1.1    .................... moves to amend H. F. No. 1169 as follows:
1.2Page 16, after line 15, insert:

1.3    "Sec. 8. Minnesota Statutes 2006, section 260.755, subdivision 12, is amended to read:
1.4    Subd. 12. Indian tribe. "Indian tribe" means an Indian tribe, band, nation, or
1.5other organized group or community of Indians recognized as eligible for the services
1.6provided to Indians by the secretary because of their status as Indians, including any band
1.7Native group under the Alaska Native Claims Settlement Act, United States Code, title 43,
1.8section 1602, and exercising tribal governmental powers.

1.9    Sec. 9. Minnesota Statutes 2006, section 260.755, subdivision 20, is amended to read:
1.10    Subd. 20. Tribal court. "Tribal court" means a court with federally recognized
1.11jurisdiction over child custody proceedings and which is either a court of Indian offenses,
1.12or a court established and operated under the code or custom of an Indian tribe, or the
1.13any other administrative body of a tribe which is vested with authority over child custody
1.14proceedings. Except as provided in section 260.771, subdivision 5, nothing in this chapter
1.15shall be construed as conferring jurisdiction on an Indian tribe.

1.16    Sec. 10. Minnesota Statutes 2006, section 260.761, subdivision 7, is amended to read:
1.17    Subd. 7. Identification of extended family members. Any agency considering
1.18placement of an Indian child shall make reasonable active efforts to identify and locate
1.19extended family members.

1.20    Sec. 11. Minnesota Statutes 2006, section 260.765, subdivision 5, is amended to read:
1.21    Subd. 5. Identification of extended family members. Any agency considering
1.22placement of an Indian child shall make reasonable active efforts to identify and locate
1.23extended family members."
1.24Page 16, line 29, strike "such" and insert "the"
1.25Page 16, line 20, after "proceedings" insert ", except where jurisdiction is otherwise
1.26vested in the state by existing federal law"
2.1Page 16, delete section 9 and insert:

2.2    "Sec. 9. Minnesota Statutes 2006, section 260.771, subdivision 2, is amended to read:
2.3    Subd. 2. Court determination of tribal affiliation of child. In any child placement
2.4proceeding, the court shall establish whether an Indian child is involved and the identity
2.5of the Indian child's tribe. The federal Indian Child Welfare Act and this chapter are
2.6applicable without exception in any child custody proceeding, as defined in the federal act,
2.7involving an Indian child. This chapter applies to child custody proceedings involving
2.8an Indian child whether the child is in the physical or legal custody of an Indian parent,
2.9Indian custodian, Indian extended family member, or other person at the commencement
2.10of the proceedings. A court shall not determine the applicability of the federal Indian
2.11Child Welfare Act or this chapter to a child custody proceeding based upon whether an
2.12Indian child is part of an existing Indian family or based upon the level of contact a child
2.13has with the child's Indian tribe, reservation, society, or off-reservation community."
2.14Page 19, after line 1, insert:

2.15    "Sec. 10. Minnesota Statutes 2006, section 260C.163, subdivision 1, is amended to
2.16read:
2.17    Subdivision 1. General. (a) Except for hearings arising under section 260C.425,
2.18hearings on any matter shall be without a jury and may be conducted in an informal
2.19manner. In all adjudicatory proceedings involving a child alleged to be in need of
2.20protection or services, the court shall admit only evidence that would be admissible in a
2.21civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of
2.22protection or services must be proved by clear and convincing evidence.
2.23    (b) Except for proceedings involving a child alleged to be in need of protection or
2.24services and petitions for the termination of parental rights, hearings may be continued or
2.25adjourned from time to time. In proceedings involving a child alleged to be in need of
2.26protection or services and petitions for the termination of parental rights, hearings may not
2.27be continued or adjourned for more than one week unless the court makes specific findings
2.28that the continuance or adjournment is in the best interests of the child. If a hearing is held
2.29on a petition involving physical or sexual abuse of a child who is alleged to be in need of
2.30protection or services or neglected and in foster care, the court shall file the decision with
2.31the court administrator as soon as possible but no later than 15 days after the matter is
2.32submitted to the court. When a continuance or adjournment is ordered in any proceeding,
2.33the court may make any interim orders as it deems in the best interests of the minor in
2.34accordance with the provisions of sections 260C.001 to 260C.421.
3.1    (c) Except as otherwise provided in this paragraph, the court shall exclude the
3.2general public from hearings under this chapter and shall admit only those persons who, in
3.3the discretion of the court, have a direct interest in the case or in the work of the court.
3.4    (d) Adoption hearings shall be conducted in accordance with the provisions of
3.5laws relating to adoptions.
3.6    (e) In any permanency hearing, including the transition of a child from foster care
3.7to independent living, the court shall assure that any consult with the child is in an age
3.8appropriate manner."
3.9Page 32, after line 29, insert:

