1.1    .................... moves to amend H. F. No. 297, the delete everything amendment
1.2(A07-0645), as follows:
1.3Page 1, after line 23, insert:

1.4    "Sec. 2. Minnesota Statutes 2006, section 256.01, subdivision 2, is amended to read:
1.5    Subd. 2. Specific powers. Subject to the provisions of section 241.021, subdivision
1.62 , the commissioner of human services shall carry out the specific duties in paragraphs (a)
1.7through (cc):
1.8    (a) Administer and supervise all forms of public assistance provided for by state law
1.9and other welfare activities or services as are vested in the commissioner. Administration
1.10and supervision of human services activities or services includes, but is not limited to,
1.11assuring timely and accurate distribution of benefits, completeness of service, and quality
1.12program management. In addition to administering and supervising human services
1.13activities vested by law in the department, the commissioner shall have the authority to:
1.14    (1) require county agency participation in training and technical assistance programs
1.15to promote compliance with statutes, rules, federal laws, regulations, and policies
1.16governing human services;
1.17    (2) monitor, on an ongoing basis, the performance of county agencies in the
1.18operation and administration of human services, enforce compliance with statutes, rules,
1.19federal laws, regulations, and policies governing welfare services and promote excellence
1.20of administration and program operation;
1.21    (3) develop a quality control program or other monitoring program to review county
1.22performance and accuracy of benefit determinations;
1.23    (4) require county agencies to make an adjustment to the public assistance benefits
1.24issued to any individual consistent with federal law and regulation and state law and rule
1.25and to issue or recover benefits as appropriate;
1.26    (5) delay or deny payment of all or part of the state and federal share of benefits and
1.27administrative reimbursement according to the procedures set forth in section 256.017;
2.1    (6) make contracts with and grants to public and private agencies and organizations,
2.2both profit and nonprofit, and individuals, using appropriated funds; and
2.3    (7) enter into contractual agreements with federally recognized Indian tribes with
2.4a reservation in Minnesota to the extent necessary for the tribe to operate a federally
2.5approved family assistance program or any other program under the supervision of the
2.6commissioner. The commissioner shall consult with the affected county or counties in
2.7the contractual agreement negotiations, if the county or counties wish to be included,
2.8in order to avoid the duplication of county and tribal assistance program services. The
2.9commissioner may establish necessary accounts for the purposes of receiving and
2.10disbursing funds as necessary for the operation of the programs.
2.11    (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
2.12regulation, and policy necessary to county agency administration of the programs.
2.13    (c) Administer and supervise all child welfare activities; promote the enforcement of
2.14laws protecting disabled, dependent, neglected and delinquent children, and children born
2.15to mothers who were not married to the children's fathers at the times of the conception
2.16nor at the births of the children; license and supervise child-caring and child-placing
2.17agencies and institutions; supervise the care of children in boarding and foster homes or
2.18in private institutions; and generally perform all functions relating to the field of child
2.19welfare now vested in the State Board of Control.
2.20    (d) Administer and supervise all noninstitutional service to disabled persons,
2.21including those who are visually impaired, hearing impaired, or physically impaired
2.22or otherwise disabled. The commissioner may provide and contract for the care and
2.23treatment of qualified indigent children in facilities other than those located and available
2.24at state hospitals when it is not feasible to provide the service in state hospitals.
2.25    (e) Assist and actively cooperate with other departments, agencies and institutions,
2.26local, state, and federal, by performing services in conformity with the purposes of Laws
2.271939, chapter 431.
2.28    (f) Act as the agent of and cooperate with the federal government in matters of
2.29mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
2.30431, including the administration of any federal funds granted to the state to aid in the
2.31performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
2.32and including the promulgation of rules making uniformly available medical care benefits
2.33to all recipients of public assistance, at such times as the federal government increases its
2.34participation in assistance expenditures for medical care to recipients of public assistance,
2.35the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
3.1    (g) Establish and maintain any administrative units reasonably necessary for the
3.2performance of administrative functions common to all divisions of the department.
3.3    (h) Act as designated guardian of both the estate and the person of all the wards of
3.4the state of Minnesota, whether by operation of law or by an order of court, without any
3.5further act or proceeding whatever, except as to persons committed as developmentally
3.6disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
3.7recognized by the Secretary of the Interior whose interests would be best served by
3.8adoptive placement, the commissioner may contract with a licensed child-placing agency
3.9or a Minnesota tribal social services agency to provide adoption services. A contract
3.10with a licensed child-placing agency must be designed to supplement existing county
3.11efforts and may not replace existing county programs or tribal social services, unless the
3.12replacement is agreed to by the county board and the appropriate exclusive bargaining
3.13representative, tribal governing body, or the commissioner has evidence that child
3.14placements of the county continue to be substantially below that of other counties. Funds
3.15encumbered and obligated under an agreement for a specific child shall remain available
3.16until the terms of the agreement are fulfilled or the agreement is terminated.
3.17    (i) Act as coordinating referral and informational center on requests for service for
3.18newly arrived immigrants coming to Minnesota.
3.19    (j) The specific enumeration of powers and duties as hereinabove set forth shall in no
3.20way be construed to be a limitation upon the general transfer of powers herein contained.
3.21    (k) Establish county, regional, or statewide schedules of maximum fees and charges
3.22which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
3.23nursing home care and medicine and medical supplies under all programs of medical
3.24care provided by the state and for congregate living care under the income maintenance
3.25programs.
3.26    (l) Have the authority to conduct and administer experimental projects to test
3.27methods and procedures of administering assistance and services to recipients or potential
3.28recipients of public welfare. To carry out such experimental projects, it is further provided
3.29that the commissioner of human services is authorized to waive the enforcement of
3.30existing specific statutory program requirements, rules, and standards in one or more
3.31counties. The order establishing the waiver shall provide alternative methods and
3.32procedures of administration, shall not be in conflict with the basic purposes, coverage, or
3.33benefits provided by law, and in no event shall the duration of a project exceed four years.
3.34It is further provided that no order establishing an experimental project as authorized by
3.35the provisions of this section shall become effective until the following conditions have
3.36been met:
4.1    (1) the secretary of health and human services of the United States has agreed, for
4.2the same project, to waive state plan requirements relative to statewide uniformity; and
4.3    (2) a comprehensive plan, including estimated project costs, shall be approved by
4.4the Legislative Advisory Commission and filed with the commissioner of administration.
4.5    (m) According to federal requirements, establish procedures to be followed by
4.6local welfare boards in creating citizen advisory committees, including procedures for
4.7selection of committee members.
4.8    (n) Allocate federal fiscal disallowances or sanctions which are based on quality
4.9control error rates for the aid to families with dependent children program formerly
4.10codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
4.11following manner:
4.12    (1) one-half of the total amount of the disallowance shall be borne by the county
4.13boards responsible for administering the programs. For the medical assistance and the
4.14AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
4.15shared by each county board in the same proportion as that county's expenditures for the
4.16sanctioned program are to the total of all counties' expenditures for the AFDC program
4.17formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
4.18food stamp program, sanctions shall be shared by each county board, with 50 percent of
4.19the sanction being distributed to each county in the same proportion as that county's
4.20administrative costs for food stamps are to the total of all food stamp administrative costs
4.21for all counties, and 50 percent of the sanctions being distributed to each county in the
4.22same proportion as that county's value of food stamp benefits issued are to the total of
4.23all benefits issued for all counties. Each county shall pay its share of the disallowance
4.24to the state of Minnesota. When a county fails to pay the amount due hereunder, the
4.25commissioner may deduct the amount from reimbursement otherwise due the county, or
4.26the attorney general, upon the request of the commissioner, may institute civil action
4.27to recover the amount due; and
4.28    (2) notwithstanding the provisions of clause (1), if the disallowance results from
4.29knowing noncompliance by one or more counties with a specific program instruction, and
4.30that knowing noncompliance is a matter of official county board record, the commissioner
4.31may require payment or recover from the county or counties, in the manner prescribed in
4.32clause (1), an amount equal to the portion of the total disallowance which resulted from the
4.33noncompliance, and may distribute the balance of the disallowance according to clause (1).
4.34    (o) Develop and implement special projects that maximize reimbursements and
4.35result in the recovery of money to the state. For the purpose of recovering state money,
4.36the commissioner may enter into contracts with third parties. Any recoveries that result
5.1from projects or contracts entered into under this paragraph shall be deposited in the
5.2state treasury and credited to a special account until the balance in the account reaches
5.3$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
5.4transferred and credited to the general fund. All money in the account is appropriated to
5.5the commissioner for the purposes of this paragraph.
5.6    (p) Have the authority to make direct payments to facilities providing shelter
5.7to women and their children according to section 256D.05, subdivision 3. Upon
5.8the written request of a shelter facility that has been denied payments under section
5.9256D.05, subdivision 3 , the commissioner shall review all relevant evidence and make
5.10a determination within 30 days of the request for review regarding issuance of direct
5.11payments to the shelter facility. Failure to act within 30 days shall be considered a
5.12determination not to issue direct payments.
5.13    (q) Have the authority to establish and enforce the following county reporting
5.14requirements:
5.15    (1) the commissioner shall establish fiscal and statistical reporting requirements
5.16necessary to account for the expenditure of funds allocated to counties for human
5.17services programs. When establishing financial and statistical reporting requirements, the
5.18commissioner shall evaluate all reports, in consultation with the counties, to determine if
5.19the reports can be simplified or the number of reports can be reduced;
5.20    (2) the county board shall submit monthly or quarterly reports to the department
5.21as required by the commissioner. Monthly reports are due no later than 15 working days
5.22after the end of the month. Quarterly reports are due no later than 30 calendar days after
5.23the end of the quarter, unless the commissioner determines that the deadline must be
5.24shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
5.25or risking a loss of federal funding. Only reports that are complete, legible, and in the
5.26required format shall be accepted by the commissioner;
5.27    (3) if the required reports are not received by the deadlines established in clause (2),
5.28the commissioner may delay payments and withhold funds from the county board until
5.29the next reporting period. When the report is needed to account for the use of federal
5.30funds and the late report results in a reduction in federal funding, the commissioner shall
5.31withhold from the county boards with late reports an amount equal to the reduction in
5.32federal funding until full federal funding is received;
5.33    (4) a county board that submits reports that are late, illegible, incomplete, or not
5.34in the required format for two out of three consecutive reporting periods is considered
5.35noncompliant. When a county board is found to be noncompliant, the commissioner
5.36shall notify the county board of the reason the county board is considered noncompliant
6.1and request that the county board develop a corrective action plan stating how the
6.2county board plans to correct the problem. The corrective action plan must be submitted
6.3to the commissioner within 45 days after the date the county board received notice
6.4of noncompliance;
6.5    (5) the final deadline for fiscal reports or amendments to fiscal reports is one year
6.6after the date the report was originally due. If the commissioner does not receive a report
6.7by the final deadline, the county board forfeits the funding associated with the report for
6.8that reporting period and the county board must repay any funds associated with the
6.9report received for that reporting period;
6.10    (6) the commissioner may not delay payments, withhold funds, or require repayment
6.11under clause (3) or (5) if the county demonstrates that the commissioner failed to
6.12provide appropriate forms, guidelines, and technical assistance to enable the county to
6.13comply with the requirements. If the county board disagrees with an action taken by the
6.14commissioner under clause (3) or (5), the county board may appeal the action according
6.15to sections 14.57 to 14.69; and
6.16    (7) counties subject to withholding of funds under clause (3) or forfeiture or
6.17repayment of funds under clause (5) shall not reduce or withhold benefits or services to
6.18clients to cover costs incurred due to actions taken by the commissioner under clause
6.19(3) or (5).
6.20    (r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
6.21federal fiscal disallowances or sanctions are based on a statewide random sample for
6.22the foster care program under title IV-E of the Social Security Act, United States Code,
6.23title 42, in direct proportion to each county's title IV-E foster care maintenance claim
6.24for that period.
6.25    (s) Be responsible for ensuring the detection, prevention, investigation, and
6.26resolution of fraudulent activities or behavior by applicants, recipients, and other
6.27participants in the human services programs administered by the department.
6.28    (t) Require county agencies to identify overpayments, establish claims, and utilize
6.29all available and cost-beneficial methodologies to collect and recover these overpayments
6.30in the human services programs administered by the department.
6.31    (u) Have the authority to administer a drug rebate program for drugs purchased
6.32pursuant to the prescription drug program established under section 256.955 after the
6.33beneficiary's satisfaction of any deductible established in the program. The commissioner
6.34shall require a rebate agreement from all manufacturers of covered drugs as defined in
6.35section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
6.36or after July 1, 2002, must include rebates for individuals covered under the prescription
7.1drug program who are under 65 years of age. For each drug, the amount of the rebate shall
7.2be equal to the rebate as defined for purposes of the federal rebate program in United
7.3States Code, title 42, section 1396r-8. The manufacturers must provide full payment
7.4within 30 days of receipt of the state invoice for the rebate within the terms and conditions
7.5used for the federal rebate program established pursuant to section 1927 of title XIX of
7.6the Social Security Act. The manufacturers must provide the commissioner with any
7.7information necessary to verify the rebate determined per drug. The rebate program shall
7.8utilize the terms and conditions used for the federal rebate program established pursuant to
7.9section 1927 of title XIX of the Social Security Act.
7.10    (v) Have the authority to administer the federal drug rebate program for drugs
7.11purchased under the medical assistance program as allowed by section 1927 of title XIX
7.12of the Social Security Act and according to the terms and conditions of section 1927.
7.13Rebates shall be collected for all drugs that have been dispensed or administered in an
7.14outpatient setting and that are from manufacturers who have signed a rebate agreement
7.15with the United States Department of Health and Human Services.
7.16    (w) Have the authority to administer a supplemental drug rebate program for drugs
7.17purchased under the medical assistance program. The commissioner may enter into
7.18supplemental rebate contracts with pharmaceutical manufacturers and may require prior
7.19authorization for drugs that are from manufacturers that have not signed a supplemental
7.20rebate contract. Prior authorization of drugs shall be subject to the provisions of section
7.21256B.0625, subdivision 13 .
7.22    (x) Operate the department's communication systems account established in Laws
7.231993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
7.24communication costs necessary for the operation of the programs the commissioner
7.25supervises. A communications account may also be established for each regional
7.26treatment center which operates communications systems. Each account must be used
7.27to manage shared communication costs necessary for the operations of the programs the
7.28commissioner supervises. The commissioner may distribute the costs of operating and
7.29maintaining communication systems to participants in a manner that reflects actual usage.
7.30Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
7.31other costs as determined by the commissioner. Nonprofit organizations and state, county,
7.32and local government agencies involved in the operation of programs the commissioner
7.33supervises may participate in the use of the department's communications technology and
7.34share in the cost of operation. The commissioner may accept on behalf of the state any
7.35gift, bequest, devise or personal property of any kind, or money tendered to the state for
7.36any lawful purpose pertaining to the communication activities of the department. Any
8.1money received for this purpose must be deposited in the department's communication
8.2systems accounts. Money collected by the commissioner for the use of communication
8.3systems must be deposited in the state communication systems account and is appropriated
8.4to the commissioner for purposes of this section.
8.5    (y) Receive any federal matching money that is made available through the medical
8.6assistance program for the consumer satisfaction survey. Any federal money received for
8.7the survey is appropriated to the commissioner for this purpose. The commissioner may
8.8expend the federal money received for the consumer satisfaction survey in either year of
8.9the biennium.
8.10    (z) Designate community information and referral call centers and incorporate
8.11cost reimbursement claims from the designated community information and referral
8.12call centers into the federal cost reimbursement claiming processes of the department
8.13according to federal law, rule, and regulations. Existing information and referral centers
8.14provided by Greater Twin Cities United Way or existing call centers for which Greater
8.15Twin Cities United Way has legal authority to represent, shall be included in these
8.16designations upon review by the commissioner and assurance that these services are
8.17accredited and in compliance with national standards. Any reimbursement is appropriated
8.18to the commissioner and all designated information and referral centers shall receive
8.19payments according to normal department schedules established by the commissioner
8.20upon final approval of allocation methodologies from the United States Department of
8.21Health and Human Services Division of Cost Allocation or other appropriate authorities.
8.22    (aa) Develop recommended standards for foster care homes that address the
8.23components of specialized therapeutic services to be provided by foster care homes with
8.24those services.
8.25    (bb) Authorize the method of payment to or from the department as part of the
8.26human services programs administered by the department. This authorization includes the
8.27receipt or disbursement of funds held by the department in a fiduciary capacity as part of
8.28the human services programs administered by the department.
8.29    (cc) Have the authority to administer a drug rebate program for drugs purchased for
8.30persons eligible for general assistance medical care under section 256D.03, subdivision 3.
8.31For manufacturers that agree to participate in the general assistance medical care rebate
8.32program, the commissioner shall enter into a rebate agreement for covered drugs as
8.33defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
8.34rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
8.35United States Code, title 42, section 1396r-8. The manufacturers must provide payment
8.36within the terms and conditions used for the federal rebate program established under
9.1section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
9.2the terms and conditions used for the federal rebate program established under section
9.31927 of title XIX of the Social Security Act.
9.4    Effective January 1, 2006, drug coverage under general assistance medical care shall
9.5be limited to those prescription drugs that:
9.6    (1) are covered under the medical assistance program as described in section
9.7256B.0625, subdivisions 13 and 13d ; and
9.8    (2) are provided by manufacturers that have fully executed general assistance
9.9medical care rebate agreements with the commissioner and comply with such agreements.
9.10Prescription drug coverage under general assistance medical care shall conform to
9.11coverage under the medical assistance program according to section 256B.0625,
9.12subdivisions 13 to 13g .
9.13    The rebate revenues collected under the drug rebate program are deposited in the
9.14general fund."
9.15Page 27, after line 18, insert:

