Engrossments
Introduction		Posted on 02/23/2007
1st Engrossment		Posted on 03/22/2007
2nd Engrossment		Posted on 03/24/2007

ARTICLE 1

CHILD WELFARE

Section 1.

Minnesota Statutes 2006, section 256.01, subdivision 2, is amended to read:

Subd. 2.

Specific powers.

Subject to the provisions of section 241.021, subdivision
2, the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (cc):

(a) Administer and supervise all forms of public assistance provided for by state law
and other welfare activities or services as are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services
activities vested by law in the department, the commissioner shall have the authority to:

(1) require county agency participation in training and technical assistance programs
to promote compliance with statutes, rules, federal laws, regulations, and policies
governing human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the
operation and administration of human services, enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services and promote excellence
of administration and program operation;

(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;

(4) require county agencies to make an adjustment to the public assistance benefits
issued to any individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;

(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;

(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and

(7) enter into contractual agreements with federally recognized Indian tribes with
a reservation in Minnesota to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or counties in
the contractual agreement negotiations, if the county or counties wish to be included,
in order to avoid the duplication of county and tribal assistance program services. The
commissioner may establish necessary accounts for the purposes of receiving and
disbursing funds as necessary for the operation of the programs.

(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.

(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting disabled, dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the times of the conception
nor at the births of the children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in boarding and foster homes or
in private institutions; and generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.

(d) Administer and supervise all noninstitutional service to disabled persons,
including those who are visually impaired, hearing impaired, or physically impaired
or otherwise disabled. The commissioner may provide and contract for the care and
treatment of qualified indigent children in facilities other than those located and available
at state hospitals when it is not feasible to provide the service in state hospitals.

(e) Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.

(f) Act as the agent of and cooperate with the federal government in matters of
mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
and including the promulgation of rules making uniformly available medical care benefits
to all recipients of public assistance, at such times as the federal government increases its
participation in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said recipients.

(g) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.

(h) Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner new text begin or a tribe in Minnesota
recognized by the Secretary of the Interior new text end whose interests would be best served by
adoptive placement, the commissioner may contract with a licensed child-placing agency
or a Minnesota tribal social services agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programsnew text begin or tribal social servicesnew text end , unless the
replacement is agreed to by the county board and the appropriate exclusive bargaining
representativenew text begin , tribal governing body,new text end or the commissioner has evidence that child
placements of the county continue to be substantially below that of other counties. Funds
encumbered and obligated under an agreement for a specific child shall remain available
until the terms of the agreement are fulfilled or the agreement is terminated.

(i) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.

(j) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.

(k) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical
care provided by the state and for congregate living care under the income maintenance
programs.

(l) Have the authority to conduct and administer experimental projects to test
methods and procedures of administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental projects, it is further provided
that the commissioner of human services is authorized to waive the enforcement of
existing specific statutory program requirements, rules, and standards in one or more
counties. The order establishing the waiver shall provide alternative methods and
procedures of administration, shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of a project exceed four years.
It is further provided that no order establishing an experimental project as authorized by
the provisions of this section shall become effective until the following conditions have
been met:

(1) the secretary of health and human services of the United States has agreed, for
the same project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by
the Legislative Advisory Commission and filed with the commissioner of administration.

(m) According to federal requirements, establish procedures to be followed by
local welfare boards in creating citizen advisory committees, including procedures for
selection of committee members.

(n) Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for the aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:

(1) one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50 percent of
the sanction being distributed to each county in the same proportion as that county's
administrative costs for food stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the amount due hereunder, the
commissioner may deduct the amount from reimbursement otherwise due the county, or
the attorney general, upon the request of the commissioner, may institute civil action
to recover the amount due; and

(2) notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the commissioner
may require payment or recover from the county or counties, in the manner prescribed in
clause (1), an amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to clause (1).

(o) Develop and implement special projects that maximize reimbursements and
result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result
from projects or contracts entered into under this paragraph shall be deposited in the
state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to
the commissioner for the purposes of this paragraph.

(p) Have the authority to make direct payments to facilities providing shelter
to women and their children according to section 256D.05, subdivision 3. Upon
the written request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and make
a determination within 30 days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days shall be considered a
determination not to issue direct payments.

(q) Have the authority to establish and enforce the following county reporting
requirements:

(1) the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for human
services programs. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;

(2) the county board shall submit monthly or quarterly reports to the department
as required by the commissioner. Monthly reports are due no later than 15 working days
after the end of the month. Quarterly reports are due no later than 30 calendar days after
the end of the quarter, unless the commissioner determines that the deadline must be
shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
or risking a loss of federal funding. Only reports that are complete, legible, and in the
required format shall be accepted by the commissioner;

(3) if the required reports are not received by the deadlines established in clause (2),
the commissioner may delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the commissioner shall
withhold from the county boards with late reports an amount equal to the reduction in
federal funding until full federal funding is received;

(4) a county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered noncompliant
and request that the county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective action plan must be submitted
to the commissioner within 45 days after the date the county board received notice
of noncompliance;

(5) the final deadline for fiscal reports or amendments to fiscal reports is one year
after the date the report was originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding associated with the report for
that reporting period and the county board must repay any funds associated with the
report received for that reporting period;

(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to
provide appropriate forms, guidelines, and technical assistance to enable the county to
comply with the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action according
to sections 14.57 to 14.69; and

(7) counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or services to
clients to cover costs incurred due to actions taken by the commissioner under clause
(3) or (5).

(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample for
the foster care program under title IV-E of the Social Security Act, United States Code,
title 42, in direct proportion to each county's title IV-E foster care maintenance claim
for that period.

(s) Be responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.

(t) Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these overpayments
in the human services programs administered by the department.

(u) Have the authority to administer a drug rebate program for drugs purchased
pursuant to the prescription drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the program. The commissioner
shall require a rebate agreement from all manufacturers of covered drugs as defined in
section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
or after July 1, 2002, must include rebates for individuals covered under the prescription
drug program who are under 65 years of age. For each drug, the amount of the rebate shall
be equal to the rebate as defined for purposes of the federal rebate program in United
States Code, title 42, section 1396r-8. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms and conditions
used for the federal rebate program established pursuant to section 1927 of title XIX of
the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.

(v) Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX
of the Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.

(w) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.

(x) Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional
treatment center which operates communications systems. Each account must be used
to manage shared communication costs necessary for the operations of the programs the
commissioner supervises. The commissioner may distribute the costs of operating and
maintaining communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the commissioner
supervises may participate in the use of the department's communications technology and
share in the cost of operation. The commissioner may accept on behalf of the state any
gift, bequest, devise or personal property of any kind, or money tendered to the state for
any lawful purpose pertaining to the communication activities of the department. Any
money received for this purpose must be deposited in the department's communication
systems accounts. Money collected by the commissioner for the use of communication
systems must be deposited in the state communication systems account and is appropriated
to the commissioner for purposes of this section.

(y) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.

(z) Designate community information and referral call centers and incorporate
cost reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in these
designations upon review by the commissioner and assurance that these services are
accredited and in compliance with national standards. Any reimbursement is appropriated
to the commissioner and all designated information and referral centers shall receive
payments according to normal department schedules established by the commissioner
upon final approval of allocation methodologies from the United States Department of
Health and Human Services Division of Cost Allocation or other appropriate authorities.

(aa) Develop recommended standards for foster care homes that address the
components of specialized therapeutic services to be provided by foster care homes with
those services.

(bb) Authorize the method of payment to or from the department as part of the
human services programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.

(cc) Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03, subdivision 3.
For manufacturers that agree to participate in the general assistance medical care rebate
program, the commissioner shall enter into a rebate agreement for covered drugs as
defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The manufacturers must provide payment
within the terms and conditions used for the federal rebate program established under
section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
the terms and conditions used for the federal rebate program established under section
1927 of title XIX of the Social Security Act.

Effective January 1, 2006, drug coverage under general assistance medical care shall
be limited to those prescription drugs that:

(1) are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and

(2) are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with such agreements.
Prescription drug coverage under general assistance medical care shall conform to
coverage under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.

The rebate revenues collected under the drug rebate program are deposited in the
general fund.

Sec. 2.

Minnesota Statutes 2006, section 259.24, subdivision 3, is amended to read:

Subd. 3.

Child.

When the child to be adopted is over 14 years of age, the child's
written consent new text begin to adoption by a particular person is new text end also deleted text begin shall bedeleted text end necessary.new text begin A child
of any age who is under the guardianship of the commissioner and is legally available
for adoption may not refuse or waive the commissioner's agent's exhaustive efforts to
recruit, identify, and place the child in an adoptive home required under section 260C.317,
subdivision 3, paragraph (b), or sign a document relieving county social services agencies
of all recruitment efforts on the child's behalf.
new text end

Sec. 3.

Minnesota Statutes 2006, section 259.53, subdivision 1, is amended to read:

Subdivision 1.

Notice to commissioner; referral for postplacement assessment.

