Department of Human Services, the Department of Employment 
2.17 	and Economic Development, and when applicable, the Department of Education, for 
2.18 	the following purposes:
2.19 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
2.20 	employment or training program administered, supervised, or certified by that agency;
2.21 	(ii) to administer any rehabilitation program or child care assistance program, 
2.22 	whether alone or in conjunction with the welfare system;
2.23 	(iii) to monitor and evaluate the Minnesota family investment program or the child 
2.24 	care assistance program by exchanging data on recipients and former recipients of food 
2.25 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
2.26 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
2.27 	(iv) to analyze public assistance employment services and program utilization, 
2.28 	cost, effectiveness, and outcomes as implemented under the authority established in Title 
2.29 	II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 
2.30 	1999. Health records governed by sections 144.291 to 144.298 and "protected health 
2.31 	information" as defined in Code of Federal Regulations, title 45, section 160.103, and 
2.32 	governed by Code of Federal Regulations, title 45, parts 160-164, including health care 
2.33 	claims utilization information, must not be exchanged under this clause;
2.34 	(10) to appropriate parties in connection with an emergency if knowledge of 
2.35 	the information is necessary to protect the health or safety of the individual or other 
2.36 	individuals or persons;
3.1 	(11) data maintained by residential programs as defined in section 245A.02 may 
3.2 	be disclosed to the protection and advocacy system established in this state according 
3.3 	to Part C of Public Law 98-527 to protect the legal and human rights of persons with 
3.4 	developmental disabilities or other related conditions who live in residential facilities for 
3.5 	these persons if the protection and advocacy system receives a complaint by or on behalf 
3.6 	of that person and the person does not have a legal guardian or the state or a designee of 
3.7 	the state is the legal guardian of the person;
3.8 	(12) to the county medical examiner or the county coroner for identifying or locating 
3.9 	relatives or friends of a deceased person;
3.10 	(13) data on a child support obligor who makes payments to the public agency 
3.11 	may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 
3.12 	determine eligibility under section 136A.121, subdivision 2, clause (5);
3.13 	(14) participant Social Security numbers and names collected by the telephone 
3.14 	assistance program may be disclosed to the Department of Revenue to conduct an 
3.15 	electronic data match with the property tax refund database to determine eligibility under 
3.16 	section 237.70, subdivision 4a;
3.17 	(15) the current address of a Minnesota family investment program participant 
3.18 	may be disclosed to law enforcement officers who provide the name of the participant 
3.19 	and notify the agency that:
3.20 	(i) the participant:
3.21 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
3.22 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
3.23 	jurisdiction from which the individual is fleeing; or
3.24 	(B) is violating a condition of probation or parole imposed under state or federal law;
3.25 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
3.26 	official duties; and
3.27 	(iii) the request is made in writing and in the proper exercise of those duties;
3.28 	(16) the current address of a recipient of general assistance or general assistance 
3.29 	medical care may be disclosed to probation officers and corrections agents who are 
3.30 	supervising the recipient and to law enforcement officers who are investigating the 
3.31 	recipient in connection with a felony level offense;
3.32 	(17) information obtained from food support applicant or recipient households may 
3.33 	be disclosed to local, state, or federal law enforcement officials, upon their written request, 
3.34 	for the purpose of investigating an alleged violation of the Food Stamp Act, according 
3.35 	to Code of Federal Regulations, title 7, section 272.1 (c);
4.1 	(18) the address, Social Security number, and, if available, photograph of any 
4.2 	member of a household receiving food support shall be made available, on request, to a 
4.3 	local, state, or federal law enforcement officer if the officer furnishes the agency with the 
4.4 	name of the member and notifies the agency that:
4.5 	(i) the member:
4.6 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
4.7 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
4.8 	(B) is violating a condition of probation or parole imposed under state or federal 
4.9 	law; or
4.10 	(C) has information that is necessary for the officer to conduct an official duty related 
4.11 	to conduct described in subitem (A) or (B);
4.12 	(ii) locating or apprehending the member is within the officer's official duties; and
4.13 	(iii) the request is made in writing and in the proper exercise of the officer's official 
4.14 	duty;
4.15 	(19) the current address of a recipient of Minnesota family investment program, 
4.16 	general assistance, general assistance medical care, or food support may be disclosed to 
4.17 	law enforcement officers who, in writing, provide the name of the recipient and notify the 
4.18 	agency that the recipient is a person required to register under section 243.166, but is not 
4.19 	residing at the address at which the recipient is registered under section 243.166;
4.20 	(20) certain information regarding child support obligors who are in arrears may be 
4.21 	made public according to section 518A.74;
4.22 	(21) data on child support payments made by a child support obligor and data on 
4.23 	the distribution of those payments excluding identifying information on obligees may be 
4.24 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
4.25 	actions undertaken by the public authority, the status of those actions, and data on the 
4.26 	income of the obligor or obligee may be disclosed to the other party;
4.27 	(22) data in the work reporting system may be disclosed under section 256.998, 
4.28 	subdivision 7;
4.29 	(23) to the Department of Education for the purpose of matching Department of 
4.30 	Education student data with public assistance data to determine students eligible for free 
4.31 	and reduced-price meals, meal supplements, and free milk according to United States 
4.32 	Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 
4.33 	state funds that are distributed based on income of the student's family; and to verify 
4.34 	receipt of energy assistance for the telephone assistance plan;
4.35 	(24) the current address and telephone number of program recipients and emergency 
4.36 	contacts may be released to the commissioner of health or a local board of health as 
5.1 	defined in section 145A.02, subdivision 2, when the commissioner or local board of health 
5.2 	has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 
5.3 	risk of illness, and the data are necessary to locate the person;
5.4 	(25) to other state agencies, statewide systems, and political subdivisions of this 
5.5 	state, including the attorney general, and agencies of other states, interstate information 
5.6 	networks, federal agencies, and other entities as required by federal regulation or law for 
5.7 	the administration of the child support enforcement program;
5.8 	(26) to personnel of public assistance programs as defined in section 256.741, for 
5.9 	access to the child support system database for the purpose of administration, including 
5.10 	monitoring and evaluation of those public assistance programs;
5.11 	(27) to monitor and evaluate the Minnesota family investment program by 
5.12 	exchanging data between the Departments of Human Services and Education, on 
5.13 	recipients and former recipients of food support, cash assistance under chapter 256, 256D, 
5.14 	256J, or 256K, child care assistance under chapter 119B, or medical programs under 
5.15 	chapter 256B, 256D, or 256L;
5.16 	(28) to evaluate child support program performance and to identify and prevent 
5.17 	fraud in the child support program by exchanging data between the Department of Human 
5.18 	Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 
5.19 	and (b), without regard to the limitation of use in paragraph (c), Department of Health, 
5.20 	Department of Employment and Economic Development, and other state agencies as is 
5.21 	reasonably necessary to perform these functions;
5.22 	(29) counties operating child care assistance programs under chapter 119B may 
5.23 	disseminate data on program participants, applicants, and providers to the commissioner 
5.24 	of education; or
5.25 	(30) child support data on the parents and the child may be disclosed to agencies 
5.26 	administering programs under titles IV-B and IV-E of the Social Security Act, as provided 
5.27 	by federal law. Data may be disclosed only to the extent necessary for the purpose of 
5.28 	establishing parentage or for determining who has or may have parental rights with respect 
5.29 	to a child, which could be related to permanency planning.
5.30 	(b) Information on persons who have been treated for drug or alcohol abuse may 
5.31 	only be disclosed according to the requirements of Code of Federal Regulations, title 
5.32 	42, sections 2.1 to 2.67.
5.33 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), 
5.34 	(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 
5.35 	nonpublic while the investigation is active. The data are private after the investigation 
5.36 	becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
6.1 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is 
6.2 	not subject to the access provisions of subdivision 10, paragraph (b).
6.3 	For the purposes of this subdivision, a request will be deemed to be made in writing 
6.4 	if made through a computer interface system.

6.5 	Sec. 2. Minnesota Statutes 2010, section 13.461, subdivision 17, is amended to read:
6.6 		Subd. 17.Maltreatment review panels. Data of the vulnerable adult maltreatment 
6.7 	review panel or the child maltreatment review panel are classified under section 256.021
6.8 	or 256.022.

6.9 	Sec. 3. Minnesota Statutes 2010, section 13.465, is amended by adding a subdivision 
6.10 	to read:
6.11 		Subd. 5a.Adoptive parent. Certain data that may be disclosed to a prospective 
6.12 	adoptive parent is governed by section 260C.613, subdivision 2.

6.13 	Sec. 4. Minnesota Statutes 2010, section 145.902, subdivision 1, is amended to read:
6.14 		Subdivision 1.General. (a) For purposes of this section, a "safe place" means a 
6.15 	hospital licensed under sections 144.50 to 144.56, a medical clinic, a police department, 
6.16 	or a fire department.
6.17 	(b) A hospital licensed under sections 144.50 to 144.56safe place shall receive a 
6.18 	newborn left with a hospital employee on the hospital premises, provided that:
6.19 	(1) the newborn was born within 72 hours seven days of being left at the hospital
6.20 	safe place, as determined within a reasonable degree of medical certainty; and
6.21 	(2) the newborn is left in an unharmed condition.
6.22 	(b)(c) During its hours of operation, the hospitalsafe place must not inquire as to 
6.23 	the identity of the mother or the person leaving the newborn or call the police, provided 
6.24 	the newborn is unharmed when presented to the hospital. During its hours of operation, 
6.25 	the hospital safe place may ask the mother or the person leaving the newborn about 
6.26 	the medical history of the mother or newborn but the mother or the person leaving the 
6.27 	newborn is not required to provide any information. During its hours of operation, the 
6.28 	hospital safe place may provide the mother or the person leaving the newborn with 
6.29 	information about how to contact relevant social service agencies.

6.30 	Sec. 5. Minnesota Statutes 2010, section 256.998, subdivision 1, is amended to read:
6.31 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
6.32 	section.
7.1 	(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is 
7.2 	owed compensation by an employer; or (2) the first day that an employee reports to work 
7.3 	or performs labor or services for an employer.
7.4 	(c) "Earnings" means payment owed by an employer for labor or services rendered 
7.5 	by an employee.
7.6 	(d) "Employee" means a person who resides or works in Minnesota, performs 
7.7 	services for compensation, in whatever form, for an employer and satisfies the criteria of 
7.8 	an employee under chapter 24 of the Internal Revenue Code. Employee does not include:
7.9 	(1) persons hired for domestic service in the private home of the employer, as 
7.10 	defined in the Federal Tax Code; or
7.11 	(2) an employee of the federal or state agency performing intelligence or 
7.12 	counterintelligence functions, if the head of such agency has determined that reporting 
7.13 	according to this law would endanger the safety of the employee or compromise an 
7.14 	ongoing investigation or intelligence mission.
7.15 	(e) "Employer" means a person or entity located or doing business in this state that 
7.16 	employs one or more employees for payment, and satisfies the criteria of an employer 
7.17 	under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as 
7.18 	defined in paragraph (g). Employer also includes the state, political or other governmental 
7.19 	subdivisions of the state, and the federal government.
7.20 	(f) "Hiring" means engaging a person to perform services for compensation and 
7.21 	includes the reemploying or return to work of any previous employee who was laid off, 
7.22 	furloughed, separated, granted a leave without pay, or terminated from employment when 
7.23 	a period of 90 60 days elapses from the date of layoff, furlough, separation, leave, or 
7.24 	termination to the date of the person's return to work.
7.25 	(g) "Labor organization" means entities located or doing business in this state that 
7.26 	meet the criteria of labor organization under section 2(5) of the National Labor Relations 
7.27 	Act. This includes any entity, that may also be known as a hiring hall, used to carry out 
7.28 	requirements described in chapter 7 of the National Labor Relations Act.
7.29 	(h) "Payor" means a person or entity located or doing business in Minnesota who 
7.30 	pays money to an independent contractor according to an agreement for the performance 
7.31 	of services.

7.32 	Sec. 6. Minnesota Statutes 2010, section 256.998, subdivision 5, is amended to read:
7.33 		Subd. 5.Report contents. Reports required under this section must contain: all 
7.34 	the information required by federal law.
8.1 	(1) the employee's name, address, Social Security number, and date of birth when 
8.2 	available, which can be handwritten or otherwise added to the W-4 form, W-9 form, or 
8.3 	other document submitted; and
8.4 	(2) the employer's name, address, and federal identification number.

8.5 	Sec. 7. Minnesota Statutes 2010, section 256J.24, subdivision 5, is amended to read:
8.6 		Subd. 5.MFIP transitional standard. The MFIP transitional standard is based 
8.7 	on the number of persons in the assistance unit eligible for both food and cash assistance 
8.8 	unless the restrictions in subdivision 6 on the birth of a child apply. The following table 
8.9 	represents the transitional standards including a breakdown of the cash and food portions 
8.10 	effective October 1, 2009.

8.11	Number of Eligible People
	Transitional Standard
	Cash Portion
	Food Portion

8.12	1
	$428:
	$250
	$178
		
8.13	2
	$764:
	$437
	$327
		
8.14	3
	$1,005:
	$532
	$473
		
8.15	4
	 $1,222:
	$621
	$601
		
8.16	5
	 $1,399:
	$697
	$702
		
8.17	6
	 $1,608:
	$773
	$835
		
8.18	7
	 $1,754:
	$850
	$904
		
8.19	8
	 $1,940:
	$916
	$1,024
		
8.20	9
	 $2,125:
	$980
	$1,145
		
8.21	10
	 $2,304:
	$1,035
	$1,269
		
8.22	over 10
	add  $178:
	$53
	$125
		
8.23	per additional member.
				
8.24 	The amount of the transitional standard is published annually by the Department of 
8.25 	Human Services.

8.26 	Sec. 8. Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read:
8.27 		Subd. 2.Persons who may be adopted. No petition for adoption shall be filed 
8.28 	unless the person sought to be adopted has been placed by the commissioner of human 
8.29 	services, the commissioner's agent, or a licensed child-placing agency. The provisions of 
8.30 	this subdivision shall not apply if:
8.31 	(1) the person to be adopted is over 14 years of age;
8.32 	(2) the child is sought to be adopted by an individual who is related to the child, as 
8.33 	defined by section 245A.02, subdivision 13;
8.34 	(3) the child has been lawfully placed under the laws of another state while the child 
8.35 	and petitioner resided in that other state;
9.1 	(4) the court waives the requirement of this subdivision in the best interests of the 
9.2 	child or petitioners, provided that the adoption does not involve a placement as defined in 
9.3 	section 259.21, subdivision 8; or
9.4 	(5) the child has been lawfully placed under section 259.47.

9.5 	Sec. 9. Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read:
9.6 		Subdivision 1.Venue. (a) Except as provided in section 260C.101, subdivision 2,
9.7 	The juvenile court shall have original jurisdiction in all adoption proceedings. The proper 
9.8 	venue for an adoption proceeding shall be the county of the petitioner's residence, except 
9.9 	as provided in paragraph (b) section 260C.621, subdivision 2, for the adoption of children 
9.10 	under the guardianship of the commissioner.
9.11 	(b) Venue for the adoption of a child committed to the guardianship of the 
9.12 	commissioner of human services shall be the county with jurisdiction in the matter 
9.13 	according to section 260C.317, subdivision 3.
9.14 	(c) Upon request of the petitioner, the court having jurisdiction over the matter under 
9.15 	section 260C.317, subdivision 3, may transfer venue of an adoption proceeding involving 
9.16 	a child under the guardianship of the commissioner to the county of the petitioner's 
9.17 	residence upon determining that:
9.18 	(1) the commissioner has given consent to the petitioner's adoption of the child 
9.19 	or that consent is unreasonably withheld;
9.20 	(2) there is no other adoption petition for the child that has been filed or is reasonably 
9.21 	anticipated by the commissioner or the commissioner's delegate to be filed; and
9.22 	(3) transfer of venue is in the best interests of the child.
9.23 	Transfer of venue under this paragraph shall be according to the rules of adoption court 
9.24 	procedure.
9.25 	(d) (b) In all other adoptions under this chapter, if the petitioner has acquired a new 
9.26 	residence in another county and requests a transfer of the adoption proceeding, the court in 
9.27 	which an adoption is initiated may transfer the proceeding to the appropriate court in the 
9.28 	new county of residence if the transfer is in the best interests of the person to be adopted. 
9.29 	The court transfers the proceeding by ordering a continuance and by forwarding to the 
9.30 	court administrator of the appropriate court a certified copy of all papers filed, together 
9.31 	with an order of transfer. The transferring court also shall forward copies of the order 
9.32 	of transfer to the commissioner of human services and any agency participating in the 
9.33 	proceedings. The judge of the receiving court shall accept the order of the transfer and any 
9.34 	other documents transmitted and hear the case; provided, however, the receiving court 
9.35 	may in its discretion require the filing of a new petition prior to the hearing.

