1998 Minnesota Statutes

CHAPTER 257. Children; custody, legitimacy

     257.01 Records required. 

    Each person or authorized child-placing agency permitted by 
 law to receive children, secure homes for children, or care for 
 children, shall keep a record containing the name, age, former 
 residence, legal status, health records, sex, race, and 
 accumulated length of time in foster care, if applicable, of 
 each child received; the name, former residence, occupation, 
 health history, and character, of each birth parent; the date of 
 reception, placing out, and adoption of each child, and the 
 name, race, occupation, and residence of the person with whom a 
 child is placed; the date of the removal of any child to another 
 home and the reason for removal; the date of termination of the 
 guardianship; the history of each child until the child reaches 
 the age of 18 years, is legally adopted, or is discharged 
 according to law; and further demographic and other information 
 as is required by the commissioner of human services. 

    HIST: (4560) Ex1919 c 51 s 1; 1951 c 644 s 1; 1973 c 725 s 47; 
 1983 c 278 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 s 
 31 

     257.02 Surrender of parental rights. 

    No person other than the parents or relatives may assume 
 the permanent care and custody of a child under 14 years of age 
 unless authorized so to do by an order or decree of court.  
 However, if a parent of a child who is being cared for by a 
 relative dies, or if the parent is not or cannot fulfill 
 parental duties with respect to the child, the relative may 
 bring a petition under section 260.131.  Except in proceedings 
 for adoption or by a consent decree entered under section 
 257.0215, no parent may assign or otherwise transfer to another 
 parental rights or duties with respect to the permanent care and 
 custody of a child under 14 years of age.  Any such transfer 
 shall be void.  

    HIST: (4561) Ex1919 c 51 s 2; 1986 c 444; 1996 c 421 s 2; 1997 
 c 112 s 1 

  257.021 Repealed, 3Sp1981 c 3 s 20 

     257.0215 Custody consent decree. 

    A parent may transfer legal and physical custody of a child 
 to a relative by a consent decree entered under this section.  
 The court may approve a proposed consent decree if the custody 
 arrangement is in the best interests of the child and all 
 parties to the decree agree to it after being fully informed of 
 its contents.  A consent decree under this section must: 

    (1) transfer legal and physical custody of the child to a 
 named relative and state that this includes the ability to 
 determine the child's residence; make decisions regarding the 
 child's education, religious training, and health care; and 
 obtain information and public services on behalf of the child in 
 the same manner as a parent; 

    (2) indicate whether the transfer of custody is temporary 
 or permanent; and 

    (3) include an order for child support in the guidelines 
 amount and an allocation of child care costs as provided by 
 section 518.551, subject to income withholding under section 
 518.6111 and including an order for medical support under 
 section 518.171. 

    Either a parent or a relative who is party to a consent 
 decree under this section may file a motion to modify or 
 terminate the consent decree at any time.  A party who has 
 custody of a child under this section must seek modification of 
 the consent decree before transferring physical or legal custody 
 of the child to anyone. 

    For purposes of this section, "relative" means an adult who 
 is a stepparent, grandparent, brother, sister, uncle, aunt, or 
 other extended family member of a minor by blood, marriage, or 
 adoption. 

    HIST: 1997 c 112 s 2; 1997 c 203 art 6 s 92 

     257.022 Rights of visitation to unmarried persons. 

    Subdivision 1.    When parent is deceased.  If a parent 
 of an unmarried minor child is deceased, the parents and 
 grandparents of the deceased parent may be granted reasonable 
 visitation rights to the unmarried minor child during minority 
 by the district court upon finding that visitation rights would 
 be in the best interests of the child and would not interfere 
 with the parent child relationship.  The court shall consider 
 the amount of personal contact between the parents or 
 grandparents of the deceased parent and the child prior to the 
 application. 

    Subd. 2.    Family court proceedings.  (a) In all 
 proceedings for dissolution, custody, legal separation, 
 annulment, or parentage, after the commencement of the 
 proceeding, or at any time after completion of the proceedings, 
 and continuing during the minority of the child, the court may, 
 upon the request of the parent or grandparent of a party, grant 
 reasonable visitation rights to the unmarried minor child, after 
 dissolution of marriage, legal separation, annulment, or 
 determination of parentage during minority if it finds that:  (1)
 visitation rights would be in the best interests of the child; 
 and (2) such visitation would not interfere with the 
 parent-child relationship.  The court shall consider the amount 
 of personal contact between the parents or grandparents of the 
 party and the child prior to the application. 

    (b) If a motion for grandparent visitation has been heard 
 and denied, unless agreed to in writing by the parties, no 
 subsequent motion may be filed within six months after 
 disposition of a prior motion on its merits. 

    Subd. 2a.    When child has resided with grandparents.  
 If an unmarried minor has resided with grandparents or 
 great-grandparents for a period of 12 months or more, and is 
 subsequently removed from the home by the minor's parents, the 
 grandparents or great-grandparents may petition the district 
 court for an order granting them reasonable visitation rights to 
 the child during minority.  The court shall grant the petition 
 if it finds that visitation rights would be in the best 
 interests of the child and would not interfere with the parent 
 and child relationship. 

    Subd. 2b.    When child has resided with other person.  
 If an unmarried minor has resided in a household with a person, 
 other than a foster parent, for two years or more and no longer 
 resides with the person, the person may petition the district 
 court for an order granting the person reasonable visitation 
 rights to the child during the child's minority.  The court 
 shall grant the petition if it finds that: 

    (1) visitation rights would be in the best interests of the 
 child; 

    (2) the petitioner and child had established emotional ties 
 creating a parent and child relationship; and 

    (3) visitation rights would not interfere with the 
 relationship between the custodial parent and the child. 

    The court shall consider the reasonable preference of the 
 child, if the court considers the child to be of sufficient age 
 to express a preference. 

    Subd. 3.    Exception for adopted children.  This 
 section shall not apply if the child has been adopted by a 
 person other than a stepparent or grandparent.  Any visitation 
 rights granted pursuant to this section prior to the adoption of 
 the child shall be automatically terminated upon such adoption. 

    Subd. 3a.    Grandparent visitation with an adopted child. 
  (a) A grandparent of a child adopted by a stepparent may 
 petition and a court may grant an order setting visitation with 
 the child if: 

    (1) the grandparent is the parent of: 

    (i) a deceased parent of the child; or 

    (ii) a parent of the child whose parental relationship was 
 terminated by a decree of adoption according to section 259.57, 
 subdivision 1; and 

    (2) the court determines that the requested visitation: 

    (i) is in the best interests of the child; and 

    (ii) would not interfere with the parent and child 
 relationship. 

    (b) Failure to comply with the terms of an order for 
 visitation granted under this subdivision is not a basis for 
 revoking, setting aside, or otherwise challenging the validity 
 of a consent, relinquishment, or adoption of a child. 

    Subd. 4.    Establishment of interference with parent and 
 child relationship.  The court may not deny visitation rights 
 under this section based on allegations that the visitation 
 rights would interfere with the relationship between the 
 custodial parent and the child unless after a hearing the court 
 determines by a preponderance of the evidence that interference 
 would occur. 

    Subd. 5.    Visitation proceeding may not be combined with 
 proceeding under chapter 518b.  Proceedings under this section 
 may not be combined with a proceeding under chapter 518B. 

    HIST: 1976 c 198 s 1; 1977 c 238 s 1,2; 1986 c 444; 1988 c 668 
 s 4; 1989 c 248 s 1; 1993 c 62 s 1; 1993 c 322 s 3,4; 1997 c 177 
 s 2,3; 1998 c 254 art 2 s 27,28 

     257.025 Custody disputes. 

    (a) In any proceeding where two or more parties seek 
 custody of a child the court shall consider and evaluate all 
 relevant factors in determining the best interests of the child, 
 including the following factors: 

    (1) the wishes of the party or parties as to custody; 

    (2) the reasonable preference of the child, if the court 
 deems the child to be of sufficient age to express preference; 

    (3) the child's primary caretaker; 

    (4) the intimacy of the relationship between each party and 
 the child; 

    (5) the interaction and interrelationship of the child with 
 a party or parties, siblings, and any other person who may 
 significantly affect the child's best interests; 

    (6) the child's adjustment to home, school, and community; 

    (7) the length of time the child has lived in a stable, 
 satisfactory environment and the desirability of maintaining 
 continuity; 

    (8) the permanence, as a family unit, of the existing or 
 proposed custodial home; 

    (9) the mental and physical health of all individuals 
 involved; except that a disability, as defined in section 
 363.01, of a proposed custodian or the child shall not be 
 determinative of the custody of the child, unless the proposed 
 custodial arrangement is not in the best interest of the child; 

    (10) the capacity and disposition of the parties to give 
 the child love, affection, and guidance, and to continue 
 educating and raising the child in the child's culture, 
 religion, or creed, if any; 

    (11) the child's cultural background; and 

    (12) the effect on the child of the actions of an abuser, 
 if related to domestic abuse as defined in section 518B.01, that 
 has occurred between the parents or the parties. 

    The court may not use one factor to the exclusion of all 
 others.  The court must make detailed findings on each of the 
 factors and explain how the factors led to its conclusions and 
 to the determination of the best interests of the child.  

    (b) The fact that the parents of the child are not or were 
 never married to each other shall not be determinative of the 
 custody of the child.  

    (c) The court shall not consider conduct of a proposed 
 custodian that does not affect the custodian's relationship to 
 the child.  

    (d) The court shall consider evidence of a violation of 
 section 609.507 in determining the best interests of the child.  

    (e) A person may seek custody of a child by filing a 
 petition or motion pursuant to section 518.156.  

    (f) Section 518.619 applies to this section. 

    HIST: 1974 c 330 s 1; 1980 c 589 s 29; 1990 c 574 s 2; 1992 c 
 557 s 1 

     257.03 Notice to commissioner of human services. 

    Any person not exempted from the requirement for licensure 
 under chapter 245A receiving a child in the person's home: 

    (1) because of the death, injury, or illness of the child's 
 parent if the person intends to keep the child for more than 30 
 days; or 

    (2) with intent to adopt the child or keep the child 
 permanently, except a person receiving a child from an 
 authorized agency, must notify the commissioner of human 
 services in writing within 30 days after the child is received.  
 Notice shall state the true name of the child; the child's last 
 previous address; the name and address of the child's parents or 
 legal guardian and of persons with whom the child last resided; 
 and the names and addresses of persons who placed the child in 
 the home, arranged for, or assisted with arrangements for the 
 child's placement there; and such other facts about the child or 
 the home as the commissioner may require.  It is the duty of the 
 commissioner or a designated agent to investigate the 
 circumstances surrounding the child's entry into the home and to 
 take appropriate action to assure for the child, the biological 
 parents, and the foster parents the full protection of all laws 
 of Minnesota relating to custody and foster care of children.  
 Except as provided by section 317A.907, no person shall solicit, 
 receive, or accept any payment, promise of payment, or 
 compensation, for placing a child in foster care or for 
 assisting to place a child in foster care.  Nor shall any person 
 pay or promise to pay or in any way compensate any person, for 
 placing or for assisting to place a child in foster care.  

    HIST: (4562) Ex1919 c 51 s 3; 1949 c 227 s 1; 1951 c 644 s 2; 
 1955 c 587 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 403 
 art 3 s 96; 1989 c 304 s 132; 1996 c 421 s 3 

     257.035 Emergency. 

    A relative who acts to protect a child in an emergency or 
 when a parent dies is not a custodian as defined under section 
 260.015.  If the relative is unable or unwilling to provide for 
 the ongoing care, custody, and control of the child, the child 
 may be considered a child in need of protection or services 
 under section 260.015.  The relative may report the death or 
 emergency to the local social service agency.  Upon receiving 
 the report, the local social service agency shall assess the 
 circumstances and the needs of the child.  The agency may place 
 the child in foster care with a relative who meets the licensing 
 standards under chapter 245A, and may pursue court action on 
 behalf of the child. 

    HIST: 1996 c 421 s 4 

     257.04 Investigation.  

    Upon receipt of the notice provided for in section 257.03 
 the commissioner of human services or a designated agent of the 
 commissioner shall visit the child and the home and shall 
 continue to visit and supervise the home and the child or take 
 other appropriate action to assure that the welfare of the 
 child, biological parents and foster parents are fully protected.

    HIST: (4563) Ex1919 c 51 s 4; 1935 c 112 s 2; 1949 c 227 s 2; 
 1955 c 587 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 403 
 art 3 s 94 

     257.05 Importation. 

    Subdivision 1.  No person, except as provided by 
 subdivision 2, shall bring or send into the state any child for 
 the purpose of placing the child out or procuring the child's 
 adoption without first obtaining the consent of the commissioner 
 of human services, and such person shall conform to all rules of 
 the commissioner of human services and laws of the state of 
 Minnesota relating to protection of children in foster care.  
 Before any child shall be brought or sent into the state for the 
 purpose of being placed in foster care, the person bringing or 
 sending the child into the state shall first notify the 
 commissioner of human services of the person's intention, and 
 shall obtain from the commissioner of human services a 
 certificate stating that the home in which the child is to be 
 placed is, in the opinion of the commissioner of human services, 
 a suitable adoptive home for the child if legal adoption is 
 contemplated or that the home meets the commissioner's 
 requirements for licensing of foster homes if legal adoption is 
 not contemplated.  The commissioner is responsible for 
 protecting the child's interests so long as the child remains 
 within the state and until the child reaches the age of 18 or is 
 legally adopted.  Notice to the commissioner shall state the 
 name, age, and personal description of the child, and the name 
 and address of the person with whom the child is to be placed, 
 and such other information about the child and the foster home 
 as may be required by the commissioner. 

    Subd. 2.  A parent, stepparent, grandparent, brother, 
 sister and aunt or uncle in the first degree of the minor child 
 who bring a child into the state for placement within their own 
 home shall be exempt from the provisions of subdivision 1.  This 
 relationship may be by blood or marriage.  

    HIST: (4564) Ex1919 c 51 s 5; 1949 c 21 s 1; 1955 c 587 s 3; 
 1965 c 115 s 1; 1973 c 725 s 48; 1984 c 654 art 5 s 58; 1986 c 
 444; 1991 c 326 s 11 

     257.06 Exportation.  

    No person except a parent or guardian may take or send a 
 child out of the state for purposes of placing the child in 
 foster care without first obtaining the approval of the 
 commissioner of human services.  

    HIST: (4565) Ex1919 c 51 s 6; 1955 c 587 s 4; 1984 c 654 art 5 
 s 58; 1986 c 444 

     257.065 Authorized child-placing agency definition. 

    For the purposes of this chapter and chapter 259, 
 "authorized child-placing agency" means the local social service 
 agency under the authority of the local social services agency 
 or human service board, or any agency licensed by the 
 commissioner of human services or a comparable authority in the 
 state or United States, to place children for foster care or 
 adoption.  

    HIST: 1983 c 278 s 2; 1984 c 654 art 5 s 58; 1994 c 631 s 31 

     257.0651 Compliance with Indian Child Welfare Act. 

    Sections 257.03 to 257.075 must be construed consistently 
 with the Indian Child Welfare Act of 1978, United States Code, 
 title 25, sections 1901 to 1963. 

    HIST: 1993 c 291 s 1 

     257.066 Rules. 

    By December 31, 1989, the commissioner of human services 
 shall revise Minnesota Rules, parts 9545.0750 to 9545.0830, 
 9560.0010 to 9560.0180, and 9560.0500 to 9560.0670 to ensure 
 that, as conditions of licensure, social services and 
 child-placing agencies meet the requirements of section 257.072, 
 subdivisions 7 and 8, and keep records in compliance with 
 sections 257.01 and 259.79. 

    HIST: 1988 c 689 art 2 s 210; 1994 c 631 s 31 

     257.069 Information for child placement. 

    Subdivision 1.    Agency with placement authority.  An 
 agency with legal responsibility for the placement of a child 
 may request and shall receive all information pertaining to the 
 child that it considers necessary to appropriately carry out its 
 duties.  That information must include educational, medical, 
 psychological, psychiatric, and social or family history data 
 retained in any form by any individual or entity.  The agency 
 may gather appropriate data regarding the child's parents in 
 order to develop and implement a case plan required by section 
 257.071.  Upon request of the court responsible for overseeing 
 the provision of services to the child and family and for 
 implementing orders that are in the best interest of the child, 
 the responsible local social service agency or tribal social 
 service agency shall provide appropriate written or oral reports 
 from any individual or entity that has provided services to the 
 child or family.  The reports must include the nature of the 
 services being provided the child or family; the reason for the 
 services; the nature, extent, and quality of the child's or 
 parent's participation in the services, where appropriate; and 
 recommendations for continued services, where appropriate.  The 
 individual or entity shall report all observations and 
 information upon which it bases its report as well as its 
 conclusions.  If necessary to facilitate the receipt of the 
 reports, the court may issue appropriate orders. 

    Subd. 2.    Access to specific data.  A social service 
 agency responsible for the residential placement of a child 
 under this section and the residential facility in which the 
 child is placed shall have access to the following data on the 
 child: 

    (1) medical data under section 13.42; 

    (2) corrections and detention data under section 13.85; 

    (3) juvenile court data under section 260.161; and 

    (4) health records under section 144.335. 

    HIST: 1997 c 239 art 6 s 2 

  257.07 Repealed, 1978 c 602 s 13 

     257.071 Children in foster homes; placement; review. 

    Subdivision 1.    Placement; plan.  A case 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 260.015, 
 subdivision 7.  

    For the purposes of this section, a case plan means a 
 written document which is ordered by the court or which is 
 prepared by the social service agency responsible for the 
 residential facility placement and is signed by the parent or 
 parents, or other custodian, of the child, the child's legal 
 guardian, the social service agency responsible for the 
 residential facility placement, and, if possible, the child.  
 The document shall be explained to all persons involved in its 
 implementation, including the child who has signed the document, 
 and shall set forth: 

    (1) The specific reasons for the placement of the child in 
 a residential facility, including a description of the problems 
 or conditions in the home of the parent or parents which 
 necessitated removal of the child from home; 

    (2) 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 (1), and the time period during 
 which the actions are to be taken; 

    (3) The financial responsibilities and obligations, if any, 
 of the parents for the support of the child during the period 
 the child is in the residential facility; 

    (4) The visitation rights and obligations of the parent or 
 parents or other relatives as defined in section 260.181, if 
 such visitation is consistent with the best interest of the 
 child, during the period the child is in the residential 
 facility; 

    (5) The social and other supportive services to be provided 
 to the parent or parents of the child, the child, and the 
 residential facility during the period the child is in the 
 residential facility; 

    (6) The date on which the child is expected to be returned 
 to the home of the parent or parents; 

    (7) The nature of the effort to be made by the social 
 service agency responsible for the placement to reunite the 
 family; and 

    (8) Notice to the parent or parents that placement of the 
 child in foster care may result in termination of parental 
 rights but only after notice and a hearing as provided in 
 chapter 260. 

    The parent or parents 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 service agency in preparation of the case plan. 

    After the plan has been agreed upon by the parties 
 involved, the foster parents shall be fully informed of the 
 provisions of the case plan. 

    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 such 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 the examination within 30 days of coming into the 
 agency's care and once a year in subsequent years. 

    Subd. 1a.    Placement decisions based on best interest of 
 the child.  (a) The policy of the state of Minnesota is to 
 ensure that the child's best interests are met by requiring an 
 individualized determination of the needs of the child and of 
 how the selected placement will serve the needs of the child 
 being placed.  The authorized child-placing agency shall place a 
 child, released by court order or by voluntary release by the 
 parent or parents, in a family foster home selected by 
 considering placement with relatives and important friends 
 consistent with section 260.181, subdivision 3.  

    (b) Among the factors the agency shall consider in 
 determining the needs of the child are those specified under 
 section 260.181, subdivision 3, paragraph (b).  

    (c) Placement of a child cannot be delayed or denied based 
 on race, color, or national origin of the foster parent or the 
 child.  Whenever possible, siblings should be placed together 
 unless it is determined not to be in the best interests of a 
 sibling.  

    Subd. 1b.    Limit on multiple placements.  If a child 
 has been placed in a residential facility pursuant to a court 
 order under section 260.172 or 260.191, the social service 
 agency responsible for the residential facility placement for 
 the child may not change the child's placement unless the agency 
 specifically documents that the current placement is unsuitable 
 or another placement is in the best interests of the child.  
 This subdivision does not apply if the new placement is in an 
 adoptive home or other permanent placement. 