(a) Upon the filing of a petition for adoption of a child new text begin who is:
new text end

new text begin (1) under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;
new text end

new text begin (2) placed by the commissioner, commissioner's agent, or licensed child-placing
agency after a consent to adopt according to section 259.24 or under an agreement
conferring authority to place for adoption according to section 259.25; or
new text end

new text begin (3) placed by preadoptive custody order for a direct adoptive placement ordered
by the district court under section 259.47,
new text end

the court administrator shall immediately transmit a copy of the petition to the
commissioner of human services.

(b) The court shall immediately refer the petition to the agency specified below for
completion of a postplacement assessment and report as required by subdivision 2.

(1) If the child to be adopted has been committed to the guardianship of the
commissioner or an agency under section 260C.317 or an agency has been given authority
to place the child under section 259.25, the court shall refer the petition to that agency,
unless another agency is supervising the placement, in which case the court shall refer the
petition to the supervising agency.

(2) If the child to be adopted has been placed in the petitioner's home by a direct
adoptive placement, the court shall refer the petition to the agency supervising the
placement under section 259.47, subdivision 3, paragraph (a), clause (6).

(3) If the child is to be adopted by an individual who is related to the child as defined
by section 245A.02, subdivision 13, and in all other instances not described in clause (1)
or (2), the court shall refer the petition to the local social services agency of the county in
which the prospective adoptive parent lives.

Sec. 4.

Minnesota Statutes 2006, section 259.57, subdivision 1, is amended to read:

Subdivision 1.

Findings; orders.

Upon the hearing,

(a) if the court finds that it is in the best interests of the child that the petition
be granted, a decree of adoption shall be made and recorded in the office of the court
administrator, ordering that henceforth the child shall be the child of the petitioner. In the
decree the court may change the name of the child if desired. After the decree is grantednew text begin
for a child who is:new text end

new text begin (1) under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;
new text end

new text begin (3) adopted after a direct adoptive placement ordered by the district court under
section 259.47,
new text end

the court administrator shall immediately mail a copy of the recorded decree to the
commissioner of human services;

(b) if the court is not satisfied that the proposed adoption is in the best interests
of the child, the court shall deny the petition, and shall order the child returned to the
custody of the person or agency legally vested with permanent custody or certify the
case for appropriate action and disposition to the court having jurisdiction to determine
the custody and guardianship of the child.

Sec. 5.

Minnesota Statutes 2006, section 259.67, subdivision 7, is amended to read:

Subd. 7.

Reimbursement of costs.

(a) Subject to rules of the commissioner, and
the provisions of this subdivision a child-placing agency licensed in Minnesota or any
other state, or local or tribal social services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and appropriate cost of providing
adoption services deleted text begin for a child certified as eligible for adoption assistance under subdivision
4. Such assistancedeleted text end new text begin . Adoption services under this subdivisionnew text end may include adoptive family
recruitment, counseling, and special training when needed.

(b) new text begin An eligible child must have a goal of adoption, which may include an adoption
in accordance with tribal law, and meet one of the following criteria:
new text end

new text begin (1) is a ward of the commissioner of human services or a ward of tribal court
pursuant to section 260.755, subdivision 12, who meets one of the criteria in subdivision
4, paragraph (b), clause (1), (2), or (3); or
new text end

new text begin (2) is under the guardianship of a Minnesota-licensed child-placing agency who
meets one of the criteria in subdivision 4, paragraph (b), clause (1) or (2).
new text end

new text begin (c)new text end A child-placing agency licensed in Minnesota or any other state shall receive
reimbursement for adoption services it purchases for or directly provides to an eligible
child. new text begin Tribal social services shall receive reimbursement for adoption services it purchases
for or directly provides to an eligible child. new text end A local deleted text begin or tribaldeleted text end social services agency shall
receive deleted text begin suchdeleted text end reimbursement only for adoption services it purchases for an eligible child.

deleted text begin A child-placing agency licensed in Minnesota or any other state or local or tribal
social services agency seeking reimbursement under this subdivision shall enter into
deleted text end new text begin Before providing adoption services for which reimbursement will be sought under this
subdivision, new text end a reimbursement agreementnew text begin , on the designated format, must be entered into
new text end with the commissioner deleted text begin before providing adoption services for which reimbursement
is soughtdeleted text end . No reimbursement under this subdivision shall be made to an agency for
services provided prior to entering a reimbursement agreement. Separate reimbursement
agreements shall be made for each child and separate records shall be kept on each child
for whom a reimbursement agreement is made. new text begin The commissioner of human services shall
agree that the reimbursement costs are reasonable and appropriate. The commissioner
may spend up to $16,000 for each purchase of service agreement. Only one agreement per
child is allowed, unless an exception is granted by the commissioner. new text end Funds encumbered
and obligated under such an agreement for the child remain available until the terms of
the agreement are fulfilled or the agreement is terminated.

deleted text begin (c) When a local or tribal social services agency uses a purchase of service agreement
to provide services reimbursable under a reimbursement agreement,deleted text end The commissioner
deleted text begin maydeleted text end new text begin shallnew text end make reimbursement payments directly to the agency providing the service if
direct reimbursement is specified by the purchase of service agreement, and if the request
for reimbursement is submitted by the local or tribal social services agency along with a
verification that the service was provided.

Sec. 6.

Minnesota Statutes 2006, section 259.75, subdivision 8, is amended to read:

Subd. 8.

Reasons for deferral.

Deferral of the listing of a child with the state
adoption exchange shall be only for one or more of the following reasons:

(a) the child is in an adoptive placement but is not legally adopted;

(b) the child's foster parents or other individuals are now considering adoption;

(c) diagnostic study or testing is required to clarify the child's problem and provide
an adequate description;new text begin or
new text end

(d) the child is currently in a hospital and continuing need for daily professional care
will not permit placement in a family settingdeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (e) the child is 14 years of age or older and will not consent to an adoption plan.
deleted text end

Approval of a request to defer listing for any of the reasons specified in paragraph (b) or
(c) shall be valid for a period not to exceed 90 days, with no subsequent deferrals for
those reasons.

Sec. 7.

Minnesota Statutes 2006, section 260.012, is amended to read:

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible
time, and when a child cannot be reunified with the parent or guardian from whom the
child was removed, the court must ensure that the responsible social services agency
makes reasonable efforts to finalize an alternative permanent plan for the child as provided
in paragraph (e). In determining reasonable efforts to be made with respect to a child and
in making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been terminated
involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred
to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
law of another jurisdiction; or

(5) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.201, subdivision 11, or a termination
of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
permanency hearing under section 260C.201, subdivision 11, must be held within 30
days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178 or
260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions
consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
services agency must provide active efforts as required under United States Code, title
25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in
foster care; or

(2) given the particular circumstances of the child and family at the time of the
child's removal, there are no services or efforts available which could allow the child to
safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due
diligence by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.212, subdivision 4;

(3) conduct a relative search as required under section 260C.212, subdivision 5; and

(4) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the
child, new text begin and considers permanent alternative homes for the child inside or outside of the
state, new text end preferably through adoption or transfer of permanent legal and physical custody of
the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
needs of the child and the child's family. Services may include those provided by the
responsible social services agency and other culturally appropriate services available in
the community. At each stage of the proceedings where the court is required to review
the appropriateness of the responsible social services agency's reasonable efforts as
described in paragraphs (a), (d), and (e), the social services agency has the burden of
demonstrating that:

(1) it has made reasonable efforts to prevent placement of the child in foster care;

(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;

(3) it has made reasonable efforts to finalize an alternative permanent home for
the childnew text begin , and considers permanent alternative homes for the child inside or outside of
the statenew text end ; or

(4) reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not
required because the court has made one of the prima facie determinations under paragraph
(a), the court may only require reasonable efforts for reunification after a hearing according
to section 260C.163, where the court finds there is not clear and convincing evidence of
the facts upon which the court based its prima facie determination. In this case when there
is clear and convincing evidence that the child is in need of protection or services, the
court may find the child in need of protection or services and order any of the dispositions
available under section 260C.201, subdivision 1. Reunification of a surviving child with a
parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections
609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
surviving child; or

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
260C.201, and 260C.301 shall make findings and conclusions as to the provision of
reasonable efforts. When determining whether reasonable efforts have been made, the
court shall consider whether services to the child and family were:

(1) relevant to the safety and protection of the child;

(2) adequate to meet the needs of the child and family;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

In the alternative, the court may determine that provision of services or further
services for the purpose of rehabilitation is futile and therefore unreasonable under the
circumstances or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for treatment of a child with
a mental disability when the child's diagnostic assessment or individual treatment plan
indicates that appropriate and necessary treatment cannot be effectively provided outside
of a residential or inpatient treatment program.

(j) If continuation of reasonable efforts to prevent placement or reunify the child
with the parent or guardian from whom the child was removed is determined by the court
to be inconsistent with the permanent plan for the child or upon the court making one of
the prima facie determinations under paragraph (a), reasonable efforts must be made to
place the child in a timely manner in a safe and permanent home and to complete whatever
steps are necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent
placement may be made concurrently with reasonable efforts to prevent placement or to
reunify the child with the parent or guardian from whom the child was removed. When
the responsible social services agency decides to concurrently make reasonable efforts for
both reunification and permanent placement away from the parent under paragraph (a), the
agency shall disclose its decision and both plans for concurrent reasonable efforts to all
parties and the court. When the agency discloses its decision to proceed on both plans for
reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.