3.10    "Sec. 16. Minnesota Statutes 2006, section 260C.331, subdivision 1, is amended to
3.11read:
3.12    Subdivision 1. Care, examination, or treatment. (a) Except where parental rights
3.13are terminated,
3.14    (1) whenever legal custody of a child is transferred by the court to a responsible
3.15social services agency,
3.16    (2) whenever legal custody is transferred to a person other than the responsible social
3.17services agency, but under the supervision of the responsible social services agency, or
3.18    (3) whenever a child is given physical or mental examinations or treatment under
3.19order of the court, and no provision is otherwise made by law for payment for the care,
3.20examination, or treatment of the child, these costs are a charge upon the welfare funds of
3.21the county in which proceedings are held upon certification of the judge of juvenile court.
3.22    (b) The court shall order, and the responsible social services agency shall require,
3.23the parents or custodian of a child, while the child is under the age of 18, to use the
3.24total income and resources attributable to the child for the period of care, examination,
3.25or treatment, except for clothing and personal needs allowance as provided in section
3.26256B.35 , to reimburse the county for the cost of care, examination, or treatment. Income
3.27and resources attributable to the child include, but are not limited to, Social Security
3.28benefits, supplemental security income (SSI), veterans benefits, railroad retirement benefits
3.29and child support. When the child is over the age of 18, and continues to receive care,
3.30examination, or treatment, the court shall order, and the responsible social services agency
3.31shall require, reimbursement from the child for the cost of care, examination, or treatment
3.32from the income and resources attributable to the child less the clothing and personal
3.33needs allowance. Income does not include earnings from a child over 18 who is working
3.34as part of a plan under section 260C.212, subdivision 1(c)(8) to transition from foster care.
3.35    (c) If the income and resources attributable to the child are not enough to reimburse
3.36the county for the full cost of the care, examination, or treatment, the court shall inquire
4.1into the ability of the parents to support the child and, after giving the parents a reasonable
4.2opportunity to be heard, the court shall order, and the responsible social services agency
4.3shall require, the parents to contribute to the cost of care, examination, or treatment of
4.4the child. When determining the amount to be contributed by the parents, the court shall
4.5use a fee schedule based upon ability to pay that is established by the responsible social
4.6services agency and approved by the commissioner of human services. The income of
4.7a stepparent who has not adopted a child shall be excluded in calculating the parental
4.8contribution under this section.
4.9    (d) The court shall order the amount of reimbursement attributable to the parents
4.10or custodian, or attributable to the child, or attributable to both sources, withheld under
4.11chapter 518A from the income of the parents or the custodian of the child. A parent or
4.12custodian who fails to pay without good reason may be proceeded against for contempt, or
4.13the court may inform the county attorney, who shall proceed to collect the unpaid sums,
4.14or both procedures may be used.
4.15    (e) If the court orders a physical or mental examination for a child, the examination
4.16is a medically necessary service for purposes of determining whether the service is
4.17covered by a health insurance policy, health maintenance contract, or other health
4.18coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
4.19requirements for medical necessity. Nothing in this paragraph changes or eliminates
4.20benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
4.21or other requirements in the policy, contract, or plan that relate to coverage of other
4.22medically necessary services."
4.23Page 33, line 23, reinstate "and"
4.24Page 33, line 28, delete "; and" and insert a period
4.25Page 33, delete lines 29 through 32
4.26Page 37, line 1, after "assessment" insert "or investigation"
4.27Page 37, line 3, after "needs" insert "and share information with an Indian's tribal
4.28social services agency without violating any law of the state that may otherwise impose
4.29duties of confidentiality on the local welfare agency in order to implement the Tribal
4.30State Agreement"
4.31Page 40, after line 3, insert:


4.34    Section 1. Minnesota Statutes 2006, section 245A.035, is amended to read:
4.35245A.035 RELATIVE FOSTER CARE; UNLICENSED EMERGENCY
4.36LICENSE RELATIVE PLACEMENT.
5.1    Subdivision 1. Grant of Emergency license placement. Notwithstanding section
5.2245A.03, subdivision 2a , or 245C.13, subdivision 2, a county agency may place a child
5.3for foster care with a relative who is not licensed to provide foster care, provided the
5.4requirements of subdivision 2 this section are met. As used in this section, the term
5.5"relative" has the meaning given it under section 260C.007, subdivision 27.
5.6    Subd. 2. Cooperation with emergency licensing placement process. (a) A county
5.7agency that places a child with a relative who is not licensed to provide foster care must
5.8begin the process of securing an emergency license for the relative as soon as possible
5.9and must conduct the initial inspection required by subdivision 3, clause (1), whenever
5.10possible, prior to placing the child in the relative's home, but no later than three working
5.11days after placing the child in the home. A child placed in the home of a relative who is
5.12not licensed to provide foster care must be removed from that home if the relative fails
5.13to cooperate with the county agency in securing an emergency foster care license. The
5.14commissioner may issue an emergency foster care license to a relative with whom the
5.15county agency wishes to place or has placed a child for foster care, or to a relative with
5.16whom a child has been placed by court order.
5.17    (b) If a child is to be placed in the home of a relative not licensed to provide foster
5.18care, either the placing agency or the county agency in the county in which the relative
5.19lives shall conduct the emergency licensing placement process as required in this section.
5.20    Subd. 3. Requirements for emergency license placement. Before an emergency
5.21license placement may be issued made, the following requirements must be met:
5.22    (1) the county agency must conduct an initial inspection of the premises where
5.23the foster care placement is to be provided made to ensure the health and safety of any
5.24child placed in the home. The county agency shall conduct the inspection using a form
5.25developed by the commissioner;
5.26    (2) at the time of the inspection or placement, whichever is earlier, the county
5.27agency must provide the relative being considered for an emergency license shall receive
5.28placement an application form for a child foster care license;
5.29    (3) whenever possible, prior to placing the child in the relative's home, the relative
5.30being considered for an emergency license placement shall provide the information
5.31required by section 245C.05; and
5.32    (4) if the county determines, prior to the issuance of an emergency license
5.33placement, that anyone requiring a background study may be prior to licensure of the
5.34home is disqualified under section 245C.14 and chapter 245C, and the disqualification
5.35is one which the commissioner cannot set aside, an emergency license shall placement
5.36must not be issued made.
6.1    Subd. 4. Applicant study. When the county agency has received the information
6.2required by section 245C.05, the county agency shall begin an applicant study according to
6.3the procedures in chapter 245C. The commissioner may issue an emergency license upon
6.4recommendation of the county agency once the initial inspection has been successfully
6.5completed and the information necessary to begin the applicant background study has been
6.6provided. If the county agency does not recommend that the emergency license be granted,
6.7the agency shall notify the relative in writing that the agency is recommending denial to the
6.8commissioner; shall remove any child who has been placed in the home prior to licensure;
6.9and shall inform the relative in writing of the procedure to request review pursuant to
6.10subdivision 6. An emergency license shall be effective until a child foster care license is
6.11granted or denied, but shall in no case remain in effect more than 120 days from the date
6.12of placement submit the information to the commissioner according to section 245C.05.
6.13    Subd. 5. Child foster care license application. (a) The relatives with whom the
6.14emergency license holder placement has been made shall complete the child foster care
6.15license application and necessary paperwork within ten days of the placement. The county
6.16agency shall assist the emergency license holder applicant to complete the application.
6.17The granting of a child foster care license to a relative shall be under the procedures in this
6.18chapter and according to the standards set forth by foster care rule in Minnesota Rules,
6.19chapter 2960. In licensing a relative, the commissioner shall consider the importance of
6.20maintaining the child's relationship with relatives as an additional significant factor in
6.21determining whether to a background study disqualification should be set aside a licensing
6.22disqualifier under section 245C.22, or to grant a variance of licensing requirements should
6.23be granted under sections 245C.21 to 245C.27 section 245C.30.
6.24    (b) When the county or private child-placing agency is processing an application
6.25for child foster care licensure of a relative as defined in section 260B.007, subdivision
6.2612 , or 260C.007, subdivision 27, the county agency or child-placing agency must explain
6.27the licensing process to the prospective licensee, including the background study process
6.28and the procedure for reconsideration of an initial disqualification for licensure. The
6.29county or private child-placing agency must also provide the prospective relative licensee
6.30with information regarding appropriate options for legal representation in the pertinent
6.31geographic area. If a relative is initially disqualified under section 245C.14, the county
6.32or child-placing agency commissioner must provide written notice of the reasons for the
6.33disqualification and the right to request a reconsideration by the commissioner as required
6.34under section 245C.17.
7.1    (c) The commissioner shall maintain licensing data so that activities related to
7.2applications and licensing actions for relative foster care providers may be distinguished
7.3from other child foster care settings.
7.4    Subd. 6. Denial of emergency license. If the commissioner denies an application
7.5for an emergency foster care license under this section, that denial must be in writing and
7.6must include reasons for the denial. Denial of an emergency license is not subject to
7.7appeal under chapter 14. The relative may request a review of the denial by submitting
7.8to the commissioner a written statement of the reasons an emergency license should be
7.9granted. The commissioner shall evaluate the request for review and determine whether
7.10to grant the emergency license. The commissioner's review shall be based on a review
7.11of the records submitted by the county agency and the relative. Within 15 working
7.12days of the receipt of the request for review, the commissioner shall notify the relative
7.13requesting review in written form whether the emergency license will be granted. The
7.14commissioner's review shall be based on a review of the records submitted by the county
7.15agency and the relative. A child shall not be placed or remain placed in the relative's home
7.16while the request for review is pending. Denial of an emergency license shall not preclude
7.17an individual from reapplying for an emergency license or from applying for a child foster
7.18care license. The decision of the commissioner is the final administrative agency action.