    Subd. 1c.    Notice before voluntary placement.  The 
 local social service agency shall inform a parent considering 
 voluntary placement of a child who is not developmentally 
 disabled or emotionally handicapped of the following: 

    (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; 

    (4) if the local social service agency files a petition 
 alleging that the child is in need of protection or services or 
 a petition seeking the termination of parental rights, 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 260.191, subdivision 3b.  

    Subd. 1d.    Relative search; nature.  (a) Within six 
 months after a child is initially placed in a residential 
 facility, the local social services agency shall identify any 
 relatives of the child and notify them of the need for a foster 
 care home for the child and of the possibility of the need for a 
 permanent out-of-home placement of the child.  Relatives should 
 also be notified that a decision not to be a placement resource 
 at the beginning of the case may affect the relative being 
 considered for placement of the child with that relative later.  
 The relatives must be notified that they must keep the local 
 social services agency informed of their current address in 
 order to receive notice that a permanent placement is being 
 sought for the child.  A relative who fails to provide a current 
 address to the local social services agency forfeits the right 
 to notice of the possibility of permanent placement. 

    (b) Unless relieved of this duty by the court because the 
 child is placed with an appropriate relative who wishes to 
 provide a permanent home for the child, when the agency 
 determines that it is necessary to prepare for the permanent 
 placement determination hearing, or in anticipation of filing a 
 termination of parental rights petition, the agency shall send 
 notice to the relatives, any adult with whom the child is 
 currently residing, any adult with whom the child has resided 
 for one year or longer in the past, and any adults who have 
 maintained a relationship or exercised visitation with the child 
 as identified in the agency case plan.  The notice must state 
 that a permanent home is sought for the child and that the 
 individuals receiving the notice may indicate to the agency 
 their interest in providing a permanent home.  The notice must 
 state that within 30 days of receipt of the notice an individual 
 receiving the notice must indicate to the agency the 
 individual's interest in providing a permanent home for the 
 child or that the individual may lose the opportunity to be 
 considered for a permanent placement.  This notice need not be 
 sent if the child is placed with an appropriate relative who 
 wishes to provide a permanent home for the child. 

    Subd. 1e.    Change in placement.  If a child is removed 
 from a permanent placement disposition authorized under section 
 260.191, subdivision 3b, within one year after the placement was 
 made: 

    (1) the child must be returned to the residential facility 
 where the child was placed immediately preceding the permanent 
 placement; or 

    (2) the court shall hold a hearing within ten days after 
 the child is taken into custody to determine where the child is 
 to be placed.  A guardian ad litem must be appointed for the 
 child for this hearing. 

    Subd. 2.    Six-month review of placements.  There shall 
 be an administrative review of the case plan of each child 
 placed in a residential facility no later than 180 days after 
 the initial placement of the child in a residential facility and 
 at least every six months thereafter if the child is not 
 returned to the home of the parent or parents within that time.  
 The case plan must be monitored and updated at each 
 administrative review.  As an alternative to the administrative 
 review, the social service agency responsible for the placement 
 may bring a petition as provided in section 260.131, subdivision 
 1a, to the court for review of the foster care to determine if 
 placement is in the best interests of the child.  This petition 
 must be brought to the court within the applicable six months 
 and is not in lieu of the requirements contained in subdivision 
 3 or 4.  A court review conducted pursuant to section 260.191, 
 subdivision 3b, shall satisfy the requirement for an 
 administrative review so long as the other requirements of this 
 section are met. 

    Subd. 3.    Review of voluntary placements.  Except as 
 provided in subdivision 4, if the child has been placed in a 
 residential facility pursuant to a voluntary release by the 
 parent or parents, and is not returned home within 90 days after 
 initial placement in the residential facility, the social 
 service agency responsible for the placement shall: 

    (1) return the child to the home of the parent or parents; 
 or 

    (2) file a petition to extend the placement for 90 days. 

    The case plan must be updated when a petition is filed and 
 must include a specific plan for permanency.  

    If the court approves the extension, at the end of the 
 second 90-day period, the child must be returned to the parent's 
 home, unless a petition is filed for a child in need of 
 protection or services. 

    Subd. 4.    Review of developmentally disabled and 
 emotionally handicapped child placements.  If a 
 developmentally disabled child, as that term is defined in 
 United States Code, title 42, section 6001 (7), as amended 
 through December 31, 1979, or a child diagnosed with an 
 emotional handicap as defined in section 252.27, subdivision 1a, 
 has been placed in a residential facility pursuant to a 
 voluntary release by the child's parent or parents because of 
 the child's handicapping conditions or need for long-term 
 residential treatment or supervision, the social service agency 
 responsible for the placement shall bring a petition for review 
 of the child's foster care status, pursuant to section 260.131, 
 subdivision 1a, rather than a petition as required by section 
 260.191, subdivision 3b, after the child has been in foster care 
 for six months or, in the case of a child with an emotional 
 handicap, after the child has been in a residential facility for 
 six months.  Whenever a petition for review is brought pursuant 
 to this subdivision, a guardian ad litem shall be appointed for 
 the child. 

    Subd. 5.    Rules; children in residential facilities.  
 The commissioner of human services shall promulgate all rules 
 necessary to carry out the provisions of Public Law Number 
 96-272 as regards the establishment of a state goal for the 
 reduction of the number of children in residential facilities 
 beyond 24 months.  

    Subd. 6. Repealed, 1988 c 689 art 2 s 269 subd 1 

    Subd. 7.    Rules.  The commissioner shall revise 
 Minnesota Rules, parts 9545.0010 to 9545.0260, the rules setting 
 standards for family and group family foster care.  The 
 commissioner shall: 

    (1) require that, as a condition of licensure, foster care 
 providers attend training on understanding and validating the 
 cultural heritage of all children in their care, and on the 
 importance of the Indian Child Welfare Act, United States Code, 
 title 25, sections 1901 to 1923, and the Minnesota Indian Family 
 Preservation Act, sections 257.35 to 257.3579; and 

    (2) review and, where necessary, revise foster care rules 
 to reflect sensitivity to cultural diversity and differing 
 lifestyles.  Specifically, the commissioner shall examine 
 whether space and other requirements discriminate against 
 single-parent, minority, or low-income families who may be able 
 to provide quality foster care reflecting the values of their 
 own respective cultures. 

    Subd. 8.    Rules on removal of children.  The 
 commissioner shall adopt rules establishing criteria for removal 
 of children from their homes and return of children to their 
 homes. 

    Subd. 9.    Fair hearing review.  Any person whose claim 
 for foster care payment pursuant to the placement of a child 
 resulting from a child protection assessment under section 
 626.556 is denied or not acted upon with reasonable promptness 
 may appeal the decision under section 256.045, subdivision 3.  
 The application and fair hearing procedures set forth in the 
 administration of community social services rule, Minnesota 
 Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 
 payment issues appealable under this subdivision. 

    Subd. 10.    Rules; foster care fair hearings.  The 
 commissioner shall review and, where necessary, revise foster 
 care rules to ensure that the rules provide adequate guidance 
 for implementation of foster care fair hearings, pursuant to 
 section 256.045, subdivision 3, clause (5), that comply with all 
 applicable federal requirements and the requirements of section 
 256.045. 

    HIST: 1978 c 602 s 1; 1980 c 555 s 1,2; 1980 c 580 s 2; 1981 c 
 290 s 1-3; 1982 c 553 s 2; 1983 c 278 s 3-5; 1984 c 654 art 5 s 
 58; 1986 c 444; 1988 c 514 s 1,2; 1988 c 689 art 2 s 211-214; 
 1989 c 282 art 2 s 160; 1990 c 426 art 2 s 1; 1991 c 292 art 3 s 
 19; 1992 c 464 art 1 s 55; 1992 c 557 s 2; 1993 c 291 s 2-6; 
 1Sp1993 c 6 s 16; 1994 c 598 s 3; 1996 c 416 s 3-5; 1997 c 86 s 
 1,2; 1997 c 107 s 14; 1997 c 239 art 6 s 3-7; 1998 c 406 art 1 s 
 11,37; 1998 c 407 art 9 s 11 

     257.0711 Concurrent permanency planning. 

    Subdivision 1.    Program; goals.  (a) The commissioner 
 of human services shall establish a program for concurrent 
 permanency planning for child protection services.  

    (b) Concurrent permanency planning involves a planning 
 process for children who are placed out of the home of their 
 parents pursuant to a court order, or who have been voluntarily 
 placed out of the home by the parents for 60 days or more and 
 who are not developmentally disabled or emotionally handicapped 
 under section 257.071, subdivision 4.  The local social service 
 agency shall develop an alternative permanency plan while making 
 reasonable efforts for reunification of the child with the 
 family, if required by section 260.012.  The goals of concurrent 
 permanency planning are to: 

    (1) achieve early permanency for children; 

    (2) decrease children's length of stay in foster care and 
 reduce the number of moves children experience in foster care; 
 and 

    (3) develop a group of families who will work towards 
 reunification and also serve as permanent families for children. 

    Subd. 2.    Development of guidelines and protocols.  
 The commissioner shall establish guidelines and protocols for 
 social service agencies involved in concurrent permanency 
 planning, including criteria for conducting concurrent 
 permanency planning based on relevant factors such as: 

    (1) age of the child and duration of out-of-home placement; 

    (2) prognosis for successful reunification with parents; 

    (3) availability of relatives and other concerned 
 individuals to provide support or a permanent placement for the 
 child; and 

    (4) special needs of the child and other factors affecting 
 the child's best interests. 

    In developing the guidelines and protocols, the 
 commissioner shall consult with interest groups within the child 
 protection system, including child protection workers, child 
 protection advocates, county attorneys, law enforcement, 
 community service organizations, the councils of color, and the 
 ombudsperson for families. 

    Subd. 3.    Parental involvement and disclosure.  
 Concurrent permanency planning programs must include involvement 
 of parents and full disclosure of their rights and 
 responsibilities; goals of concurrent permanency planning; 
 support services that are available for families; permanency 
 options; and the consequences of not complying with case plans. 

    Subd. 4.    Technical assistance.  The commissioner of 
 human services shall provide ongoing technical assistance, 
 support, and training for local social service agencies and 
 other individuals and agencies involved in concurrent permanency 
 planning. 

    Subd. 5.    Availability of funding.  The requirements 
 of this section relating to concurrent permanency planning are 
 effective only for state fiscal years when aid is distributed 
 under section 256F.05 for concurrent permanency planning. 

    HIST: 1998 c 406 art 2 s 2 

     257.072 Welfare of children. 

    Subdivision 1.    Recruitment of foster families.  Each 
 authorized child-placing agency shall make special efforts to 
 recruit a foster family from among the child's relatives, except 
 as authorized in section 260.181, subdivision 3.  In recruiting 
 placements for each child, the agency must focus on that child's 
 particular needs and the capacities of the particular 
 prospective foster parents to meet those needs.  Each agency 
 shall provide for diligent recruitment of potential foster 
 families that reflect the ethnic and racial diversity of the 
 children in the state for whom foster homes are needed.  Special 
 efforts include contacting and working with community 
 organizations and religious organizations and may include 
 contracting with these organizations, utilizing local media and 
 other local resources, conducting outreach activities, and 
 increasing the number of minority recruitment staff employed by 
 the agency.  The requirement of special efforts to locate 
 relatives in this section is satisfied on the earlier of the 
 following occasions: 

    (1) when the child is placed with a relative who is 
 interested in providing a permanent placement for the child; or 

    (2) when the responsible child-placing agency has made 
 special efforts for six months following the child's placement 
 in a residential facility and the court approves the agency's 
 efforts pursuant to section 260.191, subdivision 3a.  The agency 
 may accept any gifts, grants, offers of services, and other 
 contributions to use in making special recruitment efforts. 

    Subd. 2.    Duties of commissioner.  The commissioner of 
 human services shall: 

    (1) in cooperation with child-placing agencies, develop a 
 cost-effective campaign using radio and television to recruit 
 adoptive and foster families that reflect the ethnic and racial 
 diversity of children in the state for whom adoptive and foster 
 homes are needed; and 

    (2) require that agency staff people who work in the area 
 of adoption and foster family recruitment participate in 
 cultural competency training. 

    Subd. 3.    Recruitment specialist.  The commissioner 
 shall designate a permanent professional staff position for 
 recruitment of foster and adoptive families.  The recruitment 
 specialist shall provide services to child-placing agencies 
 seeking to recruit adoptive and foster care families and 
 qualified professional staff.  The recruitment specialist shall: 

    (1) develop materials for use by the agencies in training 
 staff; 

    (2) conduct in-service workshops for agency personnel; 

    (3) provide consultation, technical assistance, and other 
 appropriate services to agencies to strengthen and improve 
 service delivery to diverse populations; and 

    (4) conduct workshops for foster care and adoption 
 recruiters to evaluate the effectiveness of techniques for 
 recruiting foster and adoptive families; and 

    (5) perform other duties as assigned by the commissioner to 
 implement the Minnesota Indian Family Preservation Act, sections 
 257.35 to 257.3579. 

    The commissioner may contract for portions of these 
 services. 

    Subd. 4.    Consultation with representatives.  The 
 commissioner of human services, after seeking and considering 
 advice from representatives reflecting diverse populations from 
 the councils established under sections 3.922, 3.9223, 3.9225, 
 and 3.9226, and other state, local, and community organizations 
 shall: 

    (1) review, and where necessary, revise the department of 
 human services social service manual and practice guide to 
 reflect federal and state policy direction on placement of 
 children; 

    (2) develop criteria for determining whether a prospective 
 adoptive or foster family has the ability to understand and 
 validate the child's cultural background; 

    (3) develop a standardized training curriculum for adoption 
 and foster care workers, family-based providers, and 
 administrators who work with children.  Training must address 
 the following objectives: 

    (a) developing and maintaining sensitivity to all cultures; 

    (b) assessing values and their cultural implications; and 

    (c) making individualized decisions that advance the best 
 interests of a particular child under section 257.071, 
 subdivision 1a; 

    (4) develop a training curriculum for family and extended 
 family members of adoptive and foster children.  The curriculum 
 must address issues relating to cross-cultural placements as 
 well as issues that arise after a foster or adoptive placement 
 is made; and 

    (5) develop and provide to agencies an assessment tool to 
 be used in combination with group interviews and other 
 preplacement activities to evaluate prospective adoptive and 
 foster families.  The tool must assess problem-solving skills; 
 identify parenting skills; and evaluate the degree to which the 
 prospective family has the ability to understand and validate 
 the child's cultural background. 

    Subd. 5.    Placement reports.  Beginning December 1, 
 1996, the commissioner shall provide to the Indian affairs 
 council, the council on affairs of Chicano/Latino people, the 
 council on Black Minnesotans, and the council on Asian-Pacific 
 Minnesotans the annual report required under section 257.0725.  

    Subd. 6. Repealed, 1993 c 337 s 20 

    Subd. 7.    Duties of child-placing agencies.  (a) Each 
 authorized child-placing agency must: 

    (1) develop and follow procedures for implementing the 
 requirements of section 260.181, subdivision 3, and the Indian 
 Child Welfare Act, United States Code, title 25, sections 1901 
 to 1923; 

    (2) have a written plan for recruiting adoptive and foster 
 families that reflect the ethnic and racial diversity of 
 children who are in need of foster and adoptive homes.  The plan 
 must include (a) strategies for using existing resources in 
 diverse communities, (b) use of diverse outreach staff wherever 
 possible, (c) use of diverse foster homes for placements after 
 birth and before adoption, and (d) other techniques as 
 appropriate; 

    (3) have a written plan for training adoptive and foster 
 families; 

    (4) have a written plan for employing staff in adoption and 
 foster care who have the capacity to assess the foster and 
 adoptive parents' ability to understand and validate a child's 
 cultural needs, and to advance the best interests of the child.  
 The plan must include staffing goals and objectives; 

    (5) ensure that adoption and foster care workers attend 
 training offered or approved by the department of human services 
 regarding cultural diversity and the needs of special needs 
 children; and 

    (6) develop and implement procedures for implementing the 
 requirements of the Indian Child Welfare Act and the Minnesota 
 Indian Family Preservation Act. 

    (b) In implementing the requirement to consider relatives 
 for placement, an authorized child-placing agency may disclose 
 private or confidential data, as defined in section 13.02, to 
 relatives of the child for the purpose of locating a suitable 
 placement.  The agency shall disclose only data that is 
 necessary to facilitate implementing the preference.  If a 
 parent makes an explicit request that the relative preference 
 not be followed, the agency shall bring the matter to the 
 attention of the court to determine whether the parent's request 
 is consistent with the best interests of the child and the 
 agency shall not contact relatives unless ordered to do so by 
 the juvenile court; and 

    (c) In determining the suitability of a proposed placement 
 of an Indian child, the standards to be applied must be the 
 prevailing social and cultural standards of the Indian child's 
 community, and the agency shall defer to tribal judgment as to 
 suitability of a particular home when the tribe has intervened 
 pursuant to the Indian Child Welfare Act; 

    Subd. 8.    Reporting requirements.  Each authorized 
 child-placing agency shall provide to the commissioner of human 
 services all data needed by the commissioner for the report 
 required by section 257.0725.  The agency shall provide the data 
 within 15 days of the end of the period for which the data is 
 applicable. 

    Subd. 9.    Rules.  The commissioner of human services 
 shall adopt rules to establish standards for conducting relative 
 searches, recruiting foster and adoptive families, evaluating 
 the role of relative status in the reconsideration of 
 disqualifications under section 245A.04, subdivision 3b, and 
 granting variances of licensing requirements under section 
 245A.04, subdivision 9, in licensing or approving an individual 
 related to a child.  

    HIST: 1983 c 278 s 6; 1988 c 689 art 2 s 215; 1991 c 199 art 2 
 s 1; 1992 c 557 s 3; 1993 c 291 s 7-9; 1994 c 598 s 4; 1996 c 
 416 s 6-8; 1997 c 7 art 3 s 6; 1997 c 86 s 3-8; 1997 c 239 art 6 
 s 8 

     257.0725 Annual report. 

    The commissioner of human services shall publish an annual 
 report on children in out-of-home placement.  The report shall 
 include, by county and statewide, information on legal status, 
 living arrangement, age, sex, race, accumulated length of time 
 in placement, reason for most recent placement, race of family 
 with whom placed, and other information deemed appropriate on 
 all children in out-of-home placement.  Out-of-home placement 
 includes placement in any facility by an authorized 
 child-placing agency.  

    HIST: 1988 c 689 art 2 s 216; 1996 c 416 s 9 

     257.075 Grants for support services. 

    The commissioner of human services may make grants to 
 authorized child-placing agencies that provide services to 
 minority children in out-of-home placements.  Support services 
 may include, but are not limited to: 

    (1) development of foster and adoptive placement resources, 
 including recruitment, licensing, and support; 

    (2) advocacy in working with the county and private social 
 service agencies, and activities to help provide access to 
 agency services; 

    (3) family and community involvement strategies to combat 
 child abuse and chronic neglect of children; 

    (4) coordinated child welfare and mental health services to 
 minority families; 

    (5) preadoption, postadoption, and foster care support 
 groups for minority children and prospective adoptive and foster 
 families; 

    (6) the use of minority foster parents as continuing 
 support for children returned to birth homes; 

    (7) information, counseling, and support groups to assist 
 minority children approaching age 18 in setting permanent goals 
 for independent living; 

    (8) minority adolescent support groups for children in 
 long-term foster care, new adoptive placements, and nonminority 
 homes where identity issues threaten the adoptive relationship 
 and adjustment; 

    (9) services listed at section 256F.07; and 

    (10) other activities and services approved by the 
 commissioner that further the goals of the Minority Heritage 
 Preservation Act. 

    HIST: 1988 c 689 art 2 s 217 

     257.0755 Office of ombudsperson; creation; 
  qualifications; function. 

    Subdivision 1.    Creation.  One ombudsperson shall 
 operate independently from but in collaboration with each of the 
 following groups:  the Indian affairs council, the council on 
 affairs of Chicano/Latino people, the council on Black 
 Minnesotans, and the council on Asian-Pacific Minnesotans. 

    Subd. 2.    Selection; qualifications.  The ombudsperson 
 for each community shall be selected by the applicable 
 community-specific board established in section 257.0768.  Each 
 ombudsperson serves in the unclassified service at the pleasure 
 of the community-specific board and may be removed only for just 
 cause.  Each ombudsperson must be selected without regard to 
 political affiliation, and shall be a person highly competent 
 and qualified to analyze questions of law, administration, and 
 public policy regarding the protection and placement of children 
 from families of color.  In addition, the ombudsperson must be 
 experienced in dealing with communities of color and 
 knowledgeable about the needs of those communities.  No 
 individual may serve as ombudsperson while holding any other 
 public office.  