Sec. 8.

Minnesota Statutes 2006, section 260.755, subdivision 12, is amended to read:

Subd. 12.

Indian tribe.

"Indian tribe" means an Indian tribe, band, nation, or
other organized group or community of Indians recognized as eligible for the services
provided to Indians by the secretary because of their status as Indians, including any deleted text begin banddeleted text end
new text begin Native group new text end under the Alaska Native Claims Settlement Act, United States Code, title 43,
section 1602deleted text begin , and exercising tribal governmental powersdeleted text end .

Sec. 9.

Minnesota Statutes 2006, section 260.755, subdivision 20, is amended to read:

Subd. 20.

Tribal court.

"Tribal court" means a court with deleted text begin federally recognizeddeleted text end
jurisdiction over child custody proceedings new text begin and new text end which is either a court of Indian offenses,
or a court established and operated under the code or custom of an Indian tribe, or deleted text begin thedeleted text end
new text begin any other new text end administrative body of a tribe which is vested with authority over child custody
proceedings. Except as provided in section 260.771, subdivision 5, nothing in this chapter
shall be construed as conferring jurisdiction on an Indian tribe.

Sec. 10.

Minnesota Statutes 2006, section 260.761, subdivision 7, is amended to read:

Subd. 7.

Identification of extended family members.

Any agency considering
placement of an Indian child shall make deleted text begin reasonabledeleted text end new text begin active new text end efforts to identify and locate
extended family members.

Sec. 11.

Minnesota Statutes 2006, section 260.765, subdivision 5, is amended to read:

Subd. 5.

Identification of extended family members.

Any agency considering
placement of an Indian child shall make deleted text begin reasonabledeleted text end new text begin active new text end efforts to identify and locate
extended family members.

Sec. 12.

Minnesota Statutes 2006, section 260.771, subdivision 1, is amended to read:

Subdivision 1.

Indian tribe jurisdiction.

An Indian tribe with a tribal court has
exclusive jurisdiction over a child placement proceeding involving an Indian child who
resides new text begin or is domiciled new text end within the reservation of such tribe deleted text begin at the commencement of
the proceedingsdeleted text end new text begin , except where jurisdiction is otherwise vested in the state by existing
federal lawnew text end . When an Indian child is deleted text begin in the legal custody of a person or agency pursuant
to an order ofdeleted text end a new text begin ward of the new text end tribal court, the Indian tribe retains exclusive jurisdiction,
notwithstanding the residence or domicile of the child.

Sec. 13.

Minnesota Statutes 2006, section 260.771, subdivision 2, is amended to read:

Subd. 2.

Court determination of tribal affiliation of child.

In any child placement
proceeding, the court shall establish whether an Indian child is involved and the identity
of the Indian child's tribe.new text begin The federal Indian Child Welfare Act and this chapter are
applicable without exception in a child custody proceeding as defined in the federal act
involving an Indian child. This chapter applies to child custody proceedings involving
an Indian child whether the child is in the physical or legal custody of an Indian parent,
Indian custodian, Indian extended family member, or other person at the commencement
of the proceedings. A court may not determine the applicability of the federal Indian Child
Welfare Act or this chapter to a child custody proceeding based upon whether an Indian
child is part of an existing Indian family or based upon the level of contact a child has with
the child's Indian tribe, reservation, society, or off-reservation community.
new text end

Sec. 14.

new text begin [260.852] PLACEMENT PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Home study. new text end

new text begin The state must have procedures for the orderly and
timely interstate placement of children that are implemented in accordance with an
interstate compact and that, within 60 days after the state receives from another state a
request to conduct a study of a home environment for purposes of assessing the safety
and suitability of placing a child in the home, the state shall, directly or by contract,
conduct and complete a home study and return to the other state a report on the results of
the study, which shall address the extent to which placement in the home would meet the
needs of the child; except in the case of a home study begun before October 1, 2008, if the
state fails to comply with conducting and completing the home study within the 60-day
period and this is as a result of circumstances beyond the control of the state, the state has
75 days to comply if the state documents the circumstances involved and certifies that
completing the home study is in the best interests of the child.
new text end

new text begin This subdivision does not require the completion within the applicable period of
the parts of the home study involving the education and training of the prospective foster
or adoptive parents.
new text end

new text begin Subd. 2. new text end

new text begin Effect of received report. new text end

new text begin The state shall treat any report described in
subdivision 1 that is received from another state, an Indian tribe, or a private agency
under contract with another state or Indian tribe as meeting any requirements imposed by
the state for the completion of a home study before placing a child in the home, unless,
within 14 days after receipt of the report, the state determines, based on grounds that
are specific to the content of the report, that making a decision in reliance on the report
would be contrary to the welfare of the child.
new text end

new text begin Subd. 3. new text end

new text begin Resources. new text end

new text begin The state shall make effective use of cross-jurisdictional
resources including through contract for the purchase of services and shall eliminate legal
barriers to facilitate timely adoptive or permanent placements for waiting children. The
state shall not impose any restriction on the use of private agencies for the purpose of
conducting a home study to meet the 60-day requirement.
new text end

new text begin Subd. 4. new text end

new text begin Incentive eligibility. new text end

new text begin Minnesota is an incentive-eligible state and must:
new text end

new text begin (1) have an approved plan as required by the United States Secretary of Health
and Human Services;
new text end

new text begin (2) be in compliance with the data requirements of the United States Department of
Health and Human Services; and
new text end

new text begin (3) have data that verify that a home study is completed within 30 days.
new text end

new text begin Subd. 5. new text end

new text begin Data requirements. new text end

new text begin The state shall provide to the United States Secretary
of Health and Human Services a written report, covering the preceding fiscal year, that
specifies:
new text end

new text begin (1) the total number of interstate home studies requested by the state with respect to
children in foster care under the responsibility of the state, and with respect to each such
study, the identity of the other state involved;
new text end

new text begin (2) the total number of timely interstate home studies completed by the state with
respect to children in foster care under the responsibility of other states and, with respect
to each such study, the identity of the other state involved; and
new text end

new text begin (3) other information the United States Secretary of Health and Human Services
requires in order to determine whether Minnesota is a home study incentive-eligible state.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Home study" means an evaluation of a home environment conducted in
accordance with applicable requirements of the state in which the home is located, to
determine whether a proposed placement of a child would meet the individual needs of the
child, including the child's safety, permanency, health, well-being, and mental, emotional,
and physical development.
new text end

new text begin (c) "Interstate home study" means a home study conducted by a state at the request
of another state to facilitate an adoptive or foster placement in the state of a child in foster
care under the responsibility of the state.
new text end

new text begin (d) "Timely interstate home study" means an interstate home study completed by a
state if the state provides to the state that requested the study, within 30 days after receipt
of the request, a report on the results of the study, except that there is no requirement
for completion within the 30-day period of the parts of the home study involving the
education and training of the prospective foster or adoptive parents.
new text end

new text begin Subd. 7. new text end

new text begin Background study requirements for adoption and foster care. new text end

new text begin (a)
Background study requirements for an adoption home study must be completed consistent
with section 259.41, subdivisions 1, 2, and 3.
new text end

new text begin (b) Background study requirements for a foster care license must be completed
consistent with section 245C.08.
new text end

new text begin Subd. 8. new text end

new text begin Home visits. new text end

new text begin If a child has been placed in foster care outside the state in
which the home of the parents of the child is located, periodically, but at least every six
months, a caseworker on the staff of the agency of the state in which the home of the
parents of the child is located or the state in which the child has been placed, or a private
agency under contract with either state, must visit the child in the home or institution and
submit a report on each visit to the agency of the state in which the home of the parents of
the child is located.
new text end

Sec. 15.

Minnesota Statutes 2006, section 260C.152, subdivision 5, is amended to read:

Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

The
foster parents, if any, of a child and any preadoptive parent or relative providing care
for the child must be provided notice of and deleted text begin an opportunitydeleted text end new text begin a rightnew text end to be heard in any
review or hearing to be held with respect to the child. Any other relative may also request,
and must be granted, a notice and the opportunity to be heard under this section. This
subdivision does not require that a foster parent, preadoptive parent, or relative providing
care for the child be made a party to a review or hearing solely on the basis of the notice
and deleted text begin opportunitydeleted text end new text begin rightnew text end to be heard.

Sec. 16.

Minnesota Statutes 2006, section 260C.163, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) Except for hearings arising under section 260C.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner. In all adjudicatory proceedings involving a child alleged to be in need of
protection or services, the court shall admit only evidence that would be admissible in a
civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of
protection or services must be proved by clear and convincing evidence.

(b) Except for proceedings involving a child alleged to be in need of protection or
services and petitions for the termination of parental rights, hearings may be continued or
adjourned from time to time. In proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of parental rights, hearings may not
be continued or adjourned for more than one week unless the court makes specific findings
that the continuance or adjournment is in the best interests of the child. If a hearing is held
on a petition involving physical or sexual abuse of a child who is alleged to be in need of
protection or services or neglected and in foster care, the court shall file the decision with
the court administrator as soon as possible but no later than 15 days after the matter is
submitted to the court. When a continuance or adjournment is ordered in any proceeding,
the court may make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421.