10.1 	Sec. 10. Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read:
10.2 		Subdivision 1.Exceptions. (a) No child shall be adopted without the consent of the 
10.3 	child's parents and the child's guardian, if there be one, except in the following instances
10.4 	consent is not required of a parent:
10.5 	(a) Consent shall not be required of a parent(1) who is not entitled to notice of the 
10.6 	proceedings.;
10.7 	(b) Consent shall not be required of a parent(2) who has abandoned the child, or 
10.8 	of a parent who has lost custody of the child through a divorce decree or a decree of 
10.9 	dissolution, and upon whom notice has been served as required by section 259.49.; or
10.10 	(c) Consent shall not be required of a parent (3) whose parental rights to the child 
10.11 	have been terminated by a juvenile court or who has lost custody of a child through a final 
10.12 	commitment of the juvenile court or through a decree in a prior adoption proceeding.
10.13 	(d) If there be no parent or guardian qualified to consent to the adoption, the 
10.14 	consent shall be given by the commissioner. After the court accepts a parent's consent 
10.15 	to the adoption under section 260C.201, subdivision 11, consent by the commissioner 
10.16 	or commissioner's delegate is also necessary. Agreement to the identified prospective 
10.17 	adoptive parent by the responsible social services agency under section 260C.201, 
10.18 	subdivision 11, does not constitute the required consent.
10.19 	(e) (b) If there is no parent or guardian qualified to consent to the adoption, the 
10.20 	commissioner or agency having authority to place a child for adoption pursuant to section 
10.21 	259.25, subdivision 1, shall have the exclusive right to consent to the adoption of such the
10.22 	child. The commissioner or agency shall make every effort to place siblings together for 
10.23 	adoption. Notwithstanding any rule to the contrary, the commissioner may delegate the 
10.24 	right to consent to the adoption or separation of siblings, if it is in the child's best interest, 
10.25 	to a local social services agency.

10.26 	Sec. 11. Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read:
10.27 		Subd. 3.Child. When the child to be adopted is over 14 years of age, the child's 
10.28 	written consent to adoption by a particular person is also necessary. A child of any age 
10.29 	who is under the guardianship of the commissioner and is legally available for adoption 
10.30 	may not refuse or waive the commissioner's agent's exhaustive efforts to recruit, identify, 
10.31 	and place the child in an adoptive home required under section 260C.317, subdivision 
10.32 	3, paragraph (b), or sign a document relieving county social services agencies of all 
10.33 	recruitment efforts on the child's behalf.

10.34 	Sec. 12. Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read:
11.1 		Subd. 5.Execution. All consents to an adoption shall be in writing, executed 
11.2 	before two competent witnesses, and acknowledged by the consenting party. In addition, 
11.3 	all consents to an adoption, except those by the commissioner, the commissioner's agent, 
11.4 	a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for 
11.5 	adoption by a stepparent, shall be executed before a representative of the commissioner, 
11.6 	the commissioner's agent, or a licensed child-placing agency. All consents by a parent
11.7 	to adoption under this chapter:
11.8 	(1) shall contain notice to the parent of the substance of subdivision 6a, providing 
11.9 	for the right to withdraw consent unless the parent will not have the right to withdraw 
11.10 	consent because consent was executed under section 260C.201, subdivision 11, following 
11.11 	proper notice that consent given under that provision is irrevocable upon acceptance by 
11.12 	the court as provided in subdivision 6a; and
11.13 	(2) shall contain the following written notice in all capital letters at least one-eighth 
11.14 	inch high:
11.15 	"This The agency responsible for supervising the adoptive placement of the child
11.16 	will submit your consent to adoption to the court. The consent itself does not terminate 
11.17 	your parental rights. Parental rights to a child may be terminated only by an adoption 
11.18 	decree or by a court order terminating parental rights. Unless the child is adopted or your 
11.19 	parental rights are terminated, you may be asked to support the child."
11.20 	Consents shall be filed in the adoption proceedings at any time before the matter 
11.21 	is heard provided, however, that a consent executed and acknowledged outside of this 
11.22 	state, either in accordance with the law of this state or in accordance with the law of the 
11.23 	place where executed, is valid.

11.24 	Sec. 13. Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read:
11.25 		Subd. 6a.Withdrawal of consent. Except for consents executed under section 
11.26 	260C.201, subdivision 11, A parent's consent to adoption under this chapter may be 
11.27 	withdrawn for any reason within ten working days after the consent is executed and 
11.28 	acknowledged. No later than the tenth working day after the consent is executed and 
11.29 	acknowledged, written notification of withdrawal of consent must be received by the 
11.30 	agency to which the child was surrendered no later than the tenth working day after the 
11.31 	consent is executed and acknowledged. On the day following the tenth working day after 
11.32 	execution and acknowledgment, the consent shall become irrevocable, except upon order 
11.33 	of a court of competent jurisdiction after written findings that consent was obtained by 
11.34 	fraud. A consent to adopt executed under section 260C.201, subdivision 11, is irrevocable 
11.35 	upon proper notice to both parents of the effect of a consent to adopt and acceptance by 
12.1 	the court, except upon order of the same court after written findings that the consent was 
12.2 	obtained by fraud. In proceedings to determine the existence of fraud, the adoptive parents 
12.3 	and the child shall be made parties. The proceedings shall be conducted to preserve the 
12.4 	confidentiality of the adoption process. There shall be no presumption in the proceedings 
12.5 	favoring the birth parents over the adoptive parents.

12.6 	Sec. 14. Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read:
12.7 		Subd. 7.Withholding consent; reason. Consent to an adoption shall not be 
12.8 	unreasonably withheld by a guardian, who is not a parent of the child, by the commissioner
12.9 	or by an agency.

12.10 	Sec. 15. Minnesota Statutes 2010, section 259.29, subdivision 2, is amended to read:
12.11 		Subd. 2.Placement with relative or friend. The authorized child-placing agency 
12.12 	shall consider placement, consistent with the child's best interests and in the following 
12.13 	order, with (1) a relative or relatives of the child, or (2) an important friend with whom the 
12.14 	child has resided or had significant contact. In implementing this section, an authorized 
12.15 	child-placing agency may disclose private or confidential data, as defined in section 13.02, 
12.16 	to relatives of the child for the purpose of locating a suitable adoptive home. The agency 
12.17 	shall disclose only data that is necessary to facilitate implementing the preference.
12.18 	If the child's birth parent or parents explicitly request that placement with relatives a 
12.19 	specific relative or important friends friend not be considered, the authorized child-placing 
12.20 	agency shall honor that request if it is consistent with the best interests of the child and 
12.21 	consistent with the requirements of section 260C.221.
12.22 	If the child's birth parent or parents express a preference for placing the child in an 
12.23 	adoptive home of the same or a similar religious background to that of the birth parent 
12.24 	or parents, the agency shall place the child with a family that meets the birth parent's 
12.25 	religious preference.
12.26 	This subdivision does not affect the Indian Child Welfare Act, United States 
12.27 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
12.28 	Act, sections 260.751 to 260.835.

12.29 	Sec. 16. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
12.30 		Subd. 3.Best interest of the child in foster care or residential care. (a) The 
12.31 	policy of the state is to ensure that the best interests of children in foster or residential care 
12.32 	are met by requiring individualized determinations under section 260C.212, subdivision 
13.1 	2, paragraph (b) 260C.221, of the needs of the child and of how the selected placement 
13.2 	will serve the needs of the child in foster care placements.
13.3 	(b) The court shall review whether the responsible social services agency made 
13.4 	efforts as required under section 260C.212, subdivision 5 260C.221, and made an 
13.5 	individualized determination as required under section 260C.212, subdivision 2. If 
13.6 	the court finds the agency has not made efforts as required under section 260C.212, 
13.7 	subdivision 5 260C.221, and there is a relative who qualifies to be licensed to provide 
13.8 	family foster care under chapter 245A, the court may order the child placed with the 
13.9 	relative consistent with the child's best interests.
13.10 	(c) If the child's birth parent or parents explicitly request that a relative or important 
13.11 	friend not be considered, the court shall honor that request if it is consistent with the 
13.12 	best interests of the child and consistent with the requirements of section 260C.221. If 
13.13 	the child's birth parent or parents express a preference for placing the child in a foster or 
13.14 	adoptive home of the same or a similar religious background to that of the birth parent 
13.15 	or parents, the court shall order placement of the child with an individual who meets the 
13.16 	birth parent's religious preference.
13.17 	(d) Placement of a child cannot be delayed or denied based on race, color, or national 
13.18 	origin of the foster parent or the child.
13.19 	(e) Whenever possible, siblings should be placed together unless it is determined 
13.20 	not to be in the best interests of a sibling. If siblings are not placed together according to 
13.21 	section 260C.212, subdivision 2, paragraph (d), the responsible social services agency 
13.22 	shall report to the court the efforts made to place the siblings together and why the 
13.23 	efforts were not successful. If the court is not satisfied with the agency's efforts to place 
13.24 	siblings together, the court may order the agency to make further efforts. If siblings are 
13.25 	not placed together the court shall review the responsible social services agency's plan 
13.26 	for visitation among siblings required as part of the out-of-home placement plan under 
13.27 	section 260C.212.
13.28 	(f) This subdivision does not affect the Indian Child Welfare Act, United States 
13.29 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
13.30 	Act, sections 260.751 to 260.835.

13.31 	Sec. 17. Minnesota Statutes 2010, section 260C.201, subdivision 11a, is amended to 
13.32 	read:
13.33 		Subd. 11a.Permanency progress review for children under eight in foster care 
13.34 	for six months. (a) If the child was under eight years of age at the time the petition 
13.35 	was filed alleging the child was in need of protection or services, and the When a child 
14.1 	continues in placement out of the home of the parent or guardian from whom the child 
14.2 	was removed, no later than six months after the child's placement the court shall conduct a 
14.3 	permanency progress hearing to review:
14.4 	(1) the progress of the case, the parent's progress on the case plan or out-of-home 
14.5 	placement plan, and whichever is applicable;
14.6 	(2) the agency's reasonable, or in the case of an Indian child, active efforts for 
14.7 	reunification and its provision of services.; and
14.8 	(3) the agency's reasonable efforts to finalize the permanent plan for the child 
14.9 	under section 260.012, paragraph (e), and to make a placement as required under section 
14.10 	260C.212, subdivision 2, in a home that will commit to being the legally permanent 
14.11 	family for the child in the event the child cannot return home according to the timelines 
14.12 	in this section.
14.13 	(b) Based on its assessment of the parent's or guardian's progress on the out-of-home 
14.14 	placement plan, the responsible social services agency must ask the county attorney to file 
14.15 	a petition for termination of parental rights, a petition for transfer of permanent legal and 
14.16 	physical custody to a relative, or the report required under juvenile court rules.
14.17 	(b) The court shall ensure that notice of the hearing is sent to any relative who:
14.18 	(1) responded to the agency's notice provided under section 260C.212, subdivision 
14.19 	5, paragraph (a); or
14.20 	(2) asked to be notified of court proceedings regarding the child as is permitted in 
14.21 	section 260C.152, subdivision 5.
14.22 	(c)(1) If the parent or guardian has maintained contact with the child and is 
14.23 	complying with the court-ordered out-of-home placement plan, and if the child would 
14.24 	benefit from reunification with the parent, the court may either:
14.25 	(i) return the child home, if the conditions which led to the out-of-home placement 
14.26 	have been sufficiently mitigated that it is safe and in the child's best interests to return 
14.27 	home; or
14.28 	(ii) continue the matter up to a total of six additional months. If the child has not 
14.29 	returned home by the end of the additional six months, the court must conduct a hearing 
14.30 	according to subdivision 11.
14.31 	(2) If the court determines that the parent or guardian is not complying with the 
14.32 	out-of-home placement plan or is not maintaining regular contact with the child as outlined 
14.33 	in the visitation plan required as part of the out-of-home placement plan under section 
14.34 	260C.212, the court may order the responsible social services agency:
14.35 	(i) to develop a plan for legally permanent placement of the child away from the 
14.36 	parent and;
15.1 	(ii) to consider, identify, recruit, and support one or more permanency resources 
15.2 	from the child's relatives and foster parent to be the legally permanent home in the event 
15.3 	the child cannot be returned to the parent. Any relative or the child's foster parent may 
15.4 	ask the court to order the agency to consider them for permanent placement of the child 
15.5 	in the event the child cannot be returned to the parent. A relative or foster parent who 
15.6 	wants to be considered under this item shall cooperate with the background study required 
15.7 	under section 245C.08, if the individual has not already done so, and with the home study 
15.8 	process required under chapter 245A for providing child foster care and for adoption 
15.9 	under section 259.41; the home study referred to in this item shall be a single-home study 
15.10 	in the form required by the commissioner of human services; and
15.11 	(iii) to file a petition to support an order for the legally permanent placement plan.
15.12 	(d) Following the review under paragraphs (b) and (c) this subdivision:
15.13 	(1) if the court has either returned the child home or continued the matter up to a 
15.14 	total of six additional months, the agency shall continue to provide services to support the 
15.15 	child's return home or to make reasonable efforts to achieve reunification of the child and 
15.16 	the parent as ordered by the court under an approved case plan;
15.17 	(2) if the court orders the agency to develop a plan for the transfer of permanent 
15.18 	legal and physical custody of the child to a relative, a petition supporting the plan shall be 
15.19 	filed in juvenile court within 30 days of the hearing required under this subdivision and a 
15.20 	trial on the petition held within 30 60 days of the filing of the pleadings; or
15.21 	(3) if the court orders the agency to file a termination of parental rights, unless the 
15.22 	county attorney can show cause why a termination of parental rights petition should not be 
15.23 	filed, a petition for termination of parental rights shall be filed in juvenile court within 
15.24 	30 days of the hearing required under this subdivision and a trial on the petition held 
15.25 	within 90 60 days of the filing of the petition.