7.19    Sec. 2. Minnesota Statutes 2006, section 245A.16, subdivision 1, is amended to read:
7.20    Subdivision 1. Delegation of authority to agencies. (a) County agencies and
7.21private agencies that have been designated or licensed by the commissioner to perform
7.22licensing functions and activities under section 245A.04 and ; background studies for
7.23adult foster care, family adult day services, and family child care under chapter 245C,;
7.24to recommend denial of applicants under section 245A.05,; to issue correction orders,
7.25to issue variances, and recommend a conditional license under section 245A.06, or to
7.26recommend suspending or revoking a license or issuing a fine under section 245A.07,;
7.27shall comply with rules and directives of the commissioner governing those functions and
7.28with this section. The following variances are excluded from the delegation of variance
7.29authority and may be issued only by the commissioner:
7.30    (1) dual licensure of family child care and child foster care, dual licensure of child
7.31and adult foster care, and adult foster care and family child care;
7.32    (2) adult foster care maximum capacity;
7.33    (3) adult foster care minimum age requirement;
7.34    (4) child foster care maximum age requirement;
7.35    (5) variances regarding disqualified individuals except that county agencies may
7.36issue variances under section 245C.30 regarding disqualified individuals when the county
8.1is responsible for conducting a consolidated reconsideration according to sections 245C.25
8.2and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
8.3and a disqualification based on serious or recurring maltreatment; and
8.4    (6) the required presence of a caregiver in the adult foster care residence during
8.5normal sleeping hours.
8.6    (b) County agencies must report:
8.7    (1) information about disqualification reconsiderations under sections 245C.25 and
8.8245C.27, subdivision 2 , clauses paragraphs (a) and (b), and variances granted under
8.9paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by
8.10the commissioner; and.
8.11    (2) for relative child foster care applicants and license holders, the number of
8.12relatives, as defined in section 260C.007, subdivision 27, and household members of
8.13relatives who are disqualified under section 245C.14; the disqualifying characteristics
8.14under section 245C.15; the number of these individuals who requested reconsideration
8.15under section 245C.21; the number of set-asides under section 245C.22; and variances
8.16under section 245C.30 issued. This information shall be reported to the commissioner
8.17annually by January 15 of each year in a format prescribed by the commissioner.
8.18    (c) For family day care programs, the commissioner may authorize licensing reviews
8.19every two years after a licensee has had at least one annual review.
8.20    (d) For family adult day services programs, the commissioner may authorize
8.21licensing reviews every two years after a licensee has had at least one annual review.
8.22    (e) A license issued under this section may be issued for up to two years.

8.23    Sec. 3. Minnesota Statutes 2006, section 245A.16, subdivision 3, is amended to read:
8.24    Subd. 3. Recommendations to the commissioner. The county or private agency
8.25shall not make recommendations to the commissioner regarding licensure without
8.26first conducting an inspection, and for adult foster care, family adult day services, and
8.27family child care, a background study of the applicant, and evaluation pursuant to under
8.28chapter 245C. The county or private agency must forward its recommendation to the
8.29commissioner regarding the appropriate licensing action within 20 working days of
8.30receipt of a completed application.

8.31    Sec. 4. Minnesota Statutes 2006, section 245C.02, is amended by adding a subdivision
8.32to read:
8.33    Subd. 14a. Private agency. "Private agency" has the meaning given in section
8.34245A.02, subdivision 12.

8.35    Sec. 5. Minnesota Statutes 2006, section 245C.04, subdivision 1, is amended to read:
9.1    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
9.2background study of an individual required to be studied under section 245C.03,
9.3subdivision 1 , at least upon application for initial license for all license types.
9.4    (b) The commissioner shall conduct a background study of an individual required to
9.5be studied under section 245C.03, subdivision 1, at reapplication for a license for family
9.6child care, child foster care, and adult foster care, and family adult day services.
9.7    (c) The commissioner is not required to conduct a study of an individual at the time
9.8of reapplication for a license if the individual's background study was completed by the
9.9commissioner of human services for an adult foster care license holder that is also:
9.10    (1) registered under chapter 144D; or
9.11    (2) licensed to provide home and community-based services to people with
9.12disabilities at the foster care location and the license holder does not reside in the foster
9.13care residence; and
9.14    (3) the following conditions are met:
9.15    (i) a study of the individual was conducted either at the time of initial licensure or
9.16when the individual became affiliated with the license holder;
9.17    (ii) the individual has been continuously affiliated with the license holder since
9.18the last study was conducted; and
9.19    (iii) the last study of the individual was conducted on or after October 1, 1995.
9.20    (d) From July 1, 2007, to June 30, 2009, the commissioner of human services
9.21shall conduct a study of an individual required to be studied under section 245C.03, at
9.22the time of reapplication for a child foster care license. The county or private agency
9.23shall collect and forward to the commissioner the information required under section
9.24245C.05, subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The
9.25background study conducted by the commissioner of human services under this paragraph
9.26must include a review of the information required under section 245C.08, subdivisions
9.271, paragraph (a), clauses (1) to (4), and 3.
9.28    (e) The commissioner of human services shall conduct a background study of an
9.29individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
9.30to (6), who is newly affiliated with a child foster care license holder. The county or
9.31private agency shall collect and forward to the commissioner the information required
9.32under section 245C.05, subdivisions 1 and 5. The background study conducted by the
9.33commissioner of human services under this paragraph must include a review of the
9.34information required under section 245C.08, subdivisions 1, paragraph (a), and 3.
9.35    (f) Applicants for licensure, license holders, and other entities as provided in this
9.36chapter must submit completed background study forms to the commissioner before
10.1individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
10.2contact in any licensed program.
10.3    (e) (g) For purposes of this section, a physician licensed under chapter 147 is
10.4considered to be continuously affiliated upon the license holder's receipt from the
10.5commissioner of health or human services of the physician's background study results.