(c) Except as otherwise provided in this paragraph, the court shall exclude the
general public from hearings under this chapter and shall admit only those persons who, in
the discretion of the court, have a direct interest in the case or in the work of the court.

(d) Adoption hearings shall be conducted in accordance with the provisions of
laws relating to adoptions.

new text begin (e) In any permanency hearing, including the transition of a child from foster care
to independent living, the court shall assure that any consultation with the child is in an
age appropriate manner.
new text end

Sec. 17.

Minnesota Statutes 2006, section 260C.201, subdivision 11, is amended to
read:

Subd. 11.

Review of court-ordered placements; permanent placement
determination.

(a) This subdivision and subdivision 11a do not apply in cases where
the child is in placement due solely to the child's developmental disability or emotional
disturbance, where legal custody has not been transferred to the responsible social services
agency, and where the court finds compelling reasons under section 260C.007, subdivision
8, to continue the child in foster care past the time periods specified in this subdivision.
Foster care placements of children due solely to their disability are governed by section
260C.141, subdivision 2a. In all other cases where the child is in foster care or in the care
of a noncustodial parent under subdivision 1, the court shall commence proceedings
to determine the permanent status of a child not later than 12 months after the child is
placed in foster care or in the care of a noncustodial parent. At the admit-deny hearing
commencing such proceedings, the court shall determine whether there is a prima facie
basis for finding that the agency made reasonable efforts, or in the case of an Indian
child active efforts, required under section 260.012 and proceed according to the rules of
juvenile court.

For purposes of this subdivision, the date of the child's placement in foster care is
the earlier of the first court-ordered placement or 60 days after the date on which the
child has been voluntarily placed in foster care by the child's parent or guardian. For
purposes of this subdivision, time spent by a child under the protective supervision of
the responsible social services agency in the home of a noncustodial parent pursuant to
an order under subdivision 1 counts towards the requirement of a permanency hearing
under this subdivision or subdivision 11a. Time spent on a trial home visit deleted text begin does not countdeleted text end
new text begin counts new text end towards the requirement of a permanency hearing under this subdivision deleted text begin ordeleted text end new text begin and a
permanency review for a child under eight years of age under new text end subdivision 11a.

For purposes of this subdivision, 12 months is calculated as follows:

(1) during the pendency of a petition alleging that a child is in need of protection
or services, all time periods when a child is placed in foster care or in the home of a
noncustodial parent are cumulated;

(2) if a child has been placed in foster care within the previous five years under one
or more previous petitions, the lengths of all prior time periods when the child was placed
in foster care within the previous five years are cumulated. If a child under this clause
has been in foster care for 12 months or more, the court, if it is in the best interests of the
child and for compelling reasons, may extend the total time the child may continue out
of the home under the current petition up to an additional six months before making a
permanency determination.

(b) Unless the responsible social services agency recommends return of the child
to the custodial parent or parents, not later than 30 days prior to the admit-deny hearing
required under paragraph (a) and the rules of juvenile court, the responsible social services
agency shall file pleadings in juvenile court to establish the basis for the juvenile court to
order permanent placement of the child, including a termination of parental rights petition,
according to paragraph (d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152.

(c) The permanency proceedings shall be conducted in a timely fashion including
that any trial required under section 260C.163 shall be commenced within 60 days of the
admit-deny hearing required under paragraph (a). At the conclusion of the permanency
proceedings, the court shall:

(1) order the child returned to the care of the parent or guardian from whom the
child was removed; or

(2) order a permanent placement or termination of parental rights if permanent
placement or termination of parental rights is in the child's best interests. The "best
interests of the child" means all relevant factors to be considered and evaluated. Transfer
of permanent legal and physical custody, termination of parental rights, or guardianship
and legal custody to the commissioner through a consent to adopt are preferred
permanency options for a child who cannot return home.

(d) If the child is not returned to the home, the court must order one of the following
dispositions:

(1) permanent legal and physical custody to a relative in the best interests of the
child according to the following conditions:

(i) an order for transfer of permanent legal and physical custody to a relative shall
only be made after the court has reviewed the suitability of the prospective legal and
physical custodian;

(ii) in transferring permanent legal and physical custody to a relative, the juvenile
court shall follow the standards applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;

(iii) an order establishing permanent legal and physical custody under this
subdivision must be filed with the family court;

(iv) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;

(v) the social services agency may bring a petition or motion naming a fit and
willing relative as a proposed permanent legal and physical custodian. The commissioner
of human services shall annually prepare for counties information that must be given to
proposed custodians about their legal rights and obligations as custodians together with
information on financial and medical benefits for which the child is eligible; and

(vi) the juvenile court may maintain jurisdiction over the responsible social services
agency, the parents or guardian of the child, the child, and the permanent legal and
physical custodian for purposes of ensuring appropriate services are delivered to the child
and permanent legal custodian or for the purpose of ensuring conditions ordered by the
court related to the care and custody of the child are met;

(2) termination of parental rights when the requirements of sections 260C.301 to
260C.328 are met or according to the following conditions:

(i) order the social services agency to file a petition for termination of parental
rights in which case all the requirements of sections 260C.301 to 260C.328 remain
applicable; and

(ii) an adoption completed subsequent to a determination under this subdivision may
include an agreement for communication or contact under section 259.58;

(3) long-term foster care according to the following conditions:

(i) the court may order a child into long-term foster care only if it approves the
responsible social service agency's compelling reasons that neither an award of permanent
legal and physical custody to a relative, nor termination of parental rights is in the child's
best interests;

(ii) further, the court may only order long-term foster care for the child under this
section if it finds the following:

(A) the child has reached age 12 and the responsible social services agency has made
reasonable efforts to locate and place the child with an adoptive family or with a fit and
willing relative who will agree to a transfer of permanent legal and physical custody of
the child, but such efforts have not proven successful; or

(B) the child is a sibling of a child described in subitem (A) and the siblings have
a significant positive relationship and are ordered into the same long-term foster care
home; and

(iii) at least annually, the responsible social services agency reconsiders its provision
of services to the child and the child's placement in long-term foster care to ensure that:

(A) long-term foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability, including whether there is
another permanent placement option under this chapter that would better serve the child's
needs and best interests;

(B) whenever possible, there is an identified long-term foster care family that is
committed to being the foster family for the child as long as the child is a minor or under
the jurisdiction of the court;

(C) the child is receiving appropriate services or assistance to maintain or build
connections with the child's family and community;

(D) the child's physical and mental health needs are being appropriately provided
for; and

(E) the child's educational needs are being met;

(4) foster care for a specified period of time according to the following conditions:

(i) foster care for a specified period of time may be ordered only if:

(A) the sole basis for an adjudication that the child is in need of protection or
services is the child's behavior;

(B) the court finds that foster care for a specified period of time is in the best
interests of the child; and

(C) the court approves the responsible social services agency's compelling reasons
that neither an award of permanent legal and physical custody to a relative, nor termination
of parental rights is in the child's best interests;

(ii) the order does not specify that the child continue in foster care for any period
exceeding one year; or

(5) guardianship and legal custody to the commissioner of human services under
the following procedures and conditions:

(i) there is an identified prospective adoptive home agreed to by the responsible
social services agency having legal custody of the child pursuant to court order under this
section that has agreed to adopt the child and the court accepts the parent's voluntary
consent to adopt under section 259.24, except that such consent executed by a parent under
this item, following proper notice that consent given under this provision is irrevocable
upon acceptance by the court, shall be irrevocable unless fraud is established and an order
issues permitting revocation as stated in item (vii);

(ii) if the court accepts a consent to adopt in lieu of ordering one of the other
enumerated permanency dispositions, the court must review the matter at least every 90
days. The review will address the reasonable efforts of the agency to achieve a finalized
adoption;

(iii) a consent to adopt under this clause vests all legal authority regarding the child,
including guardianship and legal custody of the child, with the commissioner of human
services as if the child were a state ward after termination of parental rights;

(iv) the court must forward a copy of the consent to adopt, together with a certified
copy of the order transferring guardianship and legal custody to the commissioner, to
the commissioner;

(v) if an adoption is not finalized by the identified prospective adoptive parent within
12 months of the execution of the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate shall pursue adoptive placement in another
home unless the commissioner certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent;

(vi) notwithstanding item (v), the commissioner of human services or the
commissioner's designee must pursue adoptive placement in another home as soon as the
commissioner or commissioner's designee determines that finalization of the adoption with
the identified prospective adoptive parent is not possible, that the identified prospective
adoptive parent is not willing to adopt the child, that the identified prospective adoptive
parent is not cooperative in completing the steps necessary to finalize the adoption, or
upon the commissioner's determination to withhold consent to the adoption.