    Subd. 3.    Appropriation.  Money appropriated for each 
 ombudsperson from the general fund or the special fund 
 authorized by section 256.01, subdivision 2, clause (15), is 
 under the control of each ombudsperson for which it is 
 appropriated. 

    HIST: 1991 c 292 art 3 s 20; 1993 c 369 s 77; 1994 c 632 art 4 
 s 62; 1997 c 7 art 3 s 7 

     257.076 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 257.0755 to 257.0768, the following terms shall have the 
 meanings given them in this section. 

    Subd. 2.    Agency.  "Agency" means the divisions, 
 officials, or employees of the state departments of human 
 services and health and local district courts or a designated 
 county social service agency as defined in section 256G.02, 
 subdivision 7, engaged in providing child protection and 
 placement services for children.  "Agency" also means any 
 individual, service, or program providing child protection or 
 placement services in coordination with or under contract to any 
 other entity specified in this subdivision. 

    Subd. 3.    Communities of color.  "Communities of color"
 means the following:  American Indian, Hispanic-Latino, 
 Asian-Pacific, African, and African-American communities. 

    Subd. 4.    Compadrazgo.  "Compadrazgo" is a kinship 
 institution within the Hispanic-Latino community used as a means 
 of parenting and caring for children from birth to adulthood. 

    Subd. 5.    Family of color.  "Family of color" means 
 any family with a child under the age of 18 who is identified by 
 one or both parents or another trusted adult to be of American 
 Indian, Hispanic-Latino, Asian-Pacific, African, or 
 African-American descent. 

    Subd. 6.    Facility.  "Facility" means any entity 
 required to be licensed under chapter 245A. 

    Subd. 7.    Trusted adult.  "Trusted adult" means an 
 individual recognized by the child's parent or legal guardian, 
 the child's community, or both, as speaking for the child's best 
 interest.  The term includes compadrazgo and other individuals 
 with a kinship or community relationship with the child. 

    HIST: 1991 c 292 art 3 s 21 

     257.0761 Organization of office of ombudsperson. 

    Subdivision 1.    Staff; unclassified status; retirement. 
  The ombudsperson for each group specified in section 257.0755 
 may select, appoint, and compensate out of available funds the 
 assistants and employees as deemed necessary to discharge 
 responsibilities.  All employees, except the secretarial and 
 clerical staff, shall serve at the pleasure of the ombudsperson 
 in the unclassified service.  The ombudsperson and full-time 
 staff shall be members of the Minnesota state retirement 
 association.  

    Subd. 2.    Delegation to staff.  The ombudsperson may 
 delegate to staff members any of the ombudsperson's authority or 
 duties except the duty of formally making recommendations to an 
 administrative agency or reports to the office of the governor, 
 or to the legislature.  

    HIST: 1991 c 292 art 3 s 22 

     257.0762 Duties and powers. 

    Subdivision 1.    Duties.  (a) Each ombudsperson shall 
 monitor agency compliance with all laws governing child 
 protection and placement, as they impact on children of color.  
 In particular, the ombudsperson shall monitor agency compliance 
 with sections 256F.07, subdivision 3a; 256F.08; 257.072; 
 257.075; 257.35 to 257.3579; and 260.181, subdivision 3. 

    (b) The ombudsperson shall work with local state courts to 
 ensure that: 

    (1) court officials, public policymakers, and service 
 providers are trained in cultural diversity.  The ombudsperson 
 shall document and monitor court activities in order to heighten 
 awareness of diverse belief systems and family relationships; 

    (2) experts from the appropriate community of color 
 including tribal advocates are used as court advocates and are 
 consulted in placement decisions that involve children of color; 

    (3) guardians ad litem and other individuals from 
 communities of color are recruited, trained, and used in court 
 proceedings to advocate on behalf of children of color; and 

    (4) training programs for bilingual workers are provided. 

    Subd. 2.    Powers.  Each ombudsperson has the authority 
 to investigate decisions, acts, and other matters of an agency, 
 program, or facility providing protection or placement services 
 to children of color.  In carrying out this authority and the 
 duties in subdivision 1, each ombudsperson has the power to: 

    (1) prescribe the methods by which complaints are to be 
 made, reviewed, and acted upon; 

    (2) determine the scope and manner of investigations to be 
 made; 

    (3) investigate, upon a complaint or upon personal 
 initiative, any action of any agency; 

    (4) request and be given access to any information in the 
 possession of any agency deemed necessary for the discharge of 
 responsibilities.  The ombudsperson is authorized to set 
 reasonable deadlines within which an agency must respond to 
 requests for information.  Data obtained from any agency under 
 this clause shall retain the classification which it had under 
 section 13.02 and shall be maintained and disseminated by the 
 ombudsperson according to chapter 13; 

    (5) examine the records and documents of an agency; 

    (6) enter and inspect, during normal business hours, 
 premises within the control of an agency; and 

    (7) subpoena any agency personnel to appear, testify, or 
 produce documentary or other evidence which the ombudsperson 
 deems relevant to a matter under inquiry, and may petition the 
 appropriate state court to seek enforcement with the subpoena; 
 provided, however, that any witness at a hearing or before an 
 investigation as herein provided, shall possess the same 
 privileges reserved to such a witness in the courts or under the 
 laws of this state.  The ombudsperson may compel nonagency 
 individuals to testify or produce evidence according to 
 procedures developed by the advisory board. 

    HIST: 1991 c 292 art 3 s 23; 1994 c 632 art 4 s 63 

     257.0763 Matters appropriate for review. 

    (a) In selecting matters for review, an ombudsperson should 
 give particular attention to actions of an agency, facility, or 
 program that: 

    (1) may be contrary to law or rule; 

    (2) may be unreasonable, unfair, oppressive, or 
 inconsistent with a policy or order of an agency, facility, or 
 program; 

    (3) may result in abuse or neglect of a child; 

    (4) may disregard the rights of a child or other individual 
 served by an agency or facility; or 

    (5) may be unclear or inadequately explained, when reasons 
 should have been revealed. 

    (b) An ombudsperson shall, in selecting matters for review, 
 inform other interested agencies in order to avoid duplicating 
 other investigations or regulatory efforts, including activities 
 undertaken by a tribal organization under the authority of 
 sections 257.35 to 257.3579. 

    HIST: 1991 c 292 art 3 s 24 

     257.0764 Complaints. 

    An ombudsperson may receive a complaint from any source 
 concerning an action of an agency, facility, or program.  After 
 completing a review, the ombudsperson shall inform the 
 complainant, agency, facility, or program.  Services to a child 
 shall not be unfavorably altered as a result of an investigation 
 or complaint.  An agency, facility, or program shall not 
 retaliate or take adverse action, as defined in section 626.556, 
 subdivision 4a, paragraph (c), against an individual who, in 
 good faith, makes a complaint or assists in an investigation. 

    HIST: 1991 c 292 art 3 s 25 

     257.0765 Recommendations to agency. 

    (a) If, after reviewing a complaint or conducting an 
 investigation and considering the response of an agency, 
 facility, or program and any other pertinent material, the 
 ombudsperson determines that the complaint has merit or the 
 investigation reveals a problem, the ombudsperson may recommend 
 that the agency, facility, or program: 

    (1) consider the matter further; 

    (2) modify or cancel its actions; 

    (3) alter a rule, order, or internal policy; 

    (4) explain more fully the action in question; or 

    (5) take other action as authorized under section 257.0762. 

    (b) At the ombudsperson's request, the agency, facility, or 
 program shall, within a reasonable time, inform the ombudsperson 
 about the action taken on the recommendation or the reasons for 
 not complying with it. 

    HIST: 1991 c 292 art 3 s 26 

     257.0766 Recommendations and public reports. 

    Subdivision 1.    Specific reports.  An ombudsperson may 
 send conclusions and suggestions concerning any matter reviewed 
 to the governor and shall provide copies of all reports to the 
 advisory board and to the groups specified in section 257.0768, 
 subdivision 1.  Before making public a conclusion or 
 recommendation that expressly or implicitly criticizes an 
 agency, facility, program, or any person, the ombudsperson shall 
 inform the governor and the affected agency, facility, program, 
 or person concerning the conclusion or recommendation.  When 
 sending a conclusion or recommendation to the governor that is 
 adverse to an agency, facility, program, or any person, the 
 ombudsperson shall include any statement of reasonable length 
 made by that agency, facility, program, or person in defense or 
 mitigation of the ombudsperson's conclusion or recommendation. 

    Subd. 2.    General reports.  In addition to whatever 
 conclusions or recommendations the ombudsperson may make to the 
 governor on an ad hoc basis, the ombudsperson shall at the end 
 of each year report to the governor concerning the exercise of 
 the ombudsperson's functions during the preceding year. 

    HIST: 1991 c 292 art 3 s 27 

     257.0767 Civil actions. 

    The ombudsperson and designees are not civilly liable for 
 any action taken under sections 257.0755 to 257.0768 if the 
 action was taken in good faith, was within the scope of the 
 ombudsperson's authority, and did not constitute willful or 
 reckless misconduct. 

    HIST: 1991 c 292 art 3 s 28 

     257.0768 Community-specific boards. 

    Subdivision 1.    Membership.  Four community-specific 
 boards are created.  Each board consists of five members.  The 
 chair of each of the following groups shall appoint the board 
 for the community represented by the group:  the Indian affairs 
 council; the council on affairs of Chicano/Latino people; the 
 council on Black Minnesotans; and the council on Asian-Pacific 
 Minnesotans.  In making appointments, the chair must consult 
 with other members of the council. 

    Subd. 2.    Compensation; chair.  Members do not receive 
 compensation but are entitled to receive reimbursement for 
 reasonable and necessary expenses incurred.  

    Subd. 3.    Meetings.  Each board shall meet regularly 
 at the request of the appointing chair or the ombudsperson. 

    Subd. 4.    Duties.  Each board shall appoint the 
 ombudsperson for its community.  Each board shall advise and 
 assist the ombudsperson for its community in selecting matters 
 for attention; developing policies, plans, and programs to carry 
 out the ombudspersons' functions and powers; establishing 
 protocols for working with the communities of color; developing 
 procedures for the ombudspersons' use of the subpoena power to 
 compel testimony and evidence from nonagency individuals; and 
 making reports and recommendations for changes designed to 
 improve standards of competence, efficiency, justice, and 
 protection of rights.  

    Subd. 5.    Terms, compensation, removal, and expiration. 
  The membership terms, compensation, and removal of members of 
 each board and the filling of membership vacancies are governed 
 by section 15.0575. 

    Subd. 6.    Joint meetings.  The members of the four 
 community-specific boards shall meet jointly at least four times 
 each year to advise the ombudspersons on overall policies, 
 plans, protocols, and programs for the office. 

    HIST: 1986 c 444; 1991 c 292 art 3 s 29; 1994 c 632 art 4 s 
 64; 1997 c 7 art 3 s 8 

     257.0769 Funding for the ombudsperson program. 

    (a) Money is appropriated from the special fund authorized 
 by section 256.01, subdivision 2, clause (15), to the Indian 
 affairs council for the purposes of sections 257.0755 to 
 257.0768. 

    (b) Money is appropriated from the special fund authorized 
 by section 256.01, subdivision 2, clause (15), to the council on 
 affairs of Chicano/Latino people for the purposes of sections 
 257.0755 to 257.0768. 

    (c) Money is appropriated from the special fund authorized 
 by section 256.01, subdivision 2, clause (15), to the Council of 
 Black Minnesotans for the purposes of sections 257.0755 to 
 257.0768. 

    (d) Money is appropriated from the special fund authorized 
 by section 256.01, subdivision 2, clause (15), to the Council on 
 Asian-Pacific Minnesotans for the purposes of sections 257.0755 
 to 257.0768. 

    HIST: 1991 c 292 art 3 s 30; 1997 c 7 art 3 s 9 

  257.08 Repealed, 1953 c 613 s 4 

    257.081 Subdivision 1.  Repealed, 1976 c 243 s 15 

    Subd. 2.  Repealed, 1976 c 243 s 15 

    Subd. 3.  Repealed, 1976 c 243 s 15 

    Subd. 4.  Repealed, 1976 c 243 s 15 

    Subd. 5.  Repealed, 1976 c 243 s 15 

    Subd. 6.  Repealed, 1976 c 243 s 15 

    Subd. 7.  Repealed, 1976 c 243 s 15 

    Subd. 8.  Renumbered 257.082 subdivision 1 

    Subd. 9.  Renumbered 257.082 subd 2 

    Subd. 10.  Repealed, 1976 c 243 s 15 

  257.082 Repealed, 1976 c 243 s 15 

  257.09 Repealed, 1953 c 613 s 10 

  257.091 Repealed, 1976 c 243 s 15 

  257.10 Repealed, 1953 c 613 s 2 

  257.101 Repealed, 1976 c 243 s 15 

  257.102 Repealed, 1976 c 243 s 15 

  257.11 Repealed, 1953 c 613 s 6 

    257.111 Subdivision 1.  Repealed, 1976 c 243 s 15 

    Subd. 2.  Repealed, 1971 c 539 s 8 

    Subd. 3.  Repealed, 1971 c 539 s 8 

    Subd. 4.  Repealed, 1971 c 539 s 8 

    Subd. 5.  Repealed, 1971 c 539 s 8 

    Subd. 6.  Repealed, 1971 c 539 s 8 

  257.12 Repealed, 1953 c 613 s 6 

  257.121 Repealed, 1971 c 539 s 8 

  257.123 Repealed, 1976 c 243 s 15 

  257.124 Repealed, 1976 c 243 s 15 

  257.13 Repealed, 1971 c 539 s 8 

  257.14 Repealed, 1971 c 539 s 8 

  257.15 Repealed, 1971 c 539 s 8 

  257.16 Repealed, 1953 c 613 s 10 

  257.17 Repealed, 1953 c 613 s 10 

     257.175 Duties of commissioner of human services. 

    It shall be the duty of the commissioner of human services 
 to promote the enforcement of all laws for the protection of 
 defective, dependent, neglected, and delinquent children, to 
 cooperate to this end with juvenile courts and all reputable 
 child-helping and child-placing agencies of a public or private 
 character, and to take the initiative in all matters involving 
 the interests of such children where adequate provision therefor 
 has not already been made.  The commissioner may appoint a chief 
 executive officer and such assistants as shall be necessary to 
 carry out the purposes of this section and section 257.33. 

    HIST: (4456) 1917 c 194 s 3; 1965 c 45 s 37; 1980 c 589 s 30; 
 1984 c 654 art 5 s 58 

  257.176 Repealed, 1959 c 480 s 6 

  257.177 Repealed, 1959 c 480 s 6 

  257.18 Repealed, 1971 c 143 s 16 

  257.19 Repealed, 1971 c 143 s 16 

  257.20 Repealed, 1971 c 143 s 16 

  257.21 Repealed, 1971 c 143 s 16 

  257.22 Repealed, 1971 c 143 s 16 

  257.23 Repealed, 1971 c 143 s 16 

  257.24 Repealed, 1971 c 143 s 16 

  257.25 Repealed, 1971 c 143 s 16 

  257.251 Repealed, 1980 c 589 s 38 

  257.252 Repealed, 1980 c 589 s 38 

  257.253 Repealed, 1980 c 589 s 38 

  257.254 Repealed, 1980 c 589 s 38 

  257.255 Repealed, 1980 c 589 s 38 

  257.256 Repealed, 1980 c 589 s 38 

  257.257 Repealed, 1980 c 589 s 38 

  257.258 Repealed, 1980 c 589 s 38 

  257.259 Repealed, 1980 c 589 s 38 

  257.26 Repealed, 1971 c 143 s 16 

  257.261 Repealed, 1980 c 589 s 38 

  257.262 Repealed, 1980 c 589 s 38 

  257.263 Repealed, 1980 c 589 s 38 

  257.264 Repealed, 1980 c 589 s 38 

  257.27 Repealed, 1980 c 589 s 38 

  257.28 Repealed, 1980 c 589 s 38 

  257.29 Repealed, 1980 c 589 s 38 

  257.30 Repealed, 1980 c 589 s 38 

  257.31 Repealed, 1980 c 589 s 38 

  257.32 Repealed, 1980 c 589 s 38 

     257.33 Duties of commissioner of human services. 

    Subdivision 1.    Services to pregnant women.  It shall 
 be the duty of the commissioner of human services to offer 
 appropriate social services to any pregnant woman who is in need 
 of social services under criteria prescribed by rule of the 
 commissioner.  The commissioner shall also offer appropriate 
 social services to the woman and her child after the birth of 
 the child.  

    Subd. 2.    Minor parents and their children.  (a) Every 
 birth to a minor shall be reported by the hospital where the 
 birth occurs, within three working days after the birth.  The 
 hospital shall make the report to the county social services 
 agency in the county in which the minor mother resides and shall 
 notify the minor that the report has been made.  The county 
 social services agency shall contact any minor mother who does 
 not have a case manager who resides in the county and determine 
 whether she has a plan for herself and her child.  The plan must 
 consider: 

    (1) the age of the minor parent; 

    (2) the involvement of the minor's parents or of other 
 adults who provide active, ongoing guidance, support, and 
 supervision; 

    (3) the involvement of the father of the minor's child, 
 including steps being taken to establish paternity, if 
 appropriate; 

    (4) a decision of the minor to keep and raise her child or 
 place the child for adoption; 

    (5) completion of high school or GED; 

    (6) current economic support of the minor parent and child 
 and plans for economic self-sufficiency; 

    (7) parenting skills of the minor parent; 

    (8) living arrangement of the minor parent and child; 

    (9) child care and transportation needed for education, 
 training, or employment; 

    (10) ongoing health care; and 

    (11) other services as needed to address personal or family 
 problems or to facilitate the personal growth and development 
 and economic self-sufficiency of the minor parent and child. 

    (b) If the minor parent does not have a plan for herself 
 and child, the county social services agency shall work with her 
 to develop a plan and shall provide case management services as 
 needed to assure the resources and services are available to 
 meet the plan requirements. 

    (c) If the minor parent refuses to plan for herself and her 
 child or fails, without good cause, to follow through on an 
 agreed upon plan, the county social services agency may file a 
 petition under section 260.131 seeking an order for protective 
 supervision under section 260.191, subdivision 1, clause (a), on 
 the grounds that the minor parent's child is dependent due to 
 the state of immaturity of the minor parent.  A contract with a 
 minor parent under section 256.736, subdivision 11(a)(4) is an 
 "agreed upon plan" for purposes of this section. 

    HIST: (4455) 1917 c 194 s 2; 1980 c 589 s 31; 1981 c 257 s 1; 
 1984 c 654 art 5 s 58; 1987 c 403 art 3 s 44 

     257.34 Declaration of parentage. 

    Subdivision 1.    Acknowledgment by parents.  The mother 
 and father of a child born to a mother who was not married to 
 the child's father when the child was conceived nor when the 
 child was born may, in a writing signed by both of them before a 
 notary public, declare and acknowledge under oath that they are 
 the biological parents of the child.  The declaration may 
 provide that any such child born to the mother at any time 
 before or up to ten months after the date of execution of the 
 declaration is the biological child of the signatories.  
 Execution of the declaration shall: 

    (a) have the same consequences as an acknowledgment by the 
 signatories of parentage of the child for the purposes of 
 sections 62A.041 and 62C.14, subdivision 5a; 

    (b) be conclusive evidence that the signatories are parents 
 of the child for the purposes of sections 176.111, 197.75, and 
 197.752; 

    (c) create a presumption that the signatory is the 
 biological father of the child for the purposes of sections 
 257.51 to 257.74; 

    (d) when timely filed with the division of vital statistics 
 of the Minnesota department of health as provided in section 
 259.51, qualify as an affidavit stating the intention of the 
 signatories to retain parental rights as provided in section 
 259.51 if it contains the information required by section 259.51 
 or rules promulgated thereunder; 

    (e) have the same consequences as a writing declaring 
 paternity of the child for the purposes of section 524.2-109; 
 and 

    (f) be conclusive evidence that the signatories are parents 
 of the child for the purposes of chapter 573. 

    Subd. 2. Repealed, 1987 c 403 art 3 s 98 

    Subd. 3.  The declaration authorized by subdivision 1 shall 
 not affect the rights or duties arising out of a parent-child 
 relationship of any person not a signatory to the declaration 
 claiming to be the parent of the child nor shall the declaration 
 impair any rights of the child arising out of a parent-child 
 relationship against any person not a signatory to the 
 declaration.  