9.16    "Sec. 34. Minnesota Statutes 2006, section 259.24, subdivision 3, is amended to read:
9.17    Subd. 3. Child. When the child to be adopted is over 14 years of age, the child's
9.18written consent to adoption by a particular person is also shall be necessary. A child
9.19of any age who is under the guardianship of the commissioner and is legally available
9.20for adoption may not refuse or waive the commissioner's agent's exhaustive efforts to
9.21recruit, identify, and place the child in an adoptive home required under section 260C.317,
9.22subdivision 3, paragraph (b), or sign a document relieving county social services agencies
9.23of all recruitment efforts on the child's behalf.

9.24    Sec. 35. Minnesota Statutes 2006, section 259.53, subdivision 1, is amended to read:
9.25    Subdivision 1. Notice to commissioner; referral for postplacement assessment.
9.26    (a) Upon the filing of a petition for adoption of a child who is:
9.27    (1) under the guardianship of the commissioner or a licensed child-placing agency
9.28according to section 260C.201, subdivision 11, or 260C.317;
9.29    (2) placed by the commissioner, commissioner's agent, or licensed child-placing
9.30agency after a consent to adopt according to section 259.24 or under an agreement
9.31conferring authority to place for adoption according to section 259.25; or
9.32    (3) placed by preadoptive custody order for a direct adoptive placement ordered
9.33by the district court under section 259.47,
9.34the court administrator shall immediately transmit a copy of the petition to the
9.35commissioner of human services.
10.1    (b) The court shall immediately refer the petition to the agency specified below for
10.2completion of a postplacement assessment and report as required by subdivision 2.
10.3    (1) If the child to be adopted has been committed to the guardianship of the
10.4commissioner or an agency under section 260C.317 or an agency has been given authority
10.5to place the child under section 259.25, the court shall refer the petition to that agency,
10.6unless another agency is supervising the placement, in which case the court shall refer the
10.7petition to the supervising agency.
10.8    (2) If the child to be adopted has been placed in the petitioner's home by a direct
10.9adoptive placement, the court shall refer the petition to the agency supervising the
10.10placement under section 259.47, subdivision 3, paragraph (a), clause (6).
10.11    (3) If the child is to be adopted by an individual who is related to the child as defined
10.12by section 245A.02, subdivision 13, and in all other instances not described in clause (1)
10.13or (2), the court shall refer the petition to the local social services agency of the county in
10.14which the prospective adoptive parent lives.

10.15    Sec. 36. Minnesota Statutes 2006, section 259.57, subdivision 1, is amended to read:
10.16    Subdivision 1. Findings; orders. Upon the hearing,
10.17    (a) if the court finds that it is in the best interests of the child that the petition
10.18be granted, a decree of adoption shall be made and recorded in the office of the court
10.19administrator, ordering that henceforth the child shall be the child of the petitioner. In the
10.20decree the court may change the name of the child if desired. After the decree is granted
10.21for a child who is:
10.22    (1) under the guardianship of the commissioner or a licensed child-placing agency
10.23according to section 260C.201, subdivision 11, or 260C.317;
10.24    (2) placed by the commissioner, commissioner's agent, or licensed child-placing
10.25agency after a consent to adopt according to section 259.24 or under an agreement
10.26conferring authority to place for adoption according to section 259.25; or
10.27    (3) adopted after a direct adoptive placement ordered by the district court under
10.28section 259.47,
10.29the court administrator shall immediately mail a copy of the recorded decree to the
10.30commissioner of human services;
10.31    (b) if the court is not satisfied that the proposed adoption is in the best interests of
10.32the child, the court shall deny the petition, and shall order the child returned to the custody
10.33of the person or agency legally vested with permanent custody or certify the case for
10.34appropriate action and disposition to the court having jurisdiction to determine the custody
10.35and guardianship of the child."
10.36Page 27, delete lines 19 to 35
11.1Page 28, delete lines 1 to 17, and insert:

11.2    "Sec. 34. Minnesota Statutes 2006, section 259.67, subdivision 4, is amended to read:
11.3    Subd. 4. Eligibility conditions. (a) The placing agency shall use the AFDC
11.4requirements as specified in federal law as of July 16, 1996, when determining the child's
11.5eligibility for adoption assistance under title IV-E of the Social Security Act. If the child
11.6does not qualify, the placing agency shall certify a child as eligible for state funded
11.7adoption assistance only if the following criteria are met:
11.8    (1) Due to the child's characteristics or circumstances it would be difficult to provide
11.9the child an adoptive home without adoption assistance.
11.10    (2)(i) A placement agency has made reasonable efforts to place the child for adoption
11.11without adoption assistance, but has been unsuccessful; or
11.12    (ii) the child's licensed foster parents desire to adopt the child and it is determined by
11.13the placing agency that the adoption is in the best interest of the child.
11.14    (3) (i) The child has been a ward of the commissioner, a Minnesota-licensed
11.15child-placing agency, or a tribal social service agency of Minnesota recognized by the
11.16Secretary of the Interior; or (ii) the child will adopted according to trial law without a
11.17termination of parental rights or relinquishment, provided that the tribe has documented
11.18the valid reason why the child cannot or should not be returned to the home of the child's
11.19parent. The placing agency shall not certify a child who remains under the jurisdiction
11.20of the sending agency pursuant to section 260.851, article 5, for state-funded adoption
11.21assistance when Minnesota is the receiving state.
11.22    (b) For purposes of this subdivision, the characteristics or circumstances that may
11.23be considered in determining whether a child is a child with special needs under United
11.24States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of
11.25paragraph (a), clause (1), are the following:
11.26    (1) The child is a member of a sibling group to be placed as one unit in which at
11.27least one sibling is older than 15 months of age or is described in clause (2) or (3).
11.28    (2) The child has documented physical, mental, emotional, or behavioral disabilities.
11.29    (3) The child has a high risk of developing physical, mental, emotional, or behavioral
11.30disabilities.
11.31    (4) The child is adopted according to tribal law without a termination of parental
11.32rights or relinquishment, provided that the tribe has documented the valid reason why the
11.33child cannot or should not be returned to the home of the child's parent.
11.34    (4) The child is five years of age or older.
11.35    (c) When a child's eligibility for adoption assistance is based upon the high risk of
11.36developing physical, mental, emotional, or behavioral disabilities, payments shall not be
12.1made under the adoption assistance agreement unless and until the potential disability
12.2manifests itself as documented by an appropriate health care professional."
12.3Page 28, after line 17, insert:

12.4    "Sec. 35. Minnesota Statutes 2006, section 259.67, subdivision 7, is amended to read:
12.5    Subd. 7. Reimbursement of costs. (a) Subject to rules of the commissioner, and
12.6the provisions of this subdivision a child-placing agency licensed in Minnesota or any
12.7other state, or local or tribal social services agency shall receive a reimbursement from the
12.8commissioner equal to 100 percent of the reasonable and appropriate cost of providing
12.9adoption services for a child certified as eligible for adoption assistance under subdivision
12.104. Such assistance. Adoption services under this subdivision may include adoptive family
12.11recruitment, counseling, and special training when needed.
12.12    (b) An eligible child must have a goal of adoption, which may include an adoption
12.13in accordance with tribal law, and meet one of the following criteria:
12.14    (1) is a ward of the commissioner of human services or a ward of tribal court
12.15pursuant to section 260.755, subdivision 12, who meets one of the criteria in subdivision
12.164, paragraph (b), clause (1), (2), or (3); or
12.17    (2) is under the guardianship of a Minnesota-licensed child-placing agency who
12.18meets one of the criteria in subdivision 4, paragraph (b), clause (1) or (2).
12.19    (c) A child-placing agency licensed in Minnesota or any other state shall receive
12.20reimbursement for adoption services it purchases for or directly provides to an eligible
12.21child. Tribal social services shall receive reimbursement for adoption services it purchases
12.22for or directly provides to an eligible child. A local or tribal social services agency shall
12.23receive such reimbursement only for adoption services it purchases for an eligible child.
12.24    A child-placing agency licensed in Minnesota or any other state or local or tribal
12.25social services agency seeking reimbursement under this subdivision shall enter into
12.26 Before providing adoption services for which reimbursement will be sought under this
12.27subdivision, a reimbursement agreement, on the designated format, must be entered into
12.28 with the commissioner before providing adoption services for which reimbursement
12.29is sought. No reimbursement under this subdivision shall be made to an agency for
12.30services provided prior to entering a reimbursement agreement. Separate reimbursement
12.31agreements shall be made for each child and separate records shall be kept on each child
12.32for whom a reimbursement agreement is made. The commissioner of human services shall
12.33agree that the reimbursement costs are reasonable and appropriate. The commissioner
12.34may spend up to $16,000 for each purchase of service agreement. Only one agreement per
12.35child is allowed, unless an exception is granted by the commissioner. Funds encumbered
13.1and obligated under such an agreement for the child remain available until the terms of
13.2the agreement are fulfilled or the agreement is terminated.
13.3    (c) When a local or tribal social services agency uses a purchase of service agreement
13.4to provide services reimbursable under a reimbursement agreement, The commissioner
13.5may shall make reimbursement payments directly to the agency providing the service if
13.6direct reimbursement is specified by the purchase of service agreement, and if the request
13.7for reimbursement is submitted by the local or tribal social services agency along with a
13.8verification that the service was provided.

13.9    Sec. 36. Minnesota Statutes 2006, section 259.75, subdivision 8, is amended to read:
13.10    Subd. 8. Reasons for deferral. Deferral of the listing of a child with the state
13.11adoption exchange shall be only for one or more of the following reasons:
13.12    (a) the child is in an adoptive placement but is not legally adopted;
13.13    (b) the child's foster parents or other individuals are now considering adoption;
13.14    (c) diagnostic study or testing is required to clarify the child's problem and provide
13.15an adequate description; or
13.16    (d) the child is currently in a hospital and continuing need for daily professional care
13.17will not permit placement in a family setting; or.
13.18    (e) the child is 14 years of age or older and will not consent to an adoption plan.
13.19Approval of a request to defer listing for any of the reasons specified in paragraph (b) or
13.20(c) shall be valid for a period not to exceed 90 days, with no subsequent deferrals for
13.21those reasons.