(vii) unless otherwise required by the Indian Child Welfare Act, United States Code,
title 25, section 1913, a consent to adopt executed under this section, following proper
notice that consent given under this provision is irrevocable upon acceptance by the court,
shall be irrevocable upon acceptance by the court except upon order permitting revocation
issued by the same court after written findings that consent was obtained by fraud.

(e) In ordering a permanent placement of a child, the court must be governed by the
best interests of the child, including a review of the relationship between the child and
relatives and the child and other important persons with whom the child has resided or
had significant contact.new text begin When the court has determined that permanent placement of the
child away from the parent is necessary, the court shall consider permanent alternative
homes that are available both inside and outside the state.
new text end

(f) Once a permanent placement determination has been made and permanent
placement has been established, further court reviews are necessary if:

(1) the placement is long-term foster care or foster care for a specified period of time;

(2) the court orders further hearings because it has retained jurisdiction of a transfer
of permanent legal and physical custody matter;

(3) an adoption has not yet been finalized; or

(4) there is a disruption of the permanent or long-term placement.

(g) Court reviews of an order for long-term foster care, whether under this section
or section 260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and
must review the child's out-of-home placement plan and the reasonable efforts of the
agency to finalize the permanent plan for the child including the agency's efforts to:

(1) ensure that long-term foster care continues to be the most appropriate legal
arrangement for meeting the child's need for permanency and stability or, if not, to identify
and attempt to finalize another permanent placement option under this chapter that would
better serve the child's needs and best interests;

(2) identify a specific long-term foster home for the child, if one has not already
been identified;

(3) support continued placement of the child in the identified home, if one has been
identified;

(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of long-term foster care and
also ensure appropriate services or assistance to maintain relationships with appropriate
family members and the child's community; and

(5) plan for the child's independence upon the child's leaving long-term foster care
living as required under section 260C.212, subdivision 1.

(h) In the event it is necessary for a child that has been ordered into foster care for a
specified period of time to be in foster care longer than one year after the permanency
hearing held under this section, not later than 12 months after the time the child was
ordered into foster care for a specified period of time, the matter must be returned to
court for a review of the appropriateness of continuing the child in foster care and of the
responsible social services agency's reasonable efforts to finalize a permanent plan for
the child; if it is in the child's best interests to continue the order for foster care for a
specified period of time past a total of 12 months, the court shall set objectives for the
child's continuation in foster care, specify any further amount of time the child may be in
foster care, and review the plan for the safe return of the child to the parent.

(i) An order permanently placing a child out of the home of the parent or guardian
must include the following detailed findings:

(1) how the child's best interests are served by the order;

(2) the nature and extent of the responsible social service agency's reasonable efforts,
or, in the case of an Indian child, active efforts to reunify the child with the parent or
guardian where reasonable efforts are required;

(3) the parent's or parents' efforts and ability to use services to correct the conditions
which led to the out-of-home placement; and

(4) that the conditions which led to the out-of-home placement have not been
corrected so that the child can safely return home.

(j) An order for permanent legal and physical custody of a child may be modified
under sections 518.18 and 518.185. The social services agency is a party to the proceeding
and must receive notice. A parent may only seek modification of an order for long-term
foster care upon motion and a showing by the parent of a substantial change in the parent's
circumstances such that the parent could provide appropriate care for the child and that
removal of the child from the child's permanent placement and the return to the parent's
care would be in the best interest of the child. The responsible social services agency may
ask the court to vacate an order for long-term foster care upon a prima facie showing
that there is a factual basis for the court to order another permanency option under this
chapter and that such an option is in the child's best interests. Upon a hearing where
the court determines that there is a factual basis for vacating the order for long-term
foster care and that another permanent order regarding the placement of the child is in
the child's best interests, the court may vacate the order for long-term foster care and
enter a different order for permanent placement that is in the child's best interests. The
court shall not require further reasonable efforts to reunify the child with the parent or
guardian as a basis for vacating the order for long-term foster care and ordering a different
permanent placement in the child's best interests. The county attorney must file pleadings
and give notice as required under the rules of juvenile court in order to modify an order for
long-term foster care under this paragraph.

(k) The court shall issue an order required under this section within 15 days of the
close of the proceedings. The court may extend issuing the order an additional 15 days
when necessary in the interests of justice and the best interests of the child.

new text begin (l) This paragraph applies to proceedings required under this subdivision when
the child is on a trial home visit:
new text end

new text begin (1) if the child is on a trial home visit 12 months after the child was placed in
foster care or in the care of a noncustodial parent as calculated in this subdivision, the
responsible social services agency may file a report with the court regarding the child's and
parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe
and permanent return to the care of the parent in lieu of filing the pleadings required under
paragraph (b). The court shall make findings regarding reasonableness of the responsible
social services efforts to finalize the child's return home as the permanent order in the best
interests of the child. The court may continue the trial home visit to a total time not to
exceed six months as provided in subdivision 1. If the court finds the responsible social
services agency has not made reasonable efforts to finalize the child's return home as the
permanent order in the best interests of the child, the court may order other or additional
efforts to support the child's remaining in the care of the parent; and
new text end

new text begin (2) if a trial home visit ordered or continued at proceedings under this subdivision
terminates, the court shall re-commence proceedings under this subdivision to determine
the permanent status of the child not later than 30 days after the child is returned to foster
care.
new text end

Sec. 18.

Minnesota Statutes 2006, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in a residential facility by court
order or by the voluntary release of the child by the parent or parents.

For purposes of this section, a residential facility means any group home, family
foster home or other publicly supported out-of-home residential facility, including any
out-of-home residential facility under contract with the state, county or other political
subdivision, or any agency thereof, to provide those services or foster care as defined in
section 260C.007, subdivision 18.

(b) An out-of-home placement plan means a written document which is prepared by
the responsible social services agency jointly with the parent or parents or guardian of the
child and in consultation with the child's guardian ad litem, the child's tribe, if the child is
an Indian child, the child's foster parent or representative of the residential facility, and,
where appropriate, the child. For a child in placement due solely or in part to the child's
emotional disturbance, preparation of the out-of-home placement plan shall additionally
include the child's mental health treatment provider. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the residential facility including how the out-of-home placement
plan is designed to achieve a safe placement for the child in the least restrictive, most
family-like, setting available which is in close proximity to the home of the parent or
parents or guardian of the child when the case plan goal is reunification, and how the
placement is consistent with the best interests and special needs of the child according to
the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in a residential facility, and
when reunification is the plan, a description of the problems or conditions in the home of
the parent or parents which necessitated removal of the child from home and the changes
the parent or parents must make in order for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in the residential facility, and whether visitation is consistent with the best interest
of the child, during the period the child is in the residential facility;

(6) documentation of steps to finalize the adoption or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of
the only known, living parent of the childdeleted text begin , anddeleted text end new text begin . At a minimum, the documentation must
include child-specific recruitment efforts such as relative search and the use of state,
regional, and national adoption exchanges to facilitate orderly and timely instate and
interstate placements.new text end A copy of this documentation shall be provided to the court in the
review required under section 260C.317, subdivision 3, paragraph (b);

(7) deleted text begin to the extent available and accessible,deleted text end the health and educational records of the
child includingnew text begin the most recent information available regardingnew text end :

(i) the names and addresses of the child's health and educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) assurances that the child's placement in foster care takes into account proximity
to the school in which the child is enrolled at the time of placement;

(v) a record of the child's immunizations;

(vi) the child's known medical problems, including any known communicable
diseases, as defined in section 144.4172, subdivision 2;

(vii) the child's medications; and

(viii) any other relevant health and education information;

(8) an independent living plan for a child age 16 or older who is in placement as
a result of a permanency disposition. The plan should include, but not be limited to,
the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;

(iv) money management;

(v) planning for housing;

(vi) social and recreational skills; and

(vii) establishing and maintaining connections with the child's family and
community; and

(9) for a child in placement due solely or in part to the child's emotional disturbance,
diagnostic and assessment information, specific services relating to meeting the mental
health care needs of the child, and treatment outcomes.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.

After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.

new text begin Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.
new text end

Sec. 19.

Minnesota Statutes 2006, section 260C.212, subdivision 4, is amended to read:

Subd. 4.

Responsible social service agency's duties for children in placement.

(a)
When a child is in placement, the responsible social services agency shall make diligent
efforts to identify, locate, and, where appropriate, offer services to both parents of the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but
is not limited to, obtaining information under section 260C.209. If after assessment,
the responsible social services agency determines that a noncustodial or nonadjudicated
parent is willing and capable of providing day-to-day care of the child, the responsible
social services agency may seek authority from the custodial parent or the court to have
that parent assume day-to-day care of the child. If a parent is not an adjudicated parent,
the responsible social services agency shall require the nonadjudicated parent to cooperate
with paternity establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the
child cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section
260C.209 15 days' notice that it intends to use the study to recommend against putting the
child with that parent, as well as the notice provided in section 260C.209, subdivision 4,
and the court shall afford the parent an opportunity to be heard concerning the study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the
agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for
under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to
locate and offer services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or parents
or guardian of each child in a residential facility, other than a child in placement due
solely to that child's developmental disability or emotional disturbance, of the following
information:

(1) that residential care of the child may result in termination of parental rights or an
order permanently placing the child out of the custody of the parent, but only after notice
and a hearing as required under chapter 260C and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including
the date on which the child is expected to be returned to and safely maintained in the
home of the parent or parents or placed for adoption or otherwise permanently removed
from the care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of residential care as soon as
possible, preferably by returning the child home, but if that is not possible, through a
permanent legal placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for
the support of the child during the period the child is in the residential facility.