10.6    Sec. 6. Minnesota Statutes 2006, section 245C.05, subdivision 1, is amended to read:
10.7    Subdivision 1. Individual studied. (a) The individual who is the subject of the
10.8background study must provide the applicant, license holder, or other entity under section
10.9245C.04 with sufficient information to ensure an accurate study, including:
10.10    (1) the individual's first, middle, and last name and all other names by which the
10.11individual has been known;
10.12    (2) home address, city, and state of residence;
10.13    (3) zip code;
10.14    (4) sex;
10.15    (5) date of birth; and
10.16    (6) Minnesota driver's license number or state identification number.
10.17    (b) Every subject of a background study conducted by counties or private agencies
10.18under this chapter must also provide the home address, city, county, and state of residence
10.19for the past five years.
10.20    c) Every subject of a background study related to child foster care through a private
10.21agency shall also provide the commissioner a signed consent for the release of any
10.22information received from national crime information databases to the private agency that
10.23initiated the background study.
10.24    (d) The subject of a background study shall provide fingerprints as required in
10.25subdivision 5, paragraph (c).

10.26    Sec. 7. Minnesota Statutes 2006, section 245C.05, is amended by adding a subdivision
10.27to read:
10.28    Subd. 2a. County or private agency. For background studies related to child foster
10.29care, county and private agencies must collect the information under subdivision 1 and
10.30forward it to the commissioner.

10.31    Sec. 8. Minnesota Statutes 2006, section 245C.05, subdivision 4, is amended to read:
10.32    Subd. 4. Electronic transmission. For background studies conducted by the
10.33Department of Human Services, the commissioner shall implement a system for the
10.34electronic transmission of:
10.35    (1) background study information to the commissioner; and
11.1    (2) background study results to the license holder; and
11.2    (3) background study results to county and private agencies for background studies
11.3conducted by the commissioner for child foster care..

11.4    Sec. 9. Minnesota Statutes 2006, section 245C.05, subdivision 5, is amended to read:
11.5    Subd. 5. Fingerprints. (a) Except as provided in paragraph (c), for any background
11.6study completed under this chapter, when the commissioner has reasonable cause to
11.7believe that further pertinent information may exist on the subject of the background
11.8study, the subject shall provide the commissioner with a set of classifiable fingerprints
11.9obtained from an authorized law enforcement agency.
11.10    (b) For purposes of requiring fingerprints, the commissioner has reasonable cause
11.11when, but not limited to, the:
11.12    (1) information from the Bureau of Criminal Apprehension indicates that the subject
11.13is a multistate offender;
11.14    (2) information from the Bureau of Criminal Apprehension indicates that multistate
11.15offender status is undetermined; or
11.16    (3) commissioner has received a report from the subject or a third party indicating
11.17that the subject has a criminal history in a jurisdiction other than Minnesota.
11.18    (c) Except as specified under section 245C.04, subdivision 1, paragraph (d), for
11.19background studies conducted by the commissioner for child foster care, the subject of the
11.20background study shall provided the commissioner with a set of classifiable fingerprints
11.21obtained from an authorized agency.