13.22    Sec. 37. Minnesota Statutes 2006, section 260.012, is amended to read:
13.23260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
13.24REUNIFICATION; REASONABLE EFFORTS.
13.25    (a) Once a child alleged to be in need of protection or services is under the court's
13.26jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
13.27services, by the social services agency are made to prevent placement or to eliminate the
13.28need for removal and to reunite the child with the child's family at the earliest possible
13.29time, and when a child cannot be reunified with the parent or guardian from whom the
13.30child was removed, the court must ensure that the responsible social services agency
13.31makes reasonable efforts to finalize an alternative permanent plan for the child as provided
13.32in paragraph (e). In determining reasonable efforts to be made with respect to a child and
13.33in making those reasonable efforts, the child's best interests, health, and safety must be of
13.34paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
13.35reunification are always required except upon a determination by the court that a petition
13.36has been filed stating a prima facie case that:
14.1    (1) the parent has subjected a child to egregious harm as defined in section
14.2260C.007, subdivision 14 ;
14.3    (2) the parental rights of the parent to another child have been terminated
14.4involuntarily;
14.5    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
14.6paragraph (a), clause (2);
14.7    (4) the parent's custodial rights to another child have been involuntarily transferred
14.8to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
14.9law of another jurisdiction; or
14.10    (5) the provision of services or further services for the purpose of reunification is
14.11futile and therefore unreasonable under the circumstances.
14.12    (b) When the court makes one of the prima facie determinations under paragraph (a),
14.13either permanency pleadings under section 260C.201, subdivision 11, or a termination
14.14of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
14.15permanency hearing under section 260C.201, subdivision 11, must be held within 30
14.16days of this determination.
14.17    (c) In the case of an Indian child, in proceedings under sections 260B.178 or
14.18260C.178 , 260C.201, and 260C.301 the juvenile court must make findings and conclusions
14.19consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
14.201901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
14.21Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
14.22services agency must provide active efforts as required under United States Code, title
14.2325, section 1911(d).
14.24    (d) "Reasonable efforts to prevent placement" means:
14.25    (1) the agency has made reasonable efforts to prevent the placement of the child in
14.26foster care; or
14.27    (2) given the particular circumstances of the child and family at the time of the
14.28child's removal, there are no services or efforts available which could allow the child to
14.29safely remain in the home.
14.30    (e) "Reasonable efforts to finalize a permanent plan for the child" means due
14.31diligence by the responsible social services agency to:
14.32    (1) reunify the child with the parent or guardian from whom the child was removed;
14.33    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
14.34where appropriate, provide services necessary to enable the noncustodial parent to safely
14.35provide the care, as required by section 260C.212, subdivision 4;
14.36    (3) conduct a relative search as required under section 260C.212, subdivision 5; and
15.1    (4) when the child cannot return to the parent or guardian from whom the child was
15.2removed, to plan for and finalize a safe and legally permanent alternative home for the
15.3child, and considers permanent alternative homes for the child inside or outside of the
15.4state, preferably through adoption or transfer of permanent legal and physical custody of
15.5the child.
15.6    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible
15.7social services agency to use culturally appropriate and available services to meet the
15.8needs of the child and the child's family. Services may include those provided by the
15.9responsible social services agency and other culturally appropriate services available in
15.10the community. At each stage of the proceedings where the court is required to review
15.11the appropriateness of the responsible social services agency's reasonable efforts as
15.12described in paragraphs (a), (d), and (e), the social services agency has the burden of
15.13demonstrating that:
15.14    (1) it has made reasonable efforts to prevent placement of the child in foster care;
15.15    (2) it has made reasonable efforts to eliminate the need for removal of the child from
15.16the child's home and to reunify the child with the child's family at the earliest possible time;
15.17    (3) it has made reasonable efforts to finalize an alternative permanent home for
15.18the child, and considers permanent alternative homes for the child inside or outside of
15.19the state; or
15.20    (4) reasonable efforts to prevent placement and to reunify the child with the parent
15.21or guardian are not required. The agency may meet this burden by stating facts in a sworn
15.22petition filed under section 260C.141, by filing an affidavit summarizing the agency's
15.23reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
15.24efforts to reunify the parent and child, or through testimony or a certified report required
15.25under juvenile court rules.
15.26    (g) Once the court determines that reasonable efforts for reunification are not
15.27required because the court has made one of the prima facie determinations under paragraph
15.28(a), the court may only require reasonable efforts for reunification after a hearing according
15.29to section 260C.163, where the court finds there is not clear and convincing evidence of
15.30the facts upon which the court based its prima facie determination. In this case when there
15.31is clear and convincing evidence that the child is in need of protection or services, the
15.32court may find the child in need of protection or services and order any of the dispositions
15.33available under section 260C.201, subdivision 1. Reunification of a surviving child with a
15.34parent is not required if the parent has been convicted of:
16.1    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections
16.2609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
16.3parent;
16.4    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
16.5surviving child; or
16.6    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States
16.7Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.
16.8    (h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
16.9260C.201 , and 260C.301 shall make findings and conclusions as to the provision of
16.10reasonable efforts. When determining whether reasonable efforts have been made, the
16.11court shall consider whether services to the child and family were:
16.12    (1) relevant to the safety and protection of the child;
16.13    (2) adequate to meet the needs of the child and family;
16.14    (3) culturally appropriate;
16.15    (4) available and accessible;
16.16    (5) consistent and timely; and
16.17    (6) realistic under the circumstances.
16.18    In the alternative, the court may determine that provision of services or further
16.19services for the purpose of rehabilitation is futile and therefore unreasonable under the
16.20circumstances or that reasonable efforts are not required as provided in paragraph (a).
16.21    (i) This section does not prevent out-of-home placement for treatment of a child with
16.22a mental disability when the child's diagnostic assessment or individual treatment plan
16.23indicates that appropriate and necessary treatment cannot be effectively provided outside
16.24of a residential or inpatient treatment program.
16.25    (j) If continuation of reasonable efforts to prevent placement or reunify the child
16.26with the parent or guardian from whom the child was removed is determined by the court
16.27to be inconsistent with the permanent plan for the child or upon the court making one of
16.28the prima facie determinations under paragraph (a), reasonable efforts must be made to
16.29place the child in a timely manner in a safe and permanent home and to complete whatever
16.30steps are necessary to legally finalize the permanent placement of the child.
16.31    (k) Reasonable efforts to place a child for adoption or in another permanent
16.32placement may be made concurrently with reasonable efforts to prevent placement or to
16.33reunify the child with the parent or guardian from whom the child was removed. When
16.34the responsible social services agency decides to concurrently make reasonable efforts for
16.35both reunification and permanent placement away from the parent under paragraph (a), the
16.36agency shall disclose its decision and both plans for concurrent reasonable efforts to all
17.1parties and the court. When the agency discloses its decision to proceed on both plans for
17.2reunification and permanent placement away from the parent, the court's review of the
17.3agency's reasonable efforts shall include the agency's efforts under both plans.

17.4    Sec. 38. Minnesota Statutes 2006, section 260.755, subdivision 12, is amended to read:
17.5    Subd. 12. Indian tribe. "Indian tribe" means an Indian tribe, band, nation, or
17.6other organized group or community of Indians recognized as eligible for the services
17.7provided to Indians by the secretary because of their status as Indians, including any band
17.8Native group under the Alaska Native Claims Settlement Act, United States Code, title 43,
17.9section 1602, and exercising tribal governmental powers.

17.10    Sec. 39. Minnesota Statutes 2006, section 260.755, subdivision 20, is amended to read:
17.11    Subd. 20. Tribal court. "Tribal court" means a court with federally recognized
17.12jurisdiction over child custody proceedings and which is either a court of Indian offenses,
17.13or a court established and operated under the code or custom of an Indian tribe, or the
17.14any other administrative body of a tribe which is vested with authority over child custody
17.15proceedings. Except as provided in section 260.771, subdivision 5, nothing in this chapter
17.16shall be construed as conferring jurisdiction on an Indian tribe.

17.17    Sec. 40. Minnesota Statutes 2006, section 260.761, subdivision 7, is amended to read:
17.18    Subd. 7. Identification of extended family members. Any agency considering
17.19placement of an Indian child shall make reasonable active efforts to identify and locate
17.20extended family members.

17.21    Sec. 41. Minnesota Statutes 2006, section 260.765, subdivision 5, is amended to read:
17.22    Subd. 5. Identification of extended family members. Any agency considering
17.23placement of an Indian child shall make reasonable active efforts to identify and locate
17.24extended family members.

17.25    Sec. 42. Minnesota Statutes 2006, section 260.771, subdivision 1, is amended to read:
17.26    Subdivision 1. Indian tribe jurisdiction. An Indian tribe with a tribal court has
17.27exclusive jurisdiction over a child placement proceeding involving an Indian child who
17.28resides or is domiciled within the reservation of such the tribe at the commencement of
17.29the proceedings, except where jurisdiction is otherwise vested in the state by existing
17.30federal law. When an Indian child is in the legal custody of a person or agency pursuant
17.31to an order of a ward of the tribal court, the Indian tribe retains exclusive jurisdiction,
17.32notwithstanding the residence or domicile of the child.

17.33    Sec. 43. Minnesota Statutes 2006, section 260.771, subdivision 2, is amended to read:
17.34    Subd. 2. Court determination of tribal affiliation of child. In any child placement
17.35proceeding, the court shall establish whether an Indian child is involved and the identity
18.1of the Indian child's tribe. This chapter and the federal Indian Child Welfare Act are
18.2applicable without exception in any child custody proceeding, as defined in the federal act,
18.3involving an Indian child. This chapter applies to child custody proceedings involving
18.4an Indian child whether the child is in the physical or legal custody of an Indian parent,
18.5Indian custodian, Indian extended family member, or other person at the commencement
18.6of the proceedings. A court shall not determine the applicability of this chapter or the
18.7federal Indian Child Welfare Act to a child custody proceeding based upon whether an
18.8Indian child is part of an existing Indian family or based upon the level of contact a child
18.9has with the child's Indian tribe, reservation, society, or off-reservation community.

18.10    Sec. 44. [260.852] PLACEMENT PROCEDURES.
18.11    Subdivision 1. Home study. The state must have procedures for the orderly and
18.12timely interstate placement of children that are implemented in accordance with an
18.13interstate compact and that, within 60 days after the state receives from another state a
18.14request to conduct a study of a home environment for purposes of assessing the safety
18.15and suitability of placing a child in the home, the state shall, directly or by contract,
18.16conduct and complete a home study and return to the other state a report on the results of
18.17the study, which shall address the extent to which placement in the home would meet the
18.18needs of the child; except in the case of a home study begun before October 1, 2008, if the
18.19state fails to comply with conducting and completing the home study within the 60-day
18.20period and this is as a result of circumstances beyond the control of the state, the state has
18.2175 days to comply if the state documents the circumstances involved and certifies that
18.22completing the home study is in the best interests of the child.
18.23    This subdivision does not require the completion within the applicable period of
18.24the parts of the home study involving the education and training of the prospective foster
18.25or adoptive parents.
18.26    Subd. 2. Effect of received report. The state shall treat any report described in
18.27subdivision 1 that is received from another state, an Indian tribe, or a private agency
18.28under contract with another state or Indian tribe as meeting any requirements imposed by
18.29the state for the completion of a home study before placing a child in the home, unless,
18.30within 14 days after receipt of the report, the state determines, based on grounds that
18.31are specific to the content of the report, that making a decision in reliance on the report
18.32would be contrary to the welfare of the child.
18.33    Subd. 3. Resources. The state shall make effective use of cross-jurisdictional
18.34resources including through contract for the purchase of services and shall eliminate legal
18.35barriers to facilitate timely adoptive or permanent placements for waiting children. The
19.1state shall not impose any restriction on the use of private agencies for the purpose of
19.2conducting a home study to meet the 60-day requirement.
19.3    Subd. 4. Incentive eligibility. Minnesota is an incentive-eligible state and must:
19.4    (1) have an approved plan as required by the United States Secretary of Health
19.5and Human Services;
19.6    (2) be in compliance with the data requirements of the United States Department of
19.7Health and Human Services; and
19.8    (3) have data that verify that a home study is completed within 30 days.
19.9    Subd. 5. Data requirements. The state shall provide to the United States Secretary
19.10of Health and Human Services a written report, covering the preceding fiscal year, that
19.11specifies:
19.12    (1) the total number of interstate home studies requested by the state with respect to
19.13children in foster care under the responsibility of the state, and with respect to each such
19.14study, the identity of the other state involved;
19.15    (2) the total number of timely interstate home studies completed by the state with
19.16respect to children in foster care under the responsibility of other states and, with respect
19.17to each such study, the identity of the other state involved; and
19.18    (3) other information the United States Secretary of Health and Human Services
19.19requires in order to determine whether Minnesota is a home study incentive-eligible state.
19.20    Subd. 6. Definitions. (a) The definitions in this subdivision apply to this section.
19.21    (b) "Home study" means an evaluation of a home environment conducted in
19.22accordance with applicable requirements of the state in which the home is located, to
19.23determine whether a proposed placement of a child would meet the individual needs of the
19.24child, including the child's safety, permanency, health, well-being, and mental, emotional,
19.25and physical development.
19.26    (c) "Interstate home study" means a home study conducted by a state at the request
19.27of another state to facilitate an adoptive or foster placement in the state of a child in foster
19.28care under the responsibility of the state.
19.29    (d) "Timely interstate home study" means an interstate home study completed by a
19.30state if the state provides to the state that requested the study, within 30 days after receipt
19.31of the request, a report on the results of the study, except that there is no requirement
19.32for completion within the 30-day period of the parts of the home study involving the
19.33education and training of the prospective foster or adoptive parents.
20.1    Subd. 7. Background study requirements for adoption and foster care. (a)
20.2Background study requirements for an adoption home study must be completed consistent
20.3with section 259.41, subdivisions 1, 2, and 3.
20.4    (b) Background study requirements for a foster care license must be completed
20.5consistent with section 245C.08.
20.6    Subd. 8. Home visits. If a child has been placed in foster care outside the state in
20.7which the home of the parents of the child is located, periodically, but at least every six
20.8months, a caseworker on the staff of the agency of the state in which the home of the
20.9parents of the child is located or the state in which the child has been placed, or a private
20.10agency under contract with either state, must visit the child in the home or institution and
20.11submit a report on each visit to the agency of the state in which the home of the parents of
20.12the child is located.