(c) The responsible social services agency shall inform a parent considering
voluntary placement of a child who is not developmentally disabled or emotionally
disturbed of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent
who enters a voluntary placement agreement may at any time request that the agency
return the child. If the parent so requests, the child must be returned within 24 hours of
the receipt of the request;

(3) evidence gathered during the time the child is voluntarily placed may be used
at a later time as the basis for a petition alleging that the child is in need of protection
or services or as the basis for a petition seeking termination of parental rights or other
permanent placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is
in need of protection or services or a petition seeking the termination of parental rights
or other permanent placement of the child away from the parent, the parent would have
the right to appointment of separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by law, and that counsel will
be appointed at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under
subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a
permanent placement determination hearing under section 260C.201, subdivision 11.

(d) When an agency accepts a child for placement, the agency shall determine
whether the child has had a physical examination by or under the direction of a licensed
physician within the 12 months immediately preceding the date when the child came into
the agency's care. If there is documentation that the child has had an examination within
the last 12 months, the agency is responsible for seeing that the child has another physical
examination within one year of the documented examination and annually in subsequent
years. If the agency determines that the child has not had a physical examination within
the 12 months immediately preceding placement, the agency shall ensure that the child
has an examination within 30 days of coming into the agency's care and once a year
in subsequent years.

new text begin (e) If a child leaves foster care by reason of having attained the age of majority
under state law, the child must be given at no cost a copy of the child's health and
education report.
new text end

Sec. 20.

Minnesota Statutes 2006, section 260C.317, subdivision 3, is amended to read:

Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and
the order terminating parental rights, and a summary of the court's information concerning
the child shall be furnished by the court to the commissioner or the agency to which
guardianship is transferred. The orders shall be on a document separate from the findings.
The court shall furnish the individual to whom guardianship is transferred a copy of the
order terminating parental rights.

(b) The court shall retain jurisdiction in a case where adoption is the intended
permanent placement disposition until the child's adoption is finalized, the child is 18 years
of age, or the child is otherwise ordered discharged from the jurisdiction of the court. The
guardian ad litem and counsel for the child shall continue on the case until an adoption
decree is entered. A hearing must be held every 90 days following termination of parental
rights for the court to review progress toward an adoptive placement and the specific
recruitment efforts the agency has taken to find an adoptive family or other placement
living arrangement for the child and to finalize the adoption or other permanency plan.

(c) The responsible social services agency may make a determination of compelling
reasons for a child to be in long-term foster care when the agency has made exhaustive
efforts to recruit, identify, and place the child in an adoptive home, and the child continues
in foster care for at least 24 months after the court has issued the order terminating
parental rights. new text begin A child of any age who is under the guardianship of the commissioner of
the Department of Human Services and is legally available for adoption may not refuse
or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document relieving
county social services agencies of all recruitment efforts on the child's behalf. new text end Upon
approving the agency's determination of compelling reasons, the court may order the
child placed in long-term foster care. At least every 12 months thereafter as long as the
child continues in out-of-home placement, the court shall conduct a permanency review
hearing to determine the future status of the child using the review requirements of section
260C.201, subdivision 11, paragraph (g).

(d) The court shall retain jurisdiction through the child's minority in a case where
long-term foster care is the permanent disposition whether under paragraph (c) or section
260C.201, subdivision 11.

Sec. 21.

Minnesota Statutes 2006, section 260C.331, subdivision 1, is amended to read:

Subdivision 1.

Care, examination, or treatment.

(a) Except where parental rights
are terminated,

(1) whenever legal custody of a child is transferred by the court to a responsible
social services agency,

(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or

(3) whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

(b) The court shall order, and the responsible social services agency shall require,
the parents or custodian of a child, while the child is under the age of 18, to use the
total income and resources attributable to the child for the period of care, examination,
or treatment, except for clothing and personal needs allowance as provided in section
256B.35, to reimburse the county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not limited to, Social Security
benefits, supplemental security income (SSI), veterans benefits, railroad retirement
benefits and child support. When the child is over the age of 18, and continues to receive
care, examination, or treatment, the court shall order, and the responsible social services
agency shall require, reimbursement from the child for the cost of care, examination, or
treatment from the income and resources attributable to the child less the clothing and
personal needs allowance. new text begin Income does not include earnings from a child over 18 who is
working as part of a plan under section 260C.212, subdivision 1, paragraph (c), clause
(8), to transition from foster care.
new text end

(c) If the income and resources attributable to the child are not enough to reimburse
the county for the full cost of the care, examination, or treatment, the court shall inquire
into the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the responsible social services agency
shall require, the parents to contribute to the cost of care, examination, or treatment of
the child. When determining the amount to be contributed by the parents, the court shall
use a fee schedule based upon ability to pay that is established by the responsible social
services agency and approved by the commissioner of human services. The income of
a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.

(d) The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources, withheld under
chapter 518A from the income of the parents or the custodian of the child. A parent or
custodian who fails to pay without good reason may be proceeded against for contempt, or
the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.

(e) If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is
covered by a health insurance policy, health maintenance contract, or other health
coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
requirements for medical necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
or other requirements in the policy, contract, or plan that relate to coverage of other
medically necessary services.

Sec. 22.

Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision
to read:

new text begin Subd. 3e. new text end

new text begin Agency responsibility for assessing or investigating reports of sexual
abuse. new text end

new text begin The local welfare agency is the agency responsible for investigating allegations
of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual
functioning within the family unit as a person responsible for the child's care, or a person
with a significant relationship to the child if that person resides in the child's household.
new text end

Sec. 23.

Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision
to read:

new text begin Subd. 3f. new text end

new text begin Law enforcement agency responsibility for investigating
maltreatment. new text end

new text begin The local law enforcement agency has responsibility for investigating any
report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement
and the responsible agency must coordinate their investigations or assessments as required
under subdivision 10.
new text end

Sec. 24.

Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:

Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of a report.

(a) Upon receipt of a report, the local welfare agency shall determine
whether to conduct a family assessment or an investigation as appropriate to prevent or
provide a remedy for child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege substantial child
endangerment. In determining that a family assessment is appropriate, the local welfare
agency may consider issues of child safety, parental cooperation, and the need for an
immediate response; and

(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the investigation and
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigation.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, new text begin or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, new text end the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1) to
(4). In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family
life whenever possible. If the report alleges a violation of a criminal statute involving
sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
local law enforcement agency and local welfare agency shall coordinate the planning and
execution of their respective investigation and assessment efforts to avoid a duplication of
fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
the results of its investigation. In cases of alleged child maltreatment resulting in death,
the local agency may rely on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment occurred. When necessary the
local welfare agency shall seek authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing any of these duties, the
local welfare agency shall maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615. The local welfare agency shall report the determination of the
chemical use assessment, and the recommendations and referrals for alcohol and other
drug treatment services to the state authority on alcohol and drug abuse.

(b) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports
regarding a child defined as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.

(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may
be transported to, and the interview conducted at, a place appropriate for the interview
of a child designated by the local welfare agency or law enforcement agency. The
interview may take place outside the presence of the alleged offender or parent, legal
custodian, guardian, or school official. For family assessments, it is the preferred practice
to request a parent or guardian's permission to interview the child prior to conducting the
child interview, unless doing so would compromise the safety assessment. Except as
provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the
responsible local welfare or law enforcement agency no later than the conclusion of the
investigation or assessment that this interview has occurred. Notwithstanding rule 49.02
of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after
hearing on an ex parte motion by the local welfare agency, order that, where reasonable
cause exists, the agency withhold notification of this interview from the parent, legal
custodian, or guardian. If the interview took place or is to take place on school property,
the order shall specify that school officials may not disclose to the parent, legal custodian,
or guardian the contents of the notification of intent to interview the child on school
property, as provided under this paragraph, and any other related information regarding
the interview that may be a part of the child's school record. A copy of the order shall be
sent by the local welfare or law enforcement agency to the appropriate school official.

(d) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification
shall include the name of the child to be interviewed, the purpose of the interview, and
a reference to the statutory authority to conduct an interview on school property. For
interviews conducted by the local welfare agency, the notification shall be signed by the
chair of the local social services agency or the chair's designee. The notification shall be
private data on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the notification
or any other related information regarding the interview until notified in writing by the
local welfare or law enforcement agency that the investigation or assessment has been
concluded, unless a school employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or the agency responsible
for assessing or investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.

Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.

(e) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in
other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.