    Subd. 4.    Expiration of authority for declarations.  
 No acknowledgment of parentage shall be entered into on or after 
 August 1, 1995, under this section.  The mother and father of a 
 child born to a mother who was not married to the child's father 
 when the child was conceived nor when the child was born may 
 before, on, or after August 1, 1995, sign a recognition of 
 parentage under section 257.75. 

    HIST: 1980 c 561 s 3; 1981 c 349 s 1; 1983 c 7 s 7; 1983 c 243 
 s 5 subd 7; 1985 c 250 s 23; 1987 c 384 art 2 s 64; 1987 c 403 
 art 3 s 45; 1994 c 631 s 31; 1995 c 257 art 4 s 3 

     257.35 Citation. 

    Sections 257.35 to 257.3579 may be cited as the "Minnesota 
 Indian Family Preservation Act." 

    HIST: 1985 c 111 s 1; 1987 c 403 art 2 s 110 

     257.351 Definitions. 

    Subdivision 1.    Scope.  As used in sections 257.35 to 
 257.3579, the following terms have the meanings given them. 

    Subd. 2.    Administrative review.  "Administrative 
 review" means review under section 257.071. 

    Subd. 3.    Child placement proceeding.  "Child 
 placement proceeding" includes a judicial proceeding which could 
 result in the following: 

    (a) "Adoptive placement" means the permanent placement of 
 an Indian child for adoption, including an action resulting in a 
 final decree of adoption. 

    (b) "Involuntary foster care placement" means an action 
 removing an Indian child from its parents or Indian custodian 
 for temporary placement in a foster home, institution, or the 
 home of a guardian.  The parent or Indian custodian cannot have 
 the child returned upon demand, but parental rights have not 
 been terminated. 

    (c) "Preadoptive placement" means the temporary placement 
 of an Indian child in a foster home or institution after the 
 termination of parental rights, before or instead of adoptive 
 placement. 

    (d) "Termination of parental rights" means an action 
 resulting in the termination of the parent-child relationship 
 under section 260.221. 

    The terms include placements based upon juvenile status 
 offenses, but do not include a placement based upon an act which 
 if committed by an adult would be deemed a crime, or upon an 
 award of custody in a divorce proceeding to one of the parents. 

    Subd. 3a.    Commissioner.  "Commissioner" means the 
 commissioner of human services. 

    Subd. 4.    Demand.  "Demand" means a written and 
 notarized statement signed by a parent or Indian custodian of a 
 child which requests the return of the child who has been 
 voluntarily placed in foster care. 

    Subd. 4a.    Family-based services.  "Family-based 
 services" means intensive family-centered services to families 
 primarily in their own home and for a limited time. 

    Subd. 5.    Indian.  "Indian" means a person who is a 
 member of an Indian tribe or an Alaskan native and a member of a 
 regional corporation as defined in section 7 of the Alaska 
 Native Claims Settlement Act, United States Code, title 43, 
 section 1606. 

    Subd. 6.    Indian child.  "Indian child" means an 
 unmarried person who is under age 18 and is: 

    (1) a member of an Indian tribe; or 

    (2) eligible for membership in an Indian tribe. 

    Subd. 7.    Indian child's tribe.  "Indian child's tribe"
 means the Indian tribe in which an Indian child is a member or 
 eligible for membership.  In the case of an Indian child who is 
 a member of or eligible for membership in more than one tribe, 
 the Indian child's tribe is the tribe with which the Indian 
 child has the most significant contacts.  If that tribe does not 
 express an interest in the outcome of the actions taken under 
 sections 257.35 to 257.3579 with respect to the child, any other 
 tribe in which the child is eligible for membership that 
 expresses an interest in the outcome may act as the Indian 
 child's tribe. 

    Subd. 8.    Indian custodian.  "Indian custodian" means 
 an Indian person who has legal custody of an Indian child under 
 tribal law or custom or under state law, or to whom temporary 
 physical care, custody, and control has been transferred by the 
 parent of the child. 

    Subd. 8a.    Indian organization.  "Indian organization" 
 means an organization providing child welfare services that is 
 legally incorporated as a nonprofit organization, is registered 
 with the secretary of state, and is governed by a board of 
 directors having at least a majority of Indian directors.  

    Subd. 9.    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 band under the Alaska Native Claims 
 Settlement Act, United States Code, title 43, section 1602, and 
 exercising tribal governmental powers. 

    Subd. 10.    Local social service agency.  "Local social 
 service agency" means the local agency under the authority of 
 the county welfare or human services board or county board of 
 commissioners which is responsible for human services. 

    Subd. 11.    Parent.  "Parent" means the biological 
 parent of an Indian child, or any Indian person who has lawfully 
 adopted an Indian child, including a person who has adopted a 
 child by tribal law or custom.  It does not include an unmarried 
 father whose paternity has not been acknowledged or established. 

    Subd. 11a.    Permanency planning.  "Permanency planning"
 means the systematic process of carrying out, within a short 
 time, a set of goal-oriented activities designed to help 
 children live in families that offer continuity of relationships 
 with nurturing parents or caretakers, and the opportunity to 
 establish lifetime relationships. 

    Subd. 11b.    Placement prevention and family 
 reunification services.  "Placement prevention and family 
 reunification services" means services designed to help children 
 remain with their families or to reunite children with their 
 parents. 

    Subd. 12.    Private child-placing agency.  "Private 
 child-placing agency" means a private organization, association, 
 or corporation providing assistance to children and parents in 
 their own homes and placing children in foster care or for 
 adoption. 

    Subd. 13.    Reservation.  "Reservation" means Indian 
 country as defined in United States Code, title 18, section 1151 
 and any lands which are either held by the United States in 
 trust for the benefit of an Indian tribe or individual, or held 
 by an Indian tribe or individual subject to a restriction by the 
 United States against alienation. 

    Subd. 14.    Secretary.  "Secretary" means the secretary 
 of the United States Department of the Interior. 

    Subd. 15.    Tribal court.  "Tribal court" means a court 
 with federally recognized jurisdiction over child custody 
 proceedings which is either a court of Indian offenses, or a 
 court established and operated under the code or custom of an 
 Indian tribe, or the administrative body of a tribe which is 
 vested with authority over child custody proceedings.  Except as 
 provided in section 257.354, subdivision 5, nothing in this 
 chapter shall be construed as conferring jurisdiction on an 
 Indian tribe. 

    Subd. 16.    Tribal social service agency.  "Tribal 
 social service agency" means the unit under authority of the 
 governing body of the Indian tribe which is responsible for 
 human services. 

    Subd. 17.    Voluntary foster care placement.  
 "Voluntary foster care placement" means a decision in which 
 there has been participation by a local social service agency or 
 private child-placing agency resulting in the temporary 
 placement of an Indian child away from the home of the child's 
 parents or Indian custodian in a foster home, institution, or 
 the home of a guardian, and the parent or Indian custodian may 
 have the child returned upon demand. 

    HIST: 1985 c 111 s 2; 1986 c 444; 1987 c 403 art 2 s 111-116; 
 1991 c 199 art 2 s 1 

     257.352 Social service agency and private licensed 
  child-placing agency notice to tribes. 

    Subdivision 1.    Determination of Indian child's tribe. 
  The local social service agency or private licensed 
 child-placing agency shall determine whether a child brought to 
 its attention for the purposes described in this section is an 
 Indian child and the identity of the Indian child's tribe. 

    Subd. 2.    Agency notice of potential out-of-home 
 placement.  When a local social service agency or private 
 child-placing agency determines that an Indian child is in a 
 dependent or other condition that could lead to an out-of-home 
 placement and requires the continued involvement of the agency 
 with the child for a period in excess of 30 days, the agency 
 shall send notice of the condition and of the initial steps 
 taken to remedy it to the Indian child's tribal social service 
 agency within seven days of the determination.  At this and any 
 subsequent stage of its involvement with an Indian child, the 
 agency shall, upon request, give the tribal social service 
 agency full cooperation including access to all files concerning 
 the child.  If the files contain confidential or private data, 
 the agency may require execution of an agreement with the tribal 
 social service agency that the tribal social service agency 
 shall maintain the data according to statutory provisions 
 applicable to the data.  This subdivision applies whenever the 
 court transfers legal custody of an Indian child under section 
 260.185, subdivision 1, paragraph (c), clause (1), (2), or (3) 
 following an adjudication for a misdemeanor-level delinquent act.

    Subd. 3.    Notice of potential preadoptive or adoptive 
 placement.  In any voluntary adoptive or preadoptive placement 
 proceeding in which a local social service agency, private 
 child-placing agency, petitioner in the adoption, or any other 
 party has reason to believe that a child who is the subject of 
 an adoptive or preadoptive placement proceeding is or may be an 
 "Indian child," as defined in section 257.351, subdivision 6, 
 and United States Code, title 25, section 1903(4), the agency or 
 person shall notify the Indian child's tribal social service 
 agency by registered mail with return receipt requested of the 
 pending proceeding and of the right of intervention under 
 subdivision 3c.  If the identity or location of the child's 
 tribe cannot be determined, the notice must be given to the 
 United States secretary of interior in like manner, who will 
 have 15 days after receipt of the notice to provide the 
 requisite notice to the tribe.  No preadoptive or adoptive 
 placement proceeding may be held until at least ten days after 
 receipt of the notice by the tribe or secretary.  Upon request, 
 the tribe must be granted up to 20 additional days to prepare 
 for the proceeding.  The agency or notifying party shall include 
 in the notice the identity of the birth parents and child absent 
 written objection by the birth parents.  The private 
 child-placing agency shall inform the birth parents of the 
 Indian child of any services available to the Indian child 
 through the child's tribal social service agency, including 
 child placement services, and shall additionally provide the 
 birth parents of the Indian child with all information sent from 
 the tribal social service agency in response to the notice. 

    Subd. 3a.    Unknown father.  If the local social 
 service agency, private child-placing agency, the court, 
 petitioner, or any other party has reason to believe that a 
 child who is the subject of an adoptive placement proceeding is 
 or may be an Indian child but the father of the child is unknown 
 and has not registered with the fathers' adoption registry 
 pursuant to section 259.52, the agency or person shall provide 
 to the tribe believed to be the Indian child's tribe information 
 sufficient to enable the tribe to determine the child's 
 eligibility for membership in the tribe, including, but not 
 limited to, the legal and maiden name of the birth mother, her 
 date of birth, the names and dates of birth of her parents and 
 grandparents, and, if available, information pertaining to the 
 possible identity, tribal affiliation, or location of the birth 
 father. 

    Subd. 3b.    Proof of service of notice upon tribe or 
 secretary.  In cases where an agency or party to an adoptive 
 placement knows or has reason to believe that a child is or may 
 be an Indian child, proof of service upon the child's tribe or 
 the secretary of interior must be filed with the adoption 
 petition. 

    Subd. 3c.    Indian tribe's right of intervention.  In 
 any state court proceeding for the voluntary adoptive or 
 preadoptive placement of an Indian child, the Indian child's 
 tribe shall have a right to intervene at any point in the 
 proceeding. 

    Subd. 4.    Identification of extended family members.  
 Any agency considering placement of an Indian child shall make 
 reasonable efforts to identify and locate extended family 
 members. 

    HIST: 1985 c 111 s 3; 1991 c 292 art 3 s 31; 1997 c 218 s 2-5; 
 1998 c 382 art 2 s 2 

     257.353 Voluntary foster care placement. 

    Subdivision 1.    Determination of Indian child's tribe. 
  The local social service agency or private licensed 
 child-placing agency shall determine whether a child brought to 
 its attention for the purposes described in this section is an 
 Indian child and the identity of the Indian child's tribe. 

    Subd. 2.    Notice.  When an Indian child is voluntarily 
 placed in foster care, the local social service agency involved 
 in the decision to place the child shall give notice of the 
 placement to the child's parents, tribal social service agency, 
 and the Indian custodian within seven days of placement, 
 excluding weekends and holidays. 

    If a private licensed child-placing agency makes a 
 temporary voluntary foster care placement pending a decision on 
 adoption by a parent, notice of the placement shall be given to 
 the child's parents, tribal social service agency, and the 
 Indian custodian upon the filing of a petition for termination 
 of parental rights or three months following the temporary 
 placement, whichever occurs first. 

    At this and any subsequent stage of its involvement with an 
 Indian child, the agency shall, upon request, give the tribal 
 social service agency full cooperation including access to all 
 files concerning the child.  If the files contain confidential 
 or private data, the agency may require execution of an 
 agreement with the tribal social service agency that the tribal 
 social service agency shall maintain the data according to 
 statutory provisions applicable to the data. 

    Subd. 3.    Notice of administrative review.  In an 
 administrative review of a voluntary foster care placement, the 
 tribal social service agency of the child, the Indian custodian, 
 and the parents of the child shall have notice and a right of 
 participation in the review.  

    Subd. 4.    Return of child in voluntary placement.  
 Upon demand by the parent or Indian custodian of an Indian 
 child, the local social service agency or private licensed 
 child-placing agency shall return the child in voluntary foster 
 care placement to the parent or Indian custodian within 24 hours 
 of the receipt of the demand.  If the request for return does 
 not satisfy the requirement of section 257.351, subdivision 4, 
 the local social service agency or private child-placing agency 
 shall immediately inform the parent or Indian custodian of the 
 Indian child of the requirement. 

    Subd. 5.    Identification of extended family members.  
 Any agency considering placement of an Indian child shall make 
 reasonable efforts to identify and locate extended family 
 members. 

    HIST: 1985 c 111 s 4 

     257.354 Child placement proceedings. 

    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 
 within the reservation of such tribe at the commencement of the 
 proceedings.  When an Indian child is in the legal custody of a 
 person or agency pursuant to an order of a tribal court, the 
 Indian tribe retains exclusive jurisdiction, notwithstanding the 
 residence or domicile of the child. 

    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. 

    Subd. 3.    Transfer of proceedings.  In a proceeding 
 for the termination of parental rights or involuntary foster 
 care placement of an Indian child not within the jurisdiction of 
 subdivision 1, the court, in the absence of good cause to the 
 contrary, shall transfer the proceeding to the jurisdiction of 
 the tribe absent objection by either parent, upon the petition 
 of either parent or the Indian custodian or the Indian child's 
 tribe.  The transfer shall be subject to declination by the 
 tribal court of such tribe. 

    Subd. 4.    Effect of tribal court placement orders.  To 
 the extent that any child subject to sections 257.35 to 257.3579 
 is otherwise eligible for social services, orders of a tribal 
 court concerning placement of such child shall have the same 
 force and effect as orders of a court of this state.  In any 
 case where the tribal court orders placement through a local 
 social service agency, the court shall provide to the local 
 agency notice and an opportunity to be heard regarding the 
 placement.  Determination of county of financial responsibility 
 for the placement shall be determined by the local social 
 service agency in accordance with section 256G.02, subdivision 
 4.  Disputes concerning the county of financial responsibility 
 shall be settled in the manner prescribed in section 256G.09. 

    Subd. 5.  The commissioner is hereby authorized to enter 
 into agreements with Indian tribes pursuant to United States 
 Code, title 25, section 1919, respecting care and custody of 
 Indian children and jurisdiction over child custody proceedings, 
 including agreements which may provide for orderly transfer of 
 jurisdiction on a case-by-case basis and agreements which 
 provide for concurrent jurisdiction between the state and an 
 Indian tribe.  

    HIST: 1985 c 111 s 5; 1987 c 403 art 2 s 117,118; 1989 c 209 
 art 2 s 29; 1990 c 426 art 2 s 1 

     257.355 Placement records. 

    The commissioner of human services shall publish annually 
 an inventory of all Indian children in residential facilities. 
 The inventory shall include, by county and statewide, 
 information on legal status, living arrangement, age, sex, tribe 
 in which the child is a member or eligible for membership, 
 accumulated length of time in foster care, and other demographic 
 information deemed appropriate concerning all Indian children in 
 residential facilities.  The report must also state the extent 
 to which authorized child-placing agencies comply with the order 
 of preference described in United States Code, title 25, section 
 1901, et seq. 

    HIST: 1985 c 111 s 6 

     257.356 Records; information availability. 

    Subdivision 1.    Court decree information.  A state 
 court entering a final decree or order in an Indian child 
 adoptive placement shall provide the department of human 
 services and the child's tribal social service agency with a 
 copy of the decree or order together with such other information 
 to show: 

    (1) the name and tribal affiliation of the child; 

    (2) the names and addresses of the biological parents; 

    (3) the names and addresses of the adoptive parents; and 

    (4) the identity of any agency having files or information 
 relating to the adoptive placement. 

    If the court records contain an affidavit of the biological 
 or adoptive parent or parents requesting anonymity, the court 
 shall delete the name and address of the biological or adoptive 
 parents from the information sent to the child's tribal social 
 service agency. 

    Subd. 2.    Disclosure of records.  Upon the request of 
 an adopted Indian person over the age of 18, the adoptive or 
 foster parents of an Indian person, or an Indian tribal social 
 service agency, the department of human services shall disclose 
 to the Indian person's tribe information necessary for 
 membership of an Indian person in the tribe in which the person 
 may be eligible for membership or for determining any rights or 
 benefits associated with that membership.  When the documents 
 relating to the person contain an affidavit from the biological 
 or adoptive parent or parents requesting anonymity, the 
 department must use the procedures described in United States 
 Code, title 25, section 1951, paragraph (b). 

    HIST: 1985 c 111 s 7 

  257.357 Repealed, 1989 c 155 s 5 

     257.3571 Indian child welfare grants. 

    Subdivision 1.    Primary support grants.  The 
 commissioner shall establish direct grants to Indian tribes, 
 Indian organizations, and tribal social service agency programs 
 located off-reservation that serve Indian children and their 
 families to provide primary support for Indian child welfare 
 programs to implement the Indian Family Preservation Act.  

    Subd. 2.    Special focus grants.  The commissioner 
 shall establish direct grants to local social service agencies, 
 tribes, Indian organizations, and other organizations for 
 placement prevention and family reunification services for 
 Indian children.  

    Subd. 2a.    Compliance grants.  The commissioner shall 
 establish direct grants to an Indian child welfare defense 
 corporation, as defined in section 611.216, subdivision 1a, to 
 promote statewide compliance with the Indian Family Preservation 
 Act and the Indian Child Welfare Act, United States Code, title 
 25, section 1901 et seq.  The commissioner shall give priority 
 consideration to applicants with demonstrated capability of 
 providing legal advocacy services statewide. 

    Subd. 3.    Request for proposals.  The commissioner 
 shall request proposals for grants under subdivisions 1, 2, and 
 2a, and specify the information and criteria required. 

    HIST: 1987 c 403 art 2 s 119; 1994 c 576 s 5,6; 1995 c 207 art 
 4 s 39 

     257.3572 Grant applications. 

    A tribe, Indian organization, or tribal social service 
 agency program located off-reservation may apply for primary 
 support grants under section 257.3571, subdivision 1.  A local 
 social service agency, tribe, Indian organization, or other 
 social service organization may apply for special focus grants 
 under section 257.3571, subdivision 2.  Civil legal service 
 organizations eligible for grants under section 257.3571, 
 subdivision 2a, may apply for grants under that section.  
 Application may be made alone or in combination with other 
 tribes or Indian organizations. 

    HIST: 1987 c 403 art 2 s 120; 1994 c 576 s 7; 1995 c 207 art 4 
 s 40 

     257.3573 Eligible services. 

    Subdivision 1.    Types of services.  (a) Eligible 
 Indian child welfare services provided under primary support 
 grants include: 

    (1) placement prevention and reunification services; 

    (2) family-based services; 

    (3) individual and family counseling; 

    (4) access to professional individual, group, and family 
 counseling; 

    (5) crisis intervention and crisis counseling; 

    (6) development of foster and adoptive placement resources, 
 including recruitment, licensing, and support; 

    (7) court advocacy; 

    (8) training and consultation to county and private social 
 service agencies regarding the Indian Child Welfare Act and the 
 Minnesota Indian Family Preservation Act; 

    (9) advocacy in working with the county and private social 
 service agencies, and activities to help provide access to 
 agency services, including but not limited to 24-hour caretaker 
 and homemaker services, day care, emergency shelter care up to 
 30 days in 12 months, access to emergency financial assistance, 
 and arrangements to provide temporary respite care to a family 
 for up to 72 hours consecutively or 30 days in 12 months; 

    (10) transportation services to the child and parents to 
 prevent placement or reunite the family; and 

    (11) other activities and services approved by the 
 commissioner that further the goals of the Indian Child Welfare 
 Act and the Indian Family Preservation Act, including but not 
 limited to recruitment of Indian staff for local social service 
 agencies and licensed child-placing agencies.  The commissioner 
 may specify the priority of an activity and service based on its 
 success in furthering these goals. 