20.13    Sec. 45. Minnesota Statutes 2006, section 260B.157, subdivision 1, is amended to read:
20.14    Subdivision 1. Investigation. Upon request of the court the local social services
20.15agency or probation officer shall investigate the personal and family history and
20.16environment of any minor coming within the jurisdiction of the court under section
20.17260B.101 and shall report its findings to the court. The court may order any minor coming
20.18within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
20.19psychologist appointed by the court.
20.20    The court shall have order a chemical use assessment conducted when a child is
20.21(1) found to be delinquent for violating a provision of chapter 152, or for committing a
20.22felony-level violation of a provision of chapter 609 if the probation officer determines
20.23that alcohol or drug use was a contributing factor in the commission of the offense, or
20.24(2) alleged to be delinquent for violating a provision of chapter 152, if the child is being
20.25held in custody under a detention order. The assessor's qualifications and the assessment
20.26criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
20.27chapter 254B are to be used to pay for the recommended treatment, the assessment and
20.28placement must comply with all provisions of Minnesota Rules, parts 9530.6600 to
20.299530.6655 and 9530.7000 to 9530.7030. The commissioner of human services shall
20.30reimburse the court for the cost of the chemical use assessment, up to a maximum of $100.
20.31    The court shall have order a children's mental health screening conducted when
20.32a child is found to be delinquent. The screening shall be conducted with a screening
20.33instrument approved by the commissioner of human services and shall be conducted by a
20.34mental health practitioner as defined in section 245.4871, subdivision 26, or a probation
20.35officer who is trained in the use of the screening instrument. If the screening indicates
20.36a need for assessment, the local social services agency, in consultation with the child's
21.1family, shall have a diagnostic assessment conducted, including a functional assessment,
21.2as defined in section 245.4871.
21.3    With the consent of the commissioner of corrections and agreement of the county to
21.4pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction
21.5in an institution maintained by the commissioner for the detention, diagnosis, custody and
21.6treatment of persons adjudicated to be delinquent, in order that the condition of the minor
21.7be given due consideration in the disposition of the case. Any funds received under the
21.8provisions of this subdivision shall not cancel until the end of the fiscal year immediately
21.9following the fiscal year in which the funds were received. The funds are available for
21.10use by the commissioner of corrections during that period and are hereby appropriated
21.11annually to the commissioner of corrections as reimbursement of the costs of providing
21.12these services to the juvenile courts.

21.13    Sec. 46. Minnesota Statutes 2006, section 260C.152, subdivision 5, is amended to read:
21.14    Subd. 5. Notice to foster parents and preadoptive parents and relatives. The
21.15foster parents, if any, of a child and any preadoptive parent or relative providing care
21.16for the child must be provided notice of and an opportunity a right to be heard in any
21.17review or hearing to be held with respect to the child. Any other relative may also request,
21.18and must be granted, a notice and the opportunity to be heard under this section. This
21.19subdivision does not require that a foster parent, preadoptive parent, or relative providing
21.20care for the child be made a party to a review or hearing solely on the basis of the notice
21.21and opportunity right to be heard.

21.22    Sec. 47. Minnesota Statutes 2006, section 260C.163, subdivision 1, is amended to read:
21.23    Subdivision 1. General. (a) Except for hearings arising under section 260C.425,
21.24hearings on any matter shall be without a jury and may be conducted in an informal
21.25manner. In all adjudicatory proceedings involving a child alleged to be in need of
21.26protection or services, the court shall admit only evidence that would be admissible in a
21.27civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of
21.28protection or services must be proved by clear and convincing evidence.
21.29    (b) Except for proceedings involving a child alleged to be in need of protection or
21.30services and petitions for the termination of parental rights, hearings may be continued or
21.31adjourned from time to time. In proceedings involving a child alleged to be in need of
21.32protection or services and petitions for the termination of parental rights, hearings may not
21.33be continued or adjourned for more than one week unless the court makes specific findings
21.34that the continuance or adjournment is in the best interests of the child. If a hearing is held
21.35on a petition involving physical or sexual abuse of a child who is alleged to be in need of
21.36protection or services or neglected and in foster care, the court shall file the decision with
22.1the court administrator as soon as possible but no later than 15 days after the matter is
22.2submitted to the court. When a continuance or adjournment is ordered in any proceeding,
22.3the court may make any interim orders as it deems in the best interests of the minor in
22.4accordance with the provisions of sections 260C.001 to 260C.421.
22.5    (c) Except as otherwise provided in this paragraph, the court shall exclude the
22.6general public from hearings under this chapter and shall admit only those persons who, in
22.7the discretion of the court, have a direct interest in the case or in the work of the court.
22.8    (d) Adoption hearings shall be conducted in accordance with the provisions of
22.9laws relating to adoptions.
22.10    (e) In any permanency hearing, including the transition of a child from foster care
22.11to independent living, the court shall ensure that any consult with the child is in an
22.12age-appropriate manner.

22.13    Sec. 48. Minnesota Statutes 2006, section 260C.201, subdivision 11, is amended to
22.14read:
22.15    Subd. 11. Review of court-ordered placements; permanent placement
22.16determination. (a) This subdivision and subdivision 11a do not apply in cases where
22.17the child is in placement due solely to the child's developmental disability or emotional
22.18disturbance, where legal custody has not been transferred to the responsible social services
22.19agency, and where the court finds compelling reasons under section 260C.007, subdivision
22.208 , to continue the child in foster care past the time periods specified in this subdivision.
22.21Foster care placements of children due solely to their disability are governed by section
22.22260C.141, subdivision 2a . In all other cases where the child is in foster care or in the care
22.23of a noncustodial parent under subdivision 1, the court shall commence proceedings
22.24to determine the permanent status of a child not later than 12 months after the child is
22.25placed in foster care or in the care of a noncustodial parent. At the admit-deny hearing
22.26commencing such proceedings, the court shall determine whether there is a prima facie
22.27basis for finding that the agency made reasonable efforts, or in the case of an Indian
22.28child active efforts, required under section 260.012 and proceed according to the rules of
22.29juvenile court.
22.30    For purposes of this subdivision, the date of the child's placement in foster care is
22.31the earlier of the first court-ordered placement or 60 days after the date on which the
22.32child has been voluntarily placed in foster care by the child's parent or guardian. For
22.33purposes of this subdivision, time spent by a child under the protective supervision of
22.34the responsible social services agency in the home of a noncustodial parent pursuant to
22.35an order under subdivision 1 counts towards the requirement of a permanency hearing
22.36under this subdivision or subdivision 11a. Time spent on a trial home visit does not count
23.1counts towards the requirement of a permanency hearing under this subdivision or and a
23.2permanency review for a child under eight years of age under subdivision 11a.
23.3    For purposes of this subdivision, 12 months is calculated as follows:
23.4    (1) during the pendency of a petition alleging that a child is in need of protection
23.5or services, all time periods when a child is placed in foster care or in the home of a
23.6noncustodial parent are cumulated;
23.7    (2) if a child has been placed in foster care within the previous five years under one
23.8or more previous petitions, the lengths of all prior time periods when the child was placed
23.9in foster care within the previous five years are cumulated. If a child under this clause
23.10has been in foster care for 12 months or more, the court, if it is in the best interests of the
23.11child and for compelling reasons, may extend the total time the child may continue out
23.12of the home under the current petition up to an additional six months before making a
23.13permanency determination.
23.14    (b) Unless the responsible social services agency recommends return of the child
23.15to the custodial parent or parents, not later than 30 days prior to the admit-deny hearing
23.16required under paragraph (a) and the rules of juvenile court, the responsible social services
23.17agency shall file pleadings in juvenile court to establish the basis for the juvenile court to
23.18order permanent placement of the child, including a termination of parental rights petition,
23.19according to paragraph (d). Notice of the hearing and copies of the pleadings must be
23.20provided pursuant to section 260C.152.
23.21    (c) The permanency proceedings shall be conducted in a timely fashion including
23.22that any trial required under section 260C.163 shall be commenced within 60 days of the
23.23admit-deny hearing required under paragraph (a). At the conclusion of the permanency
23.24proceedings, the court shall:
23.25    (1) order the child returned to the care of the parent or guardian from whom the
23.26child was removed; or
23.27    (2) order a permanent placement or termination of parental rights if permanent
23.28placement or termination of parental rights is in the child's best interests. The "best
23.29interests of the child" means all relevant factors to be considered and evaluated. Transfer
23.30of permanent legal and physical custody, termination of parental rights, or guardianship
23.31and legal custody to the commissioner through a consent to adopt are preferred
23.32permanency options for a child who cannot return home.
23.33    (d) If the child is not returned to the home, the court must order one of the following
23.34dispositions:
23.35    (1) permanent legal and physical custody to a relative in the best interests of the
23.36child according to the following conditions:
24.1    (i) an order for transfer of permanent legal and physical custody to a relative shall
24.2only be made after the court has reviewed the suitability of the prospective legal and
24.3physical custodian;
24.4    (ii) in transferring permanent legal and physical custody to a relative, the juvenile
24.5court shall follow the standards applicable under this chapter and chapter 260, and the
24.6procedures set out in the juvenile court rules;
24.7    (iii) an order establishing permanent legal and physical custody under this
24.8subdivision must be filed with the family court;
24.9    (iv) a transfer of legal and physical custody includes responsibility for the protection,
24.10education, care, and control of the child and decision making on behalf of the child;
24.11    (v) the social services agency may bring a petition or motion naming a fit and
24.12willing relative as a proposed permanent legal and physical custodian. The commissioner
24.13of human services shall annually prepare for counties information that must be given to
24.14proposed custodians about their legal rights and obligations as custodians together with
24.15information on financial and medical benefits for which the child is eligible; and
24.16    (vi) the juvenile court may maintain jurisdiction over the responsible social services
24.17agency, the parents or guardian of the child, the child, and the permanent legal and
24.18physical custodian for purposes of ensuring appropriate services are delivered to the child
24.19and permanent legal custodian or for the purpose of ensuring conditions ordered by the
24.20court related to the care and custody of the child are met;
24.21    (2) termination of parental rights when the requirements of sections 260C.301 to
24.22260C.328 are met or according to the following conditions:
24.23    (i) order the social services agency to file a petition for termination of parental
24.24rights in which case all the requirements of sections 260C.301 to 260C.328 remain
24.25applicable; and
24.26    (ii) an adoption completed subsequent to a determination under this subdivision may
24.27include an agreement for communication or contact under section 259.58;
24.28    (3) long-term foster care according to the following conditions:
24.29    (i) the court may order a child into long-term foster care only if it approves the
24.30responsible social service agency's compelling reasons that neither an award of permanent
24.31legal and physical custody to a relative, nor termination of parental rights is in the child's
24.32best interests;
24.33    (ii) further, the court may only order long-term foster care for the child under this
24.34section if it finds the following:
24.35    (A) the child has reached age 12 and the responsible social services agency has made
24.36reasonable efforts to locate and place the child with an adoptive family or with a fit and
25.1willing relative who will agree to a transfer of permanent legal and physical custody of
25.2the child, but such efforts have not proven successful; or
25.3    (B) the child is a sibling of a child described in subitem (A) and the siblings have
25.4a significant positive relationship and are ordered into the same long-term foster care
25.5home; and
25.6    (iii) at least annually, the responsible social services agency reconsiders its provision
25.7of services to the child and the child's placement in long-term foster care to ensure that:
25.8    (A) long-term foster care continues to be the most appropriate legal arrangement
25.9for meeting the child's need for permanency and stability, including whether there is
25.10another permanent placement option under this chapter that would better serve the child's
25.11needs and best interests;
25.12    (B) whenever possible, there is an identified long-term foster care family that is
25.13committed to being the foster family for the child as long as the child is a minor or under
25.14the jurisdiction of the court;
25.15    (C) the child is receiving appropriate services or assistance to maintain or build
25.16connections with the child's family and community;
25.17    (D) the child's physical and mental health needs are being appropriately provided
25.18for; and
25.19    (E) the child's educational needs are being met;
25.20    (4) foster care for a specified period of time according to the following conditions:
25.21    (i) foster care for a specified period of time may be ordered only if:
25.22    (A) the sole basis for an adjudication that the child is in need of protection or
25.23services is the child's behavior;
25.24    (B) the court finds that foster care for a specified period of time is in the best
25.25interests of the child; and
25.26    (C) the court approves the responsible social services agency's compelling reasons
25.27that neither an award of permanent legal and physical custody to a relative, nor termination
25.28of parental rights is in the child's best interests;
25.29    (ii) the order does not specify that the child continue in foster care for any period
25.30exceeding one year; or
25.31    (5) guardianship and legal custody to the commissioner of human services under
25.32the following procedures and conditions:
25.33    (i) there is an identified prospective adoptive home agreed to by the responsible
25.34social services agency having legal custody of the child pursuant to court order under this
25.35section that has agreed to adopt the child and the court accepts the parent's voluntary
25.36consent to adopt under section 259.24, except that such consent executed by a parent under
26.1this item, following proper notice that consent given under this provision is irrevocable
26.2upon acceptance by the court, shall be irrevocable unless fraud is established and an order
26.3issues permitting revocation as stated in item (vii);
26.4    (ii) if the court accepts a consent to adopt in lieu of ordering one of the other
26.5enumerated permanency dispositions, the court must review the matter at least every 90
26.6days. The review will address the reasonable efforts of the agency to achieve a finalized
26.7adoption;
26.8    (iii) a consent to adopt under this clause vests all legal authority regarding the child,
26.9including guardianship and legal custody of the child, with the commissioner of human
26.10services as if the child were a state ward after termination of parental rights;
26.11    (iv) the court must forward a copy of the consent to adopt, together with a certified
26.12copy of the order transferring guardianship and legal custody to the commissioner, to
26.13the commissioner;
26.14    (v) if an adoption is not finalized by the identified prospective adoptive parent within
26.1512 months of the execution of the consent to adopt under this clause, the commissioner of
26.16human services or the commissioner's delegate shall pursue adoptive placement in another
26.17home unless the commissioner certifies that the failure to finalize is not due to either an
26.18action or a failure to act by the prospective adoptive parent;
26.19    (vi) notwithstanding item (v), the commissioner of human services or the
26.20commissioner's designee must pursue adoptive placement in another home as soon as the
26.21commissioner or commissioner's designee determines that finalization of the adoption with
26.22the identified prospective adoptive parent is not possible, that the identified prospective
26.23adoptive parent is not willing to adopt the child, that the identified prospective adoptive
26.24parent is not cooperative in completing the steps necessary to finalize the adoption, or
26.25upon the commissioner's determination to withhold consent to the adoption.
26.26    (vii) unless otherwise required by the Indian Child Welfare Act, United States Code,
26.27title 25, section 1913, a consent to adopt executed under this section, following proper
26.28notice that consent given under this provision is irrevocable upon acceptance by the court,
26.29shall be irrevocable upon acceptance by the court except upon order permitting revocation
26.30issued by the same court after written findings that consent was obtained by fraud.
26.31    (e) In ordering a permanent placement of a child, the court must be governed by the
26.32best interests of the child, including a review of the relationship between the child and
26.33relatives and the child and other important persons with whom the child has resided or
26.34had significant contact. When the court has determined that permanent placement of the
26.35child away from the parent is necessary, the court shall consider permanent alternative
26.36homes that are available both inside and outside the state.
27.1    (f) Once a permanent placement determination has been made and permanent
27.2placement has been established, further court reviews are necessary if:
27.3    (1) the placement is long-term foster care or foster care for a specified period of time;
27.4    (2) the court orders further hearings because it has retained jurisdiction of a transfer
27.5of permanent legal and physical custody matter;
27.6    (3) an adoption has not yet been finalized; or
27.7    (4) there is a disruption of the permanent or long-term placement.
27.8    (g) Court reviews of an order for long-term foster care, whether under this section
27.9or section 260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and
27.10must review the child's out-of-home placement plan and the reasonable efforts of the
27.11agency to finalize the permanent plan for the child including the agency's efforts to:
27.12    (1) ensure that long-term foster care continues to be the most appropriate legal
27.13arrangement for meeting the child's need for permanency and stability or, if not, to identify
27.14and attempt to finalize another permanent placement option under this chapter that would
27.15better serve the child's needs and best interests;
27.16    (2) identify a specific long-term foster home for the child, if one has not already
27.17been identified;
27.18    (3) support continued placement of the child in the identified home, if one has been
27.19identified;
27.20    (4) ensure appropriate services are provided to address the physical health, mental
27.21health, and educational needs of the child during the period of long-term foster care and
27.22also ensure appropriate services or assistance to maintain relationships with appropriate
27.23family members and the child's community; and
27.24    (5) plan for the child's independence upon the child's leaving long-term foster care
27.25living as required under section 260C.212, subdivision 1.
27.26    (h) In the event it is necessary for a child that has been ordered into foster care for a
27.27specified period of time to be in foster care longer than one year after the permanency
27.28hearing held under this section, not later than 12 months after the time the child was
27.29ordered into foster care for a specified period of time, the matter must be returned to
27.30court for a review of the appropriateness of continuing the child in foster care and of the
27.31responsible social services agency's reasonable efforts to finalize a permanent plan for
27.32the child; if it is in the child's best interests to continue the order for foster care for a
27.33specified period of time past a total of 12 months, the court shall set objectives for the
27.34child's continuation in foster care, specify any further amount of time the child may be in
27.35foster care, and review the plan for the safe return of the child to the parent.
28.1    (i) An order permanently placing a child out of the home of the parent or guardian
28.2must include the following detailed findings:
28.3    (1) how the child's best interests are served by the order;
28.4    (2) the nature and extent of the responsible social service agency's reasonable efforts,
28.5or, in the case of an Indian child, active efforts to reunify the child with the parent or
28.6guardian where reasonable efforts are required;
28.7    (3) the parent's or parents' efforts and ability to use services to correct the conditions
28.8which led to the out-of-home placement; and
28.9    (4) that the conditions which led to the out-of-home placement have not been
28.10corrected so that the child can safely return home.
28.11    (j) An order for permanent legal and physical custody of a child may be modified
28.12under sections 518.18 and 518.185. The social services agency is a party to the proceeding
28.13and must receive notice. A parent may only seek modification of an order for long-term
28.14foster care upon motion and a showing by the parent of a substantial change in the parent's
28.15circumstances such that the parent could provide appropriate care for the child and that
28.16removal of the child from the child's permanent placement and the return to the parent's
28.17care would be in the best interest of the child. The responsible social services agency may
28.18ask the court to vacate an order for long-term foster care upon a prima facie showing
28.19that there is a factual basis for the court to order another permanency option under this
28.20chapter and that such an option is in the child's best interests. Upon a hearing where
28.21the court determines that there is a factual basis for vacating the order for long-term
28.22foster care and that another permanent order regarding the placement of the child is in
28.23the child's best interests, the court may vacate the order for long-term foster care and
28.24enter a different order for permanent placement that is in the child's best interests. The
28.25court shall not require further reasonable efforts to reunify the child with the parent or
28.26guardian as a basis for vacating the order for long-term foster care and ordering a different
28.27permanent placement in the child's best interests. The county attorney must file pleadings
28.28and give notice as required under the rules of juvenile court in order to modify an order for
28.29long-term foster care under this paragraph.
28.30    (k) The court shall issue an order required under this section within 15 days of the
28.31close of the proceedings. The court may extend issuing the order an additional 15 days
28.32when necessary in the interests of justice and the best interests of the child.
28.33    (l) This paragraph applies to proceedings required under this subdivision when
28.34the child is on a trial home visit:
28.35    (1) if the child is on a trial home visit 12 months after the child was placed in
28.36foster care or in the care of a noncustodial parent as calculated in this subdivision, the
29.1responsible social services agency may file a report with the court regarding the child's and
29.2parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe
29.3and permanent return to the care of the parent in lieu of filing the pleadings required under
29.4paragraph (b). The court shall make findings regarding reasonableness of the responsible
29.5social services efforts to finalize the child's return home as the permanent order in the best
29.6interests of the child. The court may continue the trial home visit to a total time not to
29.7exceed six months as provided in subdivision 1. If the court finds the responsible social
29.8services agency has not made reasonable efforts to finalize the child's return home as the
29.9permanent order in the best interests of the child, the court may order other or additional
29.10efforts to support the child's remaining in the care of the parent; and
29.11    (2) if a trial home visit ordered or continued at proceedings under this subdivision
29.12terminates, the court shall re-commence proceedings under this subdivision to determine
29.13the permanent status of the child not later than 30 days after the child is returned to foster
29.14care.