(g) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(h) The local welfare agency responsible for conducting a family assessment new text begin or
investigationnew text end shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needsnew text begin , and share not
public information with an Indian child's tribal social services agency without violating
any law of the state that may otherwise impose duties of confidentiality on the local
welfare agency in accordance with the tribal state agreementnew text end . The local welfare agency
or the agency responsible for investigating the report shall collect available and relevant
information to ascertain whether maltreatment occurred and whether protective services
are needed. Information collected includes, when relevant, information with regard to
the person reporting the alleged maltreatment, including the nature of the reporter's
relationship to the child and to the alleged offender, and the basis of the reporter's
knowledge for the report; the child allegedly being maltreated; the alleged offender; the
child's caretaker; and other collateral sources having relevant information related to the
alleged maltreatment. The local welfare agency or the agency responsible for assessing
or investigating the report may make a determination of no maltreatment early in an
assessment, and close the case and retain immunity, if the collected information shows no
basis for a full assessment or investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(1) the child's sex and age, prior reports of maltreatment, information relating
to developmental functioning, credibility of the child's statement, and whether the
information provided under this clause is consistent with other information collected
during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding section 13.384 or 144.335, the local welfare agency has
access to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected
or maintained during and for the purpose of an investigation of alleged maltreatment
in a school are governed by this section, notwithstanding the data's classification as
educational, licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if substantial child endangerment is alleged and within five calendar days for all other
reports. If the alleged offender was not already interviewed as the primary caregiver, the
local welfare agency shall also conduct a face-to-face interview with the alleged offender
in the early stages of the assessment or investigation. At the initial contact, the local child
welfare agency or the agency responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations made against the individual in
a manner consistent with laws protecting the rights of the person who made the report.
The interview with the alleged offender may be postponed if it would jeopardize an active
law enforcement investigation.

(j) When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

(k) In conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (k), and subdivision 3d.

Sec. 25.

Minnesota Statutes 2006, section 626.556, subdivision 10a, is amended to
read:

Subd. 10a.

deleted text begin Abuse outside family unitdeleted text end new text begin Law enforcement agency responsibility
for investigation; welfare agency reliance on law enforcement fact-finding; welfare
agency offer of servicesnew text end .

new text begin (a) new text end If the report alleges neglect, physical abuse, or sexual abuse
by a person new text begin who is not a parent, guardian, sibling, person new text end responsible for the child's care
functioning deleted text begin outsidedeleted text end new text begin withinnew text end the family unit new text begin as a person responsible for the child's care, or a
person who lives in the child's household and who has a significant relationship to the
child, new text end in a setting other than a facility as defined in subdivision 2, the local welfare agency
shall immediately notify the appropriate law enforcement agency, which shall conduct an
investigation of the alleged abuse or neglectnew text begin if a violation of a criminal statute is allegednew text end .

new text begin (b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened harm or other maltreatment has occurred under subdivision 2 if an alleged
offender has minor children or lives with minors.
new text end

new text begin (c) new text end The local welfare agency shall offer appropriate social services for the purpose of
safeguarding and enhancing the welfare of the abused or neglected minor.

Sec. 26.

Minnesota Statutes 2006, section 626.556, subdivision 10f, is amended to read:

Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian of
the child of the need for services to address child safety concerns or significant risk of
subsequent child maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed. Within ten working
days of the conclusion of an investigation, the local welfare agency or agency responsible
for assessing or investigating the report shall notify the parent or guardian of the child, the
person determined to be maltreating the child, and if applicable, the director of the facility,
of the determination and a summary of the specific reasons for the determination. The
notice must also include a certification that the information collection procedures under
subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a
data subject to obtain access to other private data on the subject collected, created, or
maintained under this section. In addition, the notice shall include the length of time that
the records will be kept under subdivision 11c. The investigating agency shall notify the
parent or guardian of the child who is the subject of the report, and any person or facility
determined to have maltreated a child, of their appeal or review rights under this section
or section 256.022.new text begin The notice shall also state that a finding of maltreatment may result
in denial of a license application or background study disqualification under chapter
245C related to employment or services that are licensed by the Department of Human
Services under chapter 245A, the Department of Health under chapter 144 or 144A, the
Department of Corrections under section 241.021, and from providing services related to
an unlicensed personal care provider organization under chapter 256B.
new text end

Sec. 27. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor shall renumber Minnesota Statutes, section 626.556, subdivision 3d,
as Minnesota Statutes, section 626.556, subdivision 3g.
new text end

new text begin (b) The revisor shall change references to Minnesota Statutes, section 260.851,
to section 260.853 and references to Minnesota Statutes, section 260.851, article 5, to
section 260.853, article IV, wherever those references appear in Minnesota Statutes and
Minnesota Rules.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Laws 1997, chapter 8, section 1, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 9560.0102, subpart 2, item C, new text end new text begin is repealed.
new text end

ARTICLE 2

DEPARTMENT OF HUMAN SERVICES TECHNICAL PROVISIONS

Section 1.

Minnesota Statutes 2006, section 259.67, subdivision 4, is amended to read:

Subd. 4.

Eligibility conditions.

(a) The placing agency shall use the AFDC
requirements as specified in federal law as of July 16, 1996, when determining the child's
eligibility for adoption assistance under title IV-E of the Social Security Act. If the child
does not qualify, the placing agency shall certify a child as eligible for state funded
adoption assistance only if the following criteria are met:

(1) Due to the child's characteristics or circumstances it would be difficult to provide
the child an adoptive home without adoption assistance.

(2)(i) A placement agency has made reasonable efforts to place the child for adoption
without adoption assistance, but has been unsuccessful; or

(ii) the child's licensed foster parents desire to adopt the child and it is determined by
the placing agency that the adoption is in the best interest of the child.

(3)new text begin (i)new text end The child has been a ward of the commissioner, a Minnesota-licensed
child-placing agency, or a tribal social service agency of Minnesota recognized by the
Secretary of the Interiornew text begin ; or (ii) the child will be adopted according to tribal law without a
termination of parental rights or relinquishment, provided that the tribe has documented
the valid reason why the child cannot or should not be returned to the home of the child's
parentnew text end . The placing agency shall not certify a child who remains under the jurisdiction
of the sending agency pursuant to section 260.851, article 5, for state-funded adoption
assistance when Minnesota is the receiving state.

(b) For purposes of this subdivision, the characteristics or circumstances that may
be considered in determining whether a child is a child with special needs under United
States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of
paragraph (a), clause (1), are the following:

(1) The child is a member of a sibling group to be placed as one unit in which at
least one sibling is older than 15 months of age or is described in clause (2) or (3).

(2) The child has documented physical, mental, emotional, or behavioral disabilities.

(3) The child has a high risk of developing physical, mental, emotional, or behavioral
disabilities.

deleted text begin (4) The child is adopted according to tribal law without a termination of parental
rights or relinquishment, provided that the tribe has documented the valid reason why the
child cannot or should not be returned to the home of the child's parent.
deleted text end

(c) When a child's eligibility for adoption assistance is based upon the high risk of
developing physical, mental, emotional, or behavioral disabilities, payments shall not be
made under the adoption assistance agreement unless and until the potential disability
manifests itself as documented by an appropriate health care professional.

Sec. 2.

Minnesota Statutes 2006, section 260.012, is amended to read:

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible
time, and deleted text begin when a child cannot be reunified with the parent or guardian from whom the
child was removed,deleted text end the court must ensure that the responsible social services agency
makes reasonable efforts to finalize an alternative permanent plan for the child as provided
in paragraph (e). In determining reasonable efforts to be made with respect to a child and
in making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been terminated
involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(5) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable under the circumstances.

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in
foster care; or

(2) given the particular circumstances of the child and family at the time of the
child's removal, there are no services or efforts available which could allow the child to
safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due
diligence by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(3) conduct a relative search as required under section 260C.212, subdivision 5; and

(4) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the
child, preferably through adoption or transfer of permanent legal and physical custody of
the child.

(1) it has made reasonable efforts to prevent placement of the child in foster care;

(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;

(3) it has made reasonable efforts to finalize an alternative permanent home for the
child; or

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections
609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
surviving child; or

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

(1) relevant to the safety and protection of the child;

(2) adequate to meet the needs of the child and family;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

Sec. 3.

Minnesota Statutes 2006, section 260B.157, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

Upon request of the court the local social services
agency or probation officer shall investigate the personal and family history and
environment of any minor coming within the jurisdiction of the court under section
260B.101 and shall report its findings to the court. The court may order any minor coming
within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.

The court shall deleted text begin havedeleted text end new text begin ordernew text end a chemical use assessment conducted when a child is
(1) found to be delinquent for violating a provision of chapter 152, or for committing a
felony-level violation of a provision of chapter 609 if the probation officer determines
that alcohol or drug use was a contributing factor in the commission of the offense, or
(2) alleged to be delinquent for violating a provision of chapter 152, if the child is being
held in custody under a detention order. The assessor's qualifications and the assessment
criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
chapter 254B are to be used to pay for the recommended treatment, the assessment and
placement must comply with all provisions of Minnesota Rules, parts 9530.6600 to
9530.6655 and 9530.7000 to 9530.7030. The commissioner of human services shall
reimburse the court for the cost of the chemical use assessment, up to a maximum of $100.