15.26 	Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 1, is amended to read:
15.27 		Subdivision 1.Out-of-home placement; plan. (a) An out-of-home placement plan 
15.28 	shall be prepared within 30 days after any child is placed in foster care by court order or a 
15.29 	voluntary placement agreement between the responsible social services agency and the 
15.30 	child's parent pursuant to subdivision 8 or chapter 260D.
15.31 	(b) An out-of-home placement plan means a written document which is prepared by 
15.32 	the responsible social services agency jointly with the parent or parents or guardian of the 
15.33 	child and in consultation with the child's guardian ad litem, the child's tribe, if the child 
15.34 	is an Indian child, the child's foster parent or representative of the residential foster care
15.35 	facility, and, where appropriate, the child. For a child in voluntary foster care for treatment 
16.1 	under chapter 260D, preparation of the out-of-home placement plan shall additionally 
16.2 	include the child's mental health treatment provider. As appropriate, the plan shall be:
16.3 	(1) submitted to the court for approval under section 260C.178, subdivision 7;
16.4 	(2) ordered by the court, either as presented or modified after hearing, under section 
16.5 	260C.178, subdivision 7, or 260C.201, subdivision 6; and
16.6 	(3) signed by the parent or parents or guardian of the child, the child's guardian ad 
16.7 	litem, a representative of the child's tribe, the responsible social services agency, and, if 
16.8 	possible, the child.
16.9 	(c) The out-of-home placement plan shall be explained to all persons involved in its 
16.10 	implementation, including the child who has signed the plan, and shall set forth:
16.11 	(1) a description of the residential facility foster care home or facility selected
16.12 	including how the out-of-home placement plan is designed to achieve a safe placement 
16.13 	for the child in the least restrictive, most family-like, setting available which is in close 
16.14 	proximity to the home of the parent or parents or guardian of the child when the case plan 
16.15 	goal is reunification, and how the placement is consistent with the best interests and 
16.16 	special needs of the child according to the factors under subdivision 2, paragraph (b);
16.17 	(2) the specific reasons for the placement of the child in a residential facility foster 
16.18 	care, and when reunification is the plan, a description of the problems or conditions in the 
16.19 	home of the parent or parents which necessitated removal of the child from home and the 
16.20 	changes the parent or parents must make in order for the child to safely return home;
16.21 	(3) a description of the services offered and provided to prevent removal of the child 
16.22 	from the home and to reunify the family including:
16.23 	(i) the specific actions to be taken by the parent or parents of the child to eliminate 
16.24 	or correct the problems or conditions identified in clause (2), and the time period during 
16.25 	which the actions are to be taken; and
16.26 	(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 
16.27 	to achieve a safe and stable home for the child including social and other supportive 
16.28 	services to be provided or offered to the parent or parents or guardian of the child, the 
16.29 	child, and the residential facility during the period the child is in the residential facility;
16.30 	(4) a description of any services or resources that were requested by the child or the 
16.31 	child's parent, guardian, foster parent, or custodian since the date of the child's placement 
16.32 	in the residential facility, and whether those services or resources were provided and if 
16.33 	not, the basis for the denial of the services or resources;
16.34 	(5) the visitation plan for the parent or parents or guardian, other relatives as defined 
16.35 	in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 
17.1 	together in foster care, and whether visitation is consistent with the best interest of the 
17.2 	child, during the period the child is in foster care;
17.3 	(6) documentation of steps to finalize the adoption or legal guardianship of the child 
17.4 	if the court has issued an order terminating the rights of both parents of the child or of the 
17.5 	only known, living parent of the child. At a minimum, the documentation must include 
17.6 	child-specific recruitment efforts such as relative search and the use of state, regional, and 
17.7 	national adoption exchanges to facilitate orderly and timely placements in and outside 
17.8 	of the state. A copy of this documentation shall be provided to the court in the review 
17.9 	required under section 260C.317, subdivision 3, paragraph (b);
17.10 	(7) efforts to ensure the child's educational stability while in foster care, including:
17.11 	(i) efforts to ensure that the child in placement remains in the same school in which 
17.12 	the child was enrolled prior to placement or upon the child's move from one placement 
17.13 	to another, including efforts to work with the local education authorities to ensure the 
17.14 	child's educational stability; or
17.15 	(ii) if it is not in the child's best interest to remain in the same school that the child 
17.16 	was enrolled in prior to placement or move from one placement to another, efforts to 
17.17 	ensure immediate and appropriate enrollment for the child in a new school;
17.18 	(8) the educational records of the child including the most recent information 
17.19 	available regarding:
17.20 	(i) the names and addresses of the child's educational providers;
17.21 	(ii) the child's grade level performance;
17.22 	(iii) the child's school record;
17.23 	(iv) a statement about how the child's placement in foster care takes into account 
17.24 	proximity to the school in which the child is enrolled at the time of placement; and
17.25 	(v) any other relevant educational information;
17.26 	(9) the efforts by the local agency to ensure the oversight and continuity of health 
17.27 	care services for the foster child, including:
17.28 	(i) the plan to schedule the child's initial health screens;
17.29 	(ii) how the child's known medical problems and identified needs from the screens, 
17.30 	including any known communicable diseases, as defined in section 144.4172, subdivision 
17.31 	2, will be monitored and treated while the child is in foster care;
17.32 	(iii) how the child's medical information will be updated and shared, including 
17.33 	the child's immunizations;
17.34 	(iv) who is responsible to coordinate and respond to the child's health care needs, 
17.35 	including the role of the parent, the agency, and the foster parent;
17.36 	(v) who is responsible for oversight of the child's prescription medications;
18.1 	(vi) how physicians or other appropriate medical and nonmedical professionals 
18.2 	will be consulted and involved in assessing the health and well-being of the child and 
18.3 	determine the appropriate medical treatment for the child; and
18.4 	(vii) the responsibility to ensure that the child has access to medical care through 
18.5 	either medical insurance or medical assistance;
18.6 	(10) the health records of the child including information available regarding:
18.7 	(i) the names and addresses of the child's health care and dental care providers;
18.8 	(ii) a record of the child's immunizations;
18.9 	(iii) the child's known medical problems, including any known communicable 
18.10 	diseases as defined in section 144.4172, subdivision 2;
18.11 	(iv) the child's medications; and
18.12 	(v) any other relevant health care information such as the child's eligibility for 
18.13 	medical insurance or medical assistance;
18.14 	(11) an independent living plan for a child age 16 or older who is in placement as a 
18.15 	result of a permanency disposition foster care for one year or longer after the child's 15th 
18.16 	birthday. The plan should include, but not be limited to, the following objectives:
18.17 	(i) educational, vocational, or employment planning;
18.18 	(ii) health care planning and medical coverage;
18.19 	(iii) transportation including, where appropriate, assisting the child in obtaining a 
18.20 	driver's license;
18.21 	(iv) money management, including the responsibility of the agency to ensure that 
18.22 	the youth annually receives, at no cost to the youth, a consumer report as defined under 
18.23 	section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
18.24 	(v) planning for housing;
18.25 	(vi) social and recreational skills; and
18.26 	(vii) establishing and maintaining connections with the child's family and 
18.27 	community; and
18.28 	(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic 
18.29 	and assessment information, specific services relating to meeting the mental health care 
18.30 	needs of the child, and treatment outcomes.
18.31 	(d) The parent or parents or guardian and the child each shall have the right to legal 
18.32 	counsel in the preparation of the case plan and shall be informed of the right at the time 
18.33 	of placement of the child. The child shall also have the right to a guardian ad litem. 
18.34 	If unable to employ counsel from their own resources, the court shall appoint counsel 
18.35 	upon the request of the parent or parents or the child or the child's legal guardian. The 
19.1 	parent or parents may also receive assistance from any person or social services agency 
19.2 	in preparation of the case plan.
19.3 	After the plan has been agreed upon by the parties involved or approved or ordered 
19.4 	by the court, the foster parents shall be fully informed of the provisions of the case plan 
19.5 	and shall be provided a copy of the plan.
19.6 	Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 
19.7 	physical custodian, as appropriate, and the child, if appropriate, must be provided with 
19.8 	a current copy of the child's health and education record.

19.9 	Sec. 19. Minnesota Statutes 2010, section 260C.212, subdivision 2, is amended to read:
19.10 		Subd. 2.Placement decisions based on best interest of the child. (a) The policy 
19.11 	of the state of Minnesota is to ensure that the child's best interests are met by requiring an 
19.12 	individualized determination of the needs of the child and of how the selected placement 
19.13 	will serve the needs of the child being placed. The authorized child-placing agency shall 
19.14 	place a child, released by court order or by voluntary release by the parent or parents, in 
19.15 	a family foster home selected by considering placement with relatives and important 
19.16 	friends in the following order:
19.17 	(1) with an individual who is related to the child by blood, marriage, or adoption; or
19.18 	(2) with an individual who is an important friend with whom the child has resided or 
19.19 	had significant contact.
19.20 	(b) Among the factors the agency shall consider in determining the needs of the 
19.21 	child are the following:
19.22 	(1) the child's current functioning and behaviors;
19.23 	(2) the medical, needs of the child;
19.24 	(3) the educational, and needs of the child;
19.25 	(4) the developmental needs of the child;
19.26 	(3) (5) the child's history and past experience;
19.27 	(4) (6) the child's religious and cultural needs;
19.28 	(5) (7) the child's connection with a community, school, and faith community;
19.29 	(6) (8) the child's interests and talents;
19.30 	(7) (9) the child's relationship to current caretakers, parents, siblings, and relatives; 
19.31 	and
19.32 	(8) (10) the reasonable preference of the child, if the court, or the child-placing 
19.33 	agency in the case of a voluntary placement, deems the child to be of sufficient age to 
19.34 	express preferences.
20.1 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
20.2 	origin of the foster parent or the child.
20.3 	(d) Siblings should be placed together for foster care and adoption at the earliest 
20.4 	possible time unless it is documented that a joint placement would be contrary to the 
20.5 	safety or well-being of any of the siblings or unless it is not possible after reasonable 
20.6 	efforts by the responsible social services agency. In cases where siblings cannot be placed 
20.7 	together, the agency is required to provide frequent visitation or other ongoing interaction 
20.8 	between siblings unless the agency documents that the interaction would be contrary to 
20.9 	the safety or well-being of any of the siblings.
20.10 	(e) Except for emergency placement as provided for in section 245A.035, a 
20.11 	completed background study is required under section 245C.08 before the approval of a 
20.12 	foster placement in a related or unrelated home.

20.13 	Sec. 20. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
20.14 		Subd. 5.Relative search. (a) The responsible social services agency shall exercise 
20.15 	due diligence to identify and notify adult relatives prior to placement or within 30 days 
20.16 	after the child's removal from the parent. The county agency shall consider placement 
20.17 	with a relative under subdivision 2 without delay. The relative search required by this 
20.18 	section shall be reasonable and comprehensive in scope and may last up to six months or 
20.19 	until a fit and willing relative is identified. The relative search required by this section 
20.20 	shall include both maternal relatives of the child and paternal relatives of the child, if 
20.21 	paternity is adjudicated. The relatives must be notified:
20.22 	(1) of the need for a foster home for the child, the option to become a placement 
20.23 	resource for the child, and the possibility of the need for a permanent placement for the 
20.24 	child;
20.25 	(2) of their responsibility to keep the responsible social services agency and the court 
20.26 	informed of their current address in order to receive notice in the event that a permanent 
20.27 	placement is sought for the child and to receive notice of the permanency progress review 
20.28 	hearing under section 260C.201, subdivision 11a. A relative who fails to provide a current 
20.29 	address to the responsible social services agency and the court forfeits the right to receive
20.30 	notice of the possibility of permanent placement and of the permanency progress review 
20.31 	hearing under section 260C.201, subdivision 11a. A decision by a relative not to be a 
20.32 	placement resource at the beginning of the case shall not affect whether the relative is 
20.33 	considered for placement of the child with that relative later;
21.1 	(3) that the relative may participate in the care and planning for the child, including 
21.2 	that the opportunity for such participation may be lost by failing to respond to the notice
21.3 	sent under this subdivision; and
21.4 	(4) of the family foster care licensing requirements, including how to complete an 
21.5 	application and how to request a variance from licensing standards that do not present a 
21.6 	safety or health risk to the child in the home under section 245A.04 and supports that are 
21.7 	available for relatives and children who reside in a family foster home.
21.8 	(b) A responsible social services agency may disclose private or confidential data, 
21.9 	as defined in section 13.02, to relatives of the child for the purpose of locating a suitable 
21.10 	placement. The agency shall disclose only data that is necessary to facilitate possible 
21.11 	placement with relatives. If the child's parent refuses to give the responsible social 
21.12 	services agency information sufficient to identify the maternal and paternal relatives of the 
21.13 	child, the agency shall ask the juvenile court to order the parent to provide the necessary 
21.14 	information. If a parent makes an explicit request that relatives or a specific relative not 
21.15 	be contacted or considered for placement due to safety reasons involving past family or 
21.16 	domestic violence, the agency shall bring the parent's request to the attention of the court 
21.17 	to determine whether the parent's request is consistent with the best interests of the child 
21.18 	and the agency shall not contact relatives or a the specific relative unless authorized to do 
21.19 	so by when the juvenile court finds that contacting the specific relative would endanger 
21.20 	the parent, guardian, child, sibling, or any family member.
21.21 	(c) When the placing agency determines that a permanent placement hearing is 
21.22 	necessary because there is a likelihood that the child will not return to a parent's care, the 
21.23 	agency may send the notice provided in paragraph (d), may ask the court to modify the 
21.24 	requirements of the agency under this paragraph, or may ask the court to completely 
21.25 	relieve the agency of the requirements of this paragraph. The relative notification 
21.26 	requirements of this paragraph do not apply when the child is placed with an appropriate 
21.27 	relative or a foster home that has committed to being the permanent legal placement for 
21.28 	the child and the agency approves of that foster home for permanent placement of the 
21.29 	child. The actions ordered by the court under this section must be consistent with the best 
21.30 	interests, safety, and welfare of the child.
21.31 	(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the 
21.32 	court under paragraph (c), when the agency determines that it is necessary to prepare for 
21.33 	the permanent placement determination hearing, or in anticipation of filing a termination 
21.34 	of parental rights petition, the agency shall send notice to the relatives, any adult with 
21.35 	whom the child is currently residing, any adult with whom the child has resided for one 
21.36 	year or longer in the past, and any adults who have maintained a relationship or exercised 
22.1 	visitation with the child as identified in the agency case plan. The notice must state that a 
22.2 	permanent home is sought for the child and that the individuals receiving the notice may 
22.3 	indicate to the agency their interest in providing a permanent home. The notice must state 
22.4 	that within 30 days of receipt of the notice an individual receiving the notice must indicate 
22.5 	to the agency the individual's interest in providing a permanent home for the child or that 
22.6 	the individual may lose the opportunity to be considered for a permanent placement.
22.7 	(e) The Department of Human Services shall develop a best practices guide and 
22.8 	specialized staff training to assist the responsible social services agency in performing and 
22.9 	complying with the relative search requirements under this subdivision.

22.10 	Sec. 21. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
22.11 		Subd. 7.Administrative or court review of placements. (a) There shall be an 
22.12 	administrative review of the out-of-home placement plan of each child placed in foster 
22.13 	care no later than 180 days after the initial placement of the child in foster care and at least 
22.14 	every six months thereafter if the child is not returned to the home of the parent or parents 
22.15 	within that time. The out-of-home placement plan must be monitored and updated at each 
22.16 	administrative review. The administrative review shall be conducted by the responsible 
22.17 	social services agency using a panel of appropriate persons at least one of whom is not 
22.18 	responsible for the case management of, or the delivery of services to, either the child or 
22.19 	the parents who are the subject of the review. The administrative review shall be open to 
22.20 	participation by the parent or guardian of the child and the child, as appropriate.
22.21 	(b) As an alternative to the administrative review required in paragraph (a), the court 
22.22 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
22.23 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan 
22.24 	pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). 
22.25 	The party requesting review of the out-of-home placement plan shall give parties to the 
22.26 	proceeding notice of the request to review and update the out-of-home placement plan. 
22.27 	A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11; 
22.28 	260C.141, subdivision 2; 260C.317; or 260D.06 shall satisfy the requirement for the 
22.29 	review so long as the other requirements of this section are met.
22.30 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
22.31 	responsible social services agency or the court shall review:
22.32 	(1) the safety, permanency needs, and well-being of the child;
22.33 	(2) the continuing necessity for and appropriateness of the placement;
22.34 	(3) the extent of compliance with the out-of-home placement plan;
23.1 	(4) the extent of progress which has been made toward alleviating or mitigating the 
23.2 	causes necessitating placement in foster care;
23.3 	(5) the projected date by which the child may be returned to and safely maintained in 
23.4 	the home or placed permanently away from the care of the parent or parents or guardian; 
23.5 	and
23.6 	(6) the appropriateness of the services provided to the child.
23.7 	(d) When a child is age 16 or older, in addition to any administrative review 
23.8 	conducted by the agency, at the in-court review required under section 260C.201, 
23.9 	subdivision 11, or 260C.317, subdivision 3, clause (3), the court shall review the 
23.10 	independent living plan required under subdivision 1, paragraph (c), clause (11), and the 
23.11 	provision of services to the child related to the well-being of the child as the child prepares 
23.12 	to leave foster care. The review shall include the actual plans related to each item in the 
23.13 	plan necessary to the child's future safety and well-being when the child is no longer 
23.14 	in foster care.
23.15 	(1) At the court review, the responsible social services agency shall establish that it 
23.16 	has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0660, 
23.17 	regarding the right to continued access to services for certain children in foster care past 
23.18 	age 18 and of the right to appeal a denial of social services under section 256.045. If the 
23.19 	agency is unable to establish that the notice, including the right to appeal a denial of social 
23.20 	services, has been given, the court shall require the agency to give it.
23.21 	(2) Consistent with the requirements of the independent living plan, the court shall 
23.22 	review progress toward or accomplishment of the following goals:
23.23 	(i) the child has obtained a high school diploma or its equivalent;
23.24 	(ii) the child has completed a driver's education course or has demonstrated the 
23.25 	ability to use public transportation in the child's community;
23.26 	(iii) the child is employed or enrolled in postsecondary education;
23.27 	(iv) the child has applied for and obtained postsecondary education financial aid for 
23.28 	which the child is eligible;
23.29 	(v) the child has health care coverage and health care providers to meet the child's 
23.30 	physical and mental health needs;
23.31 	(vi) the child has applied for and obtained disability income assistance for which 
23.32 	the child is eligible;
23.33 	(vii) the child has obtained affordable housing with necessary supports, which does 
23.34 	not include a homeless shelter;
23.35 	(viii) the child has saved sufficient funds to pay for the first month's rent and a 
23.36 	damage deposit;
24.1 	(ix) the child has an alternative affordable housing plan, which does not include a 
24.2 	homeless shelter, if the original housing plan is unworkable;
24.3 	(x) the child, if male, has registered for the Selective Service; and
24.4 	(xi) the child has a permanent connection to a caring adult.
24.5 	(3) The court shall ensure that the responsible agency in conjunction with the 
24.6 	placement provider assists the child in obtaining the following documents prior to the 
24.7 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
24.8 	identification card or driver's license, green card, or school visa; the child's school, 
24.9 	medical, and dental records; a contact list of the child's medical, dental, and mental health 
24.10 	providers; and contact information for the child's siblings, if the siblings are in foster care.
24.11 	(e) When a child is age 17 or older, during the 90-day period immediately prior to 
24.12 	the date the child is expected to be discharged from foster care, the responsible social 
24.13 	services agency is required to provide the child with assistance and support in developing 
24.14 	a transition plan that is personalized at the direction of the child. The transition plan 
24.15 	must be as detailed as the child may elect and include specific options on housing, health 
24.16 	insurance, education, local opportunities for mentors and continuing support services, and 
24.17 	work force supports and employment services. The agency shall ensure that the youth 
24.18 	receives, at no cost to the youth, a copy of the youth's consumer credit report as defined 
24.19 	in section 13C.001 and assistance in interpreting and resolving any inaccuracies in the 
24.20 	report. The county agency shall also provide the individual youth with appropriate contact 
24.21 	information if the individual youth needs more information or needs help dealing with a 
24.22 	crisis situation through age 21.