    (b) Eligible services provided under special focus grants 
 include; 

    (1) permanency planning activities that meet the special 
 needs of Indian families; 

    (2) teenage pregnancy; 

    (3) independent living skills; 

    (4) family and community involvement strategies to combat 
 child abuse and chronic neglect of children; 

    (5) coordinated child welfare and mental health services to 
 Indian families; 

    (6) innovative approaches to assist Indian youth to 
 establish better self-image, decrease isolation, and decrease 
 the suicide rate; 

    (7) expanding or improving services by packaging and 
 disseminating information on successful approaches or by 
 implementing models in Indian communities relating to the 
 development or enhancement of social structures that increase 
 family self-reliance and links with existing community 
 resources; 

    (8) family retrieval services to help adopted individuals 
 reestablish legal affiliation with the Indian tribe; and 

    (9) other activities and services approved by the 
 commissioner that further the goals of the Indian Child Welfare 
 Act and the Indian Family Preservation Act.  The commissioner 
 may specify the priority of an activity and service based on its 
 success in furthering these goals. 

    (c) The commissioner shall give preference to programs that 
 use Indian staff, contract with Indian organizations or tribes, 
 or whose application is a joint effort between the Indian and 
 non-Indian community to achieve the goals of the Indian Child 
 Welfare Act and the Minnesota Indian Family Preservation Act.  
 Programs must have input and support from the Indian community. 

    Subd. 2.    Inappropriate expenditures.  Indian child 
 welfare grant money must not be used for: 

    (1) child day care necessary solely because of employment 
 or training for employment of a parent or other relative with 
 whom the child is living; 

    (2) foster care maintenance or difficulty of care payments; 

    (3) residential facility payments; 

    (4) adoption assistance payments; 

    (5) public assistance payments for aid to families with 
 dependent children, Minnesota family investment 
 program-statewide, supplemental aid, medical assistance, general 
 assistance, general assistance medical care, or community health 
 services authorized by sections 145A.01 to 145A.14; or 

    (6) administrative costs for income maintenance staff.  

    Subd. 3.    Revenue enhancement.  The commissioner shall 
 submit claims for federal reimbursement earned through the 
 activities and services supported through Indian child welfare 
 grants.  The commissioner may set aside a portion of the federal 
 funds earned under this subdivision to establish and support a 
 new Indian child welfare position in the department of human 
 services to provide program development.  The commissioner shall 
 use any federal revenue not set aside to expand services under 
 section 257.3571.  The federal revenue earned under this 
 subdivision is available for these purposes until the funds are 
 expended. 

    HIST: 1987 c 403 art 2 s 121; 1991 c 199 art 2 s 1; 1Sp1993 c 
 1 art 3 s 30; 1997 c 85 art 4 s 22 

     257.3574 Continued legal responsibility of local social 
  service agencies. 

    The legal responsibility of local social service agencies 
 to provide Indian child welfare services continues, and existing 
 services must not be reduced because of the availability of 
 these funds.  

    HIST: 1987 c 403 art 2 s 122 

     257.3575 Payments; required reports. 

    Subdivision 1.    Payments.  The commissioner shall make 
 grant payments to each approved program in four quarterly 
 installments a year.  The commissioner may certify an advance 
 payment for the first quarter of the state fiscal year.  Later 
 payments must be made upon receipt by the state of a quarterly 
 report on finances and program activities. 

    Subd. 2.    Quarterly report.  The commissioner shall 
 specify requirements for reports, including quarterly fiscal 
 reports, according to section 256.01, subdivision 2, paragraph 
 (17).  Each quarter, an approved program receiving an Indian 
 child welfare grant shall submit a report to the commissioner 
 that includes: 

    (1) a detailed accounting of grant money expended during 
 the preceding quarter, specifying expenditures by line item and 
 year to date; and 

    (2) a description of Indian child welfare activities 
 conducted during the preceding quarter, including the number of 
 clients served and the type of services provided.  

    The quarterly reports must be submitted no later than 30 
 days after the end of each quarter of the state fiscal year. 

    Subd. 3.    Final report.  A final evaluation report 
 must be submitted by each approved program.  It must include 
 client outcomes, cost and effectiveness in meeting the goals of 
 the Indian Family Preservation Act and permanency planning goals.

    HIST: 1987 c 403 art 2 s 123; 1989 c 89 s 23 

     257.3576 Monitoring and evaluation. 

    The commissioner shall design and implement methods for 
 monitoring the delivery and evaluating the effectiveness of 
 Indian child welfare services funded through these grants. 

    HIST: 1987 c 403 art 2 s 124 

     257.3577 Grant formula. 

    Subdivision 1.    Primary support grants.  (a) The 
 amount available for grants established under section 257.3571, 
 subdivision 1, to tribes, Indian organizations, and tribal 
 social service agency programs located off-reservation is 
 four-fifths of the total annual appropriation for Indian child 
 welfare grants.  

    (b) The commissioner shall award tribes at least 70 percent 
 of the amount set in paragraph (a) for primary support grants.  
 Each tribe shall be awarded a base amount of five percent of the 
 total amount set in this paragraph.  In addition, each tribe 
 shall be allocated a proportion of the balance of the amount set 
 in this paragraph, less the total base amounts for all 
 reservations.  This proportion must equal the ratio of the 
 tribe's on-reservation population to the state's total 
 on-reservation population.  Population data must be based on the 
 most recent federal census data according to the state 
 demographer's office. 

    (c) The commissioner shall award Indian organizations and 
 tribal social service agency programs located off-reservation 
 that serve Indian children and families up to 30 percent of the 
 amount set in paragraph (a) for primary support grants.  A 
 maximum of four multiservice Indian organizations and tribal 
 social service agency programs located off-reservation may be 
 awarded grants under this paragraph.  "Multiservice Indian 
 organizations" means Indian organizations recognized by the 
 Indian community as providing a broad continuum of social, 
 educational, or cultural services, including Indian child 
 welfare services designed to meet the unique needs of the Indian 
 communities in Minneapolis, St. Paul, and Duluth.  Grants may be 
 awarded to programs that submit acceptable proposals, comply 
 with the goals and the application process of the program, and 
 have budgets that reflect appropriate and efficient use of funds.
 To maintain continuity of service in Indian communities, primary 
 support grants awarded under this paragraph which meet the grant 
 criteria and have demonstrated satisfactory performance as 
 established by the commissioner may be awarded on a 
 noncompetitive basis.  The commissioner may revoke or deny 
 funding for Indian organizations or tribal social service 
 agencies failing to meet the grant criteria established by the 
 commissioner, and the commissioner may request new proposals 
 from Indian organizations or tribal social service agencies to 
 the extent that funding is available. 

    Subd. 2.    Special focus grants.  The amount available 
 for grants established under section 257.3571, subdivision 2, 
 for local social service agencies, tribes, Indian organizations, 
 and other social services organizations is one-fifth of the 
 total annual appropriation for Indian child welfare grants.  The 
 maximum award under this subdivision is $100,000 a year for 
 programs approved by the commissioner. 

    HIST: 1987 c 403 art 2 s 125; 1995 c 207 art 4 s 41 

     257.3578 Undistributed funds. 

    Undistributed funds must be reallocated by the department 
 of human services to any other grant categories established 
 under section 257.3571, subdivision 1 or 2, for the goals of 
 this grant process.  Undistributed funds are available until 
 expended. 

    HIST: 1987 c 403 art 2 s 126 

     257.3579 American Indian child welfare advisory council. 

    The commissioner shall appoint an American Indian advisory 
 council to help formulate policies and procedures relating to 
 Indian child welfare services and to make recommendations 
 regarding approval of grants provided under section 257.3571, 
 subdivisions 1, 2, and 2a.  The council shall consist of 17 
 members appointed by the commissioner and must include 
 representatives of each of the 11 Minnesota reservations who are 
 authorized by tribal resolution, one representative from the 
 Duluth Urban Indian Community, three representatives from the 
 Minneapolis Urban Indian Community, and two representatives from 
 the St. Paul Urban Indian Community.  Representatives from the 
 urban Indian communities must be selected through an open 
 appointments process under section 15.0597.  The terms, 
 compensation, and removal of American Indian child welfare 
 advisory council members shall be as provided in section 15.059. 

    HIST: 1987 c 403 art 2 s 127; 1992 c 515 s 1; 1994 c 576 s 8 

*   NOTE:  See section 15.059, subdivision 5a, for expiration 
*of council.

     257.40 Interstate Compact on the Placement of Children.  

    The Interstate Compact on the Placement of Children is 
 hereby enacted into law and entered into with all other 
 jurisdictions legally joining therein in form substantially as 
 follows: 

                            ARTICLE 1 
                        Purpose and Policy 

    It is the purpose and policy of the party states to 
 cooperate with each other in the interstate placement of 
 children to the end that: 

    (a) Each child requiring placement shall receive the 
 maximum opportunity to be placed in a suitable environment and 
 with persons or institutions having appropriate qualifications 
 and facilities to provide a necessary and desirable degree and 
 type of care.  

    (b) The appropriate authorities in a state where a child is 
 to be placed may have full opportunity to ascertain the 
 circumstances of the proposed placement, thereby promoting full 
 compliance with applicable requirements for the protection of 
 the child.  

    (c) The proper authorities of the state from which the 
 placement is made may obtain the most complete information on 
 the basis on which to evaluate a projected placement before it 
 is made.  

    (d) Appropriate jurisdictional arrangements for the care of 
 children will be promoted.  

                            ARTICLE 2 
                           Definitions 

    As used in this compact: 

    (a) "Child" means a person who, by reason of minority, is 
 legally subject to parental, guardianship or similar control.  

    (b) "Sending agency" means a party state, officer or 
 employee thereof; a subdivision of a party state, or officer or 
 employee thereof; a court of a party state; a person, 
 corporation, association, charitable agency or other entity 
 which sends, brings, or causes to be sent or brought any child 
 to another party state.  

    (c) "Receiving state" means the state to which a child is 
 sent, brought, or caused to be sent or brought, whether by 
 public authorities or private persons or agencies, and whether 
 for placement with state or local public authorities or for 
 placement with private agencies or persons.  

    (d) "Placement" means the arrangement for the care of a 
 child in a family free or boarding home or in a child-caring 
 agency or institution but does not include any institution 
 caring for the mentally ill, mentally defective or persons 
 having epilepsy or any institution primarily educational in 
 character, and any hospital or other medical facility.  

                            ARTICLE 3 
                     Conditions for Placement 

    (a) No sending agency shall send, bring, or cause to be 
 sent or brought into any other party state any child for 
 placement in foster care or as a preliminary to a possible 
 adoption unless the sending agency shall comply with each and 
 every requirement set forth in this article and with the 
 applicable laws of the receiving state governing the placement 
 of children therein.  

    (b) Prior to sending, bringing or causing any child to be 
 sent or brought into a receiving state for placement in foster 
 care or as a preliminary to a possible adoption, the sending 
 agency shall furnish the appropriate public authorities in the 
 receiving state written notice of the intention to send, bring, 
 or place the child in the receiving state.  The notice shall 
 contain: 

    (1) The name, date and place of birth of the child.  

    (2) The identity and address or addresses of the parents or 
 legal guardian.  

    (3) The name and address of the person, agency or 
 institution to or with which the sending agency proposes to 
 send, bring, or place the child.  

    (4) A full statement of the reasons for such proposed 
 action and evidence of the authority pursuant to which the 
 placement is proposed to be made.  

    (c) Any public officer or agency in a receiving state which 
 is in receipt of a notice pursuant to paragraph (b) of this 
 article may request of the sending agency, or any other 
 appropriate officer or agency of or in the sending agency's 
 state, and shall be entitled to receive therefrom, such 
 supporting or additional information as it may deem necessary 
 under the circumstances to carry out the purpose and policy of 
 this compact.  

    (d) The child shall not be sent, brought, or caused to be 
 sent or brought into the receiving state until the appropriate 
 public authorities in the receiving state shall notify the 
 sending agency, in writing, to the effect that the proposed 
 placement does not appear to be contrary to the interests of the 
 child.  

                            ARTICLE 4 
                  Penalty for Illegal Placement 

    The sending, bringing, or causing to be sent or brought 
 into any receiving state of a child in violation of the terms of 
 this compact shall constitute a violation of the laws respecting 
 the placement of children of both the state in which the sending 
 agency is located or from which it sends or brings the child and 
 of the receiving state.  Such violation may be punished or 
 subjected to penalty in either jurisdiction in accordance with 
 its laws.  In addition to liability for any such punishment or 
 penalty, any such violation shall constitute full and sufficient 
 grounds for the suspension or revocation of any license, permit, 
 or other legal authorization held by the sending agency which 
 empowers or allows it to place, or care for children.  

                            ARTICLE 5 
                    Retention of Jurisdiction 

    (a) The sending agency shall retain jurisdiction over the 
 child sufficient to determine all matters in relation to the 
 custody, supervision, care, treatment and disposition of the 
 child which it would have had if the child had remained in the 
 sending agency's state, until the child is adopted, reaches 
 majority, becomes self-supporting or is discharged with the 
 concurrence of the appropriate authority in the receiving 
 state.  Such jurisdiction shall also include the power to effect 
 or cause the return of the child or its transfer to another 
 location and custody pursuant to law.  The sending agency shall 
 continue to have financial responsibility for support and 
 maintenance of the child during the period of the placement.  
 Nothing contained herein shall defeat a claim of jurisdiction by 
 a receiving state sufficient to deal with an act of delinquency 
 or crime committed therein.  

    (b) When the sending agency is a public agency, it may 
 enter into an agreement with an authorized public or private 
 agency in the receiving state providing for the performance of 
 one or more services in respect of such case by the latter as 
 agent for the sending agency.  

    (c) Nothing in this compact shall be construed to prevent a 
 private charitable agency authorized to place children in the 
 receiving state from performing services or acting as agent in 
 that state for a private charitable agency of the sending state; 
 nor to prevent the agency in the receiving state from 
 discharging financial responsibility for the support and 
 maintenance of a child who has been placed on behalf of the 
 sending agency without relieving the responsibility set forth in 
 paragraph (a) hereof.  

                            ARTICLE 6 
            Institutional Care of Delinquent Children 

    A child adjudicated delinquent may be placed in an 
 institution in another party jurisdiction pursuant to this 
 compact but no such placement shall be made unless the child is 
 given a court hearing on notice to the parent or guardian with 
 opportunity to be heard, prior to his being sent to such other 
 party jurisdiction for institutional care and the court finds 
 that: 

    1.  Equivalent facilities for the child are not available 
 in the sending agency's jurisdiction; and 

    2.  Institutional care in the other jurisdiction is in the 
 best interest of the child and will not produce undue hardship.  

                            ARTICLE 7 
                      Compact Administrator 

    The executive head of each jurisdiction party to this 
 compact shall designate an officer who shall be general 
 coordinator of activities under this compact in his jurisdiction 
 and who, acting jointly with like officers of other party 
 jurisdictions, shall have power to promulgate rules and 
 regulations to carry out more effectively the terms and 
 provisions of this compact.  

                            ARTICLE 8 
                           Limitations 

    This compact shall not apply to: 

    (a) The sending or bringing of a child into a receiving 
 state by his parent, stepparent, grandparent, adult brother or 
 sister, adult uncle or aunt, or his guardian and leaving the 
 child with any such relative or nonagency guardian in the 
 receiving state.  

    (b) Any placement, sending or bringing of a child into a 
 receiving state pursuant to any other interstate compact to 
 which both the state from which the child is sent or brought and 
 the receiving state are party, or to any other agreement between 
 said states which has the force of law.  

                            ARTICLE 9 
                     Enactment and Withdrawal 

    This compact shall be open to joinder by any state, 
 territory or possession of the United States, the District of 
 Columbia, the Commonwealth of Puerto Rico, and, with the consent 
 of Congress, the Government of Canada or any province thereof.  
 It shall become effective with respect to any such jurisdiction 
 when such jurisdiction has enacted the same into law.  
 Withdrawal from this compact shall be by the enactment of a 
 statute repealing the same, but shall not take effect until two 
 years after the effective date of such statute and until written 
 notice of the withdrawal has been given by the withdrawing state 
 to the Governor of each other party jurisdiction.  Withdrawal of 
 a party state shall not affect the rights, duties and 
 obligations under this compact of any sending agency therein 
 with respect to a placement made prior to the effective date of 
 withdrawal.  

                            ARTICLE 10 
                  Construction and Severability 

    The provisions of this compact shall be liberally construed 
 to effectuate the purposes thereof.  The provisions of this 
 compact shall be severable and if any phrase, clause, sentence 
 or provision of this compact is declared to be contrary to the 
 constitution of any party state or of the United States or the 
 applicability thereof to any government, agency, person or 
 circumstance is held invalid, the validity of the remainder of 
 this compact and the applicability thereof to any government, 
 agency, person or circumstance shall not be affected thereby.  
 If this compact shall be held contrary to the constitution of 
 any state party thereto, the compact shall remain in full force 
 and effect as to the remaining states and in full force and 
 effect as to the state affected as to all severable matters.  

    HIST: 1973 c 227 s 1; 1983 c 10 s 1 

     257.41 Financial responsibility. 

    Financial responsibility for any child placed pursuant to 
 the provisions of the Interstate Compact on the Placement of 
 Children shall be determined in accordance with the provisions 
 of article 5 thereof in the first instance.  However, in the 
 event of partial or complete default of performance thereunder, 
 the provisions of sections 518C.101 to 518C.902 also may be 
 invoked. 

    HIST: 1973 c 227 s 2; 1990 c 426 art 1 s 34; 1997 c 7 art 1 s 
 102 

     257.42 Appropriate public authority defined. 

    The "appropriate public authorities" as used in article 3 
 of the Interstate Compact on the Placement of Children shall, 
 with reference to this state, mean the commissioner of human 
 services.  The commissioner of human services or the 
 commissioner's delegate shall receive and act with reference to 
 notices required by said article 3.  

    HIST: 1973 c 227 s 3; 1984 c 654 art 5 s 58; 1998 c 406 art 1 
 s 12,37; 1998 c 407 art 9 s 12 

     257.43 Appropriate authority in receiving state defined. 

    As used in paragraph (a) of article 5 of the Interstate 
 Compact on the Placement of Children, the phrase "appropriate 
 authority in the receiving state" with reference to this state 
 shall mean the commissioner of human services or the 
 commissioner's delegate.  

    HIST: 1973 c 227 s 4; 1984 c 654 art 5 s 58; 1998 c 406 art 1 
 s 13,37; 1998 c 407 art 9 s 13 

     257.44 Agreements.  

    The officers and agencies of this state and its 
 subdivisions having authority to place children are hereby 
 empowered to enter into agreements with appropriate officers or 
 agencies of or in other party states pursuant to paragraph (b) 
 of article 5 of the Interstate Compact on the Placement of 
 Children.  Any such agreement which contains a financial 
 commitment or imposes a financial obligation on this state or 
 subdivision or agency thereof shall not be binding unless it has 
 the approval in writing of the commissioner of human services in 
 the case of the state and of the chief local fiscal officer in 
 the case of a subdivision of the state.  

    HIST: 1973 c 227 s 5; 1984 c 654 art 5 s 58 

     257.45 Requirements for visitation; supervision.  

    Any requirements for visitation, inspection or supervision 
 of children, homes, institutions or other agencies in another 
 party state which may apply under section 257.07 shall be deemed 
 to be met if performed pursuant to an agreement entered into by 
 appropriate officers or agencies of this state or a subdivision 
 thereof as contemplated by paragraph (b) of article 5 of the 
 Interstate Compact on the Placement of Children.  

    HIST: 1973 c 227 s 6 

     257.46 Certain laws not applicable.  

    The provisions of section 257.06 shall not apply to 
 placements made pursuant to the Interstate Compact on the 
 Placement of Children.  

    HIST: 1973 c 227 s 7 

     257.47 Court jurisdiction retained.  

    Any court having jurisdiction to place delinquent children 
 may place such a child in an institution or in another state 
 pursuant to article 6 of the Interstate Compact on the Placement 
 of Children and shall retain jurisdiction as provided in article 
 5 thereof.  

    HIST: 1973 c 227 s 8 

     257.48 Executive head defined.  

    As used in article 7 of the Interstate Compact on the 
 Placement of Children, the term "executive head" means the 
 governor.  The governor is hereby authorized to appoint a 
 compact administrator in accordance with the terms of said 
 article 7.  