11.22    Sec. 10. Minnesota Statutes 2006, section 245C.05, subdivision 7, is amended to read:
11.23    Subd. 7. Probation officer and corrections agent. (a) A probation officer or
11.24corrections agent shall notify the commissioner of an individual's conviction if the
11.25individual is:
11.26    (1) affiliated with a program or facility regulated by the Department of Human
11.27Services or Department of Health, a facility serving children or youth licensed by the
11.28Department of Corrections, or any type of home care agency or provider of personal care
11.29assistance services; and
11.30    (2) convicted of a crime constituting a disqualification under section 245C.14.
11.31    (b) For the purpose of this subdivision, "conviction" has the meaning given it
11.32in section 609.02, subdivision 5.
11.33    (c) The commissioner, in consultation with the commissioner of corrections, shall
11.34develop forms and information necessary to implement this subdivision and shall provide
11.35the forms and information to the commissioner of corrections for distribution to local
11.36probation officers and corrections agents.
12.1    (d) The commissioner shall inform individuals subject to a background study that
12.2criminal convictions for disqualifying crimes will be reported to the commissioner by the
12.3corrections system.
12.4    (e) A probation officer, corrections agent, or corrections agency is not civilly or
12.5criminally liable for disclosing or failing to disclose the information required by this
12.6subdivision.
12.7    (f) Upon receipt of disqualifying information, the commissioner shall provide the
12.8notice required under section 245C.17, as appropriate, to agencies on record as having
12.9initiated a background study or making a request for documentation of the background
12.10study status of the individual.
12.11    (g) This subdivision does not apply to family child care and child foster care
12.12programs.

12.13    Sec. 11. Minnesota Statutes 2006, section 245C.08, subdivision 1, is amended to read:
12.14    Subdivision 1. Background studies conducted by commissioner of human
12.15services. (a) For a background study conducted by the commissioner, the commissioner
12.16shall review:
12.17    (1) information related to names of substantiated perpetrators of maltreatment of
12.18vulnerable adults that has been received by the commissioner as required under section
12.19626.557, subdivision 9c , paragraph (i);
12.20    (2) the commissioner's records relating to the maltreatment of minors in licensed
12.21programs, and from county agency findings of maltreatment of minors as indicated
12.22through the social service information system;
12.23    (3) information from juvenile courts as required in subdivision 4 for individuals
12.24listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and
12.25    (4) information from the Bureau of Criminal Apprehension; and
12.26    (5) for a background study related to a child foster care application for licensure, the
12.27commissioner shall also review:
12.28    (i) information from the child abuse and neglect registry for any state in which the
12.29background study subject has resided in for the past five years; and
12.30    (ii) information from national crime information databases.
12.31    (b) Notwithstanding expungement by a court, the commissioner may consider
12.32information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
12.33received notice of the petition for expungement and the court order for expungement is
12.34directed specifically to the commissioner.

12.35    Sec. 12. Minnesota Statutes 2006, section 245C.08, subdivision 2, is amended to read:
13.1    Subd. 2. Background studies conducted by a county or private agency. (a) For
13.2a background study conducted by a county or private agency for child foster care, adult
13.3foster care, family adult day services, and family child care homes, the commissioner
13.4shall review:
13.5    (1) information from the county agency's record of substantiated maltreatment
13.6of adults and the maltreatment of minors;
13.7    (2) information from juvenile courts as required in subdivision 4 for individuals
13.8listed in section 245C.03, subdivision 1, clauses (2), (5), and (6);
13.9    (3) information from the Bureau of Criminal Apprehension; and
13.10    (4) arrest and investigative records maintained by the Bureau of Criminal
13.11Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the
13.12National Criminal Records Repository, and criminal records from other states.
13.13    (b) If the individual has resided in the county for less than five years, the study shall
13.14include the records specified under paragraph (a) for the previous county or counties of
13.15residence for the past five years.
13.16    (c) Notwithstanding expungement by a court, the county or private agency may
13.17consider information obtained under paragraph (a), clauses (3) and (4), unless the
13.18commissioner received notice of the petition for expungement and the court order for
13.19expungement is directed specifically to the commissioner.

13.20    Sec. 13. Minnesota Statutes 2006, section 245C.10, is amended by adding a
13.21subdivision to read:
13.22    Subd. 4. Temporary personnel agencies, educational programs, and professional
13.23services agencies. The commissioner shall recover the cost of the background studies
13.24initiated by temporary personnel agencies, educational programs, and professional
13.25services agencies that initiate background studies under section 245C.03, subdivision 4,
13.26through a fee of no more than $20 per study charged to the agency. The fees collected
13.27under this subdivision are appropriated to the commissioner for the purpose of conducting
13.28background studies.

13.29    Sec. 14. Minnesota Statutes 2006, section 245C.11, subdivision 1, is amended to read:
13.30    Subdivision 1. Adult foster care; criminal conviction data. For individuals who
13.31are required to have background studies under section 245C.03, subdivisions 1 and 2, and
13.32who have been continuously affiliated with a an adult foster care provider that is licensed
13.33in more than one county, criminal conviction data may be shared among those counties in
13.34which the adult foster care programs are licensed. A county agency's receipt of criminal
13.35conviction data from another county agency shall meet the criminal data background
13.36study requirements of this chapter.