24.23 	Sec. 22. Minnesota Statutes 2010, section 260C.217, is amended to read:
24.24 	260C.217 SAFE PLACE FOR NEWBORNS.
24.25 		Subdivision 1.Duty to attempt reunification, duty to search for relatives, and 
24.26 	preferences not applicable. A local responsible social service agency taking custody of
24.27 	with legal responsibility for a child after discharge from a hospital that received a child 
24.28 	under section 145.902 under subdivision 4 is not required to attempt to reunify the child 
24.29 	with the child's parents. Additionally, the agency is not required to search for relatives 
24.30 	of the child as a placement or permanency option under section 260C.212, subdivision 
24.31 	5, or to implement other placement requirements that give a preference to relatives if 
24.32 	the agency does not have information as to the identity of the child, the child's mother, 
24.33 	or the child's father.
24.34 		Subd. 1a.Safe place. For purposes of this section, "safe place" means a hospital, 
24.35 	medical clinic, and a police or fire department.
25.1 		Subd. 2.Status of child. For purposes of proceedings under this chapter and, 
25.2 	including adoption proceedings, a newborn left at a hospital safe place or with a 911 
25.3 	responder under section 145.902 subdivision 3 is considered an abandoned child under 
25.4 	section 626.556, subdivision 2, paragraph (c), clause (3). The child is abandoned under 
25.5 	sections 260C.007, subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph 
25.6 	(b), clause (1).
25.7 		Subd. 3.Relinquish newborn. A mother or any person, with the mother's 
25.8 	permission, may bring a newborn infant to a safe place during its hours of operation and 
25.9 	leave the infant in the care of an employee of the safe place. The mother or person with 
25.10 	the mother's permission may also call 911 and request to have an emergency responder 
25.11 	dispatched to an agreed upon location to relinquish a newborn infant into the custody of 
25.12 	the 911 responder.
25.13 		Subd. 4.Placement of newborn. A safe place or 911 responder with whom a 
25.14 	newborn is left shall, within 24 hours, report receiving the newborn to the responsible 
25.15 	social services agency. The agency shall have legal responsibility for the placement of 
25.16 	the newborn infant in foster care for 72 hours during which time the agency shall file a 
25.17 	petition under section 260C.141 and ask the court to order continued placement of the 
25.18 	child in foster care. The agency shall immediately begin planning for adoptive placement 
25.19 	of the newborn.
25.20 		Subd. 5.Care and treatment. A safe place or 911 responder with whom a newborn 
25.21 	is left may examine the newborn and provide necessary care and treatment, if any is 
25.22 	required, pending assumption of legal responsibility by the responsible social services 
25.23 	agency under subdivision 4. A safe place or 911 responder with whom a newborn is left 
25.24 	may transport a newborn to a hospital for care, if appropriate under the circumstances.
25.25 		Subd. 6.Immunity. A safe place or 911 responder with responsibility for 
25.26 	performing duties under this section, and any employee, doctor, or other medical, fire, or 
25.27 	law enforcement professional receiving, handling, treating, caring for, and reporting the 
25.28 	child as required in subdivision 4, are immune from any criminal liability that otherwise 
25.29 	might result from their actions, if they are acting in good faith in receiving a newborn, and 
25.30 	are immune from any civil liability that otherwise might result from merely receiving a 
25.31 	newborn.

25.32 	Sec. 23. Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read:
25.33 		Subd. 3.Order; retention of jurisdiction. (a) A certified copy of the findings and 
25.34 	the order terminating parental rights, and a summary of the court's information concerning 
26.1 	the child shall be furnished by the court to the commissioner or the agency to which 
26.2 	guardianship is transferred.
26.3 	(b) The orders shall be on a document separate from the findings. The court shall 
26.4 	furnish the individual to whom guardianship is transferred guardian a copy of the order 
26.5 	terminating parental rights.
26.6 	(b) (c) When the court orders guardianship pursuant to this section,  the court 
26.7 	shall retain jurisdiction in a case where adoption is the intended permanent placement 
26.8 	disposition until the child's adoption is finalized, the child is 18 years of age, or, for 
26.9 	children in foster care beyond age 18 pursuant to section 260C.451, until the individual 
26.10 	becomes 21 years of age according to the provisions set forth in sections 260C.193, 
26.11 	subdivision 6, and 260C.451. The guardian ad litem and counsel for the child shall 
26.12 	continue on the case until an adoption decree is entered. An in-court appearance hearing 
26.13 	must be held every 90 days following termination of parental rights for the court to review 
26.14 	progress toward an adoptive placement and the specific recruitment efforts the agency 
26.15 	has taken to find an adoptive family or other placement living arrangement for the child 
26.16 	and to finalize the adoption or other permanency plan. Review of the progress toward 
26.17 	adoption of a child under guardianship of the commissioner of human services shall be 
26.18 	conducted according to section 260C.607.
26.19 	(c) The responsible social services agency may make a determination of compelling 
26.20 	reasons for a child to be in long-term foster care when the agency has made exhaustive 
26.21 	efforts to recruit, identify, and place the child in an adoptive home, and the child continues 
26.22 	in foster care for at least 24 months after the court has issued the order terminating 
26.23 	parental rights. A child of any age who is under the guardianship of the commissioner of 
26.24 	the Department of Human Services and is legally available for adoption may not refuse 
26.25 	or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the 
26.26 	child in an adoptive home required under paragraph (b) or sign a document relieving 
26.27 	county social services agencies of all recruitment efforts on the child's behalf. Upon 
26.28 	approving the agency's determination of compelling reasons, the court may order the child 
26.29 	placed in long-term foster care. At least every 12 months thereafter as long as the child 
26.30 	continues in out-of-home placement, the court shall conduct an in-court permanency 
26.31 	review hearing to determine the future status of the child using the review requirements of 
26.32 	section 260C.201, subdivision 11, paragraph (g).
26.33 	(d) Upon terminating parental rights or upon a parent's consent to adoption 
26.34 	under section 260C.201, subdivision 11, resulting in an order for guardianship to the 
26.35 	commissioner of human services, the court shall retain jurisdiction:
26.36 	(1) until the child is adopted;
27.1 	(2) through the child's minority in a case where long-term; or
27.2 	(3) as long as the child continues in or reenters foster care is the permanent 
27.3 	disposition whether under paragraph (c) or section 260C.201, subdivision 11, or, for 
27.4 	children in foster care age 18 or older under section 260C.451, until the individual 
27.5 	becomes 21 years of age according to the provisions in sections 260C.193, subdivision 6, 
27.6 	and 260C.451.

27.7 	Sec. 24. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:
27.8 		Subd. 4.Rights of terminated parent. (a) Upon entry of an order terminating the 
27.9 	parental rights of any person who is identified as a parent on the original birth record of 
27.10 	the child as to whom the parental rights are terminated, the court shall cause written 
27.11 	notice to be made to that person setting forth:
27.12 	(1) the right of the person to file at any time with the state registrar of vital statistics 
27.13 	a consent to disclosure, as defined in section 144.212, subdivision 11;
27.14 	(2) the right of the person to file at any time with the state registrar of vital statistics 
27.15 	an affidavit stating that the information on the original birth record shall not be disclosed 
27.16 	as provided in section 144.2252; and
27.17 	(3) the effect of a failure to file either a consent to disclosure, as defined in section 
27.18 	144.212, subdivision 11, or an affidavit stating that the information on the original birth 
27.19 	record shall not be disclosed.
27.20 	(b) A parent whose rights are terminated under this section shall retain the ability to 
27.21 	enter into a contact or communication agreement under section 260C.619 if an agreement 
27.22 	is determined by the court to be in the best interests of the child. The agreement shall be 
27.23 	filed with the court at or prior to the time the child is adopted. An order for termination of 
27.24 	parental rights shall not be conditioned on an agreement under section 260C.619.

27.25 	Sec. 25. Minnesota Statutes 2010, section 260C.325, subdivision 1, is amended to read:
27.26 		Subdivision 1.Transfer of custody Guardianship. (a) If When the court terminates 
27.27 	parental rights of both parents or of the only known living legal parent, the court shall 
27.28 	order the guardianship and the legal custody of the child transferred to:
27.29 	(1) the commissioner of human services;
27.30 	(2) a licensed child-placing agency; or
27.31 	(3) an individual who is willing and capable of assuming the appropriate duties 
27.32 	and responsibilities to the child.
27.33 	(b) The court shall order transfer of guardianship and legal custody of a child to 
27.34 	the commissioner of human services only when the responsible county social services 
28.1 	agency had legal responsibility for planning for the permanent placement of the child and 
28.2 	the child was in foster care under the legal responsibility of the responsible county social 
28.3 	services agency at the time the court orders guardianship and legal custody transferred to 
28.4 	the commissioner. The court shall not order guardianship to the commissioner under any 
28.5 	other circumstances, except as provided in subdivision 3.

28.6 	Sec. 26. Minnesota Statutes 2010, section 260C.325, subdivision 3, is amended to read:
28.7 		Subd. 3.Both parents deceased. (a) If upon petition to the juvenile court for 
28.8 	guardianship by a reputable person, including but not limited to an the responsible social 
28.9 	services agency as agent of the commissioner of human services, and upon hearing in 
28.10 	the manner provided in section 260C.163, the court finds that both parents or the only 
28.11 	known legal parent are or is deceased and no appointment has been made or petition for 
28.12 	appointment filed pursuant to sections 524.5-201 to 524.5-317, the court shall order the 
28.13 	guardianship and legal custody of the child transferred to:
28.14 	(1) the commissioner of human services; or
28.15 	(2) a licensed child-placing agency; or
28.16 	(3) (2) an individual who is willing and capable of assuming the appropriate duties 
28.17 	and responsibilities to the child.
28.18 	(b) The court shall order transfer of guardianship and legal custody of a child to the 
28.19 	commissioner of human services only if there is no individual who is willing and capable 
28.20 	of assuming the appropriate duties and responsibilities to the child.

28.21 	Sec. 27. Minnesota Statutes 2010, section 260C.325, subdivision 4, is amended to read:
28.22 		Subd. 4.Guardian's responsibilities. (a) A guardian appointed under the 
28.23 	provisions of this section has legal custody of a ward unless the court which appoints 
28.24 	the guardian gives legal custody to some other person. If the court awards custody to a 
28.25 	person other than the guardian, the guardian nonetheless has the right and responsibility of 
28.26 	reasonable visitation, except as limited by court order. the child and the right to visit the 
28.27 	child in foster care, the adoptive placement, or any other suitable setting at any time prior 
28.28 	to finalization of the adoption of the child. When the child is under the guardianship of the 
28.29 	commissioner, the responsible social services agency, as agent of the commissioner, has 
28.30 	the right to visit the child.
28.31 	(b) When the guardian is a licensed child-placing agency, the guardian may shall
28.32 	make all major decisions affecting the person of the ward child, including, but not limited 
28.33 	to, giving consent,(when consent is legally required), to the marriage, enlistment in 
28.34 	the armed forces, medical, surgical, or psychiatric treatment, or adoption of the ward
29.1 	child. When, pursuant to this section, the commissioner of human services is appointed 
29.2 	guardian, the commissioner may delegate to the responsible social services agency of 
29.3 	the county in which, after the appointment, the ward resides, the authority to act for the 
29.4 	commissioner in decisions affecting the person of the ward, including but not limited 
29.5 	to giving consent to the marriage, enlistment in the armed forces, medical, surgical, or 
29.6 	psychiatric treatment of the ward.
29.7 	(c) When the commissioner is appointed guardian, the duties of the commissioner of 
29.8 	human services are established under sections 260C.601 to 260C.635.
29.9 	(c) (d) A guardianship created under the provisions of this section shall not of itself
29.10 	include the guardianship of the estate of the ward child.
29.11 	(e) The commissioner of human services, through the commissioner's agent, the 
29.12 	responsible social services agency, or a licensed child-placing agency who is a guardian 
29.13 	or who has authority and responsibility for planning for the adoption of the child under 
29.14 	section 259.25 or 259.49, has the duty to make reasonable efforts to finalize the adoption 
29.15 	of the child.

29.16 	Sec. 28. Minnesota Statutes 2010, section 260C.328, is amended to read:
29.17 	260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
29.18 	(a) Upon its own motion or upon petition of an interested party, the juvenile court 
29.19 	having jurisdiction of the child may, after notice to the parties and a hearing, remove 
29.20 	the guardian appointed by the juvenile court and appoint a new guardian in accordance 
29.21 	with the provisions of section 260C.325, subdivision 1., clause (a), (b), or (c). Upon a 
29.22 	showing that the child is emancipated, the court may discharge the guardianship. Any 
29.23 	child 14 years of age or older who is not adopted but who is placed in a satisfactory foster 
29.24 	home, may, with the consent of the foster parents, join with the guardian appointed by the 
29.25 	juvenile court in a petition to the court having jurisdiction of the child to discharge the 
29.26 	existing guardian and appoint the foster parents as guardians of the child.
29.27 	(b) The authority of a guardian appointed by the juvenile court terminates when the 
29.28 	individual under guardianship is no longer a minor or when guardianship is otherwise 
29.29 	discharged. becomes age 18. However, an individual who has been under the guardianship 
29.30 	of the commissioner and who has not been adopted may continue in foster care or reenter 
29.31 	foster care pursuant to section 260C.451 and the responsible social services agency has 
29.32 	continuing legal responsibility for the placement of the individual.

29.33 	Sec. 29. [260C.601] ADOPTION OF CHILDREN UNDER GUARDIANSHIP 
29.34 	OF COMMISSIONER.
30.1 		Subdivision 1.Review and finalization requirements; adoption procedures. (a) 
30.2 	Sections 260C.601 to 260C.635 establish:
30.3 	(1) the requirements for court review of children under the guardianship of the 
30.4 	commissioner; and
30.5 	(2) procedures for timely finalizing adoptions in the best interests of children under 
30.6 	the guardianship of the commissioner.
30.7 	(b) Adoption proceedings for children not under the guardianship of the 
30.8 	commissioner are governed by chapter 259.
30.9 		Subd. 2.Duty of responsible agency. The responsible social services agency has 
30.10 	the duty to act as the commissioner's agent in making reasonable efforts to finalize the 
30.11 	adoption of all children under the guardianship of the commissioner pursuant to section 
30.12 	260C.325. In implementing these duties, the agency shall ensure that:
30.13 	(1) the best interests of the child are met in the planning and granting of adoptions;
30.14 	(2) a child under the guardianship of the commissioner is appropriately involved 
30.15 	in planning for adoption;
30.16 	(3) the diversity of Minnesota's population and diverse needs including culture, 
30.17 	religion, and language of persons affected by adoption are recognized and respected; and
30.18 	(4) the court has the timely information it needs to make a decision that is in the best 
30.19 	interests of the child in reviewing the agency's planning for adoption and when ordering 
30.20 	the adoption of the child.
30.21 		Subd. 3.Background study. Consistent with section 245C.33 and United States 
30.22 	Code, title 42, section 671, a completed background study is required before the adoptive 
30.23 	placement of the child in a related or an unrelated home.