29.15    Sec. 49. Minnesota Statutes 2006, section 260C.212, subdivision 1, is amended to read:
29.16    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan
29.17shall be prepared within 30 days after any child is placed in a residential facility by court
29.18order or by the voluntary release of the child by the parent or parents.
29.19    For purposes of this section, a residential facility means any group home, family
29.20foster home or other publicly supported out-of-home residential facility, including any
29.21out-of-home residential facility under contract with the state, county or other political
29.22subdivision, or any agency thereof, to provide those services or foster care as defined in
29.23section 260C.007, subdivision 18.
29.24    (b) An out-of-home placement plan means a written document which is prepared by
29.25the responsible social services agency jointly with the parent or parents or guardian of the
29.26child and in consultation with the child's guardian ad litem, the child's tribe, if the child is
29.27an Indian child, the child's foster parent or representative of the residential facility, and,
29.28where appropriate, the child. For a child in placement due solely or in part to the child's
29.29emotional disturbance, preparation of the out-of-home placement plan shall additionally
29.30include the child's mental health treatment provider. As appropriate, the plan shall be:
29.31    (1) submitted to the court for approval under section 260C.178, subdivision 7;
29.32    (2) ordered by the court, either as presented or modified after hearing, under section
29.33260C.178, subdivision 7 , or 260C.201, subdivision 6; and
29.34    (3) signed by the parent or parents or guardian of the child, the child's guardian ad
29.35litem, a representative of the child's tribe, the responsible social services agency, and, if
29.36possible, the child.
30.1    (c) The out-of-home placement plan shall be explained to all persons involved in its
30.2implementation, including the child who has signed the plan, and shall set forth:
30.3    (1) a description of the residential facility including how the out-of-home placement
30.4plan is designed to achieve a safe placement for the child in the least restrictive, most
30.5family-like, setting available which is in close proximity to the home of the parent or
30.6parents or guardian of the child when the case plan goal is reunification, and how the
30.7placement is consistent with the best interests and special needs of the child according to
30.8the factors under subdivision 2, paragraph (b);
30.9    (2) the specific reasons for the placement of the child in a residential facility, and
30.10when reunification is the plan, a description of the problems or conditions in the home of
30.11the parent or parents which necessitated removal of the child from home and the changes
30.12the parent or parents must make in order for the child to safely return home;
30.13    (3) a description of the services offered and provided to prevent removal of the child
30.14from the home and to reunify the family including:
30.15    (i) the specific actions to be taken by the parent or parents of the child to eliminate
30.16or correct the problems or conditions identified in clause (2), and the time period during
30.17which the actions are to be taken; and
30.18    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
30.19to achieve a safe and stable home for the child including social and other supportive
30.20services to be provided or offered to the parent or parents or guardian of the child, the
30.21child, and the residential facility during the period the child is in the residential facility;
30.22    (4) a description of any services or resources that were requested by the child or the
30.23child's parent, guardian, foster parent, or custodian since the date of the child's placement
30.24in the residential facility, and whether those services or resources were provided and if
30.25not, the basis for the denial of the services or resources;
30.26    (5) the visitation plan for the parent or parents or guardian, other relatives as defined
30.27in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
30.28together in the residential facility, and whether visitation is consistent with the best interest
30.29of the child, during the period the child is in the residential facility;
30.30    (6) documentation of steps to finalize the adoption or legal guardianship of the child
30.31if the court has issued an order terminating the rights of both parents of the child or of
30.32the only known, living parent of the child, and. At a minimum, the documentation must
30.33include child-specific recruitment efforts such as relative search and the use of state,
30.34regional, and national adoption exchanges to facilitate orderly and timely instate and
30.35interstate placements. A copy of this documentation shall be provided to the court in the
30.36review required under section 260C.317, subdivision 3, paragraph (b);
31.1    (7) to the extent available and accessible, the health and educational records of the
31.2child including the most recent information available regarding:
31.3    (i) the names and addresses of the child's health and educational providers;
31.4    (ii) the child's grade level performance;
31.5    (iii) the child's school record;
31.6    (iv) assurances that the child's placement in foster care takes into account proximity
31.7to the school in which the child is enrolled at the time of placement;
31.8    (v) a record of the child's immunizations;
31.9    (vi) the child's known medical problems, including any known communicable
31.10diseases, as defined in section 144.4172, subdivision 2;
31.11    (vii) the child's medications; and
31.12    (viii) any other relevant health and education information;
31.13    (8) an independent living plan for a child age 16 or older who is in placement as
31.14a result of a permanency disposition. The plan should include, but not be limited to,
31.15the following objectives:
31.16    (i) educational, vocational, or employment planning;
31.17    (ii) health care planning and medical coverage;
31.18    (iii) transportation including, where appropriate, assisting the child in obtaining a
31.19driver's license;
31.20    (iv) money management;
31.21    (v) planning for housing;
31.22    (vi) social and recreational skills; and
31.23    (vii) establishing and maintaining connections with the child's family and
31.24community; and
31.25    (9) for a child in placement due solely or in part to the child's emotional disturbance,
31.26diagnostic and assessment information, specific services relating to meeting the mental
31.27health care needs of the child, and treatment outcomes.
31.28    (d) The parent or parents or guardian and the child each shall have the right to legal
31.29counsel in the preparation of the case plan and shall be informed of the right at the time
31.30of placement of the child. The child shall also have the right to a guardian ad litem.
31.31If unable to employ counsel from their own resources, the court shall appoint counsel
31.32upon the request of the parent or parents or the child or the child's legal guardian. The
31.33parent or parents may also receive assistance from any person or social services agency
31.34in preparation of the case plan.
32.1    After the plan has been agreed upon by the parties involved or approved or ordered
32.2by the court, the foster parents shall be fully informed of the provisions of the case plan
32.3and shall be provided a copy of the plan.
32.4    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
32.5physical custodian, as appropriate, and the child, if appropriate, must be provided with
32.6a current copy of the child's health and education record.