The court shall deleted text begin havedeleted text end new text begin ordernew text end a children's mental health screening conducted when
a child is found to be delinquent. The screening shall be conducted with a screening
instrument approved by the commissioner of human services and shall be conducted by a
mental health practitioner as defined in section 245.4871, subdivision 26, or a probation
officer who is trained in the use of the screening instrument. If the screening indicates
a need for assessment, the local social services agency, in consultation with the child's
family, shall have a diagnostic assessment conducted, including a functional assessment,
as defined in section 245.4871.

With the consent of the commissioner of corrections and agreement of the county to
pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction
in an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent, in order that the condition of the minor
be given due consideration in the disposition of the case. Any funds received under the
provisions of this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for
use by the commissioner of corrections during that period and are hereby appropriated
annually to the commissioner of corrections as reimbursement of the costs of providing
these services to the juvenile courts.

Sec. 4.

Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,new text begin
and in the case of sexual abuse also includesnew text end a person who has a significant relationship to
the child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825. Abuse does not include
reasonable and moderate physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Abuse does not include the use of reasonable
force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
which are not reasonable and moderate include, but are not limited to, any of the following
that are done in anger or without regard to the safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

Sec. 5.

Minnesota Statutes 2006, section 626.556, subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report.

(a) A person who knows or has reason
to believe a child is being neglected or physically or sexually abused, as defined in
subdivision 2, or has been neglected or physically or sexually abused within the preceding
three years, shall immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person is:

(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; or

(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under section 595.02,
subdivision 1, paragraph (c).

The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing or
investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.
The county sheriff and the head of every local welfare agency, agency responsible
for assessing or investigating reports, and police department shall each designate a
person within their agency, department, or office who is responsible for ensuring that
the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
this subdivision shall be construed to require more than one report from any institution,
facility, school, or agency.

(b) Any person may voluntarily report to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person knows, has reason to believe, or suspects a child is being or has been
neglected or subjected to physical or sexual abuse. The police department or the county
sheriff, upon receiving a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report, orally and in writing. The
local welfare agency or agency responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police department or the county
sheriff orally and in writing.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for
licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
chapter 245B; or a nonlicensed personal care provider organization as defined in sections
256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections agency
receiving a report may request the local welfare agency to provide assistance pursuant
to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work
within a school facility, upon receiving a complaint of alleged maltreatment, shall provide
information about the circumstances of the alleged maltreatment to the commissioner of
education. Section 13.03, subdivision 4, applies to data received by the commissioner of
education from a licensing entity.

(d) Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is
not mandated to report shall, upon request to the local welfare agency, receive a concise
summary of the disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.

(e) For purposes of this deleted text begin subdivisiondeleted text end new text begin sectionnew text end , "immediately" means as soon as
possible but in no event longer than 24 hours.

Sec. 6.

Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:

Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of a report.

(1) shall conduct an investigation on reports involving substantial child
endangerment;

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care,
the local welfare agency shall immediately conduct a family assessment or investigation
as identified in clauses (1) to (4). In conducting a family assessment or investigation, the
local welfare agency shall gather information on the existence of substance abuse and
domestic violence and offer services for purposes of preventing future child maltreatment,
safeguarding and enhancing the welfare of the abused or neglected minor, and supporting
and preserving family life whenever possible. If the report alleges a violation of a
criminal statute involving sexual abuse, physical abuse, or neglect or endangerment,
under section 609.378, the local law enforcement agency and local welfare agency shall
coordinate the planning and execution of their respective investigation and assessment
efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency
shall prepare a separate report of the results of its investigation. In cases of alleged child
maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a
law enforcement investigation to make a determination of whether or not maltreatment
occurred. When necessary the local welfare agency shall seek authority to remove the
child from the custody of a parent, guardian, or adult with whom the child is living. In
performing any of these duties, the local welfare agency shall maintain appropriate records.

(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may be
transported to, and the interview conducted at, a place appropriate for the interview of a
child designated by the local welfare agency or law enforcement agency. The interview
may take place outside the presence of the alleged offender or parent, legal custodian,
guardian, or school official. For family assessments, it is the preferred practice to request
a parent or guardian's permission to interview the child prior to conducting the child
interview, unless doing so would compromise the safety assessment. Except as provided in
this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the conclusion of the investigation
or assessment that this interview has occurred. Notwithstanding rule of the
Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on
an ex parte motion by the local welfare agency, order that, where reasonable cause exists,
the agency withhold notification of this interview from the parent, legal custodian, or
guardian. If the interview took place or is to take place on school property, the order shall
specify that school officials may not disclose to the parent, legal custodian, or guardian the
contents of the notification of intent to interview the child on school property, as provided
under this paragraph, and any other related information regarding the interview that may
be a part of the child's school record. A copy of the order shall be sent by the local welfare
or law enforcement agency to the appropriate school official.

(h) The local welfare agency responsible for conducting a family assessment shall
collect available and relevant information to determine child safety, risk of subsequent
child maltreatment, and family strengths and needs. The local welfare agency or the
agency responsible for investigating the report shall collect available and relevant
information to ascertain whether maltreatment occurred and whether protective services
are needed. Information collected includes, when relevant, information with regard to
the person reporting the alleged maltreatment, including the nature of the reporter's
relationship to the child and to the alleged offender, and the basis of the reporter's
knowledge for the report; the child allegedly being maltreated; the alleged offender; the
child's caretaker; and other collateral sources having relevant information related to the
alleged maltreatment. The local welfare agency or the agency responsible for assessing
or investigating the report may make a determination of no maltreatment early in an
assessment, and close the case and retain immunity, if the collected information shows no
basis for a full assessment or investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

Sec. 7.

Minnesota Statutes 2006, section 626.556, subdivision 10c, is amended to read:

Subd. 10c.

Duties of local social service agency upon receipt of a report of
medical neglect.

If the report alleges medical neglect as defined in section 260C.007,
subdivision deleted text begin 4deleted text end new text begin 6new text end , clause (5), the local welfare agency shall, in addition to its other duties
under this section, immediately consult with designated hospital staff and with the parents
of the infant to verify that appropriate nutrition, hydration, and medication are being
provided; and shall immediately secure an independent medical review of the infant's
medical charts and records and, if necessary, seek a court order for an independent medical
examination of the infant. If the review or examination leads to a conclusion of medical
neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings
under section 260C.141 and by filing an expedited motion to prevent the withholding
of medically indicated treatment.

SF 1221

Bill Text Versions

ARTICLE 1

CHILD WELFARE

Section 1.

Subd. 2.

Specific powers.

Sec. 2.

Subd. 3.

Child.

Sec. 3.

Subdivision 1.

Notice to commissioner; referral for postplacement assessment.

Sec. 4.

Subdivision 1.

Findings; orders.

Sec. 5.

Subd. 7.

Reimbursement of costs.

Sec. 6.

Subd. 8.

Reasons for deferral.

Sec. 7.

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE EFFORTS.

Sec. 8.

Subd. 12.

Indian tribe.

Sec. 9.

Subd. 20.

Tribal court.

Sec. 10.

Subd. 7.

Identification of extended family members.

Sec. 11.

Subd. 5.

Identification of extended family members.

Sec. 12.

Subdivision 1.

Indian tribe jurisdiction.

Sec. 13.

Subd. 2.

Court determination of tribal affiliation of child.

Sec. 14.

new text begin [260.852] PLACEMENT PROCEDURES. new text end

new text begin Subdivision 1. new text end

new text begin Home study. new text end

new text begin Subd. 2. new text end

new text begin Effect of received report. new text end

new text begin Subd. 3. new text end

new text begin Resources. new text end

new text begin Subd. 4. new text end

new text begin Incentive eligibility. new text end

new text begin Subd. 5. new text end

new text begin Data requirements. new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin Subd. 7. new text end

new text begin Background study requirements for adoption and foster care. new text end

new text begin Subd. 8. new text end

new text begin Home visits. new text end

Sec. 15.

Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

Sec. 16.

Subdivision 1.

General.

Sec. 17.

Subd. 11.

Review of court-ordered placements; permanent placement determination.

Sec. 18.

Subdivision 1.

Out-of-home placement; plan.

Sec. 19.

Subd. 4.

Responsible social service agency's duties for children in placement.

Sec. 20.

Subd. 3.

Order; retention of jurisdiction.

Sec. 21.

Subdivision 1.

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

new text begin [260.852] PLACEMENT PROCEDURES.
new text end

Review of court-ordered placements; permanent placement
determination.

new text begin Agency responsibility for assessing or investigating reports of sexual
abuse. new text end

new text begin Law enforcement agency responsibility for investigating
maltreatment. new text end

Duties of local welfare agency and local law enforcement agency upon
receipt of a report.

deleted text begin Abuse outside family unitdeleted text end new text begin Law enforcement agency responsibility
for investigation; welfare agency reliance on law enforcement fact-finding; welfare
agency offer of servicesnew text end .

Sec. 27. new text begin REVISOR'S INSTRUCTION.
new text end

Sec. 28. new text begin REPEALER.
new text end

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

Duties of local welfare agency and local law enforcement agency upon
receipt of a report.

Duties of local social service agency upon receipt of a report of
medical neglect.