30.24 	Sec. 30. [260C.603] DEFINITIONS.
30.25 		Subdivision 1.Scope. For the purposes of sections 260C.601 to 260C.635, the terms 
30.26 	defined in this section have the meanings given them.
30.27 		Subd. 2.Adopting parent. "Adopting parent" means an adult who has signed an 
30.28 	adoption placement agreement regarding the child.
30.29 		Subd. 3.Adoption placement agreement. "Adoption placement agreement" means 
30.30 	the written agreement between the responsible social services agency, the commissioner, 
30.31 	and the adopting parent which reflects the intent of all the signatories to the agreement that 
30.32 	the adopting parent establish a parent and child relationship by adoption with the child 
30.33 	who is under the guardianship of the commissioner. The adoptive placement agreement 
30.34 	must be in the commissioner's designated format.
31.1 		Subd. 4.Adoptive parent. "Adoptive parent" has the meaning given in section 
31.2 	259A.01, subdivision 3.
31.3 		Subd. 5.Adoptive placement. "Adoptive placement" means a placement made by 
31.4 	the responsible social services agency upon a fully executed adoption placement agreement 
31.5 	including the signatures of the adopting parent, the responsible social services agency, and 
31.6 	the commissioner of human services according to section 260C.613, subdivision 1.
31.7 		Subd. 6.Commissioner. "Commissioner" means the commissioner of human 
31.8 	services or any employee of the Department of Human Services to whom the commissioner 
31.9 	has delegated authority regarding children under the commissioner's guardianship.
31.10 		Subd. 7.Guardianship. "Guardianship" has the meaning given in section 259A.01, 
31.11 	subdivision 17; 260C.325; or 260C.515, subdivision 3.
31.12 		Subd. 8.Prospective adoptive parent. "Prospective adoptive parent" means an 
31.13 	individual who may become an adopting parent regardless of whether the individual 
31.14 	has an adoption study approving the individual for adoption, but who has not signed an 
31.15 	adoption placement agreement.

31.16 	Sec. 31. [260C.605] REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
31.17 		Subdivision 1.Requirements. (a) Reasonable efforts to finalize the adoption of a 
31.18 	child under the guardianship of the commissioner shall be made by the responsible social 
31.19 	services agency responsible for permanency planning for the child.
31.20 	(b) Reasonable efforts to make a placement in a home according to the placement 
31.21 	considerations under section 260C.212, subdivision 2, with a relative or foster parent 
31.22 	who will commit to being the permanent resource for the child in the event the child 
31.23 	cannot be reunified with a parent are required under section 260.012 and may be made 
31.24 	concurrently with reasonable, or if the child is an Indian child, active efforts to reunify 
31.25 	the child with the parent.
31.26 	(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the 
31.27 	child is in foster care under this chapter, but not later than the hearing required under 
31.28 	section 260C.201, subdivision 11a.
31.29 	(d) Reasonable efforts to finalize the adoption of the child include:
31.30 	(1) using age-appropriate engagement strategies to plan for adoption with the child;
31.31 	(2) identifying an appropriate prospective adoptive parent for the child by updating 
31.32 	the child's identified needs using the factors in section 260C.212, subdivision 2;
31.33 	(3) making an adoptive placement that meets the child's needs by:
31.34 	(i) completing or updating the relative search required under section 260C.221 and 
31.35 	giving notice of the need for an adoptive home for the child to:
32.1 	(A) relatives who have kept the agency or the court apprised of their whereabouts 
32.2 	and who have indicated an interest in adopting the child; or
32.3 	(B) relatives of the child who are located in an updated search;
32.4 	(ii) an updated search is required whenever:
32.5 	(A) there is no identified prospective adoptive placement for the child 
32.6 	notwithstanding a finding by the court that the agency made diligent efforts under section 
32.7 	260C.201, subdivision 2, in a hearing required under section 260C.202;
32.8 	(B) the child is removed from the home of an adopting parent; or
32.9 	(C) the court determines a relative search by the agency is in the best interests of 
32.10 	the child;
32.11 	(iii) engaging child's foster parent and the child's relatives identified as an adoptive 
32.12 	resource during the search conducted under section 260C.221, to commit to being the 
32.13 	prospective adoptive parent of the child; or
32.14 	(iv) when there is no identified prospective adoptive parent:
32.15 	(A) registering the child on the state adoption exchange as required in section 259.75 
32.16 	unless the agency documents to the court an exception to placing the child on the state 
32.17 	adoption exchange reported to the commissioner;
32.18 	(B) reviewing all families with approved adoption home studies associated with the 
32.19 	responsible social services agency;
32.20 	(C) presenting the child to adoption agencies and adoption personnel who may assist 
32.21 	with finding an adoptive home for the child;
32.22 	(D) using newspapers and other media to promote the particular child;
32.23 	(E) using a private agency under grant contract with the commissioner to provide 
32.24 	adoption services for intensive child-specific recruitment efforts; and
32.25 	(F) making any other efforts or using any other resources reasonably calculated to 
32.26 	identify a prospective adoption parent for the child;
32.27 	(4) updating and completing the social and medical history required under sections 
32.28 	259.43 and 260C.609;
32.29 	(5) making, and keeping updated, appropriate referrals required by section 260.851, 
32.30 	the Interstate Compact on the Placement of Children;
32.31 	(6) giving notice regarding the responsibilities of an adoptive parent to any 
32.32 	prospective adoptive parent as required under section 259.35;
32.33 	(7) offering the adopting parent the opportunity to apply for or decline adoption 
32.34 	assistance under chapter 259A;
33.1 	(8) certifying the child for adoption assistance, assessing the amount of adoption 
33.2 	assistance, and ascertaining the status of the commissioner's decision on the level of 
33.3 	payment if the adopting parent has applied for adoption assistance;
33.4 	(9) placing the child with siblings. If the child is not placed with siblings, the agency 
33.5 	must document reasonable efforts to place the siblings together, as well as the reason for 
33.6 	separation. The agency may not cease reasonable efforts to place siblings together for final 
33.7 	adoption until the court finds further reasonable efforts would be futile or that placement 
33.8 	together for purposes of adoption is not in the best interests of one of the siblings; and
33.9 	(10) working with the adopting parent to file a petition to adopt the child and with 
33.10 	the court administrator to obtain a timely hearing to finalize the adoption.
33.11 		Subd. 2.No waiver. (a) The responsible social services agency shall make 
33.12 	reasonable efforts to recruit, assess, and match an adoptive home for any child under 
33.13 	the guardianship of the commissioner and reasonable efforts shall continue until an 
33.14 	adoptive placement is made and adoption finalized or until the child is no longer under the 
33.15 	guardianship of the commissioner.
33.16 	(b) A child of any age who is under the guardianship of the commissioner and is 
33.17 	legally available for adoption may not refuse or waive the responsible social services 
33.18 	agency's reasonable efforts to recruit, identify, and place the child in an adoptive home 
33.19 	required under this section. The agency has an ongoing responsibility to work with the 
33.20 	child to explore the child's opportunities for adoption, and what adoption means for the 
33.21 	child, and may not accept a child's refusal to consider adoption as an option.
33.22 	(c) The court may not relieve or otherwise order the responsible social services 
33.23 	agency to cease fulfilling the responsible social services agency's duty regarding 
33.24 	reasonable efforts to recruit, identify, and place the child in an adoptive home.

33.25 	Sec. 32. [260C.607] REVIEW OF PROGRESS TOWARD ADOPTION.
33.26 		Subdivision 1.Review hearings. (a) The court shall conduct a review of the 
33.27 	responsible social services agency's reasonable efforts to finalize adoption for any child 
33.28 	under the guardianship of the commissioner and of the progress of the case toward 
33.29 	adoption at least every 90 days after the court issues an order that the commissioner is 
33.30 	the guardian of the child.
33.31 	(b) The review of progress toward adoption shall continue notwithstanding that an 
33.32 	appeal is made of the order for guardianship.
33.33 	(c) The agency's reasonable efforts to finalize the adoption must continue during the 
33.34 	pendency of the appeal and all progress toward adoption shall continue except that the 
33.35 	court may not finalize an adoption while the appeal is pending.
34.1 		Subd. 2.Notice. Notice of review hearings shall be given by the court to:
34.2 	(1) the responsible social services agency;
34.3 	(2) the child, if the child is age ten and older;
34.4 	(3) the child's guardian ad litem;
34.5 	(4) relatives of the child who have kept the court informed of their whereabouts 
34.6 	as required in section 260C.221 and who have responded to the agency's notice under 
34.7 	section 260C.221, indicating a willingness to provide an adoptive home for the child 
34.8 	unless the relative has been previously ruled out by the court as a suitable foster parent or 
34.9 	permanency resource for the child;
34.10 	(5) the current foster or adopting parent of the child;
34.11 	(6) any foster or adopting parents of siblings of the child; and
34.12 	(7) the Indian child's tribe.
34.13 		Subd. 3.Right to participate. Any individual or entity listed in subdivision 2 may 
34.14 	participate in the continuing reviews conducted under this section. No other individual 
34.15 	or entity is required to be given notice or to participate in the reviews unless the court 
34.16 	specifically orders that notice be given or participation in the reviews be required.
34.17 		Subd. 4.Content of review. (a) The court shall review:
34.18 	(1) the agency's reasonable efforts under section 260C.605 to finalize an adoption 
34.19 	for the child as appropriate to the stage of the case; and
34.20 	(2) the child's current out-of-home placement plan required under section 260C.212, 
34.21 	subdivision 1, to ensure the child is receiving all services and supports required to meet 
34.22 	the child's needs as they relate to the child's:
34.23 	(i) placement;
34.24 	(ii) visitation and contact with siblings;
34.25 	(iii) visitation and contact with relatives;
34.26 	(iv) medical, mental, and dental health; and
34.27 	(v) education.
34.28 	(b) When the child is age 16 and older, and as long as the child continues in foster 
34.29 	care, the court shall also review the agency's planning for the child's independent living 
34.30 	after leaving foster care including how the agency is meeting the requirements of section 
34.31 	260C.212, subdivision 1, paragraph (c), clause (11). The court shall use the review 
34.32 	requirements of section 260C.203, in any review conducted under this paragraph.
34.33 		Subd. 5.Required placement by responsible social services agency. (a) No 
34.34 	petition for adoption shall be filed for a child under the guardianship of the commissioner 
34.35 	unless the child sought to be adopted has been placed for adoption with the adopting 
35.1 	parent by the responsible social services agency. The court may order the agency to make 
35.2 	an adoptive placement using standards and procedures under subdivision 6.
35.3 	(b) Any relative or the child's foster parent who believes the responsible agency 
35.4 	has not reasonably considered their request to be considered for adoptive placement as 
35.5 	required under section 260C.212, subdivision 2, and who wants to be considered for 
35.6 	adoptive placement of the child shall bring their request for consideration to the attention 
35.7 	of the court during a review required under this section. The child's guardian ad litem and 
35.8 	the child may also bring a request for a relative or the child's foster parent to be considered 
35.9 	for adoptive placement. After hearing from the agency, the court may order the agency to 
35.10 	take appropriate action regarding the relative's or foster parent's request for consideration 
35.11 	under section 260C.212, subdivision 2, paragraph (b).
35.12 		Subd. 6.Motion and hearing to order adoptive placement. (a) A relative or the 
35.13 	child's foster parent may file a motion for an order for adoptive placement of a child who 
35.14 	is under the guardianship of the commissioner if the relative or the child's foster parent:
35.15 	(1) has an adoption home study under section 259.41 approving the relative or 
35.16 	foster parent for adoption and has been a resident of Minnesota for at least six months 
35.17 	before filing the motion; or
35.18 	(2) is not a resident of Minnesota, but has an approved adoption home study by 
35.19 	an agency licensed or approved to complete an adoption home study in the state of the 
35.20 	individual's residence and the study is filed with the motion for adoptive placement.
35.21 	(b) The motion shall be filed with the court conducting reviews of the child's 
35.22 	progress toward adoption under this section. The motion and supporting documents must 
35.23 	make a prima facie showing that the agency has been unreasonable in failing to make the 
35.24 	requested adoptive placement. The motion must be served according to the requirements 
35.25 	for motions under the Minnesota Rules of Juvenile Protection Procedure and shall be 
35.26 	made on all individuals and entities listed in subdivision 2.
35.27 	(c) If the motion and supporting documents do not make a prima facie showing for 
35.28 	the court to determine whether the agency has been unreasonable in failing to make the 
35.29 	requested adoptive placement, the court shall dismiss the motion. If the court determines a 
35.30 	prima facie basis is made, the court shall set the matter for evidentiary hearing.
35.31 	(d) At the evidentiary hearing the responsible social services agency shall proceed 
35.32 	first with evidence about the reason for not making the adoptive placement proposed by the 
35.33 	moving party. The moving party then has the burden of proving by a preponderance of the 
35.34 	evidence that the agency has been unreasonable in failing to make the adoptive placement.
35.35 	(e) At the conclusion of the evidentiary hearing, if the court finds that the agency 
35.36 	has been unreasonable in failing to make the adoptive placement and that the relative or 
36.1 	the child's foster parent is the most suitable adoptive home to meet the child's needs 
36.2 	using the factors in section 260C.212, subdivision 2, paragraph (b), the court may order 
36.3 	the responsible social services agency to make an adoptive placement in the home of the 
36.4 	relative or the child's foster parent.
36.5 	(f) When the court orders the agent of the commissioner to make an adoptive 
36.6 	placement under this subdivision, the agent shall make reasonable efforts to obtain a fully 
36.7 	executed adoption placement agreement so that an adoptive placement may occur and an 
36.8 	adoption petition may be filed regarding the child in a timely manner.
36.9 	(g) Denial or granting of a motion for an order for adoptive placement after an 
36.10 	evidentiary hearing is an appealable order. An appeal shall be conducted according to the 
36.11 	requirements of the Rules of Juvenile Protection Procedure.
36.12 		Subd. 7.Changing adoptive plan when parent has consented to adoption.
 36.13 	When the child's parent has consented to adoption under section 260C.515, subdivision 3, 
36.14 	only the person identified by the parent and agreed to by the agency as the prospective 
36.15 	adoptive parent qualifies for adoptive placement of the child until the responsible social 
36.16 	services agency has reported to the court and the court has found in a hearing under this 
36.17 	section that it is not possible to finalize an adoption by the identified prospective adoptive 
36.18 	parent within 12 months of the execution of the consent to adopt under section 260C.515, 
36.19 	subdivision 3, unless the responsible social services agency certifies that the failure to 
36.20 	finalize is not due to either an action or a failure to act by the prospective adoptive parent.
36.21 		Subd. 8.Timing modified. (a) The court may review the responsible social services 
36.22 	agency's reasonable efforts to finalize an adoption more frequently than every 90 days 
36.23 	whenever a more frequent review would assist in finalizing the adoption.
36.24 	(b) In appropriate cases, the court may review the responsible social services 
36.25 	agency's reasonable efforts to finalize an adoption less frequently than every 90 days. The 
36.26 	court shall not find it appropriate to review progress toward adoption less frequently 
36.27 	than every 90 days except when:
36.28 	(1) the court has approved the agency's reasonable efforts to recruit, identify, and 
36.29 	place the child in an adoptive home on a continuing basis for at least 24 months after the 
36.30 	court has issued the order for guardianship;
36.31 	(2) the child is at least 16 years old; and
36.32 	(3) the child's guardian ad litem agrees that review less frequently than every 90 
36.33 	days is in the child's best interests.
36.34 	(c) In no event shall the court's review be less frequent than every six months.

36.35 	Sec. 33. [260C.609] SOCIAL AND MEDICAL HISTORY.
37.1 	(a) The responsible social services agency shall work with the birth family of the 
37.2 	child, foster family, medical and treatment providers, and the child's school to ensure there 
37.3 	is a detailed, thorough, and currently up-to-date social and medical history of the child as 
37.4 	required under section 259.43 on the forms required by the commissioner.
37.5 	(b) When the child continues in foster care, the agency's reasonable efforts to 
37.6 	complete the history shall begin no later than the permanency progress review hearing 
37.7 	required under section 260C.204 or six months after the child's placement in foster care.
37.8 	(c) The agency shall thoroughly discuss the child's history with the adopting parent 
37.9 	of the child and shall give a copy of the report of the child's social and medical history 
37.10 	to the adopting parent. A copy of the child's social and medical history may also be 
37.11 	given to the child as appropriate.
37.12 	(d) The report shall not include information that identifies birth relatives. Redacted 
37.13 	copies of all the child's relevant evaluations, assessments, and records must be attached 
37.14 	to the social and medical history.