32.7    Sec. 50. Minnesota Statutes 2006, section 260C.212, subdivision 4, is amended to read:
32.8    Subd. 4. Responsible social service agency's duties for children in placement. (a)
32.9When a child is in placement, the responsible social services agency shall make diligent
32.10efforts to identify, locate, and, where appropriate, offer services to both parents of the child.
32.11    (1) The responsible social services agency shall assess whether a noncustodial or
32.12nonadjudicated parent is willing and capable of providing for the day-to-day care of the
32.13child temporarily or permanently. An assessment under this clause may include, but
32.14is not limited to, obtaining information under section 260C.209. If after assessment,
32.15the responsible social services agency determines that a noncustodial or nonadjudicated
32.16parent is willing and capable of providing day-to-day care of the child, the responsible
32.17social services agency may seek authority from the custodial parent or the court to have
32.18that parent assume day-to-day care of the child. If a parent is not an adjudicated parent,
32.19the responsible social services agency shall require the nonadjudicated parent to cooperate
32.20with paternity establishment procedures as part of the case plan.
32.21    (2) If, after assessment, the responsible social services agency determines that the
32.22child cannot be in the day-to-day care of either parent, the agency shall:
32.23    (i) prepare an out-of-home placement plan addressing the conditions that each parent
32.24must meet before the child can be in that parent's day-to-day care; and
32.25    (ii) provide a parent who is the subject of a background study under section
32.26260C.209 15 days' notice that it intends to use the study to recommend against putting the
32.27child with that parent, as well as the notice provided in section 260C.209, subdivision 4,
32.28and the court shall afford the parent an opportunity to be heard concerning the study.
32.29    The results of a background study of a noncustodial parent shall not be used by the
32.30agency to determine that the parent is incapable of providing day-to-day care of the child
32.31unless the agency reasonably believes that placement of the child into the home of that
32.32parent would endanger the child's health, safety, or welfare.
32.33    (3) If, after the provision of services following an out-of-home placement plan under
32.34this section, the child cannot return to the care of the parent from whom the child was
32.35removed or who had legal custody at the time the child was placed in foster care, the
32.36agency may petition on behalf of a noncustodial parent to establish legal custody with
33.1that parent under section 260C.201, subdivision 11. If paternity has not already been
33.2established, it may be established in the same proceeding in the manner provided for
33.3under chapter 257.
33.4    (4) The responsible social services agency may be relieved of the requirement to
33.5locate and offer services to both parents by the juvenile court upon a finding of good cause
33.6after the filing of a petition under section 260C.141.
33.7    (b) The responsible social services agency shall give notice to the parent or parents
33.8or guardian of each child in a residential facility, other than a child in placement due
33.9solely to that child's developmental disability or emotional disturbance, of the following
33.10information:
33.11    (1) that residential care of the child may result in termination of parental rights or an
33.12order permanently placing the child out of the custody of the parent, but only after notice
33.13and a hearing as required under chapter 260C and the juvenile court rules;
33.14    (2) time limits on the length of placement and of reunification services, including
33.15the date on which the child is expected to be returned to and safely maintained in the
33.16home of the parent or parents or placed for adoption or otherwise permanently removed
33.17from the care of the parent by court order;
33.18    (3) the nature of the services available to the parent;
33.19    (4) the consequences to the parent and the child if the parent fails or is unable to use
33.20services to correct the circumstances that led to the child's placement;
33.21    (5) the first consideration for placement with relatives;
33.22    (6) the benefit to the child in getting the child out of residential care as soon as
33.23possible, preferably by returning the child home, but if that is not possible, through a
33.24permanent legal placement of the child away from the parent;
33.25    (7) when safe for the child, the benefits to the child and the parent of maintaining
33.26visitation with the child as soon as possible in the course of the case and, in any event,
33.27according to the visitation plan under this section; and
33.28    (8) the financial responsibilities and obligations, if any, of the parent or parents for
33.29the support of the child during the period the child is in the residential facility.
33.30    (c) The responsible social services agency shall inform a parent considering
33.31voluntary placement of a child who is not developmentally disabled or emotionally
33.32disturbed of the following information:
33.33    (1) the parent and the child each has a right to separate legal counsel before signing a
33.34voluntary placement agreement, but not to counsel appointed at public expense;
33.35    (2) the parent is not required to agree to the voluntary placement, and a parent
33.36who enters a voluntary placement agreement may at any time request that the agency
34.1return the child. If the parent so requests, the child must be returned within 24 hours of
34.2the receipt of the request;
34.3    (3) evidence gathered during the time the child is voluntarily placed may be used
34.4at a later time as the basis for a petition alleging that the child is in need of protection
34.5or services or as the basis for a petition seeking termination of parental rights or other
34.6permanent placement of the child away from the parent;
34.7    (4) if the responsible social services agency files a petition alleging that the child is
34.8in need of protection or services or a petition seeking the termination of parental rights
34.9or other permanent placement of the child away from the parent, the parent would have
34.10the right to appointment of separate legal counsel and the child would have a right to the
34.11appointment of counsel and a guardian ad litem as provided by law, and that counsel will
34.12be appointed at public expense if they are unable to afford counsel; and
34.13    (5) the timelines and procedures for review of voluntary placements under
34.14subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a
34.15permanent placement determination hearing under section 260C.201, subdivision 11.
34.16    (d) When an agency accepts a child for placement, the agency shall determine
34.17whether the child has had a physical examination by or under the direction of a licensed
34.18physician within the 12 months immediately preceding the date when the child came into
34.19the agency's care. If there is documentation that the child has had an examination within
34.20the last 12 months, the agency is responsible for seeing that the child has another physical
34.21examination within one year of the documented examination and annually in subsequent
34.22years. If the agency determines that the child has not had a physical examination within
34.23the 12 months immediately preceding placement, the agency shall ensure that the child
34.24has an examination within 30 days of coming into the agency's care and once a year
34.25in subsequent years.
34.26    (e) If a child leaves foster care by reason of having attained the age of majority
34.27under state law, the child must be given at no cost a copy of the child's health and
34.28education report.

34.29    Sec. 51. Minnesota Statutes 2006, section 260C.212, subdivision 9, is amended to read:
34.30    Subd. 9. Review of certain child placements. (a) When a developmentally
34.31disabled child or emotionally disturbed child needs placement in a residential facility for
34.32the sole reason of accessing services or a level of skilled care that cannot be provided in
34.33the parent's home, the child must be placed pursuant to a voluntary placement agreement
34.34between the responsible social services agency and the child's parent. The voluntary
34.35placement agreement must give the responsible social services agency legal responsibility
34.36for the child's physical care, custody, and control, but must not transfer legal custody of
35.1the child to the agency. The voluntary placement agreement must be executed in a form
35.2developed and promulgated by the commissioner of human services. The responsible
35.3social services agency shall report to the commissioner the number of children who are the
35.4subject of a voluntary placement agreement under this subdivision and other information
35.5regarding these children as the commissioner may require.
35.6    (b) If a developmentally disabled child or a child diagnosed as emotionally disturbed
35.7has been placed in a residential facility pursuant to a voluntary release by the child's parent
35.8or parents because of the child's disabling conditions or need for long-term residential
35.9treatment or supervision, the social services agency responsible for the placement shall
35.10report to the court and bring a petition for review of the child's foster care status as
35.11required in section 260C.141, subdivision 2a.
35.12    (b) (c) If a child is in placement due solely to the child's developmental disability or
35.13emotional disturbance, and the court finds compelling reasons not to proceed under section
35.14260C.201, subdivision 11 , and custody of the child is not transferred to the responsible
35.15social services agency under section 260C.201, subdivision 1, paragraph (a), clause (2),
35.16and no petition is required by section 260C.201, subdivision 11.
35.17    (c) (d) Whenever a petition for review is brought pursuant to this subdivision, a
35.18guardian ad litem shall be appointed for the child.

35.19    Sec. 52. Minnesota Statutes 2006, section 260C.317, subdivision 3, is amended to read:
35.20    Subd. 3. Order; retention of jurisdiction. (a) A certified copy of the findings and
35.21the order terminating parental rights, and a summary of the court's information concerning
35.22the child shall be furnished by the court to the commissioner or the agency to which
35.23guardianship is transferred. The orders shall be on a document separate from the findings.
35.24The court shall furnish the individual to whom guardianship is transferred a copy of the
35.25order terminating parental rights.
35.26    (b) The court shall retain jurisdiction in a case where adoption is the intended
35.27permanent placement disposition until the child's adoption is finalized, the child is 18 years
35.28of age, or the child is otherwise ordered discharged from the jurisdiction of the court. The
35.29guardian ad litem and counsel for the child shall continue on the case until an adoption
35.30decree is entered. A hearing must be held every 90 days following termination of parental
35.31rights for the court to review progress toward an adoptive placement and the specific
35.32recruitment efforts the agency has taken to find an adoptive family or other placement
35.33living arrangement for the child and to finalize the adoption or other permanency plan.
35.34    (c) The responsible social services agency may make a determination of compelling
35.35reasons for a child to be in long-term foster care when the agency has made exhaustive
35.36efforts to recruit, identify, and place the child in an adoptive home, and the child continues
36.1in foster care for at least 24 months after the court has issued the order terminating
36.2parental rights. A child of any age who is under the guardianship of the commissioner of
36.3the Department of Human Services and is legally available for adoption may not refuse
36.4or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the
36.5child in an adoptive home required under paragraph (b) or sign a document relieving
36.6county social services agencies of all recruitment efforts on the child's behalf. Upon
36.7approving the agency's determination of compelling reasons, the court may order the
36.8child placed in long-term foster care. At least every 12 months thereafter as long as the
36.9child continues in out-of-home placement, the court shall conduct a permanency review
36.10hearing to determine the future status of the child using the review requirements of section
36.11260C.201, subdivision 11 , paragraph (g).
36.12    (d) The court shall retain jurisdiction through the child's minority in a case where
36.13long-term foster care is the permanent disposition whether under paragraph (c) or section
36.14260C.201, subdivision 11 .

36.15    Sec. 53. Minnesota Statutes 2006, section 260C.331, subdivision 1, is amended to read:
36.16    Subdivision 1. Care, examination, or treatment. (a) Except where parental rights
36.17are terminated,
36.18    (1) whenever legal custody of a child is transferred by the court to a responsible
36.19social services agency,
36.20    (2) whenever legal custody is transferred to a person other than the responsible social
36.21services agency, but under the supervision of the responsible social services agency, or
36.22    (3) whenever a child is given physical or mental examinations or treatment under
36.23order of the court, and no provision is otherwise made by law for payment for the care,
36.24examination, or treatment of the child, these costs are a charge upon the welfare funds of
36.25the county in which proceedings are held upon certification of the judge of juvenile court.
36.26    (b) The court shall order, and the responsible social services agency shall require,
36.27the parents or custodian of a child, while the child is under the age of 18, to use the
36.28total income and resources attributable to the child for the period of care, examination,
36.29or treatment, except for clothing and personal needs allowance as provided in section
36.30256B.35 , to reimburse the county for the cost of care, examination, or treatment. Income
36.31and resources attributable to the child include, but are not limited to, Social Security
36.32benefits, supplemental security income (SSI), veterans benefits, railroad retirement
36.33benefits and child support. When the child is over the age of 18, and continues to receive
36.34care, examination, or treatment, the court shall order, and the responsible social services
36.35agency shall require, reimbursement from the child for the cost of care, examination, or
36.36treatment from the income and resources attributable to the child less the clothing and
37.1personal needs allowance. Income does not include earnings from a child over 18 who is
37.2working as part of a plan under section 260C.212, subdivision 1, paragraph (c), clause
37.3(8), to transition from foster care.
37.4    (c) If the income and resources attributable to the child are not enough to reimburse
37.5the county for the full cost of the care, examination, or treatment, the court shall inquire
37.6into the ability of the parents to support the child and, after giving the parents a reasonable
37.7opportunity to be heard, the court shall order, and the responsible social services agency
37.8shall require, the parents to contribute to the cost of care, examination, or treatment of
37.9the child. When determining the amount to be contributed by the parents, the court shall
37.10use a fee schedule based upon ability to pay that is established by the responsible social
37.11services agency and approved by the commissioner of human services. The income of
37.12a stepparent who has not adopted a child shall be excluded in calculating the parental
37.13contribution under this section.
37.14    (d) The court shall order the amount of reimbursement attributable to the parents
37.15or custodian, or attributable to the child, or attributable to both sources, withheld under
37.16chapter 518A from the income of the parents or the custodian of the child. A parent or
37.17custodian who fails to pay without good reason may be proceeded against for contempt, or
37.18the court may inform the county attorney, who shall proceed to collect the unpaid sums,
37.19or both procedures may be used.
37.20    (e) If the court orders a physical or mental examination for a child, the examination
37.21is a medically necessary service for purposes of determining whether the service is
37.22covered by a health insurance policy, health maintenance contract, or other health
37.23coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
37.24requirements for medical necessity. Nothing in this paragraph changes or eliminates
37.25benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
37.26or other requirements in the policy, contract, or plan that relate to coverage of other
37.27medically necessary services.