14.1    Sec. 15. Minnesota Statutes 2006, section 245C.11, subdivision 2, is amended to read:
14.2    Subd. 2. Jointly licensed programs. A county agency may accept a background
14.3study completed by the commissioner under this chapter in place of the background study
14.4required under section 245A.16, subdivision 3, in programs with joint licensure as home
14.5and community-based services and adult foster care for people with developmental
14.6disabilities when the license holder does not reside in the adult foster care residence and
14.7the subject of the study has been continuously affiliated with the license holder since the
14.8date of the commissioner's study.

14.9    Sec. 16. Minnesota Statutes 2006, section 245C.12, is amended to read:
14.10245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.
14.11    (a) For the purposes of background studies completed by tribal organizations
14.12performing licensing activities otherwise required of the commissioner under this chapter,
14.13after obtaining consent from the background study subject, tribal licensing agencies shall
14.14have access to criminal history data in the same manner as county licensing agencies and
14.15private licensing agencies under this chapter.
14.16    (b) Tribal organizations may contract with the commissioner to obtain background
14.17study data on individuals under tribal jurisdiction related to adoptions according to
14.18section 245C.34. Tribal organizations may also contract with the commissioner to obtain
14.19background study data on individuals under tribal jurisdiction related to child foster care
14.20according to section 245C.34.

14.21    Sec. 17. Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to read:
14.22    Subdivision 1. Determining immediate risk of harm. (a) If the commissioner
14.23determines that the individual studied has a disqualifying characteristic, the commissioner
14.24shall review the information immediately available and make a determination as to the
14.25subject's immediate risk of harm to persons served by the program where the individual
14.26studied will have direct contact.
14.27    (b) The commissioner shall consider all relevant information available, including the
14.28following factors in determining the immediate risk of harm:
14.29    (1) the recency of the disqualifying characteristic;
14.30    (2) the recency of discharge from probation for the crimes;
14.31    (3) the number of disqualifying characteristics;
14.32    (4) the intrusiveness or violence of the disqualifying characteristic;
14.33    (5) the vulnerability of the victim involved in the disqualifying characteristic;
14.34    (6) the similarity of the victim to the persons served by the program where the
14.35individual studied will have direct contact; and
15.1    (7) whether the individual has a disqualification from a previous background study
15.2that has not been set aside.
15.3    (c) This section does not apply when the subject of a background study is regulated
15.4by a health-related licensing board as defined in chapter 214, and the subject is determined
15.5to be responsible for substantiated maltreatment under section 626.556 or 626.557.
15.6    (d) This section does not apply to a background study related to an initial application
15.7for a child foster care license.
15.8    (e) If the commissioner has reason to believe, based on arrest information or an
15.9active maltreatment investigation, that an individual poses an imminent risk of harm to
15.10persons receiving services, the commissioner may order that the person be continuously
15.11supervised or immediately removed pending the conclusion of the maltreatment
15.12investigation or criminal proceedings.

15.13    Sec. 18. Minnesota Statutes 2006, section 245C.17, is amended by adding a
15.14subdivision to read:
15.15    Subd. 5. Notice to county or private agency. For studies on individuals related to a
15.16license to provide child foster care, the commissioner shall also provide a notice of the
15.17background study results to the county or private agency that initiated the background
15.18study.

15.19    Sec. 19. Minnesota Statutes 2006, section 245C.21, is amended by adding a
15.20subdivision to read:
15.21    Subd. 1a. Submission of reconsideration request to county or private agency.
15.22    (a) For disqualifications related to studies conducted by county agencies, and for
15.23disqualifications related to studies conducted by the commissioner for child foster care,
15.24the individual shall submit the request for reconsideration to the county or private agency
15.25that initiated the background study.
15.26    (b) A reconsideration request shall be submitted within the time frames specified in
15.2769.13subdivision 2.
15.28    (c) The county or private agency shall forward the individual's request for
15.29reconsideration and provide the commissioner with a recommendation whether to set aside
15.30the individual's disqualification.

15.31    Sec. 20. Minnesota Statutes 2006, section 245C.23, subdivision 2, is amended to read:
15.32    Subd. 2. Commissioner's notice of disqualification that is not set aside. (a) The
15.33commissioner shall notify the license holder of the disqualification and order the license
15.34holder to immediately remove the individual from any position allowing direct contact
15.35with persons receiving services from the license holder if:
16.1    (1) the individual studied does not submit a timely request for reconsideration
16.2under section 245C.21;
16.3    (2) the individual submits a timely request for reconsideration, but the commissioner
16.4does not set aside the disqualification for that license holder under section 245C.22;
16.5    (3) an individual who has a right to request a hearing under sections 245C.27 and
16.6256.045 , or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
16.7not request a hearing within the specified time; or
16.8    (4) an individual submitted a timely request for a hearing under sections 245C.27
16.9and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
16.10disqualification under section 245A.08, subdivision 5, or 256.045.
16.11    (b) If the commissioner does not set aside the disqualification under section 245C.22,
16.12and the license holder was previously ordered under section 245C.17 to immediately
16.13remove the disqualified individual from direct contact with persons receiving services or
16.14to ensure that the individual is under continuous, direct supervision when providing direct
16.15contact services, the order remains in effect pending the outcome of a hearing under
16.16sections 245C.27 and 256.045, or 245C.28 and chapter 14.
16.17    (c) For background studies related to child foster care, the commissioner shall
16.18also notify the county or private agency that initiated the study of the results of the
16.19reconsideration.