37.15 	Sec. 34. [260C.611] ADOPTION STUDY REQUIRED.
37.16 	An adoption study under section 259.41 approving placement of the child in the 
37.17 	home of the prospective adoptive parent shall be completed before placing any child 
37.18 	under the guardianship of the commissioner in a home for adoption. If a prospective 
37.19 	adoptive parent has previously held a foster care license or adoptive home study, any 
37.20 	update necessary to the foster care license, or updated or new adoptive home study, if not 
37.21 	completed by the licensing authority responsible for the previous license or home study, 
37.22 	shall include collateral information from the previous licensing or approving agency, if 
37.23 	available.

37.24 	Sec. 35. [260C.613] SOCIAL SERVICES AGENCY AS COMMISSIONER'S 
37.25 	AGENT.
37.26 		Subdivision 1.Adoptive placement decisions. (a) The responsible social services 
37.27 	agency has exclusive authority to make an adoptive placement of a child under the 
37.28 	guardianship of the commissioner. The child shall be considered placed for adoption when 
37.29 	the adopting parent, the agency, and the commissioner have fully executed an adoption 
37.30 	placement agreement.
37.31 	(b) The responsible social services agency shall use an individualized determination 
37.32 	of the child's current needs pursuant to section 260C.212, subdivision 2, paragraph (b), to 
37.33 	determine the most suitable adopting parent for the child in the child's best interests.
38.1 	(c) The responsible social services agency shall notify the court and parties entitled 
38.2 	to notice under section 260C.607, subdivision 2, when there is a fully executed adoption 
38.3 	placement agreement for the child.
38.4 	(d) In the event an adoption placement agreement terminates, the responsible 
38.5 	social services agency shall notify the court, the parties entitled to notice under section 
38.6 	260C.607, subdivision 2, and the commissioner that the agreement and the adoptive 
38.7 	placement have terminated.
38.8 		Subd. 2.Disclosure of data permitted to identify adoptive parent. The 
38.9 	responsible social services agency may disclose private data, as defined in section 13.02, to 
38.10 	prospective adoptive parents for the purpose of identifying an adoptive parent willing and 
38.11 	able to meet the child's needs as outlined in section 260C.212, subdivision 2, paragraph (b).
38.12 		Subd. 3.Siblings placed together. The responsible social services agency shall 
38.13 	place siblings together for adoption according to section 260.012, paragraph (e), clause 
38.14 	(4), unless:
38.15 	(1) the court makes findings required under section 260C.617; and
38.16 	(2) the court orders that the adoption or progress toward adoption of the child under 
38.17 	the court's jurisdiction may proceed notwithstanding that the adoption will result in 
38.18 	siblings being separated.
38.19 		Subd. 4.Other considerations. Placement of a child cannot be delayed or denied 
38.20 	based on the race, color, or national origin of the prospective parent or the child.
38.21 		Subd. 5.Required record keeping. The responsible social services agency 
38.22 	shall document, in the records required to be kept under section 259.79, the reasons 
38.23 	for the adoptive placement decision regarding the child, including the individualized 
38.24 	determination of the child's needs based on the factors in section 260C.212, subdivision 
38.25 	2, paragraph (b), and the assessment of how the selected adoptive placement meets the 
38.26 	identified needs of the child. The responsible social services agency shall retain in the 
38.27 	records required to be kept under section 259.79, copies of all out-of-home placement 
38.28 	plans made since the child was ordered under guardianship of the commissioner and all 
38.29 	court orders from reviews conducted pursuant to section 260C.607.
38.30 		Subd. 6.Death notification. (a) The responsible social services agency shall inform 
38.31 	parents who adopt a child that they must notify the agency if the child dies. The agency 
38.32 	also shall inform the adoptive parents that the adoptive parents of an adopted child under 
38.33 	age 19 or an adopted person age 19 or older may maintain a current address on file with 
38.34 	the agency and indicate a desire to be notified if the agency receives information of the 
38.35 	death of a birth parent. The agency shall inform birth parents who are entitled to notice 
38.36 	under section 259.27, that the agency will notify them of the child's death and the cause 
39.1 	of death, if known, provided that the birth parents desire notice and maintain current 
39.2 	addresses on file with the agency. The agency shall inform birth parents entitled to notice 
39.3 	under section 259.27, that they may designate individuals to notify the agency if a birth 
39.4 	parent dies and that the agency receiving information of the birth parent's death will share 
39.5 	the information with adoptive parents, if the adopted person is under age 19, or an adopted 
39.6 	person age 19 or older who has indicated a desire to be notified of the death of a birth 
39.7 	parent and who maintains a current address on file with the agency.
39.8 	(b) Notice to a birth parent that a child has died or to the adoptive parents or an 
39.9 	adopted person age 19 or older that a birth parent has died shall be provided by an 
39.10 	employee of the agency through personal and confidential contact, but not by mail.
39.11 		Subd. 7.Terminal illness notification. If a birth parent or the child is terminally ill, 
39.12 	the responsible social services agency shall inform the adoptive parents and birth parents 
39.13 	of a child who is adopted that the birth parents, the adoptive parents of an adopted person 
39.14 	under age 19, or an adopted person age 19 or older may request to be notified of the 
39.15 	terminal illness. The agency shall notify the other parties if a request is received under 
39.16 	this subdivision and upon a party's request the agency shall share information regarding a 
39.17 	terminal illness with the adoptive or birth parents or an adopted person age 19 or older.

39.18 	Sec. 36. [260C.615] DUTIES OF COMMISSIONER.
39.19 		Subdivision 1.Duties. (a) For any child who is under the guardianship of the 
39.20 	commissioner, the commissioner has the exclusive rights to consent to:
39.21 	(1) a physician's order not to resuscitate or intubate the child or for end-of-life 
39.22 	care; and
39.23 	(2) the child donating a part of the child's body to another person while the child 
39.24 	is living.
39.25 	(b) In addition to the exclusive rights under paragraph (a), the commissioner has 
39.26 	a duty to:
39.27 	(1) process any complete and accurate request for home study through the Interstate 
39.28 	Compact on the Placement of Children under section 260.851;
39.29 	(2) process any complete and accurate application for adoption assistance forwarded 
39.30 	by the responsible social services agency;
39.31 	(3) complete the execution of an adoption placement agreement forwarded to the 
39.32 	commissioner by the responsible social services agency and return it to the agency in a 
39.33 	timely fashion; and
39.34 	(4) maintain records as required in chapter 259.
40.1 		Subd. 2.Duties not reserved. All duties, obligations, and consents not specifically 
40.2 	reserved to the commissioner in this section are delegated to the responsible social 
40.3 	services agency.

40.4 	Sec. 37. [260C.617] SIBLING PLACEMENT.
40.5 	(a) The responsible social services agency shall make every effort to place siblings 
40.6 	together for adoption.
40.7 	(b) The court shall review any proposal by the responsible social services agency to 
40.8 	separate siblings for purposes of adoption.
40.9 	(c) If there is venue in more than one county for matters regarding siblings who are 
40.10 	under the guardianship of the commissioner, the judges conducting reviews regarding 
40.11 	the siblings shall communicate with each other about the siblings' needs and, where 
40.12 	appropriate, shall conduct review hearings in a manner that ensures coordinated planning 
40.13 	by agencies involved in decision making for the siblings.
40.14 	(d) After notice to the individuals and entities listed in section 260C.627, the foster 
40.15 	or prospective adoptive parent of the child, and any foster, adopting, or adoptive parents 
40.16 	of the child's siblings, or relatives with permanent legal and physical custody of the 
40.17 	child's sibling, and upon hearing, the court may determine that a child under the court's 
40.18 	jurisdiction may be separated from the child's sibling for adoption when:
40.19 	(1) the responsible social services agency has made reasonable efforts to place the 
40.20 	siblings together, and after finding reasonable efforts have been made, the court finds 
40.21 	further efforts would significantly delay the adoption of one or more of the siblings and 
40.22 	are therefore not in the best interests of one or more of the siblings; or
40.23 	(2) the court determines it is not in the best interests of one or more of the siblings to 
40.24 	be placed together after reasonable efforts by the responsible social services agency to 
40.25 	place the siblings together.

40.26 	Sec. 38. [260C.619] COMMUNICATION AND CONTACT AGREEMENTS.
40.27 	(a) An adopting parent and a relative or foster parent of the child may enter into an 
40.28 	agreement regarding communication with or contact between the adopted child, adopting 
40.29 	parent, and the relative or foster parent. An agreement may be entered between:
40.30 	(1) an adopting parent and a birth parent;
40.31 	(2) an adopting parent and any relative or foster parent with whom the child resided 
40.32 	before being adopted; and
40.33 	(3) an adopting parent and the parent or legal custodian of a sibling of the child, if 
40.34 	the sibling is a minor, or any adult sibling of the child.
41.1 	(b) An agreement regarding communication with or contact between the child, 
41.2 	adoptive parents, and a relative or foster parent, is enforceable when the terms of the 
41.3 	agreement are contained in a written court order. The order must be issued before or at the 
41.4 	time of the granting of the decree of adoption. The order granting the communication, 
41.5 	contact, or visitation shall be filed in the adoption file.
41.6 	(c) The court shall mail a certified copy of the order to the parties to the agreement or 
41.7 	their representatives at the addresses provided by the parties to the agreement. Service shall 
41.8 	be completed in a manner that maintains the confidentiality of confidential information.
41.9 	(d) The court shall not enter a proposed order unless the terms of the order have been 
41.10 	approved in writing by the prospective adoptive parents, the birth relative or the foster 
41.11 	parent who desires to be a party to the agreement, and the responsible social services 
41.12 	agency.
41.13 	(e) An agreement under this section need not disclose the identity of the parties to be 
41.14 	legally enforceable and when the identity of the parties to the agreement is not disclosed, 
41.15 	data about the identities in the adoption file shall remain confidential.
41.16 	(f) The court shall not enter a proposed order unless the court finds that the 
41.17 	communication or contact between the minor adoptee, the adoptive parents, and the 
41.18 	relative, foster parents, or siblings as agreed upon and contained in the proposed order, 
41.19 	would be in the child's best interests.
41.20 	(g) Failure to comply with the terms of an order regarding communication or contact 
41.21 	that has been entered by the court under this section is not grounds for:
41.22 	(1) setting aside an adoption decree; or
41.23 	(2) revocation of a written consent to an adoption after that consent has become 
41.24 	irrevocable.
41.25 	(h) An order regarding communication or contact entered under this section may be 
41.26 	enforced by filing a motion in the existing adoption file with the court that entered the 
41.27 	contact agreement. Any party to the communication or contact order or the child who is 
41.28 	the subject of the order has standing to file the motion to enforce the order. The prevailing 
41.29 	party may be awarded reasonable attorney fees and costs.
41.30 	(i) The court shall not modify an order under this section unless it finds that the 
41.31 	modification is necessary to serve the best interests of the child, and:
41.32 	(1) the modification is agreed to by the parties to the agreement; or
41.33 	(2) exceptional circumstances have arisen since the order was entered that justified 
41.34 	modification of the order.

41.35 	Sec. 39. [260C.621] JURISDICTION AND VENUE.
42.1 		Subdivision 1.Jurisdiction. (a) The juvenile court has original jurisdiction for all 
42.2 	adoption proceedings involving the adoption of a child under the guardianship of the 
42.3 	commissioner, including when the commissioner approves the placement of the child 
42.4 	through the Interstate Compact on the Placement of Children under section 260.851 for 
42.5 	adoption outside the state of Minnesota and an adoption petition is filed in Minnesota.
42.6 	(b) The receiving state also has jurisdiction to conduct an adoption proceeding for a 
42.7 	child under the guardianship of the commissioner when the adopting home was approved 
42.8 	by the receiving state through the interstate compact.
42.9 		Subd. 2.Venue. (a) Venue for the adoption of a child committed to the guardianship 
42.10 	of the commissioner of human services shall be the court conducting reviews in the matter 
42.11 	according to section 260C.607.
42.12 	(b) Upon request of the responsible social services agency, the court conducting 
42.13 	reviews under section 260C.607 may order that filing an adoption petition involving a 
42.14 	child under the guardianship of the commissioner be permitted in the county where the 
42.15 	adopting parent resides upon determining that:
42.16 	(1) there is no motion for an order for adoptive placement of the child that has been 
42.17 	filed or is reasonably anticipated by the responsible social services agency to be filed; and
42.18 	(2) filing the petition in the adopting parent's county of residence will expedite the 
42.19 	proceedings and serve the best interests of the child.
42.20 	(c) When the court issues an order under paragraph (b), a copy of the court order 
42.21 	shall be filed together with the adoption petition in the court of the adopting parent's 
42.22 	county of residence.
42.23 	(d) The court in the adopting parent's county of residence shall notify the court 
42.24 	continuing to conduct reviews under section 260C.607 when the adoption is finalized so 
42.25 	that the court conducting reviews under section 260C.607 may close its jurisdiction and 
42.26 	the court record, including the court's electronic case record, in the county conducting the 
42.27 	review, shall reflect that adoption of the child was finalized.

42.28 	Sec. 40. [260C.623] ADOPTION PETITION.
42.29 		Subdivision 1.Who may petition. (a) The responsible social services agency may 
42.30 	petition for the adopting parent to adopt a child who is under the guardianship of the 
42.31 	commissioner. The petition shall contain or have attached a statement certified by the 
42.32 	adopting parent that the adopting parent desires that the relationship of parent and child 
42.33 	be established between the adopting parent and the child and that adoption is in the best 
42.34 	interests of the child.
42.35 	(b) The adopting parent may petition the court for adoption of the child.
43.1 	(c) An adopting parent must be at least 21 years of age at the time the adoption 
43.2 	petition is filed unless the adopting parent is an individual related to the child, as defined 
43.3 	by section 245A.02, subdivision 13.
43.4 	(d) The petition may be filed in Minnesota by an adopting parent who resides within 
43.5 	or outside the state.
43.6 		Subd. 2.Time for filing petition. (a) An adoption petition shall be filed not later 
43.7 	than nine months after the date of the fully executed adoption placement agreement unless 
43.8 	the court finds that:
43.9 	(1) the time for filing a petition be extended because of the child's special needs 
43.10 	as defined under title IV-E of the federal Social Security Act, United States Code, title 
43.11 	42, section 672; or
43.12 	(2) based on a written plan for completing filing of the petition, including a specific 
43.13 	timeline, to which the adopting parent has agreed, the time for filing a petition be extended 
43.14 	long enough to complete the plan because an extension is in the best interests of the child 
43.15 	and additional time is needed for the child to adjust to the adoptive home.
43.16 	(b) If an adoption petition is not filed within nine months of the execution of the 
43.17 	adoption placement agreement as required under section 260C.613, subdivision 1, and 
43.18 	after giving the adopting parent written notice of its request together with the date and 
43.19 	time of the hearing set to consider its report, the responsible social services agency shall 
43.20 	file a report requesting an order for one of the following:
43.21 	(1) that the time for filing a petition be extended because of the child's special needs 
43.22 	as defined under title IV-E of the federal Social Security Act, United States Code, title 
43.23 	42, section 673;
43.24 	(2) that, based on a written plan for completing filing of the petition, including a 
43.25 	specific timeline, to which the adopting parent has agreed, the time for filing a petition can 
43.26 	be extended long enough to complete the plan because an extension is in the best interests 
43.27 	of the child and additional time is needed for the child to adjust to the adoptive home; or
43.28 	(3) that the child can be removed from the adopting home.
43.29 	(c) At the conclusion of the review, the court shall issue findings, appropriate orders 
43.30 	for the parties to take action or steps required to advance the case toward a finalized 
43.31 	adoption, and set the date and time for the next review hearing.
43.32 		Subd. 3.Requirements of petition. (a) The petition shall be captioned in the legal 
43.33 	name of the child as that name is reflected on the child's birth record prior to adoption and 
43.34 	shall be entitled "Petition to Adopt Child under the Guardianship of the Commissioner 
43.35 	of Human Services." The actual name of the child shall be supplied to the court by the 
44.1 	responsible social services agency if unknown to the individual with whom the agency 
44.2 	has made the adoptive placement.
44.3 	(b) The adoption petition shall be verified as required in section 260C.141, 
44.4 	subdivision 4, and, if filed by the responsible social services agency, signed and approved 
44.5 	by the county attorney.
44.6 	(c) The petition shall state:
44.7 	(1) the full name, age, and place of residence of the adopting parent;
44.8 	(2) if the adopting parents are married, the date and place of marriage;
44.9 	(3) the date the adopting parent acquired physical custody of the child;
44.10 	(4) the date of the adopting placement by the responsible social services agency;
44.11 	(5) the date of the birth of the child, if known, and the county, state, and country 
44.12 	where born;
44.13 	(6) the name to be given the child, if a change of name is desired;
44.14 	(7) the description and value of any real or personal property owned by the child;
44.15 	(8) the relationship of the adopting parent to the child prior to adoption, if any;
44.16 	(9) whether the Indian Child Welfare Act does or does not apply; and
44.17 	(10) the name and address of:
44.18 	(i) the child's guardian ad litem;
44.19 	(ii) the adoptee, if age ten or older;
44.20 	(iii) the child's Indian tribe, if the child is an Indian child; and
44.21 	(iv) the responsible social services agency.
44.22 	(d) A petition may ask for the adoption of two or more children.
44.23 	(e) If a petition is for adoption by a married person, both spouses must sign the 
44.24 	petition indicating willingness to adopt the child and the petition must ask for adoption by 
44.25 	both spouses unless the court approves adoption by only one spouse when spouses do not 
44.26 	reside together or for other good cause shown.
44.27 	(f) If the petition is for adoption by a person residing outside the state, the adoptive 
44.28 	placement must have been approved by the state where the person is a resident through the 
44.29 	Interstate Compact on the Placement of Children, sections 260.851 to 260.92.
44.30 		Subd. 4.Attachments to the petition. The following must be filed with the petition:
44.31 	(1) the adoption study report required under section 259.41;
44.32 	(2) the social and medical history required under sections 259.43 and 260C.609; and
44.33 	(3) a document prepared by the petitioner that establishes who must be given notice 
44.34 	under section 260C.627, subdivision 1, that includes the names and mailing addresses of 
44.35 	those to be served by the court administrator.