    HIST: 1973 c 227 s 9 

     257.51 Citation. 

    Sections 257.51 to 257.74 may be cited as the Parentage Act.

    HIST: 1980 c 589 s 1 

     257.52 Parent and child relationship defined. 

    As used in sections 257.51 to 257.74, "parent and child 
 relationship" means the legal relationship existing between a 
 child and the child's biological or adoptive parents incident to 
 which the law confers or imposes rights, privileges, duties, and 
 obligations.  It includes the mother and child relationship and 
 the father and child relationship.  

    HIST: 1980 c 589 s 2; 1986 c 444; 1987 c 403 art 3 s 96 

     257.53 Relationship not dependent on marriage. 

    The parent and child relationship may exist regardless of 
 the marital status of the parents.  

    HIST: 1980 c 589 s 3 

     257.54 How parent and child relationship established. 

    The parent and child relationship between a child and 

    (a) the biological mother may be established by proof of 
 her having given birth to the child, or under sections 257.51 to 
 257.74 or 257.75; 

    (b) the biological father may be established under sections 
 257.51 to 257.74 or 257.75; or 

    (c) an adoptive parent may be established by proof of 
 adoption.  

    HIST: 1980 c 589 s 4; 1987 c 403 art 3 s 96; 1Sp1993 c 1 art 6 
 s 33 

     257.541 Custody and visitation of children born outside 
  of marriage. 

    Subdivision 1.    Mother's right to custody.  The 
 biological mother of a child born to a mother who was not 
 married to the child's father neither when the child was born 
 nor when the child was conceived has sole custody of the child 
 until paternity has been established under sections 257.51 to 
 257.74, or until custody is determined in a separate proceeding 
 under section 518.156.  

    Subd. 2.    Father's right to visitation and custody.  
 (a) If paternity has been acknowledged under section 257.34 and 
 paternity has been established under sections 257.51 to 257.74, 
 the father's rights of visitation or custody are determined 
 under sections 518.17 and 518.175.  

    (b) If paternity has not been acknowledged under section 
 257.34 and paternity has been established under sections 257.51 
 to 257.74, the biological father may petition for rights of 
 visitation or custody in the paternity proceeding or in a 
 separate proceeding under section 518.156.  

    Subd. 3.    Father's right to visitation and custody; 
 recognition of paternity.  If paternity has been recognized 
 under section 257.75, the father may petition for rights of 
 visitation or custody in an independent action under section 
 518.156.  The proceeding must be treated as an initial 
 determination of custody under section 518.17.  The provisions 
 of chapter 518 apply with respect to the granting of custody and 
 visitation.  These proceedings may not be combined with any 
 proceeding under chapter 518B. 

    HIST: 1983 c 308 s 3; 1987 c 403 art 3 s 96; 1990 c 574 s 3; 
 1Sp1993 c 1 art 6 s 34 

     257.55 Presumption of paternity. 

    Subdivision 1.    Presumption.  A man is presumed to be 
 the biological father of a child if:  

    (a) He and the child's biological mother are or have been 
 married to each other and the child is born during the marriage, 
 or within 280 days after the marriage is terminated by death, 
 annulment, declaration of invalidity, dissolution, or divorce, 
 or after a decree of legal separation is entered by a court.  
 The presumption in this paragraph does not apply if the man has 
 joined in a recognition of parentage recognizing another man as 
 the biological father under section 257.75, subdivision 1a; 

    (b) Before the child's birth, he and the child's biological 
 mother have attempted to marry each other by a marriage 
 solemnized in apparent compliance with law, although the 
 attempted marriage is or could be declared void, voidable, or 
 otherwise invalid, and, 

    (1) if the attempted marriage could be declared invalid 
 only by a court, the child is born during the attempted 
 marriage, or within 280 days after its termination by death, 
 annulment, declaration of invalidity, dissolution or divorce; or 

    (2) if the attempted marriage is invalid without a court 
 order, the child is born within 280 days after the termination 
 of cohabitation; 

    (c) After the child's birth, he and the child's biological 
 mother have married, or attempted to marry, each other by a 
 marriage solemnized in apparent compliance with law, although 
 the attempted marriage is or could be declared void, voidable, 
 or otherwise invalid, and, 

    (1) he has acknowledged his paternity of the child in 
 writing filed with the state registrar of vital statistics; 

    (2) with his consent, he is named as the child's father on 
 the child's birth certificate; or 

    (3) he is obligated to support the child under a written 
 voluntary promise or by court order; 

    (d) While the child is under the age of majority, he 
 receives the child into his home and openly holds out the child 
 as his biological child; 

    (e) He and the child's biological mother acknowledge his 
 paternity of the child in a writing signed by both of them under 
 section 257.34 and filed with the state registrar of vital 
 statistics.  If another man is presumed under this paragraph to 
 be the child's father, acknowledgment may be effected only with 
 the written consent of the presumed father or after the 
 presumption has been rebutted; 

    (f) Evidence of statistical probability of paternity based 
 on blood or genetic testing establishes the likelihood that he 
 is the father of the child, calculated with a prior probability 
 of no more than 0.5 (50 percent), is 99 percent or greater; 

    (g) He and the child's biological mother have executed a 
 recognition of parentage in accordance with section 257.75 and 
 another man is presumed to be the father under this subdivision; 

    (h) He and the child's biological mother have executed a 
 recognition of parentage in accordance with section 257.75 and 
 another man and the child's mother have executed a recognition 
 of parentage in accordance with section 257.75; or 

    (i) He and the child's biological mother executed a 
 recognition of parentage in accordance with section 257.75 when 
 either or both of the signatories were less than 18 years of age.

    Subd. 2.  A presumption under this section may be rebutted 
 in an appropriate action only by clear and convincing evidence.  
 If two or more presumptions arise which conflict with each 
 other, the presumption which on the facts is founded on the 
 weightier considerations of policy and logic controls.  The 
 presumption is rebutted by a court decree establishing paternity 
 of the child by another man.  

    HIST: 1980 c 589 s 5; 1983 c 308 s 4; 1987 c 403 art 3 s 96; 
 1989 c 282 art 2 s 161; 1Sp1993 c 1 art 6 s 35; 1995 c 207 art 
 10 s 7; 1995 c 216 s 1; 1995 c 257 art 4 s 4 

     257.56 Artificial insemination. 

    Subdivision 1.  If, under the supervision of a licensed 
 physician and with the consent of her husband, a wife is 
 inseminated artificially with semen donated by a man not her 
 husband, the husband is treated in law as if he were the 
 biological father of a child thereby conceived.  The husband's 
 consent must be in writing and signed by him and his wife.  The 
 consent must be retained by the physician for at least four 
 years after the confirmation of a pregnancy that occurs during 
 the process of artificial insemination. 

    All papers and records pertaining to the insemination, 
 whether part of the permanent record of a court or of a file 
 held by the supervising physician or elsewhere, are subject to 
 inspection only upon an order of the court for good cause shown. 

    Subd. 2.  The donor of semen provided to a licensed 
 physician for use in artificial insemination of a married woman 
 other than the donor's wife is treated in law as if he were not 
 the biological father of a child thereby conceived. 

    HIST: 1980 c 589 s 6; 1987 c 126 s 1; 1987 c 403 art 3 s 96 

     257.57 Determination of father and child relationship; 
  who may bring action; when action may be brought. 

    Subdivision 1.  A child, the child's biological mother, or 
 a man presumed to be the child's father under section 257.55, 
 subdivision 1, paragraph (a), (b), or (c) may bring an action: 

    (a) At any time for the purpose of declaring the existence 
 of the father and child relationship presumed under section 
 257.55, subdivision 1, paragraph (a), (b), or (c); or 

    (b) For the purpose of declaring the nonexistence of the 
 father and child relationship presumed under section 257.55, 
 subdivision 1, paragraph (a), (b), or (c), only if the action is 
 brought within two years after the person bringing the action 
 has reason to believe that the presumed father is not the father 
 of the child, but in no event later than three years after the 
 child's birth.  However, if the presumed father was divorced 
 from the child's mother and if, on or before the 280th day after 
 the judgment and decree of divorce or dissolution became final, 
 he did not know that the child was born during the marriage or 
 within 280 days after the marriage was terminated, the action is 
 not barred until one year after the child reaches the age of 
 majority or one year after the presumed father knows or 
 reasonably should have known of the birth of the child, 
 whichever is earlier.  After the presumption has been rebutted, 
 paternity of the child by another man may be determined in the 
 same action, if he has been made a party. 

    Subd. 2.  The child, the mother, or personal representative 
 of the child, the public authority chargeable by law with the 
 support of the child, the personal representative or a parent of 
 the mother if the mother has died or is a minor, a man alleged 
 or alleging himself to be the father, or the personal 
 representative or a parent of the alleged father if the alleged 
 father has died or is a minor may bring an action: 

    (1) at any time for the purpose of declaring the existence 
 of the father and child relationship presumed under section 
 257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 
 the nonexistence of the father and child relationship presumed 
 under clause (d) of that subdivision; 

    (2) for the purpose of declaring the nonexistence of the 
 father and child relationship presumed under section 257.55, 
 subdivision 1, paragraph (e) or (g), only if the action is 
 brought within six months after the person bringing the action 
 obtains the results of blood or genetic tests that indicate that 
 the presumed father is not the father of the child; 

    (3) for the purpose of declaring the nonexistence of the 
 father and child relationship presumed under section 257.55, 
 subdivision 1, paragraph (f), only if the action is brought 
 within three years after the party bringing the action, or the 
 party's attorney of record, has been provided the blood or 
 genetic test results; or 

    (4) for the purpose of declaring the nonexistence of the 
 father and child relationship presumed under section 257.75, 
 subdivision 9, only if the action is brought by the minor 
 signatory within six months after the minor signatory reaches 
 the age of 18.  In the case of a recognition of parentage 
 executed by two minor signatories, the action to declare the 
 nonexistence of the father and child relationship must be 
 brought within six months after the youngest signatory reaches 
 the age of 18. 

    Subd. 3.  An action to determine the existence of the 
 father and child relationship with respect to a child who has no 
 presumed father under section 257.55 may be brought by the 
 child, the mother or personal representative of the child, the 
 public authority chargeable by law with the support of the 
 child, the personal representative or a parent of the mother if 
 the mother has died or is a minor, a man alleged or alleging 
 himself to be the father, or the personal representative or a 
 parent of the alleged father if the alleged father has died or 
 is a minor.  

    Subd. 4.  Regardless of its terms, an agreement, other than 
 an agreement approved by the court in accordance with section 
 257.64, between an alleged or presumed father and the mother, 
 does not bar an action under this section by the child or the 
 public authority chargeable by law with the support of the child.

    Subd. 5.  If an action under this section is brought before 
 the birth of the child, all proceedings shall be stayed until 
 after the birth, except service of process and the taking of 
 depositions to perpetuate testimony.  

    Subd. 6.  If the child has been adopted, an action may not 
 be brought.  

    HIST: 1980 c 589 s 7; 1986 c 444; 1987 c 403 art 3 s 46,96; 
 1989 c 282 art 2 s 162; 1990 c 568 art 2 s 65; 1991 c 292 art 5 
 s 69; 1993 c 322 s 5; 1Sp1993 c 1 art 6 s 36; 1995 c 207 art 10 
 s 8; 1995 c 216 s 2; 1995 c 257 art 4 s 5 

     257.58 Limitation of actions; exceptions. 

    Subdivision 1.    Actions for children without a presumed 
 father.  Except as otherwise provided in section 259.52, an 
 action to determine the existence of the father and child 
 relationship as to a child who has no presumed father under 
 section 257.55 is not barred until one year after the child 
 reaches the age of majority. 

    Subd. 2.    Heirship.  Section 257.57 and this section 
 do not extend the time within which a right of inheritance or a 
 right to a succession may be asserted beyond the time provided 
 by law relating to distribution and closing of decedents' 
 estates or to the determination of heirship, or otherwise.  

    HIST: 1980 c 589 s 8; 1983 c 308 s 5; 1985 c 131 s 5; 1997 c 
 218 s 6 

     257.59 Jurisdiction; venue. 

    Subdivision 1.    Court jurisdiction.  The district 
 court has jurisdiction of an action brought under sections 
 257.51 to 257.74.  The action may be joined with an action for 
 dissolution, annulment, legal separation, custody under chapter 
 518, or reciprocal enforcement of support.  

    Subd. 2.  In addition to any other method provided by rule 
 or statute, personal jurisdiction may be acquired by service in 
 accordance with section 543.19.  

    Subd. 3.  The action may be brought in the county in which 
 the child or the defendant resides or is found or, if the 
 defendant is deceased, in which proceedings for probate of the 
 defendant's estate have been or could be commenced.  

    HIST: 1980 c 589 s 9; 1983 c 308 s 6; 1Sp1993 c 1 art 6 s 37; 
 1998 c 254 art 2 s 29 

     257.60 Parties. 

    The child may be made a party to the action.  If the child 
 is a minor and is made a party, a general guardian or a guardian 
 ad litem shall be appointed by the court to represent the 
 child.  The child's mother or father may not represent the child 
 as guardian or otherwise.  The biological mother, each man 
 presumed to be the father under section 257.55, and each man 
 alleged to be the biological father, shall be made parties or, 
 if not subject to the jurisdiction of the court, shall be given 
 notice of the action in a manner prescribed by the court and 
 shall be given an opportunity to be heard.  The public agency 
 responsible for support enforcement is joined as a party in each 
 case in which rights are assigned under section 256.74, 
 subdivision 5, and in each case in which the public agency is 
 providing services pursuant to an application for child support 
 services.  A person who may bring an action under section 257.57 
 may be made a party to the action.  The court may align the 
 parties.  The child shall be made a party whenever: 

    (1) the child is a minor and the case involves a compromise 
 under section 257.64, subdivision 1, or a lump sum payment under 
 section 257.66, subdivision 4, in which case the commissioner of 
 human services shall also be made a party subject to department 
 of human services rules relating to paternity suit settlements; 
 or 

    (2) the child is a minor and the action is to declare the 
 nonexistence of the father and child relationship; or 

    (3) an action to declare the existence of the father and 
 child relationship is brought by a man presumed to be the father 
 under section 257.55, or a man who alleges to be the father, and 
 the mother of the child denies the existence of the father and 
 child relationship. 

    HIST: 1980 c 589 s 10; 1983 c 308 s 7; 1984 c 654 art 5 s 58; 
 1987 c 403 art 3 s 47; 1994 c 529 s 18; 1995 c 257 art 4 s 6 

     257.61 Pretrial proceedings. 

    As soon as practicable, after an action to declare the 
 existence or nonexistence of the father and child relationship 
 has been brought, a pretrial hearing shall be held in accordance 
 with the rules of civil procedure.  The public shall be barred 
 from the hearing.  A record of the proceeding or any portion 
 thereof shall be kept if any party requests, or the court so 
 orders.  

    HIST: 1980 c 589 s 11 

     257.62 Blood and genetic tests. 

    Subdivision 1.    Blood or genetic tests required.  (a) 
 The court or public authority may, and upon request of a party 
 shall, require the child, mother, or alleged father to submit to 
 blood or genetic tests.  A mother or alleged father requesting 
 the tests shall file with the court an affidavit either alleging 
 or denying paternity and setting forth facts that establish the 
 reasonable possibility that there was, or was not, the requisite 
 sexual contact between the parties. 

    (b) A copy of the test results must be served on each party 
 by first class mail to the party's last known address.  Any 
 objection to the results of blood or genetic tests must be made 
 in writing no later than 30 days after service of the results.  
 Test results served upon a party must include notice of this 
 right to object.  

    (c) If the alleged father is dead, the court may, and upon 
 request of a party shall, require the decedent's parents or 
 brothers and sisters or both to submit to blood or genetic 
 tests.  However, in a case involving these relatives of an 
 alleged father, who is deceased, the court may refuse to order 
 blood or genetic tests if the court makes an express finding 
 that submitting to the tests presents a danger to the health of 
 one or more of these relatives that outweighs the child's 
 interest in having the tests performed.  Unless the person gives 
 consent to the use, the results of any blood or genetic tests of 
 the decedent's parents, brothers, or sisters may be used only to 
 establish the right of the child to public assistance including 
 but not limited to social security and veterans' benefits.  The 
 tests shall be performed by a qualified expert appointed by the 
 court. 

    Subd. 2.  Unless otherwise agreed by the parties, a party 
 wanting additional testing must first contest the original tests 
 in subdivision 1, paragraph (b), and must pay in advance for the 
 additional testing.  The additional testing must be performed by 
 another qualified expert. 

    Subd. 3.  In all cases, the court shall determine the 
 number and qualifications of the experts.  

    Subd. 4. Repealed, 1985 c 131 s 15 

    Subd. 5.    Positive test results.  (a) If the results 
 of blood or genetic tests completed in a laboratory accredited 
 by the American Association of Blood Banks indicate that the 
 likelihood of the alleged father's paternity, calculated with a 
 prior probability of no more than 0.5 (50 percent), is 92 
 percent or greater, upon motion the court shall order the 
 alleged father to pay temporary child support determined 
 according to chapter 518.  The alleged father shall pay the 
 support money into court pursuant to the rules of civil 
 procedure to await the results of the paternity proceedings.  

    (b) If the results of blood or genetic tests completed in a 
 laboratory accredited by the American Association of Blood Banks 
 indicate that likelihood of the alleged father's paternity, 
 calculated with a prior probability of no more than 0.5 (50 
 percent), is 99 percent or greater, the alleged father is 
 presumed to be the parent and the party opposing the 
 establishment of the alleged father's paternity has the burden 
 of proving by clear and convincing evidence that the alleged 
 father is not the father of the child. 

    Subd. 6.    Tests, evidence admissible.  In any hearing 
 brought under subdivision 5, a certified report of the facts and 
 results of a laboratory analysis or examination of blood or 
 genetic tests, that is performed in a laboratory accredited to 
 meet the Standards for Parentage Testing of the American 
 Association of Blood Banks and is prepared and attested by a 
 qualified expert appointed by the court, shall be admissible in 
 evidence without proof of the seal, signature, or official 
 character of the person whose name is signed to it.  If no 
 objection is made, the blood or genetic test results are 
 admissible as evidence without the need for foundation testimony 
 or other proof of authenticity or accuracy.  

    HIST: 1980 c 589 s 12; 1983 c 308 s 8,9; 1987 c 403 art 3 s 
 48; 1989 c 282 art 2 s 163; 1995 c 207 art 10 s 9-11; 1997 c 203 
 art 6 s 21,22 

     257.63 Evidence relating to paternity. 

    Subdivision 1.  Evidence relating to paternity may include: 

    (a) Evidence of sexual intercourse between the mother and 
 alleged father at any possible time of conception; 

    (b) An expert's opinion concerning the statistical 
 probability of the alleged father's paternity based upon the 
 duration of the mother's pregnancy; 

    (c) Genetic and blood test results, weighed in accordance 
 with evidence, if available, of the statistical probability of 
 the alleged father's paternity; 

    (d) Medical or anthropological evidence relating to the 
 alleged father's paternity of the child based on tests performed 
 by experts.  If a man has been identified as a possible father 
 of the child, the court may, and upon request of a party shall, 
 require the child, the mother, and the man to submit to 
 appropriate tests; and 

    (e) All other evidence relevant to the issue of paternity 
 of the child.  

    Subd. 2.  Upon refusal of a witness, including a party, to 
 testify under oath or produce evidence, the court may order the 
 party to testify under oath and produce evidence concerning all 
 relevant facts.  No testimony or other information compelled 
 under the order, or any information directly or indirectly 
 derived from such testimony or other information, may be used 
 against the witness in any criminal case, except for perjury 
 committed in the testimony.  The refusal of a witness, who has 
 been granted immunity, to obey an order to testify or produce 
 evidence is subject to the sanctions within the jurisdiction of 
 the court.  

    Subd. 3.  Testimony of a physician concerning the medical 
 circumstances of the pregnancy itself and the condition and 
 characteristics of the child upon birth is not privileged.  