37.28    Sec. 54. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:
37.29    Subd. 2. Definitions. As used in this section, the following terms have the meanings
37.30given them unless the specific content indicates otherwise:
37.31    (a) "Family assessment" means a comprehensive assessment of child safety, risk
37.32of subsequent child maltreatment, and family strengths and needs that is applied to a
37.33child maltreatment report that does not allege substantial child endangerment. Family
37.34assessment does not include a determination as to whether child maltreatment occurred
37.35but does determine the need for services to address the safety of family members and the
37.36risk of subsequent maltreatment.
38.1    (b) "Investigation" means fact gathering related to the current safety of a child
38.2and the risk of subsequent maltreatment that determines whether child maltreatment
38.3occurred and whether child protective services are needed. An investigation must be used
38.4when reports involve substantial child endangerment, and for reports of maltreatment in
38.5facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
38.6144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
38.713, and 124D.10; or in a nonlicensed personal care provider association as defined in
38.8sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
38.9    (c) "Substantial child endangerment" means a person responsible for a child's care,
38.10and in the case of sexual abuse includes a person who has a significant relationship to the
38.11child as defined in section 609.341, or a person in a position of authority as defined in
38.12section 609.341, who by act or omission commits or attempts to commit an act against a
38.13child under their care that constitutes any of the following:
38.14    (1) egregious harm as defined in section 260C.007, subdivision 14;
38.15    (2) sexual abuse as defined in paragraph (d);
38.16    (3) abandonment under section 260C.301, subdivision 2;
38.17    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
38.18child's physical or mental health, including a growth delay, which may be referred to as
38.19failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
38.20    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
38.21609.195;
38.22    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
38.23    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
38.24609.223;
38.25    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
38.26    (9) criminal sexual conduct under sections 609.342 to 609.3451;
38.27    (10) solicitation of children to engage in sexual conduct under section 609.352;
38.28    (11) malicious punishment or neglect or endangerment of a child under section
38.29609.377 or 609.378;
38.30    (12) use of a minor in sexual performance under section 617.246; or
38.31    (13) parental behavior, status, or condition which mandates that the county attorney
38.32file a termination of parental rights petition under section 260C.301, subdivision 3,
38.33paragraph (a).
38.34    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
38.35child's care, by a person who has a significant relationship to the child, as defined in
38.36section 609.341, or by a person in a position of authority, as defined in section 609.341,
39.1subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
39.2conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
39.3609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
39.4in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
39.5abuse also includes any act which involves a minor which constitutes a violation of
39.6prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
39.7threatened sexual abuse.
39.8    (e) "Person responsible for the child's care" means (1) an individual functioning
39.9within the family unit and having responsibilities for the care of the child such as a
39.10parent, guardian, or other person having similar care responsibilities, or (2) an individual
39.11functioning outside the family unit and having responsibilities for the care of the child
39.12such as a teacher, school administrator, other school employees or agents, or other lawful
39.13custodian of a child having either full-time or short-term care responsibilities including,
39.14but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
39.15and coaching.
39.16    (f) "Neglect" means:
39.17    (1) failure by a person responsible for a child's care to supply a child with necessary
39.18food, clothing, shelter, health, medical, or other care required for the child's physical or
39.19mental health when reasonably able to do so;
39.20    (2) failure to protect a child from conditions or actions that seriously endanger the
39.21child's physical or mental health when reasonably able to do so, including a growth delay,
39.22which may be referred to as a failure to thrive, that has been diagnosed by a physician and
39.23is due to parental neglect;
39.24    (3) failure to provide for necessary supervision or child care arrangements
39.25appropriate for a child after considering factors as the child's age, mental ability, physical
39.26condition, length of absence, or environment, when the child is unable to care for the
39.27child's own basic needs or safety, or the basic needs or safety of another child in their care;
39.28    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
39.29260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
39.30child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
39.31    (5) nothing in this section shall be construed to mean that a child is neglected solely
39.32because the child's parent, guardian, or other person responsible for the child's care in
39.33good faith selects and depends upon spiritual means or prayer for treatment or care of
39.34disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
39.35or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
39.36if a lack of medical care may cause serious danger to the child's health. This section does
40.1not impose upon persons, not otherwise legally responsible for providing a child with
40.2necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
40.3    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
40.4subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
40.5symptoms in the child at birth, results of a toxicology test performed on the mother at
40.6delivery or the child at birth, or medical effects or developmental delays during the child's
40.7first year of life that medically indicate prenatal exposure to a controlled substance;
40.8    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
40.9    (8) chronic and severe use of alcohol or a controlled substance by a parent or
40.10person responsible for the care of the child that adversely affects the child's basic needs
40.11and safety; or
40.12    (9) emotional harm from a pattern of behavior which contributes to impaired
40.13emotional functioning of the child which may be demonstrated by a substantial and
40.14observable effect in the child's behavior, emotional response, or cognition that is not
40.15within the normal range for the child's age and stage of development, with due regard to
40.16the child's culture.
40.17    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
40.18inflicted by a person responsible for the child's care on a child other than by accidental
40.19means, or any physical or mental injury that cannot reasonably be explained by the child's
40.20history of injuries, or any aversive or deprivation procedures, or regulated interventions,
40.21that have not been authorized under section 121A.67 or 245.825. Abuse does not include
40.22reasonable and moderate physical discipline of a child administered by a parent or legal
40.23guardian which does not result in an injury. Abuse does not include the use of reasonable
40.24force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
40.25which are not reasonable and moderate include, but are not limited to, any of the following
40.26that are done in anger or without regard to the safety of the child:
40.27    (1) throwing, kicking, burning, biting, or cutting a child;
40.28    (2) striking a child with a closed fist;
40.29    (3) shaking a child under age three;
40.30    (4) striking or other actions which result in any nonaccidental injury to a child
40.31under 18 months of age;
40.32    (5) unreasonable interference with a child's breathing;
40.33    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
40.34    (7) striking a child under age one on the face or head;
40.35    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
40.36substances which were not prescribed for the child by a practitioner, in order to control or
41.1punish the child; or other substances that substantially affect the child's behavior, motor
41.2coordination, or judgment or that results in sickness or internal injury, or subjects the
41.3child to medical procedures that would be unnecessary if the child were not exposed
41.4to the substances;
41.5    (9) unreasonable physical confinement or restraint not permitted under section
41.6609.379, including but not limited to tying, caging, or chaining; or
41.7    (10) in a school facility or school zone, an act by a person responsible for the child's
41.8care that is a violation under section 121A.58.
41.9    (h) "Report" means any report received by the local welfare agency, police
41.10department, county sheriff, or agency responsible for assessing or investigating
41.11maltreatment pursuant to this section.
41.12    (i) "Facility" means:
41.13    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
41.14sanitarium, or other facility or institution required to be licensed under sections 144.50 to
41.15144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
41.16    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
41.17124D.10; or
41.18    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
41.19subdivision 16, and 256B.0625, subdivision 19a.
41.20    (j) "Operator" means an operator or agency as defined in section 245A.02.
41.21    (k) "Commissioner" means the commissioner of human services.
41.22    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
41.23not limited to employee assistance counseling and the provision of guardian ad litem and
41.24parenting time expeditor services.
41.25    (m) "Mental injury" means an injury to the psychological capacity or emotional
41.26stability of a child as evidenced by an observable or substantial impairment in the child's
41.27ability to function within a normal range of performance and behavior with due regard to
41.28the child's culture.
41.29    (n) "Threatened injury" means a statement, overt act, condition, or status that
41.30represents a substantial risk of physical or sexual abuse or mental injury. Threatened
41.31injury includes, but is not limited to, exposing a child to a person responsible for the
41.32child's care, as defined in paragraph (e), clause (1), who has:
41.33    (1) subjected a child to, or failed to protect a child from, an overt act or condition
41.34that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
41.35similar law of another jurisdiction;
42.1    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
42.2(4), or a similar law of another jurisdiction;
42.3    (3) committed an act that has resulted in an involuntary termination of parental rights
42.4under section 260C.301, or a similar law of another jurisdiction; or
42.5    (4) committed an act that has resulted in the involuntary transfer of permanent legal
42.6and physical custody of a child to a relative under section 260C.201, subdivision 11,
42.7paragraph (d), clause (1), or a similar law of another jurisdiction.
42.8    (o) Persons who conduct assessments or investigations under this section shall take
42.9into account accepted child-rearing practices of the culture in which a child participates
42.10and accepted teacher discipline practices, which are not injurious to the child's health,
42.11welfare, and safety.

42.12    Sec. 55. Minnesota Statutes 2006, section 626.556, subdivision 3, is amended to read:
42.13    Subd. 3. Persons mandated to report. (a) A person who knows or has reason
42.14to believe a child is being neglected or physically or sexually abused, as defined in
42.15subdivision 2, or has been neglected or physically or sexually abused within the preceding
42.16three years, shall immediately report the information to the local welfare agency, agency
42.17responsible for assessing or investigating the report, police department, or the county
42.18sheriff if the person is:
42.19    (1) a professional or professional's delegate who is engaged in the practice of
42.20the healing arts, social services, hospital administration, psychological or psychiatric
42.21treatment, child care, education, correctional supervision, probation and correctional
42.22services, or law enforcement; or
42.23    (2) employed as a member of the clergy and received the information while
42.24engaged in ministerial duties, provided that a member of the clergy is not required by
42.25this subdivision to report information that is otherwise privileged under section 595.02,
42.26subdivision 1 , paragraph (c).
42.27    The police department or the county sheriff, upon receiving a report, shall
42.28immediately notify the local welfare agency or agency responsible for assessing or
42.29investigating the report, orally and in writing. The local welfare agency, or agency
42.30responsible for assessing or investigating the report, upon receiving a report, shall
42.31immediately notify the local police department or the county sheriff orally and in writing.
42.32The county sheriff and the head of every local welfare agency, agency responsible
42.33for assessing or investigating reports, and police department shall each designate a
42.34person within their agency, department, or office who is responsible for ensuring that
42.35the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
43.1this subdivision shall be construed to require more than one report from any institution,
43.2facility, school, or agency.
43.3    (b) Any person may voluntarily report to the local welfare agency, agency
43.4responsible for assessing or investigating the report, police department, or the county
43.5sheriff if the person knows, has reason to believe, or suspects a child is being or has been
43.6neglected or subjected to physical or sexual abuse. The police department or the county
43.7sheriff, upon receiving a report, shall immediately notify the local welfare agency or
43.8agency responsible for assessing or investigating the report, orally and in writing. The
43.9local welfare agency or agency responsible for assessing or investigating the report, upon
43.10receiving a report, shall immediately notify the local police department or the county
43.11sheriff orally and in writing.
43.12    (c) A person mandated to report physical or sexual child abuse or neglect occurring
43.13within a licensed facility shall report the information to the agency responsible for
43.14licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
43.15chapter 245B; or a nonlicensed personal care provider organization as defined in sections
43.16256B.04, subdivision 16 ; and 256B.0625, subdivision 19. A health or corrections agency
43.17receiving a report may request the local welfare agency to provide assistance pursuant
43.18to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work
43.19within a school facility, upon receiving a complaint of alleged maltreatment, shall provide
43.20information about the circumstances of the alleged maltreatment to the commissioner of
43.21education. Section 13.03, subdivision 4, applies to data received by the commissioner of
43.22education from a licensing entity.
43.23    (d) Any person mandated to report shall receive a summary of the disposition of
43.24any report made by that reporter, including whether the case has been opened for child
43.25protection or other services, or if a referral has been made to a community organization,
43.26unless release would be detrimental to the best interests of the child. Any person who is
43.27not mandated to report shall, upon request to the local welfare agency, receive a concise
43.28summary of the disposition of any report made by that reporter, unless release would be
43.29detrimental to the best interests of the child.
43.30    (e) For purposes of this subdivision section, "immediately" means as soon as
43.31possible but in no event longer than 24 hours.

43.32    Sec. 56. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision
43.33to read:
43.34    Subd. 3e. Agency responsibility for assessing or investigating reports of sexual
43.35abuse. The local welfare agency is the agency responsible for investigating allegations
43.36of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual
44.1functioning within the family unit as a person responsible for the child's care, or a person
44.2with a significant relationship to the child if that person resides in the child's household.

44.3    Sec. 57. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision
44.4to read:
44.5    Subd. 3f. Law enforcement agency responsibility for investigating
44.6maltreatment. The local law enforcement agency has responsibility for investigating any
44.7report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement
44.8and the responsible agency must coordinate their investigations or assessments as required
44.9under subdivision 10.