45.1 	Sec. 41. [260C.625] DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
45.2 	(a) The following shall be filed by the responsible social services agency prior to 
45.3 	finalization of the adoption:
45.4 	(1) a certified copy of the child's birth record;
45.5 	(2) a certified copy of the findings and order terminating parental rights or order 
45.6 	accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for 
45.7 	guardianship to the commissioner;
45.8 	(3) a copy of any communication or contact agreement under section 260C.619;
45.9 	(4) certification that the Minnesota Fathers' Adoption Registry has been searched 
45.10 	which requirement may be met according to the requirements of the Minnesota Rules of 
45.11 	Adoption Procedure, Rule 32.01, subdivision 2;
45.12 	(5) the original of each consent to adoption required, if any, unless the original was 
45.13 	filed in the permanency proceeding conducted under section 260C.515, subdivision 3, and 
45.14 	the order filed under clause (2) has a copy of the consent attached; and
45.15 	(6) the postplacement assessment report required under section 259.53, subdivision 
45.16 	2.
45.17 	(b) The responsible social services agency shall provide any known aliases of the 
45.18 	child to the court.

45.19 	Sec. 42. [260C.627] NOTICE OF ADOPTION PROCEEDINGS.
45.20 		Subdivision 1.To whom given. (a) Notice of the adoption proceedings shall not 
45.21 	be given to any parent whose rights have been terminated or who has consented to the 
45.22 	adoption of the child under this chapter.
45.23 	(b) Notice of the adoption proceedings shall be given by the court administrator to 
45.24 	the following:
45.25 	(1) the child's tribe if the child is an Indian child;
45.26 	(2) the responsible social services agency;
45.27 	(3) the child's guardian ad litem;
45.28 	(4) the child, if the child is age ten or over;
45.29 	(5) the child's attorney;
45.30 	(6) the adopting parent, if the adopting parent is not the petitioner; and
45.31 	(7) the petitioner.
45.32 	(c) Notice of a hearing regarding the adoption petition shall have a copy of the 
45.33 	petition attached unless service of the petition has already been accomplished.
46.1 		Subd. 2.Method of service. Notice of adoption proceedings for a child under the 
46.2 	guardianship of the commissioner may be served by United States mail or any other 
46.3 	method approved by the Minnesota Rules of Adoption Procedure.

46.4 	Sec. 43. [260C.629] FINALIZATION HEARING.
46.5 		Subdivision 1.Consent. (a) A parent whose rights to the child have not been 
46.6 	terminated must consent to the adoption of the child. A parent may consent to the adoption 
46.7 	of the child under section 260C.515, subdivision 3, and that consent shall be irrevocable 
46.8 	upon acceptance by the court except as otherwise provided in section 260C.515, 
46.9 	subdivision 3, clause (2)(i). A parent of an Indian child may consent to the adoption of 
46.10 	the child according to United States Code, title 25, section 1913, and that consent may be 
46.11 	withdrawn for any reason at any time before the entry of a final decree of adoption.
46.12 	(b) When the child to be adopted is age 14 years or older, the child's written consent 
46.13 	to adoption by the adopting person is required.
46.14 	(c) Consent by the responsible social services agency or the commissioner is not 
46.15 	required because the adoptive placement has been made by the responsible social services 
46.16 	agency.
46.17 		Subd. 2.Required documents. In order to issue a decree for adoption and enter 
46.18 	judgment accordingly, the court must have the following documents in the record:
46.19 	(1) original birth record of the child;
46.20 	(2) adoption study report including a background study required under section 
46.21 	259.41;
46.22 	(3) a certified copy of the findings and order terminating parental rights or order 
46.23 	accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for 
46.24 	guardianship to the commissioner;
46.25 	(4) any consents required under subdivision 1;
46.26 	(5) child's social and medical history under section 260C.609;
46.27 	(6) postplacement assessment report required under section 259.53, subdivision 2, 
46.28 	unless waived by the court on the record at a hearing under section 260C.607; and
46.29 	(7) report from the child's guardian ad litem.

46.30 	Sec. 44. [260C.631] JUDGMENT AND DECREE.
46.31 	(a) After taking testimony from the responsible social services agency, which may 
46.32 	be by telephone or affidavit if the court has transferred venue of the matter to a county 
46.33 	not conducting the posttermination of parental rights reviews under section 260C.607, 
46.34 	and the adopting parent, if the court finds that it is in the best interests of the child that 
47.1 	the petition be granted, a decree of adoption shall be issued ordering that the child to be 
47.2 	adopted shall be the child of the adopting parent. In the decree, the court may change the 
47.3 	name of the adopted child, if a name change is requested.
47.4 	(b) After the decree is granted, the court administrator shall mail a copy of the decree 
47.5 	to the commissioner of human services.

47.6 	Sec. 45. [260C.633] ADOPTION DENIED.
47.7 	If the court is not satisfied that the proposed adoption is in the best interests of the 
47.8 	child to be adopted, the court shall deny the petition, and order the responsible social 
47.9 	services agency to take appropriate action for the protection and safety of the child. If 
47.10 	venue has been transferred under section 260C.621, subdivision 2, the court denying 
47.11 	the petition shall notify the court originally conducting the guardianship reviews under 
47.12 	section 260C.607.

47.13 	Sec. 46. [260C.635] EFFECT OF ADOPTION.
47.14 		Subdivision 1.Legal effect. (a) Upon adoption, the adopted child becomes the legal 
47.15 	child of the adopting parent and the adopting parent becomes the legal parent of the child 
47.16 	with all the rights and duties between them of a birth parent and child.
47.17 	(b) The child shall inherit from the adoptive parent and the adoptive parent's 
47.18 	relatives the same as though the child were the birth child of the parent, and in case of the 
47.19 	child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit 
47.20 	the child's estate as if the child had been the adoptive parent's birth child.
47.21 	(c) After a decree of adoption is entered, the birth parents or previous legal parents 
47.22 	of the child shall be relieved of all parental responsibilities for the child except child 
47.23 	support that has accrued to the date of the order for guardianship to the commissioner 
47.24 	which continues to be due and owing. The child's birth or previous legal parent shall not 
47.25 	exercise or have any rights over the adopted child or the adopted child's property, person, 
47.26 	privacy, or reputation.
47.27 	(d) The adopted child shall not owe the birth parents or the birth parent's relatives 
47.28 	any legal duty nor shall the adopted child inherit from the birth parents or kindred unless 
47.29 	otherwise provided for in a will of the birth parent or kindred.
47.30 		Subd. 2.Enrollment in American Indian tribe. Notwithstanding the provisions 
47.31 	of subdivision 1, the adoption of a child whose birth parent or parents are enrolled in an 
47.32 	American Indian tribe shall not change the child's enrollment in that tribe.
48.1 		Subd. 3.Communication or contact agreements. This section does not prohibit 
48.2 	birth parents, relatives, birth or legal siblings, and adoptive parents from entering a 
48.3 	communication or contact agreement under section 260C.619.

48.4 	Sec. 47. Minnesota Statutes 2010, section 541.04, is amended to read:
48.5 	541.04 JUDGMENTS, TEN OR 20 YEARS.
48.6 	No action shall be maintained upon a judgment or decree of a court of the United 
48.7 	States, or of any state or territory thereof, unless begun within ten years after the entry of 
48.8 	such judgment or, in the case of a judgment for child support, including a judgment by 
48.9 	operation of law, unless begun within 20 years after entry of the judgment.

48.10 	EFFECTIVE DATE. The amendments to this section are effective retroactively 
48.11 	from April 15, 2010, the date the language stricken in this section was finally enacted.

48.12 	Sec. 48. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:
48.13 		Subdivision 1.Entry and docketing; survival of judgment. Except as provided 
48.14 	in section 548.091, every judgment requiring the payment of money shall be entered 
48.15 	by the court administrator when ordered by the court and will be docketed by the court 
48.16 	administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript 
48.17 	of the docket being filed with the court administrator in any other county, the court 
48.18 	administrator shall also docket it. From the time of docketing the judgment is a lien, in 
48.19 	the amount unpaid, upon all real property in the county then or thereafter owned by the 
48.20 	judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant 
48.21 	to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten 
48.22 	years after its entry or, in the case of a judgment for child support, including a judgment 
48.23 	by operation of law, for 20 years after its entry. Child support judgments may be renewed 
48.24 	pursuant to section 548.091.

48.25 	EFFECTIVE DATE. The amendments to this section are effective retroactively 
48.26 	from April 15, 2010, the date the language stricken in this section was finally enacted.

48.27 	Sec. 49. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
48.28 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
48.29 	given them unless the specific content indicates otherwise:
48.30 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
48.31 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
48.32 	child maltreatment report that does not allege substantial child endangerment. Family 
49.1 	assessment does not include a determination as to whether child maltreatment occurred 
49.2 	but does determine the need for services to address the safety of family members and the 
49.3 	risk of subsequent maltreatment.
49.4 	(b) "Investigation" means fact gathering related to the current safety of a child 
49.5 	and the risk of subsequent maltreatment that determines whether child maltreatment 
49.6 	occurred and whether child protective services are needed. An investigation must be used 
49.7 	when reports involve substantial child endangerment, and for reports of maltreatment in 
49.8 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
49.9 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
49.10 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
49.11 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
49.12 	(c) "Substantial child endangerment" means a person responsible for a child's care, 
49.13 	and in the case of sexual abuse includes a person who has a significant relationship to the 
49.14 	child as defined in section 609.341, or a person in a position of authority as defined in 
49.15 	section 609.341, who by act or omission commits or attempts to commit an act against a 
49.16 	child under their care that constitutes any of the following:
49.17 	(1) egregious harm as defined in section 260C.007, subdivision 14;
49.18 	(2) sexual abuse as defined in paragraph (d);
49.19 	(3) abandonment under section 260C.301, subdivision 2;
49.20 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
49.21 	child's physical or mental health, including a growth delay, which may be referred to as 
49.22 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
49.23 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
49.24 	609.195;
49.25 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
49.26 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
49.27 	609.223;
49.28 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
49.29 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
49.30 	(10) solicitation of children to engage in sexual conduct under section 609.352;
49.31 	(11) malicious punishment or neglect or endangerment of a child under section 
49.32 	609.377 or 609.378;
49.33 	(12) use of a minor in sexual performance under section 617.246; or
49.34 	(13) parental behavior, status, or condition which mandates that the county attorney 
49.35 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
49.36 	paragraph (a).
50.1 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
50.2 	child's care, by a person who has a significant relationship to the child, as defined in 
50.3 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
50.4 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
50.5 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
50.6 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
50.7 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
50.8 	abuse also includes any act which involves a minor which constitutes a violation of 
50.9 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
50.10 	threatened sexual abuse.
50.11 	(e) "Person responsible for the child's care" means (1) an individual functioning 
50.12 	within the family unit and having responsibilities for the care of the child such as a 
50.13 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
50.14 	functioning outside the family unit and having responsibilities for the care of the child 
50.15 	such as a teacher, school administrator, other school employees or agents, or other lawful 
50.16 	custodian of a child having either full-time or short-term care responsibilities including, 
50.17 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
50.18 	and coaching.
50.19 	(f) "Neglect" means the commission or omission of any of the acts specified under 
50.20 	clauses (1) to (9), other than by accidental means:
50.21 	(1) failure by a person responsible for a child's care to supply a child with necessary 
50.22 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
50.23 	mental health when reasonably able to do so;
50.24 	(2) failure to protect a child from conditions or actions that seriously endanger the 
50.25 	child's physical or mental health when reasonably able to do so, including a growth delay, 
50.26 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
50.27 	is due to parental neglect;
50.28 	(3) failure to provide for necessary supervision or child care arrangements 
50.29 	appropriate for a child after considering factors as the child's age, mental ability, physical 
50.30 	condition, length of absence, or environment, when the child is unable to care for the 
50.31 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
50.32 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
50.33 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
50.34 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
50.35 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
50.36 	because the child's parent, guardian, or other person responsible for the child's care in 
51.1 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
51.2 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
51.3 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
51.4 	if a lack of medical care may cause serious danger to the child's health. This section does 
51.5 	not impose upon persons, not otherwise legally responsible for providing a child with 
51.6 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
51.7 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
51.8 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
51.9 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
51.10 	delivery or the child at birth, or medical effects or developmental delays during the child's 
51.11 	first year of life that medically indicate prenatal exposure to a controlled substance;
51.12 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
51.13 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
51.14 	person responsible for the care of the child that adversely affects the child's basic needs 
51.15 	and safety; or
51.16 	(9) emotional harm from a pattern of behavior which contributes to impaired 
51.17 	emotional functioning of the child which may be demonstrated by a substantial and 
51.18 	observable effect in the child's behavior, emotional response, or cognition that is not 
51.19 	within the normal range for the child's age and stage of development, with due regard to 
51.20 	the child's culture.
51.21 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
51.22 	inflicted by a person responsible for the child's care on a child other than by accidental 
51.23 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
51.24 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
51.25 	that have not been authorized under section 121A.67 or 245.825.
51.26 	Abuse does not include reasonable and moderate physical discipline of a child 
51.27 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
51.28 	not include the use of reasonable force by a teacher, principal, or school employee as 
51.29 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
51.30 	but are not limited to, any of the following that are done in anger or without regard to the 
51.31 	safety of the child:
51.32 	(1) throwing, kicking, burning, biting, or cutting a child;
51.33 	(2) striking a child with a closed fist;
51.34 	(3) shaking a child under age three;
51.35 	(4) striking or other actions which result in any nonaccidental injury to a child 
51.36 	under 18 months of age;
52.1 	(5) unreasonable interference with a child's breathing;
52.2 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
52.3 	(7) striking a child under age one on the face or head;
52.4 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
52.5 	substances which were not prescribed for the child by a practitioner, in order to control or 
52.6 	punish the child; or other substances that substantially affect the child's behavior, motor 
52.7 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
52.8 	child to medical procedures that would be unnecessary if the child were not exposed 
52.9 	to the substances;
52.10 	(9) unreasonable physical confinement or restraint not permitted under section 
52.11 	609.379, including but not limited to tying, caging, or chaining; or
52.12 	(10) in a school facility or school zone, an act by a person responsible for the child's 
52.13 	care that is a violation under section 121A.58.
52.14 	(h) "Report" means any report received by the local welfare agency, police 
52.15 	department, county sheriff, or agency responsible for assessing or investigating 
52.16 	maltreatment pursuant to this section.
52.17 	(i) "Facility" means:
52.18 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
52.19 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
52.20 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
52.21 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
52.22 	124D.10; or
52.23 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
52.24 	subdivision 16, and 256B.0625, subdivision 19a.
52.25 	(j) "Operator" means an operator or agency as defined in section 245A.02.
52.26 	(k) "Commissioner" means the commissioner of human services.
52.27 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
52.28 	not limited to employee assistance counseling and the provision of guardian ad litem and 
52.29 	parenting time expeditor services.
52.30 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
52.31 	stability of a child as evidenced by an observable or substantial impairment in the child's 
52.32 	ability to function within a normal range of performance and behavior with due regard to 
52.33 	the child's culture.
52.34 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
52.35 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
53.1 	injury includes, but is not limited to, exposing a child to a person responsible for the 
53.2 	child's care, as defined in paragraph (e), clause (1), who has:
53.3 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
53.4 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
53.5 	similar law of another jurisdiction;
53.6 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
53.7 	(4), or a similar law of another jurisdiction;
53.8 	(3) committed an act that has resulted in an involuntary termination of parental rights 
53.9 	under section 260C.301, or a similar law of another jurisdiction; or
53.10 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
53.11 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
53.12 	paragraph (d), clause (1), or a similar law of another jurisdiction.
53.13 	A child is the subject of a report of threatened injury when the responsible social 
53.14 	services agency receives birth match data under paragraph (o) from the Department of 
53.15 	Human Services.
53.16 	(o) Upon receiving data under section 144.225, subdivision 2b, contained in a 
53.17 	birth record or recognition of parentage identifying a child who is subject to threatened 
53.18 	injury under paragraph (n), the Department of Human Services shall send the data to the 
53.19 	responsible social services agency. The data is known as "birth match" data. Unless the 
53.20 	responsible social services agency has already begun an investigation or assessment of the 
53.21 	report due to the birth of the child or execution of the recognition of parentage and the 
53.22 	parent's previous history with child protection, the agency shall accept the birth match 
53.23 	data as a report under this section. The agency may use either a family assessment or 
53.24 	investigation to determine whether the child is safe. All of the provisions of this section 
53.25 	apply. If the child is determined to be safe, the agency shall consult with the county 
53.26 	attorney to determine the appropriateness of filing a petition alleging the child is in need 
53.27 	of protection or services under section 260C.007, subdivision 6, clause (16), in order to 
53.28 	deliver needed services. If the child is determined not to be safe, the agency and the county 
53.29 	attorney shall take appropriate action as required under section 260C.301, subdivision 3.
53.30 	(o) (p) Persons who conduct assessments or investigations under this section 
53.31 	shall take into account accepted child-rearing practices of the culture in which a child 
53.32 	participates and accepted teacher discipline practices, which are not injurious to the child's 
53.33 	health, welfare, and safety.
53.34 	(p) (q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
53.35 	occurrence or event which:
54.1 	(1) is not likely to occur and could not have been prevented by exercise of due 
54.2 	care; and
54.3 	(2) if occurring while a child is receiving services from a facility, happens when the 
54.4 	facility and the employee or person providing services in the facility are in compliance 
54.5 	with the laws and rules relevant to the occurrence or event.
54.6 	(q) (r) "Nonmaltreatment mistake" means:
54.7 	(1) at the time of the incident, the individual was performing duties identified in the 
54.8 	center's child care program plan required under Minnesota Rules, part 9503.0045;
54.9 	(2) the individual has not been determined responsible for a similar incident that 
54.10 	resulted in a finding of maltreatment for at least seven years;
54.11 	(3) the individual has not been determined to have committed a similar 
54.12 	nonmaltreatment mistake under this paragraph for at least four years;
54.13 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
54.14 	remedies that are available over the counter, whether ordered by a medical professional or 
54.15 	not; and
54.16 	(5) except for the period when the incident occurred, the facility and the individual 
54.17 	providing services were both in compliance with all licensing requirements relevant to the 
54.18 	incident.
54.19 	This definition only applies to child care centers licensed under Minnesota 
54.20 	Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 
54.21 	substantiated maltreatment by the individual, the commissioner of human services shall 
54.22 	determine that a nonmaltreatment mistake was made by the individual.