    HIST: 1980 c 589 s 13; 1986 c 444; 1987 c 403 art 3 s 49 

     257.64 Pretrial orders and recommendations. 

    Subdivision 1.  On the basis of the information produced at 
 the pretrial hearing, including information as to the financial 
 status of the parties, the court may: 

    (a) recommend that the alleged father voluntarily 
 acknowledge his paternity of the child if the parties have 
 agreed on a financial settlement; or 

    (b) recommend that the matter be compromised by an 
 agreement among the alleged father, the mother, and the child, 
 in which the father and child relationship is not determined but 
 in which a defined economic obligation is undertaken by the 
 alleged father in favor of the child and, if appropriate, in 
 favor of the mother, subject to approval by the court.  In 
 reviewing the obligation undertaken by the alleged father in a 
 compromise agreement, the court shall consider the best interest 
 of the child, in the light of the applicable factors enumerated 
 in section 518.17, subdivision 3, discounted by the 
 improbability, as it appears to the court, of establishing the 
 alleged father's paternity or nonpaternity of the child in a 
 trial of the action.  In the best interest of the child, the 
 court may order that the alleged father's identity be kept 
 confidential.  In that case, the court may designate a person or 
 agency to receive from the alleged father and disburse on behalf 
 of the child all amounts paid by the alleged father in 
 fulfillment of obligations imposed on him.  The child , on 
 reaching 21 years of age or older , may petition the court to 
 disclose the alleged father's identity.  The court shall grant 
 the petition if after considering the interests of all known 
 persons involved, the court determines that disclosure of the 
 information would be of greater benefit than nondisclosure.  

    Subd. 2.  If the parties accept a recommendation made in 
 accordance with subdivision 1, judgment shall be entered 
 accordingly.  The court shall advise all parties that pretrial 
 recommendations are not binding and will have no effect if the 
 recommendation is disregarded and the matter is set for trial.  

    Subd. 3.  If a party refuses to accept a recommendation 
 made under subdivision 1 and blood or genetic tests have not 
 been taken, the court shall require the parties to submit to 
 blood or genetic tests.  If a party refuses to accept the final 
 recommendation the action shall be set for trial.  

    Subd. 4.  The guardian ad litem may accept or refuse to 
 accept a recommendation under this section.  

    Subd. 5.  The informal hearing may be terminated and the 
 action set for trial if the court finds it unlikely that all 
 parties would accept a recommendation made under subdivisions 1 
 or 3.  

    HIST: 1980 c 589 s 14; 1Sp1981 c 4 art 2 s 26; 1983 c 308 s 
 10; 1986 c 444; 1995 c 207 art 10 s 12; 1998 c 382 art 1 s 2 

     257.65 Civil action. 

    An action under sections 257.51 to 257.74 is a civil action 
 governed by the rules of civil procedure.  The mother of the 
 child and the alleged father are competent to testify and may be 
 compelled to testify.  Sections 257.62 and 257.63 apply to 
 proceedings under this section.  

    HIST: 1980 c 589 s 15 

     257.651 Default order of parentage. 

    In an action to determine the existence of the father and 
 child relationship under sections 257.51 to 257.74, if the 
 alleged father fails to appear at a hearing after service duly 
 made and proved, the court shall enter a default judgment or 
 order of paternity. 

    HIST: 1995 c 257 art 4 s 7 

     257.66 Judgment or order. 

    Subdivision 1.    Determinative.  The judgment or order 
 of the court determining the existence or nonexistence of the 
 parent and child relationship is determinative for all purposes. 

    Subd. 2.    New birth certificate.  If the judgment or 
 order of the court is at variance with the child's birth 
 certificate, the court shall order that a new birth certificate 
 be issued under section 257.73.  

    Subd. 3.    Judgment; order.  The judgment or order 
 shall contain provisions concerning the duty of support, the 
 custody of the child, the name of the child, the social security 
 number of the mother, father, and child, if known at the time of 
 adjudication, visitation privileges with the child, the 
 furnishing of bond or other security for the payment of the 
 judgment, or any other matter in the best interest of the 
 child.  Custody and visitation and all subsequent motions 
 related to them shall proceed and be determined under section 
 257.541.  The remaining matters and all subsequent motions 
 related to them shall proceed and be determined in accordance 
 with chapter 518.  The judgment or order may direct the 
 appropriate party to pay all or a proportion of the reasonable 
 expenses of the mother's pregnancy and confinement, after 
 consideration of the relevant facts, including the relative 
 financial means of the parents; the earning ability of each 
 parent; and any health insurance policies held by either parent, 
 or by a spouse or parent of the parent, which would provide 
 benefits for the expenses incurred by the mother during her 
 pregnancy and confinement.  Pregnancy and confinement expenses 
 and genetic testing costs, submitted by the public authority, 
 are admissible as evidence without third-party foundation 
 testimony and constitute prima facie evidence of the amounts 
 incurred for those services or for the genetic testing.  
 Remedies available for the collection and enforcement of child 
 support apply to confinement costs and are considered additional 
 child support. 

    Subd. 4.    Statute of limitations.  Support judgments 
 or orders ordinarily shall be for periodic payments which may 
 vary in amount. In the best interest of the child, a lump sum 
 payment may be ordered in lieu of periodic payments of support.  
 The court shall limit the parent's liability for past support of 
 the child to the proportion of the expenses that the court deems 
 just, which were incurred in the two years immediately preceding 
 the commencement of the action.  In determining the amount of 
 the parent's liability for past support, the court may deviate 
 downward from the guidelines if:  

    (1) the child for whom child support is sought is more than 
 five years old and the obligor discovered or was informed of the 
 existence of the parent and child relationship within one year 
 of commencement of the action seeking child support; 

    (2) the obligor is a custodian for or pays support for 
 other children; and 

    (3) the obligor's family income is less than 175 percent of 
 the federal poverty level. 

    Subd. 5.    Entry of judgment.  Any order for support or 
 maintenance issued under this section shall provide for a 
 conspicuous notice that, if the obligor fails to make a support 
 payment, the payment owed becomes a judgment by operation of law 
 on and after the date the payment is due and the obligee or a 
 public agency responsible for support enforcement may obtain 
 entry and docketing of the judgment for the unpaid amounts under 
 the provisions of section 548.091.  

    Subd. 6.    Required information.  Upon entry of 
 judgment or order, each parent who is a party in a paternity 
 proceeding shall: 

    (1) file with the public authority responsible for child 
 support enforcement the party's social security number, 
 residential and mailing address, telephone number, driver's 
 license number, and name, address, and telephone number of any 
 employer if the party is receiving services from the public 
 authority or begins receiving services from the public 
 authority; 

    (2) file the information in clause (1) with the district 
 court; and 

    (3) notify the court and, if applicable, the public 
 authority responsible for child support enforcement of any 
 change in the information required under this section within ten 
 days of the change. 

    HIST: 1980 c 589 s 16; 1983 c 308 s 11,12; 1984 c 547 s 3; 
 1988 c 593 s 5; 1993 c 340 s 15; 1995 c 257 art 1 s 18; 1997 c 
 203 art 6 s 23,24 

     257.67 Enforcement of judgment or order. 

    Subdivision 1.  If existence of the parent and child 
 relationship is declared, or parentage or a duty of support has 
 been acknowledged or adjudicated under sections 257.51 to 257.74 
 or under prior law, the obligation of the noncustodial parent 
 may be enforced in the same or other proceedings by the 
 custodial parent, the child, the public authority that has 
 furnished or may furnish the reasonable expenses of pregnancy, 
 confinement, education, support, or funeral, or by any other 
 person, including a private agency, to the extent that person 
 has furnished or is furnishing these expenses.  Full faith and 
 credit shall be given to a determination of paternity made by 
 another state, whether established through voluntary 
 acknowledgment or through administrative or judicial processes. 

    Subd. 2.  The court may order support payments to be made 
 to the custodial parent, the court administrator, or a person, 
 corporation, or agency designated to administer them for the 
 benefit of the child under the supervision of the court.  

    Subd. 3.  Willful failure to obey the judgment or order of 
 the court is a contempt of the court.  All remedies for the 
 enforcement of judgments apply including those available under 
 chapters 518 and 518C.  

    HIST: 1980 c 589 s 17; 1985 c 248 s 41; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82; 1987 c 384 art 2 s 1; 1993 c 340 s 16; 1994 c 465 
 art 1 s 32; 1995 c 257 art 4 s 8 

     257.68 Modification of judgment or order. 

    A court entering a judgment or order for the payment of a 
 lump sum under section 257.66, subdivision 4, may specify that 
 the judgment or order may not be modified or revoked.  

    HIST: 1980 c 589 s 18 

     257.69 Right to counsel; costs; free transcript on 
  appeal. 

    Subdivision 1.    Representation by counsel.  In all 
 proceedings under sections 257.51 to 257.74, any party may be 
 represented by counsel.  The county attorney shall represent the 
 public authority.  The court shall appoint counsel for a party 
 who is unable to pay timely for counsel in proceedings under 
 sections 257.51 to 257.74. 

    Subd. 2.    Guardian; legal fees.  The court may order 
 expert witness and guardian ad litem fees and other costs of the 
 trial and pretrial proceedings, including appropriate tests, to 
 be paid by the parties in proportions and at times determined by 
 the court.  The court shall require a party to pay part of the 
 fees of court-appointed counsel according to the party's ability 
 to pay, but if counsel has been appointed the appropriate agency 
 shall pay the party's proportion of all other fees and costs.  
 The agency responsible for child support enforcement shall pay 
 the fees and costs for blood or genetic tests in a proceeding in 
 which it is a party, is the real party in interest, or is acting 
 on behalf of the child.  However, at the close of a proceeding 
 in which paternity has been established under sections 257.51 to 
 257.74, the court shall order the adjudicated father to 
 reimburse the public agency, if the court finds he has 
 sufficient resources to pay the costs of the blood or genetic 
 tests.  When a party bringing an action is represented by the 
 county attorney, no filing fee shall be paid to the court 
 administrator. 

    Subd. 3.  If a party is financially unable to pay the cost 
 of a transcript, the court shall furnish on request a transcript 
 for purposes of appeal.  

    HIST: 1980 c 589 s 19; 1983 c 308 s 13; 1Sp1986 c 3 art 1 s 
 82; 1995 c 207 art 10 s 13,14 

     257.70 Hearings and records; confidentiality. 

    (a) Notwithstanding any other law concerning public 
 hearings and records, any hearing or trial held under sections 
 257.51 to 257.74 shall be held in closed court without 
 admittance of any person other than those necessary to the 
 action or proceeding.  All papers and records, other than the 
 final judgment, pertaining to the action or proceeding, whether 
 part of the permanent record of the court or of a file in the 
 state department of human services or elsewhere, are subject to 
 inspection only upon consent of the court and all interested 
 persons, or in exceptional cases only upon an order of the court 
 for good cause shown.  

    (b) In all actions under this chapter in which public 
 assistance is assigned under section 256.741 or the public 
 authority provides services to a party or parties to the action, 
 notwithstanding statutory or other authorization for the public 
 authority to release private data on the location of a party to 
 the action, information on the location of one party may not be 
 released by the public authority to the other party if:  

    (1) the public authority has knowledge that a protective 
 order with respect to the other party has been entered; or 

    (2) the public authority has reason to believe that the 
 release of the information may result in physical or emotional 
 harm to the other party. 

    HIST: 1980 c 589 s 20; 1984 c 654 art 5 s 58; 1997 c 203 art 6 
 s 25 

     257.71 Action to declare mother and child relationship. 

    A child, the father or personal representative of the 
 child, the public authority chargeable by law with the support 
 of the child, the personal representative or a parent of the 
 father if the father has died, a woman alleged or alleging 
 herself to be the mother, or the personal representative or a 
 parent of the alleged mother if the alleged mother has died or 
 is a minor may bring an action to determine the existence or 
 nonexistence of a mother and child relationship.  Insofar as 
 practicable, the provisions of sections 257.51 to 257.74 
 applicable to the father and child relationship apply.  

    HIST: 1980 c 589 s 21 

     257.72 Promise to render support. 

    Subdivision 1.  A person's signed promise to furnish 
 support for a child, growing out of a supposed or alleged parent 
 and child relationship, does not require consideration and is 
 enforceable according to its terms, subject to section 257.57, 
 subdivision 4.  

    Subd. 2.  In the best interest of the child or the 
 custodial parent, the court may, and if a provision of the 
 writing so requires shall, order the promise to be kept in 
 confidence and designate a person or agency to receive and 
 disburse on behalf of the child all amounts paid in performance 
 of the promise.  

    HIST: 1980 c 589 s 22 

     257.73 Birth records. 

    Subdivision 1.  Upon compliance with the provisions of 
 section 257.55, subdivision 1, paragraph (e), 257.75, or upon 
 order of a court of this state or upon request of a court of 
 another state, the state or local registrar of vital statistics 
 shall prepare a replacement certificate of birth consistent with 
 the acknowledgment or the findings of the court and shall 
 substitute the replacement certificate for the original 
 certificate of birth.  

    Subd. 2.  The fact that the father and child relationship 
 was declared after the child's birth shall not be ascertainable 
 from the replacement certificate but the actual place and date 
 of birth shall be shown.  

    Subd. 3.  The evidence upon which the replacement 
 certificate was made and the original birth certificate shall be 
 kept in a sealed and confidential file and be subject to 
 inspection only upon consent of the court and all interested 
 persons, or in exceptional cases only upon an order of the court 
 for good cause shown.  

    HIST: 1980 c 589 s 23; 1Sp1993 c 1 art 6 s 38; 1997 c 205 s 31 

     257.74 Adoption; termination proceedings. 

    Subdivision 1.  If a mother relinquishes or proposes to 
 relinquish for adoption a child who has 

    (a) a presumed father under section 257.55, subdivision 1, 

    (b) a father whose relationship to the child has been 
 determined by a court or established under section 257.75, or 

    (c) a father as to whom the child is a legitimate child 
 under prior law of this state or under the law of another 
 jurisdiction, the father shall be given notice of the adoption 
 proceeding as provided in section 259.49.  

    Subd. 2.  If a mother relinquishes or proposes to 
 relinquish for adoption a child who does not have 

    (a) a presumed father under section 257.55, subdivision 1, 

    (b) a father whose relationship to the child has been 
 determined by a court, or 

    (c) a father as to whom the child is a legitimate child 
 under prior law of this state or under the law of another 
 jurisdiction, notice of the adoption proceeding shall be given 
 as required by sections 259.49 and 259.51.  

    HIST: 1980 c 589 s 24; 1Sp1993 c 1 art 6 s 39; 1994 c 631 s 31 

     257.75 Recognition of parentage. 

    Subdivision 1.    Recognition by parents.  The mother 
 and father of a child born to a mother who was not married to 
 the child's father nor to any other man when the child was 
 conceived nor when the child was born may, in a writing signed 
 by both of them before a notary public and filed with the state 
 registrar of vital statistics, state and acknowledge under oath 
 that they are the biological parents of the child and wish to be 
 recognized as the biological parents.  The recognition must be 
 in the form prepared by the commissioner of human services under 
 subdivision 5, except that it may also include the joinder in 
 recognition provisions under subdivision 1a.  The requirement 
 that the mother not be married when the child was conceived nor 
 when the child was born does not apply if her husband or former 
 husband joins in the recognition under subdivision 1a. 

    Subd. 1a.    Joinder in recognition by husband.  A man 
 who is a presumed father under section 257.55, subdivision 1, 
 paragraph (a), may join in a recognition of parentage that 
 recognizes that another man is the child's biological father.  
 The man who is the presumed father under section 257.55, 
 subdivision 1, paragraph (a), must sign an acknowledgment under 
 oath before a notary public that he is renouncing the 
 presumption under section 257.55, subdivision 1, paragraph (a), 
 and recognizing that the father who is executing the recognition 
 under subdivision 1 is the biological father of the child.  A 
 joinder in a recognition under this subdivision must be executed 
 within one year after the child's birth and the joinder must be 
 filed with the state registrar of vital statistics.  The joinder 
 must be on a form prepared by the commissioner of human 
 services.  Failure to properly execute a joinder in a 
 recognition does not affect the validity of the recognition 
 under subdivision 1.  A joinder without a corresponding 
 recognition of parentage has no legal effect. 

    Subd. 2.    Revocation of recognition.  A recognition 
 may be revoked in a writing signed by the mother or father 
 before a notary public and filed with the state registrar of 
 vital statistics within the earlier of 30 days after the 
 recognition is executed or the date of an administrative or 
 judicial hearing relating to the child in which the revoking 
 party is a party to the related action.  A joinder in a 
 recognition may be revoked in a writing signed by the man who 
 executed the joinder and filed with the state registrar of vital 
 statistics within 30 days after the joinder is executed.  Upon 
 receipt of a revocation of the recognition of parentage or 
 joinder in a recognition, the state registrar of vital 
 statistics shall forward a copy of the revocation to the 
 nonrevoking parent, or, in the case of a joinder in a 
 recognition, to the mother and father who executed the 
 recognition.  

    Subd. 3.    Effect of recognition.  Subject to 
 subdivision 2 and section 257.55, subdivision 1, paragraph (g) 
 or (h), the recognition has the force and effect of a judgment 
 or order determining the existence of the parent and child 
 relationship under section 257.66.  If the conditions in section 
 257.55, subdivision 1, paragraph (g) or (h), exist, the 
 recognition creates only a presumption of paternity for purposes 
 of sections 257.51 to 257.74.  Once a recognition has been 
 properly executed and filed with the state registrar of vital 
 statistics, if there are no competing presumptions of paternity, 
 a judicial or administrative court may not allow further action 
 to determine parentage regarding the signator of the 
 recognition.  Until an order is entered granting custody to 
 another, the mother has sole custody.  The recognition is: 

    (1) a basis for bringing an action to award custody or 
 visitation rights to either parent, establishing a child support 
 obligation which may include up to the two years immediately 
 preceding the commencement of the action, ordering a 
 contribution by a parent under section 256.87, or ordering a 
 contribution to the reasonable expenses of the mother's 
 pregnancy and confinement, as provided under section 257.66, 
 subdivision 3, or ordering reimbursement for the costs of blood 
 or genetic testing, as provided under section 257.69, 
 subdivision 2; 

    (2) determinative for all other purposes related to the 
 existence of the parent and child relationship; and 

    (3) entitled to full faith and credit in other 
 jurisdictions.  

    Subd. 4.    Action to vacate recognition.  (a) An action 
 to vacate a recognition of paternity may be brought by the 
 mother, father, husband or former husband who executed a 
 joinder, or the child.  An action to vacate a recognition of 
 parentage may be brought by the public authority.  A mother, 
 father, or husband or former husband who executed a joinder must 
 bring the action within one year of the execution of the 
 recognition or within six months after the person bringing the 
 action obtains the results of blood or genetic tests that 
 indicate that the man who executed the recognition is not the 
 father of the child.  A child must bring an action to vacate 
 within six months after the child obtains the result of blood or 
 genetic tests that indicate that the man who executed the 
 recognition is not the father of the child, or within one year 
 of reaching the age of majority, whichever is later.  If the 
 court finds a prima facie basis for vacating the recognition, 
 the court shall order the child, mother, father, and husband or 
 former husband who executed a joinder to submit to blood tests.  
 If the court issues an order for the taking of blood tests, the 
 court shall require the party seeking to vacate the recognition 
 to make advance payment for the costs of the blood tests.  If 
 the party fails to pay for the costs of the blood tests, the 
 court shall dismiss the action to vacate with prejudice.  The 
 court may also order the party seeking to vacate the recognition 
 to pay the other party's reasonable attorney fees, costs, and 
 disbursements.  If the results of the blood tests establish that 
 the man who executed the recognition is not the father, the 
 court shall vacate the recognition.  If a recognition is 
 vacated, any joinder in the recognition under subdivision 1a is 
 also vacated.  The court shall terminate the obligation of a 
 party to pay ongoing child support based on the recognition.  A 
 modification of child support based on a recognition may be made 
 retroactive with respect to any period during which the moving 
 party has pending a motion to vacate the recognition but only 
 from the date of service of notice of the motion on the 
 responding party. 

    (b) The burden of proof in an action to vacate the 
 recognition is on the moving party.  The moving party must 
 request the vacation on the basis of fraud, duress, or material 
 mistake of fact.  The legal responsibilities in existence at the 
 time of an action to vacate, including child support 
 obligations, may not be suspended during the proceeding, except 
 for good cause shown. 

    Subd. 5.    Recognition form.  The commissioner of human 
 services shall prepare a form for the recognition of parentage 
 under this section.  In preparing the form, the commissioner 
 shall consult with the individuals specified in subdivision 6.  
 The recognition form must be drafted so that the force and 
 effect of the recognition, the alternatives to executing a 
 recognition, and the benefits and responsibilities of 
 establishing paternity are clear and understandable.  The form 
 must include a notice regarding the finality of a recognition 
 and the revocation procedure under subdivision 2.  The form must 
 include a provision for each parent to verify that the parent 
 has read or viewed the educational materials prepared by the 
 commissioner of human services describing the recognition of 
 paternity.  The individual providing the form to the parents for 
 execution shall provide oral notice of the rights, 
 responsibilities, and alternatives to executing the 
 recognition.  Notice may be provided by audiotape, videotape, or 
 similar means.  Each parent must receive a copy of the 
 recognition. 