44.10    Sec. 58. Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:
44.11    Subd. 10. Duties of local welfare agency and local law enforcement agency upon
44.12receipt of a report. (a) Upon receipt of a report, the local welfare agency shall determine
44.13whether to conduct a family assessment or an investigation as appropriate to prevent or
44.14provide a remedy for child maltreatment. The local welfare agency:
44.15    (1) shall conduct an investigation on reports involving substantial child
44.16endangerment;
44.17    (2) shall begin an immediate investigation if, at any time when it is using a family
44.18assessment response, it determines that there is reason to believe that substantial child
44.19endangerment or a serious threat to the child's safety exists;
44.20    (3) may conduct a family assessment for reports that do not allege substantial child
44.21endangerment. In determining that a family assessment is appropriate, the local welfare
44.22agency may consider issues of child safety, parental cooperation, and the need for an
44.23immediate response; and
44.24    (4) may conduct a family assessment on a report that was initially screened and
44.25assigned for an investigation. In determining that a complete investigation is not required,
44.26the local welfare agency must document the reason for terminating the investigation and
44.27notify the local law enforcement agency if the local law enforcement agency is conducting
44.28a joint investigation.
44.29    If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
44.30or individual functioning within the family unit as a person responsible for the child's
44.31care, or sexual abuse by a person with a significant relationship to the child when that
44.32person resides in the child's household or by a sibling, the local welfare agency shall
44.33immediately conduct a family assessment or investigation as identified in clauses (1) to
44.34(4). In conducting a family assessment or investigation, the local welfare agency shall
44.35gather information on the existence of substance abuse and domestic violence and offer
44.36services for purposes of preventing future child maltreatment, safeguarding and enhancing
45.1the welfare of the abused or neglected minor, and supporting and preserving family
45.2life whenever possible. If the report alleges a violation of a criminal statute involving
45.3sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
45.4local law enforcement agency and local welfare agency shall coordinate the planning and
45.5execution of their respective investigation and assessment efforts to avoid a duplication of
45.6fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
45.7the results of its investigation. In cases of alleged child maltreatment resulting in death,
45.8the local agency may rely on the fact-finding efforts of a law enforcement investigation
45.9to make a determination of whether or not maltreatment occurred. When necessary the
45.10local welfare agency shall seek authority to remove the child from the custody of a parent,
45.11guardian, or adult with whom the child is living. In performing any of these duties, the
45.12local welfare agency shall maintain appropriate records.
45.13    If the family assessment or investigation indicates there is a potential for abuse of
45.14alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
45.15the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
45.16Rules, part 9530.6615. The local welfare agency shall report the determination of the
45.17chemical use assessment, and the recommendations and referrals for alcohol and other
45.18drug treatment services to the state authority on alcohol and drug abuse.
45.19    (b) When a local agency receives a report or otherwise has information indicating
45.20that a child who is a client, as defined in section 245.91, has been the subject of physical
45.21abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
45.22245.91 , it shall, in addition to its other duties under this section, immediately inform the
45.23ombudsman established under sections 245.91 to 245.97. The commissioner of education
45.24shall inform the ombudsman established under sections 245.91 to 245.97 of reports
45.25regarding a child defined as a client in section 245.91 that maltreatment occurred at a
45.26school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
45.27    (c) Authority of the local welfare agency responsible for assessing or investigating
45.28the child abuse or neglect report, the agency responsible for assessing or investigating
45.29the report, and of the local law enforcement agency for investigating the alleged abuse or
45.30neglect includes, but is not limited to, authority to interview, without parental consent,
45.31the alleged victim and any other minors who currently reside with or who have resided
45.32with the alleged offender. The interview may take place at school or at any facility or
45.33other place where the alleged victim or other minors might be found or the child may be
45.34transported to, and the interview conducted at, a place appropriate for the interview of a
45.35child designated by the local welfare agency or law enforcement agency. The interview
45.36may take place outside the presence of the alleged offender or parent, legal custodian,
46.1guardian, or school official. For family assessments, it is the preferred practice to request
46.2a parent or guardian's permission to interview the child prior to conducting the child
46.3interview, unless doing so would compromise the safety assessment. Except as provided in
46.4this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
46.5local welfare or law enforcement agency no later than the conclusion of the investigation
46.6or assessment that this interview has occurred. Notwithstanding rule 49.02 32 of the
46.7Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on
46.8an ex parte motion by the local welfare agency, order that, where reasonable cause exists,
46.9the agency withhold notification of this interview from the parent, legal custodian, or
46.10guardian. If the interview took place or is to take place on school property, the order shall
46.11specify that school officials may not disclose to the parent, legal custodian, or guardian the
46.12contents of the notification of intent to interview the child on school property, as provided
46.13under this paragraph, and any other related information regarding the interview that may
46.14be a part of the child's school record. A copy of the order shall be sent by the local welfare
46.15or law enforcement agency to the appropriate school official.
46.16    (d) When the local welfare, local law enforcement agency, or the agency responsible
46.17for assessing or investigating a report of maltreatment determines that an interview should
46.18take place on school property, written notification of intent to interview the child on school
46.19property must be received by school officials prior to the interview. The notification
46.20shall include the name of the child to be interviewed, the purpose of the interview, and
46.21a reference to the statutory authority to conduct an interview on school property. For
46.22interviews conducted by the local welfare agency, the notification shall be signed by the
46.23chair of the local social services agency or the chair's designee. The notification shall be
46.24private data on individuals subject to the provisions of this paragraph. School officials
46.25may not disclose to the parent, legal custodian, or guardian the contents of the notification
46.26or any other related information regarding the interview until notified in writing by the
46.27local welfare or law enforcement agency that the investigation or assessment has been
46.28concluded, unless a school employee or agent is alleged to have maltreated the child.
46.29Until that time, the local welfare or law enforcement agency or the agency responsible
46.30for assessing or investigating a report of maltreatment shall be solely responsible for any
46.31disclosures regarding the nature of the assessment or investigation.
46.32    Except where the alleged offender is believed to be a school official or employee,
46.33the time and place, and manner of the interview on school premises shall be within the
46.34discretion of school officials, but the local welfare or law enforcement agency shall have
46.35the exclusive authority to determine who may attend the interview. The conditions as to
46.36time, place, and manner of the interview set by the school officials shall be reasonable and
47.1the interview shall be conducted not more than 24 hours after the receipt of the notification
47.2unless another time is considered necessary by agreement between the school officials and
47.3the local welfare or law enforcement agency. Where the school fails to comply with the
47.4provisions of this paragraph, the juvenile court may order the school to comply. Every
47.5effort must be made to reduce the disruption of the educational program of the child, other
47.6students, or school staff when an interview is conducted on school premises.
47.7    (e) Where the alleged offender or a person responsible for the care of the alleged
47.8victim or other minor prevents access to the victim or other minor by the local welfare
47.9agency, the juvenile court may order the parents, legal custodian, or guardian to produce
47.10the alleged victim or other minor for questioning by the local welfare agency or the local
47.11law enforcement agency outside the presence of the alleged offender or any person
47.12responsible for the child's care at reasonable places and times as specified by court order.
47.13    (f) Before making an order under paragraph (e), the court shall issue an order to
47.14show cause, either upon its own motion or upon a verified petition, specifying the basis for
47.15the requested interviews and fixing the time and place of the hearing. The order to show
47.16cause shall be served personally and shall be heard in the same manner as provided in
47.17other cases in the juvenile court. The court shall consider the need for appointment of a
47.18guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
47.19litem shall be present at the hearing on the order to show cause.
47.20    (g) The commissioner of human services, the ombudsman for mental health and
47.21developmental disabilities, the local welfare agencies responsible for investigating reports,
47.22the commissioner of education, and the local law enforcement agencies have the right to
47.23enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
47.24including medical records, as part of the investigation. Notwithstanding the provisions of
47.25chapter 13, they also have the right to inform the facility under investigation that they are
47.26conducting an investigation, to disclose to the facility the names of the individuals under
47.27investigation for abusing or neglecting a child, and to provide the facility with a copy of
47.28the report and the investigative findings.
47.29    (h) The local welfare agency responsible for conducting a family assessment or
47.30investigation shall collect available and relevant information to determine child safety,
47.31risk of subsequent child maltreatment, and family strengths and needs and share not public
47.32information with an Indian's tribal social services agency without violating any law of the
47.33state that may otherwise impose duties of confidentiality on the local welfare agency in
47.34order to implement the tribal state agreement. The local welfare agency or the agency
47.35responsible for investigating the report shall collect available and relevant information
47.36to ascertain whether maltreatment occurred and whether protective services are needed.
48.1Information collected includes, when relevant, information with regard to the person
48.2reporting the alleged maltreatment, including the nature of the reporter's relationship to the
48.3child and to the alleged offender, and the basis of the reporter's knowledge for the report;
48.4the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
48.5collateral sources having relevant information related to the alleged maltreatment. The
48.6local welfare agency or the agency responsible for assessing or investigating the report
48.7may make a determination of no maltreatment early in an assessment, and close the case
48.8and retain immunity, if the collected information shows no basis for a full assessment or
48.9investigation.
48.10    Information relevant to the assessment or investigation must be asked for, and
48.11may include:
48.12    (1) the child's sex and age, prior reports of maltreatment, information relating
48.13to developmental functioning, credibility of the child's statement, and whether the
48.14information provided under this clause is consistent with other information collected
48.15during the course of the assessment or investigation;
48.16    (2) the alleged offender's age, a record check for prior reports of maltreatment, and
48.17criminal charges and convictions. The local welfare agency or the agency responsible for
48.18assessing or investigating the report must provide the alleged offender with an opportunity
48.19to make a statement. The alleged offender may submit supporting documentation relevant
48.20to the assessment or investigation;
48.21    (3) collateral source information regarding the alleged maltreatment and care of the
48.22child. Collateral information includes, when relevant: (i) a medical examination of the
48.23child; (ii) prior medical records relating to the alleged maltreatment or the care of the
48.24child maintained by any facility, clinic, or health care professional and an interview with
48.25the treating professionals; and (iii) interviews with the child's caretakers, including the
48.26child's parent, guardian, foster parent, child care provider, teachers, counselors, family
48.27members, relatives, and other persons who may have knowledge regarding the alleged
48.28maltreatment and the care of the child; and
48.29    (4) information on the existence of domestic abuse and violence in the home of
48.30the child, and substance abuse.
48.31    Nothing in this paragraph precludes the local welfare agency, the local law
48.32enforcement agency, or the agency responsible for assessing or investigating the report
48.33from collecting other relevant information necessary to conduct the assessment or
48.34investigation. Notwithstanding section 13.384 or 144.335, the local welfare agency has
48.35access to medical data and records for purposes of clause (3). Notwithstanding the data's
48.36classification in the possession of any other agency, data acquired by the local welfare
49.1agency or the agency responsible for assessing or investigating the report during the course
49.2of the assessment or investigation are private data on individuals and must be maintained
49.3in accordance with subdivision 11. Data of the commissioner of education collected
49.4or maintained during and for the purpose of an investigation of alleged maltreatment
49.5in a school are governed by this section, notwithstanding the data's classification as
49.6educational, licensing, or personnel data under chapter 13.
49.7    In conducting an assessment or investigation involving a school facility as defined
49.8in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
49.9reports and data that are relevant to a report of maltreatment and are from local law
49.10enforcement and the school facility.
49.11    (i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
49.12contact with the child reported to be maltreated and with the child's primary caregiver
49.13sufficient to complete a safety assessment and ensure the immediate safety of the child.
49.14The face-to-face contact with the child and primary caregiver shall occur immediately
49.15if substantial child endangerment is alleged and within five calendar days for all other
49.16reports. If the alleged offender was not already interviewed as the primary caregiver, the
49.17local welfare agency shall also conduct a face-to-face interview with the alleged offender
49.18in the early stages of the assessment or investigation. At the initial contact, the local child
49.19welfare agency or the agency responsible for assessing or investigating the report must
49.20inform the alleged offender of the complaints or allegations made against the individual in
49.21a manner consistent with laws protecting the rights of the person who made the report.
49.22The interview with the alleged offender may be postponed if it would jeopardize an active
49.23law enforcement investigation.
49.24    (j) When conducting an investigation, the local welfare agency shall use a question
49.25and answer interviewing format with questioning as nondirective as possible to elicit
49.26spontaneous responses. For investigations only, the following interviewing methods and
49.27procedures must be used whenever possible when collecting information:
49.28    (1) audio recordings of all interviews with witnesses and collateral sources; and
49.29    (2) in cases of alleged sexual abuse, audio-video recordings of each interview with
49.30the alleged victim and child witnesses.
49.31    (k) In conducting an assessment or investigation involving a school facility as
49.32defined in subdivision 2, paragraph (i), the commissioner of education shall collect
49.33available and relevant information and use the procedures in paragraphs (i), (k), and
49.34subdivision 3d, except that the requirement for face-to-face observation of the child
49.35and face-to-face interview of the alleged offender is to occur in the initial stages of the
49.36assessment or investigation provided that the commissioner may also base the assessment
50.1or investigation on investigative reports and data received from the school facility and
50.2local law enforcement, to the extent those investigations satisfy the requirements of
50.3paragraphs (i) and (k), and subdivision 3d.

50.4    Sec. 59. Minnesota Statutes 2006, section 626.556, subdivision 10a, is amended to
50.5read:
50.6    Subd. 10a. Abuse outside family unit Law enforcement agency responsibility
50.7for investigation; welfare agency reliance on law enforcement fact-finding; welfare
50.8agency offer of services. (a) If the report alleges neglect, physical abuse, or sexual abuse
50.9by a person who is not a parent, guardian, sibling, person responsible for the child's care
50.10functioning outside within the family unit as a person responsible for the child's care, or a
50.11person who lives in the child's household and who has a significant relationship to the
50.12child, in a setting other than a facility as defined in subdivision 2, the local welfare agency
50.13shall immediately notify the appropriate law enforcement agency, which shall conduct an
50.14investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged.
50.15    (b) The local agency may rely on the fact-finding efforts of the law enforcement
50.16investigation conducted under this subdivision to make a determination whether or not
50.17threatened harm or other maltreatment has occurred under subdivision 2 if an alleged
50.18offender has minor children or lives with minors.
50.19    (c) The local welfare agency shall offer appropriate social services for the purpose of
50.20safeguarding and enhancing the welfare of the abused or neglected minor.

50.21    Sec. 60. Minnesota Statutes 2006, section 626.556, subdivision 10c, is amended to
50.22read:
50.23    Subd. 10c. Duties of local social service agency upon receipt of a report of
50.24medical neglect. If the report alleges medical neglect as defined in section 260C.007,
50.25subdivision 4 6 , clause (5), the local welfare agency shall, in addition to its other duties
50.26under this section, immediately consult with designated hospital staff and with the parents
50.27of the infant to verify that appropriate nutrition, hydration, and medication are being
50.28provided; and shall immediately secure an independent medical review of the infant's
50.29medical charts and records and, if necessary, seek a court order for an independent medical
50.30examination of the infant. If the review or examination leads to a conclusion of medical
50.31neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings
50.32under section 260C.141 and by filing an expedited motion to prevent the withholding
50.33of medically indicated treatment.

50.34    Sec. 61. Minnesota Statutes 2006, section 626.556, subdivision 10f, is amended to read:
51.1    Subd. 10f. Notice of determinations. Within ten working days of the conclusion
51.2of a family assessment, the local welfare agency shall notify the parent or guardian of
51.3the child of the need for services to address child safety concerns or significant risk of
51.4subsequent child maltreatment. The local welfare agency and the family may also jointly
51.5agree that family support and family preservation services are needed. Within ten working
51.6days of the conclusion of an investigation, the local welfare agency or agency responsible
51.7for assessing or investigating the report shall notify the parent or guardian of the child, the
51.8person determined to be maltreating the child, and if applicable, the director of the facility,
51.9of the determination and a summary of the specific reasons for the determination. The
51.10notice must also include a certification that the information collection procedures under
51.11subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a
51.12data subject to obtain access to other private data on the subject collected, created, or
51.13maintained under this section. In addition, the notice shall include the length of time that
51.14the records will be kept under subdivision 11c. The investigating agency shall notify the
51.15parent or guardian of the child who is the subject of the report, and any person or facility
51.16determined to have maltreated a child, of their appeal or review rights under this section
51.17or section 256.022. The notice must also state that a finding of maltreatment may result
51.18in denial of a license application or background study disqualification under chapter
51.19245C related to employment or services that are licensed by the Department of Human
51.20Services under chapter 245A, the Department of Health under chapter 144 or 144A, the
51.21Department of Corrections under section 241.021, and from providing services related to
51.22an unlicensed personal care provider organization under chapter 256B."
51.23Page 29, after line 33, insert:

51.24    "Sec. 33. REVISOR'S INSTRUCTION.
51.25    (a) The revisor shall renumber Minnesota Statutes, section 626.556, subdivision 3d,
51.26as Minnesota Statutes, section 626.556, subdivision 3g.
51.27    (b) The revisor shall change references to Minnesota Statutes, section 260.851,
51.28to section 260.853 and references to Minnesota Statutes, section 260.851, article 5, to
51.29section 260.853, article IV, wherever those references appear in Minnesota Statutes and
51.30Minnesota Rules."
51.31Page 29, delete section 38 and insert:

51.32    "Sec. 38. REPEALER.
51.33(a) Minnesota Statutes 2006, sections 256J.29; 256J.37, subdivisions 3a and 3b; and
51.34256J.626, subdivisions 7 and 9, and (b) Laws 1997, chapter 8, section 1, and (c) Minnesota
51.35Rules, part 9560.0102, subpart 2, item C, are repealed."