54.23 	Sec. 50. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
54.24 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
54.25 	of a family assessment, the local welfare agency shall notify the parent or guardian 
54.26 	of the child of the need for services to address child safety concerns or significant risk 
54.27 	of subsequent child maltreatment. The local welfare agency and the family may also 
54.28 	jointly agree that family support and family preservation services are needed. Within ten 
54.29 	working days of the conclusion of an investigation, the local welfare agency or agency 
54.30 	responsible for assessing or investigating the report shall notify the parent or guardian 
54.31 	of the child, the person determined to be maltreating the child, and if applicable, the 
54.32 	director of the facility, of the determination and a summary of the specific reasons for 
54.33 	the determination. When the investigation involves a child foster care setting that is 
54.34 	monitored by a private licensing agency under section 245A.16, the local welfare agency 
54.35 	responsible for assessing or investigating the report shall notify the private licensing 
55.1 	agency of the determination and shall provide a summary of the specific reasons for 
55.2 	the determination. The notice to the private licensing agency must include identifying 
55.3 	private data, but not the identity of the reporter of maltreatment. The notice must also 
55.4 	include a certification that the information collection procedures under subdivision 10, 
55.5 	paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 
55.6 	obtain access to other private data on the subject collected, created, or maintained under 
55.7 	this section. In addition, the notice shall include the length of time that the records will be 
55.8 	kept under subdivision 11c. The investigating agency shall notify the parent or guardian 
55.9 	of the child who is the subject of the report, and any person or facility determined to 
55.10 	have maltreated a child, of their appeal or review rights under this section or section 
55.11 	256.022. The notice must also state that a finding of maltreatment may result in denial of a 
55.12 	license application or background study disqualification under chapter 245C related to 
55.13 	employment or services that are licensed by the Department of Human Services under 
55.14 	chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 
55.15 	Corrections under section 241.021, and from providing services related to an unlicensed 
55.16 	personal care provider organization under chapter 256B.

55.17 	Sec. 51. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
55.18 		Subd. 10i.Administrative reconsideration; review panel. (a) Administrative 
55.19 	reconsideration is not applicable in family assessments since no determination concerning 
55.20 	maltreatment is made. For investigations, except as provided under paragraph (e), an 
55.21 	individual or facility that the commissioner of human services, a local social service 
55.22 	agency, or the commissioner of education determines has maltreated a child, an interested 
55.23 	person acting on behalf of the child, regardless of the determination, who contests 
55.24 	the investigating agency's final determination regarding maltreatment, may request the 
55.25 	investigating agency to reconsider its final determination regarding maltreatment. The 
55.26 	request for reconsideration must be submitted in writing to the investigating agency within 
55.27 	15 calendar days after receipt of notice of the final determination regarding maltreatment 
55.28 	or, if the request is made by an interested person who is not entitled to notice, within 
55.29 	15 days after receipt of the notice by the parent or guardian of the child. If mailed, the 
55.30 	request for reconsideration must be postmarked and sent to the investigating agency 
55.31 	within 15 calendar days of the individual's or facility's receipt of the final determination. If 
55.32 	the request for reconsideration is made by personal service, it must be received by the 
55.33 	investigating agency within 15 calendar days after the individual's or facility's receipt of the 
55.34 	final determination. Effective January 1, 2002, an individual who was determined to have 
55.35 	maltreated a child under this section and who was disqualified on the basis of serious or 
56.1 	recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration 
56.2 	of the maltreatment determination and the disqualification. The request for reconsideration 
56.3 	of the maltreatment determination and the disqualification must be submitted within 30 
56.4 	calendar days of the individual's receipt of the notice of disqualification under sections 
56.5 	245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment 
56.6 	determination and the disqualification must be postmarked and sent to the investigating 
56.7 	agency within 30 calendar days of the individual's receipt of the maltreatment 
56.8 	determination and notice of disqualification. If the request for reconsideration is made by 
56.9 	personal service, it must be received by the investigating agency within 30 calendar days 
56.10 	after the individual's receipt of the notice of disqualification.
56.11 	(b) Except as provided under paragraphs (e) and (f), if the investigating agency 
56.12 	denies the request or fails to act upon the request within 15 working days after receiving 
56.13 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
56.14 	256.045 may submit to the commissioner of human services or the commissioner of 
56.15 	education a written request for a hearing under that section. Section 256.045 also governs 
56.16 	hearings requested to contest a final determination of the commissioner of education. For 
56.17 	reports involving maltreatment of a child in a facility, an interested person acting on behalf 
56.18 	of the child may request a review by the Child Maltreatment Review Panel under section 
56.19 	256.022 if the investigating agency denies the request or fails to act upon the request or 
56.20 	if the interested person contests a reconsidered determination. The investigating agency 
56.21 	shall notify persons who request reconsideration of their rights under this paragraph. 
56.22 	The request must be submitted in writing to the review panel and a copy sent to the 
56.23 	investigating agency within 30 calendar days of receipt of notice of a denial of a request 
56.24 	for reconsideration or of a reconsidered determination. The request must specifically 
56.25 	identify the aspects of the agency determination with which the person is dissatisfied.
56.26 	(c) If, as a result of a reconsideration or review, the investigating agency changes 
56.27 	the final determination of maltreatment, that agency shall notify the parties specified in 
56.28 	subdivisions 10b, 10d, and 10f.
56.29 	(d) Except as provided under paragraph (f), if an individual or facility contests the 
56.30 	investigating agency's final determination regarding maltreatment by requesting a fair 
56.31 	hearing under section 256.045, the commissioner of human services shall assure that the 
56.32 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
56.33 	a hearing. The time for action on the decision may be extended for as many days as the 
56.34 	hearing is postponed or the record is held open for the benefit of either party.
56.35 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on 
56.36 	the basis of a determination of maltreatment, which was serious or recurring, and 
57.1 	the individual has requested reconsideration of the maltreatment determination under 
57.2 	paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
57.3 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
57.4 	disqualification shall be consolidated into a single reconsideration. If reconsideration 
57.5 	of the maltreatment determination is denied and the individual remains disqualified 
57.6 	following a reconsideration decision, the individual may request a fair hearing under 
57.7 	section 256.045. If an individual requests a fair hearing on the maltreatment determination 
57.8 	and the disqualification, the scope of the fair hearing shall include both the maltreatment 
57.9 	determination and the disqualification.
57.10 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
57.11 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
57.12 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
57.13 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
57.14 	under section 245A.08, subdivision 2a, the scope of the contested case hearing shall 
57.15 	include the maltreatment determination, disqualification, and licensing sanction or denial 
57.16 	of a license. In such cases, a fair hearing regarding the maltreatment determination and 
57.17 	disqualification shall not be conducted under section 256.045. Except for family child 
57.18 	care and child foster care, reconsideration of a maltreatment determination as provided 
57.19 	under this subdivision, and reconsideration of a disqualification as provided under section 
57.20 	245C.22, shall also not be conducted when:
57.21 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
57.22 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
57.23 	or the disqualification of a license holder based on serious or recurring maltreatment;
57.24 	(2) the denial of a license or licensing sanction is issued at the same time as the 
57.25 	maltreatment determination or disqualification; and
57.26 	(3) the license holder appeals the maltreatment determination or disqualification, and 
57.27 	denial of a license or licensing sanction.
57.28 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
57.29 	determination or disqualification, but does not appeal the denial of a license or a licensing 
57.30 	sanction, reconsideration of the maltreatment determination shall be conducted under 
57.31 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
57.32 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
57.33 	shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
57.34 	626.557, subdivision 9d.
57.35 	If the disqualified subject is an individual other than the license holder and upon 
57.36 	whom a background study must be conducted under chapter 245C, the hearings of all 
58.1 	parties may be consolidated into a single contested case hearing upon consent of all parties 
58.2 	and the administrative law judge.
58.3 	(g) For purposes of this subdivision, "interested person acting on behalf of the 
58.4 	child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 
58.5 	stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 
58.6 	determined to be the perpetrator of the maltreatment.

58.7 	Sec. 52. Minnesota Statutes 2010, section 626.556, subdivision 11, is amended to read:
58.8 		Subd. 11.Records. (a) Except as provided in paragraph (b) or (d) and subdivisions 
58.9 	10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare 
58.10 	agency or agency responsible for assessing or investigating the report under this 
58.11 	section, including any written reports filed under subdivision 7, shall be private data on 
58.12 	individuals, except insofar as copies of reports are required by subdivision 7 to be sent to 
58.13 	the local police department or the county sheriff. All records concerning determinations 
58.14 	of maltreatment by a facility are nonpublic data as maintained by the Department of 
58.15 	Education, except insofar as copies of reports are required by subdivision 7 to be sent 
58.16 	to the local police department or the county sheriff. Reports maintained by any police 
58.17 	department or the county sheriff shall be private data on individuals except the reports 
58.18 	shall be made available to the investigating, petitioning, or prosecuting authority, including 
58.19 	county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14, 
58.20 	apply to law enforcement data other than the reports. The local social services agency or 
58.21 	agency responsible for assessing or investigating the report shall make available to the 
58.22 	investigating, petitioning, or prosecuting authority, including county medical examiners or 
58.23 	county coroners or their professional delegates, any records which contain information 
58.24 	relating to a specific incident of neglect or abuse which is under investigation, petition, or 
58.25 	prosecution and information relating to any prior incidents of neglect or abuse involving 
58.26 	any of the same persons. The records shall be collected and maintained in accordance with 
58.27 	the provisions of chapter 13. In conducting investigations and assessments pursuant to 
58.28 	this section, the notice required by section 13.04, subdivision 2, need not be provided to a 
58.29 	minor under the age of ten who is the alleged victim of abuse or neglect. An individual 
58.30 	subject of a record shall have access to the record in accordance with those sections, 
58.31 	except that the name of the reporter shall be confidential while the report is under 
58.32 	assessment or investigation except as otherwise permitted by this subdivision. Any person 
58.33 	conducting an investigation or assessment under this section who intentionally discloses 
58.34 	the identity of a reporter prior to the completion of the investigation or assessment is 
58.35 	guilty of a misdemeanor. After the assessment or investigation is completed, the name of 
59.1 	the reporter shall be confidential. The subject of the report may compel disclosure of the 
59.2 	name of the reporter only with the consent of the reporter or upon a written finding by 
59.3 	the court that the report was false and that there is evidence that the report was made in 
59.4 	bad faith. This subdivision does not alter disclosure responsibilities or obligations under 
59.5 	the Rules of Criminal Procedure.
59.6 	(b) Upon request of the legislative auditor, data on individuals maintained under 
59.7 	this section must be released to the legislative auditor in order for the auditor to fulfill the 
59.8 	auditor's duties under section 3.971. The auditor shall maintain the data in accordance 
59.9 	with chapter 13.
59.10 	(c) The commissioner of education must be provided with all requested data that are 
59.11 	relevant to a report of maltreatment and are in possession of a school facility as defined 
59.12 	in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or 
59.13 	investigation of a maltreatment report of a student in a school. If the commissioner of 
59.14 	education makes a determination of maltreatment involving an individual performing 
59.15 	work within a school facility who is licensed by a board or other agency, the commissioner 
59.16 	shall provide necessary and relevant information to the licensing entity to enable the 
59.17 	entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data 
59.18 	received by a licensing entity under this paragraph are governed by section 13.41 or other 
59.19 	applicable law governing data of the receiving entity, except that this section applies to the 
59.20 	classification of and access to data on the reporter of the maltreatment.
59.21 	(d) The investigating agency shall exchange not public data with the Child 
59.22 	Maltreatment Review Panel under section 256.022 if the data are pertinent and necessary 
59.23 	for a review requested under section 256.022. Upon completion of the review, the not 
59.24 	public data received by the review panel must be returned to the investigating agency.

59.25 	Sec. 53.  REPEALER.
 59.26 	Minnesota Statutes 2010, section 256.022, is repealed.

59.27 	Sec. 54. EFFECTIVE DATE.
 59.28 	Sections 8 to 46 are effective on August 1, 2012, contingent upon the enactment of 
59.29 	S.F. No. 1173.