    Subd. 6.    Paternity educational materials.  The 
 commissioner of human services shall prepare educational 
 materials for new and prospective parents that describe the 
 benefits and effects of establishing paternity.  The materials 
 must include a description and comparison of the procedures for 
 establishment of paternity through a recognition of parentage 
 under this section and an adjudication of paternity under 
 sections 257.51 to 257.74.  The commissioner shall consider the 
 use of innovative audio or visual approaches to the presentation 
 of the materials to facilitate understanding and presentation.  
 In preparing the materials, the commissioner shall consult with 
 child advocates and support workers, battered women's advocates, 
 social service providers, educators, attorneys, hospital 
 representatives, and people who work with parents in making 
 decisions related to paternity.  The commissioner shall consult 
 with representatives of communities of color.  On and after 
 January 1, 1994, the commissioner shall make the materials 
 available without cost to hospitals, requesting agencies, and 
 other persons for distribution to new parents. 

    Subd. 7.    Hospital and department of health distribution 
 of educational materials; recognition form.  Hospitals that 
 provide obstetric services and the state registrar of vital 
 statistics shall distribute the educational materials and 
 recognition of parentage forms prepared by the commissioner of 
 human services to new parents and shall assist parents in 
 understanding the recognition of parentage form, including 
 following the provisions for notice under subdivision 5.  On and 
 after January 1, 1994, hospitals may not distribute the 
 declaration of parentage forms. 

    Subd. 8.    Notice.  If the state registrar of vital 
 statistics receives more than one recognition of parentage for 
 the same child, the registrar shall notify both signatories on 
 each recognition that the recognition is no longer final and 
 that each man has only a presumption of paternity under section 
 257.55, subdivision 1. 

    Subd. 9.    Execution by a minor parent.  A recognition 
 of parentage executed and filed in accordance with this section 
 by a minor parent creates a presumption of paternity for the 
 purposes of sections 257.51 to 257.74. 

    HIST: 1Sp1993 c 1 art 6 s 40; 1995 c 216 s 3-6; 1995 c 257 art 
 4 s 9,10; 1997 c 203 art 6 s 26-30; 1997 c 245 art 1 s 11; art 3 
 s 8 

  257.80 Renumbered 119A.10 

  257.801 Renumbered 119A.11 

  257.802 Renumbered 119A.12 

  257.803 Renumbered 119A.13 

  257.804 Renumbered 119A.14 

    257.805 Subdivision 1.  Renumbered 119A.15 
 subdivision 1 

    Subd. 2.  Renumbered 119A.15 subd 2 

    Subd. 3.  Renumbered 119A.15 subd 3 

    Subd. 4.  Renumbered 119A.15 subd 4 

    Subd. 5.  Renumbered 119A.15 subd 5 

    Subd. 6.  Repealed, 1Sp1987 c 4 art 2 s 9 

    Subd. 7.  Renumbered 119A.15 subd 6 

    Subd. 8.  Renumbered 119A.15 subd 7 

  257.806 Renumbered 119A.16 

  257.807 Renumbered 119A.17 

     257.81 Training for interviewers of maltreated children; 
  commissioner of human services duties. 

    The commissioner of human services shall develop training 
 programs designed to provide specialized interviewer training to 
 persons who interview allegedly maltreated children.  The 
 training must include information on interviewing adolescents 
 and address the best methods of so doing.  All training shall be 
 presented within a child development model framework and include 
 information on working with children of color and children with 
 special needs.  To accomplish this objective, the commissioner 
 shall: 

    (1) establish criteria for adequately trained interviewers; 

    (2) determine the number of trained interviewers and 
 evaluate the extent of the need for interviewer training; 

    (3) offer forums and tuition to county professionals for 
 specialized interviewer training where the need exists; and 

    (4) encourage counties to assess local needs and assist 
 counties in making interviewer training available to meet those 
 needs. 

    HIST: 1995 c 226 art 7 s 1 

     257.85 Relative custody assistance. 

    Subdivision 1.    Citation.  This section may be cited 
 as the "Relative Custody Assistance Act." 

    Subd. 2.    Scope.  The provisions of this section apply 
 to those situations in which the legal and physical custody of a 
 child is established with a relative according to section 
 260.191, subdivision 3b, by a court order issued on or after 
 July 1, 1997.  

    Subd. 3.    Definitions.  For purposes of this section, 
 the terms defined in this subdivision have the meanings given 
 them. 

    (a) "AFDC or MFIP standard" means the monthly standard of 
 need used to calculate assistance under the AFDC program, the 
 transitional standard used to calculate assistance under the 
 MFIP-S program, or, if neither of those is applicable, the 
 analogous transitional standard used to calculate assistance 
 under the MFIP or MFIP-R programs. 

    (b) "Local agency" means the local social service agency 
 with legal custody of a child prior to the transfer of permanent 
 legal and physical custody to a relative. 

    (c) "Permanent legal and physical custody" means permanent 
 legal and physical custody ordered by a Minnesota juvenile court 
 under section 260.191, subdivision 3b. 

    (d) "Relative" means an individual, other than a parent, 
 who is related to a child by blood, marriage, or adoption. 

    (e) "Relative custodian" means a relative of a child for 
 whom the relative has permanent legal and physical custody.  
 When siblings, including half-siblings and step-siblings, are 
 placed together in the permanent legal and physical custody of a 
 relative of one of the siblings, the person receiving permanent 
 legal and physical custody of the siblings is considered a 
 relative custodian of all of the siblings for purposes of this 
 section. 

    (f) "Relative custody assistance agreement" means an 
 agreement entered into between a local agency and the relative 
 of a child who has been or will be awarded permanent legal and 
 physical custody of the child. 

    (g) "Relative custody assistance payment" means a monthly 
 cash grant made to a relative custodian pursuant to a relative 
 custody assistance agreement and in an amount calculated under 
 subdivision 7. 

    (h) "Remains in the physical custody of the relative 
 custodian" means that the relative custodian is providing 
 day-to-day care for the child and that the child lives with the 
 relative custodian; absence from the relative custodian's home 
 for a period of more than 120 days raises a presumption that the 
 child no longer remains in the physical custody of the relative 
 custodian. 

    Subd. 4.    Duties of local agency.  (a) When a local 
 agency seeks a court order under section 260.191, subdivision 
 3b, to establish permanent legal and physical custody of a child 
 with a relative, or if such an order is issued by the court, the 
 local agency shall perform the duties in this subdivision. 

    (b) As soon as possible after the local agency determines 
 that it will seek to establish permanent legal and physical 
 custody of the child with a relative or, if the agency did not 
 seek to establish custody, as soon as possible after the 
 issuance of the court order establishing custody, the local 
 agency shall inform the relative about the relative custody 
 assistance program, including eligibility criteria and payment 
 levels.  Anytime prior to, but not later than seven days after, 
 the date the court issues the order establishing permanent legal 
 and physical custody of the child with a relative, the local 
 agency shall determine whether the eligibility criteria in 
 subdivision 6 are met to allow the relative to receive relative 
 custody assistance.  Not later than seven days after determining 
 whether the eligibility criteria are met, the local agency shall 
 inform the relative custodian of its determination and of the 
 process for appealing that determination under subdivision 9. 

    (c) If the local agency determines that the relative 
 custodian is eligible to receive relative custody assistance, 
 the local agency shall prepare the relative custody assistance 
 agreement and ensure that it meets the criteria of subdivision 6.

    (d) The local agency shall make monthly payments to the 
 relative as set forth in the relative custody assistance 
 agreement.  On a quarterly basis and on a form to be provided by 
 the commissioner, the local agency shall make claims for 
 reimbursement from the commissioner for relative custody 
 assistance payments made. 

    (e) For a relative custody assistance agreement that is in 
 place for longer than one year, and as long as the agreement 
 remains in effect, the local agency shall send an annual 
 affidavit form to the relative custodian of the eligible child 
 within the month before the anniversary date of the agreement.  
 The local agency shall monitor whether the annual affidavit is 
 returned by the relative custodian within 30 days following the 
 anniversary date of the agreement.  The local agency shall 
 review the affidavit and any other information in its possession 
 to ensure continuing eligibility for relative custody assistance 
 and that the amount of payment made according to the agreement 
 is correct. 

    (f) When the local agency determines that a relative 
 custody assistance agreement should be terminated or modified, 
 it shall provide notice of the proposed termination or 
 modification to the relative custodian at least ten days before 
 the proposed action along with information about the process for 
 appealing the proposed action. 

    Subd. 5.    Relative custody assistance agreement.  (a) 
 A relative custody assistance agreement will not be effective, 
 unless it is signed by the local agency and the relative 
 custodian no later than 30 days after the date of the order 
 establishing permanent legal and physical custody with the 
 relative, except that a local agency may enter into a relative 
 custody assistance agreement with a relative custodian more than 
 30 days after the date of the order if it certifies that the 
 delay in entering the agreement was through no fault of the 
 relative custodian.  There must be a separate agreement for each 
 child for whom the relative custodian is receiving relative 
 custody assistance. 

    (b) Regardless of when the relative custody assistance 
 agreement is signed by the local agency and relative custodian, 
 the effective date of the agreement shall be the date of the 
 order establishing permanent legal and physical custody. 

    (c) If MFIP-S is not the applicable program for a child at 
 the time that a relative custody assistance agreement is entered 
 on behalf of the child, when MFIP-S becomes the applicable 
 program, if the relative custodian had been receiving custody 
 assistance payments calculated based upon a different program, 
 the amount of relative custody assistance payment under 
 subdivision 7 shall be recalculated under the MFIP-S program. 

    (d) The relative custody assistance agreement shall be in a 
 form specified by the commissioner and shall include provisions 
 relating to the following: 

    (1) the responsibilities of all parties to the agreement; 

    (2) the payment terms, including the financial 
 circumstances of the relative custodian, the needs of the child, 
 the amount and calculation of the relative custody assistance 
 payments, and that the amount of the payments shall be 
 reevaluated annually; 

    (3) the effective date of the agreement, which shall also 
 be the anniversary date for the purpose of submitting the annual 
 affidavit under subdivision 8; 

    (4) that failure to submit the affidavit as required by 
 subdivision 8 will be grounds for terminating the agreement; 

    (5) the agreement's expected duration, which shall not 
 extend beyond the child's eighteenth birthday; 

    (6) any specific known circumstances that could cause the 
 agreement or payments to be modified, reduced, or terminated and 
 the relative custodian's appeal rights under subdivision 9; 

    (7) that the relative custodian must notify the local 
 agency within 30 days of any of the following: 

    (i) a change in the child's status; 

    (ii) a change in the relationship between the relative 
 custodian and the child; 

    (iii) a change in composition or level of income of the 
 relative custodian's family; 

    (iv) a change in eligibility or receipt of benefits under 
 AFDC, MFIP-S, or other assistance program; and 

    (v) any other change that could affect eligibility for or 
 amount of relative custody assistance; 

    (8) that failure to provide notice of a change as required 
 by clause (7) will be grounds for terminating the agreement; 

    (9) that the amount of relative custody assistance is 
 subject to the availability of state funds to reimburse the 
 local agency making the payments; 

    (10) that the relative custodian may choose to temporarily 
 stop receiving payments under the agreement at any time by 
 providing 30 days' notice to the local agency and may choose to 
 begin receiving payments again by providing the same notice but 
 any payments the relative custodian chooses not to receive are 
 forfeit; and 

    (11) that the local agency will continue to be responsible 
 for making relative custody assistance payments under the 
 agreement regardless of the relative custodian's place of 
 residence. 

    Subd. 6.    Eligibility criteria.  A local agency shall 
 enter into a relative custody assistance agreement under 
 subdivision 5 if it certifies that the following criteria are 
 met: 

    (1) the juvenile court has determined or is expected to 
 determine that the child, under the former or current custody of 
 the local agency, cannot return to the home of the child's 
 parents; 

    (2) the court, upon determining that it is in the child's 
 best interests, has issued or is expected to issue an order 
 transferring permanent legal and physical custody of the child 
 to the relative; and 

    (3) the child either: 

    (i) is a member of a sibling group to be placed together; 
 or 

    (ii) has a physical, mental, emotional, or behavioral 
 disability that will require financial support. 

    When the local agency bases its certification that the 
 criteria in clause (1) or (2) are met upon the expectation that 
 the juvenile court will take a certain action, the relative 
 custody assistance agreement does not become effective until and 
 unless the court acts as expected. 

    Subd. 7.    Amount of relative custody assistance 
 payments.  (a) The amount of a monthly relative custody 
 assistance payment shall be determined according to the 
 provisions of this paragraph. 

    (1) The total maximum assistance rate is equal to the base 
 assistance rate plus, if applicable, the supplemental assistance 
 rate. 

    (i) The base assistance rate is equal to the maximum amount 
 that could be received as basic maintenance for a child of the 
 same age under the adoption assistance program. 

    (ii) The local agency shall determine whether the child has 
 physical, mental, emotional, or behavioral disabilities that 
 require care, supervision, or structure beyond that ordinarily 
 provided in a family setting to children of the same age such 
 that the child would be eligible for supplemental maintenance 
 payments under the adoption assistance program if an adoption 
 assistance agreement were entered on the child's behalf.  If the 
 local agency determines that the child has such a disability, 
 the supplemental assistance rate shall be the maximum amount of 
 monthly supplemental maintenance payment that could be received 
 on behalf of a child of the same age, disabilities, and 
 circumstances under the adoption assistance program. 

    (2) The net maximum assistance rate is equal to the total 
 maximum assistance rate from clause (1) less the following 
 offsets: 

    (i) if the child is or will be part of an assistance unit 
 receiving an AFDC, MFIP-S, or other MFIP grant, the portion of 
 the AFDC or MFIP standard relating to the child; 

    (ii) Supplemental Security Income payments received by or 
 on behalf of the child; 

    (iii) veteran's benefits received by or on behalf of the 
 child; and 

    (iv) any other income of the child, including child support 
 payments made on behalf of the child. 

    (3) The relative custody assistance payment to be made to 
 the relative custodian shall be a percentage of the net maximum 
 assistance rate calculated in clause (2) based upon the gross 
 income of the relative custodian's family, including the child 
 for whom the relative has permanent legal and physical custody.  
 In no case shall the amount of the relative custody assistance 
 payment exceed that which the child could qualify for under the 
 adoption assistance program if an adoption assistance agreement 
 were entered on the child's behalf.  The relative custody 
 assistance payment shall be calculated as follows: 

    (i) if the relative custodian's gross family income is less 
 than or equal to 200 percent of federal poverty guidelines, the 
 relative custody assistance payment shall be the full amount of 
 the net maximum assistance rate; 

    (ii) if the relative custodian's gross family income is 
 greater than 200 percent and less than or equal to 225 percent 
 of federal poverty guidelines, the relative custody assistance 
 payment shall be 80 percent of the net maximum assistance rate; 

    (iii) if the relative custodian's gross family income is 
 greater than 225 percent and less than or equal to 250 percent 
 of federal poverty guidelines, the relative custody assistance 
 payment shall be 60 percent of the net maximum assistance rate; 

    (iv) if the relative custodian's gross family income is 
 greater than 250 percent and less than or equal to 275 percent 
 of federal poverty guidelines, the relative custody assistance 
 payment shall be 40 percent of the net maximum assistance rate; 

    (v) if the relative custodian's gross family income is 
 greater than 275 percent and less than or equal to 300 percent 
 of federal poverty guidelines, the relative custody assistance 
 payment shall be 20 percent of the net maximum assistance rate; 
 or 

    (vi) if the relative custodian's gross family income is 
 greater than 300 percent of federal poverty guidelines, no 
 relative custody assistance payment shall be made. 

    (b) This paragraph specifies the provisions pertaining to 
 the relationship between relative custody assistance and AFDC, 
 MFIP-S, or other MFIP programs: 

    (1) the relative custodian of a child for whom the relative 
 is receiving relative custody assistance is expected to seek 
 whatever assistance is available for the child through the AFDC, 
 MFIP-S, or other MFIP programs.  If a relative custodian fails 
 to apply for assistance through AFDC, MFIP-S, or other MFIP 
 program for which the child is eligible, the child's portion of 
 the AFDC or MFIP standard will be calculated as if application 
 had been made and assistance received; 

    (2) the portion of the AFDC or MFIP standard relating to 
 each child for whom relative custody assistance is being 
 received shall be calculated as follows: 

    (i) determine the total AFDC or MFIP standard for the 
 assistance unit; 

    (ii) determine the amount that the AFDC or MFIP standard 
 would have been if the assistance unit had not included the 
 children for whom relative custody assistance is being received; 

    (iii) subtract the amount determined in item (ii) from the 
 amount determined in item (i); and 

    (iv) divide the result in item (iii) by the number of 
 children for whom relative custody assistance is being received 
 that are part of the assistance unit; or 

    (3) if a child for whom relative custody assistance is 
 being received is not eligible for assistance through the AFDC, 
 MFIP-S, or other MFIP programs, the portion of AFDC or MFIP 
 standard relating to that child shall be equal to zero. 

    Subd. 8.    Annual affidavit.  When a relative custody 
 assistance agreement remains in effect for more than one year, 
 the local agency shall require the relative custodian to 
 annually submit an affidavit in a form to be specified by the 
 commissioner.  The affidavit must be submitted to the local 
 agency each year no later than 30 days after the relative 
 custody assistance agreement's anniversary date.  The affidavit 
 shall document the following: 

    (1) that the child remains in the physical custody of the 
 relative custodian; 

    (2) that there is a continuing need for the relative 
 custody assistance payments due to the child's physical, mental, 
 emotional, or behavioral needs; and 

    (3) the current gross income of the relative custodian's 
 family. 

    The relative custody assistance agreement may be modified 
 based on information or documentation presented to the local 
 agency under this requirement and as required by annual 
 adjustments to the federal poverty guidelines. 

    Subd. 9.    Right of appeal.  A relative custodian who 
 enters into a relative custody assistance agreement with a local 
 agency has the right to appeal to the commissioner according to 
 section 256.045 when the local agency establishes, denies, 
 terminates, or modifies the agreement.  Upon appeal, the 
 commissioner may review only: 

    (1) whether the local agency has met the legal requirements 
 imposed by this chapter for establishing, denying, terminating, 
 or modifying the agreement; 

    (2) whether the amount of the relative custody assistance 
 payment was correctly calculated under the method in subdivision 
 7; 

    (3) whether the local agency paid for correct time periods 
 under the relative custody assistance agreement; 

    (4) whether the child remains in the physical custody of 
 the relative custodian; 

    (5) whether the local agency correctly calculated the 
 amount of the supplemental assistance rate based on a change in 
 the child's physical, mental, emotional, or behavioral needs, 
 the relative custodian's failure to document the continuing need 
 for the supplemental assistance rate after the local agency has 
 requested such documentation; and 

    (6) whether the local agency correctly calculated or 
 terminated the amount of relative custody assistance based on 
 the relative custodian's failure to provide documentation of the 
 gross income of the relative custodian's family after the local 
 agency has requested such documentation. 

    Subd. 10.    Child's county of residence.  For the 
 purposes of the Unitary Residency Act under chapter 256G, time 
 spent by a child in the custody of a relative custodian 
 receiving payments under this section is not excluded time.  A 
 child is a resident of the county where the relative custodian 
 is a resident. 

    Subd. 11.    Financial considerations.  (a) Payment of 
 relative custody assistance under a relative custody assistance 
 agreement is subject to the availability of state funds and 
 payments may be reduced or suspended on order of the 
 commissioner if insufficient funds are available. 

    (b) Upon receipt from a local agency of a claim for 
 reimbursement, the commissioner shall reimburse the local agency 
 in an amount equal to 100 percent of the relative custody 
 assistance payments provided to relative custodians.  The local 
 agency may not seek and the commissioner shall not provide 
 reimbursement for the administrative costs associated with 
 performing the duties described in subdivision 4. 

    (c) For the purposes of determining eligibility or payment 
 amounts under the AFDC, MFIP-S, and other MFIP programs, 
 relative custody assistance payments shall be considered 
 excluded income. 

    HIST: 1997 c 203 art 5 s 21; 1998 c 406 art 1 s 14,15,37; 1998 
 c 407 art 9 s 14