16.20    Sec. 21. [245C.33] ADOPTION BACKGROUND STUDY REQUIREMENTS.
16.21    Subdivision 1. Background studies conducted by commissioner. Before
16.22placement of a child for purposes of adoption, the commissioner shall conduct a
16.23background study on individuals listed in section 259.41, subdivision 3, for county
16.24agencies and private agencies licensed to place children for adoption.
16.25    Subd. 2. Information and data provided to county or private agency. The
16.26subject of the background study shall provide the following information to the county
16.27or private agency:
16.28    (1) the information specified in section 245C.05;
16.29    (2) a set of classifiable fingerprints obtained from an authorized agency; and
16.30    (3) for studies initiated by a private agency, a signed consent for the release of
16.31information received from national crime information databases to the private agency.
16.32    Subd. 3. Information and data provided to commissioner. The county or private
16.33agency shall forward the data collected under subdivision 2 to the commissioner.
16.34    Subd. 4. Information commissioner reviews.
17.1    (a) The commissioner shall review the following information regarding the
17.2background study subject:
17.3    (1) the information under section 245C.08, subdivisions 1, 3, and 4;
17.4    (2) information from the child abuse and neglect registry for any state in which the
17.5subject has resided for the past five years; and
17.6    (3) information from national crime information databases.
17.7    (b) The commissioner shall provide any information collected under this subdivision
17.8to the county or private agency that initiated the background study. The commissioner
17.9shall indicate if the information collected shows that the subject of the background study
17.10has a conviction listed in United States Code, title 42, section 671(a)(20)(A).

17.11    Sec. 22. [245C.34] ADOPTION AND CHILD FOSTER CARE BACKGROUND
17.12STUDIES; TRIBAL ORGANIZATIONS.
17.13    Subdivision 1. Background studies may be conducted by commissioner. (a)
17.14Tribal organizations may contract with the commissioner under section 245C.12 to obtain
17.15background study data on individuals under tribal jurisdiction related to adoptions.
17.16    (b) Tribal organizations may contract with the commissioner under section 245C.12
17.17to obtain background study data on individuals under tribal jurisdiction related to child
17.18foster care.
17.19    (c) Background studies initiated by tribal organizations under paragraphs (a) and (b)
17.20must be conducted as provided in subdivisions 2 and 3.
17.21    Subd. 2. Information and data provided to tribal organization. The background
17.22study subject must provide the following information to the tribal organization:
17.23    (1) for background studies related to adoptions, the information under section
17.24245C.05;
17.25    (2) for background studies related to child foster care, the information under section
17.26245C.05;
17.27    (3) a set of classifiable fingerprints obtained from an authorized agency; and
17.28    (4) a signed consent for the release of information received from national crime
17.29information databases to the tribal organization.
17.30    Subd. 3. Information and data provided to commissioner. The tribal organization
17.31shall forward the data collected under subdivision 2 to the commissioner.
17.32    Subd. 4. Information commissioner reviews. (a) The commissioner shall review
17.33the following information regarding the background study subject:
17.34    (1) the information under section 245C.08, subdivisions 1, 3, and 4;
17.35    (2) information from the child abuse and neglect registry for any state in which the
17.36subject has resided for the past five years; and
18.1    (3) information from national crime information databases.
18.2    (b) The commissioner shall provide any information collected under this subdivision
18.3to the tribal organization that initiated the background study. The commissioner shall
18.4indicate if the information collected shows that the subject of the background study has a
18.5conviction listed in United States Code, title 42, section 671(a)(20)(A).

18.6    Sec. 23. Minnesota Statutes 2006, section 259.20, subdivision 2, is amended to read:
18.7    Subd. 2. Other applicable law. (a) Portions of chapters 245A, 245C, 257, 260, and
18.8317A may also affect the adoption of a particular child.
18.9    (b) Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter
18.1021, sections 1901-1923, may also apply in the adoption of an Indian child, and may
18.11preempt specific provisions of this chapter.
18.12    (c) Consistent with chapters 245A and 245C and Public Law 109-248, a completed
18.13background study is required before the approval of any foster or adoptive placement in
18.14a related or an unrelated home.

18.15    Sec. 24. Minnesota Statutes 2006, section 259.29, subdivision 1, is amended to read:
18.16    Subdivision 1. Best interests of the child. (a) The policy of the state of Minnesota
18.17is to ensure that the best interests of the child are met by requiring individualized
18.18determination of the needs of the child and of how the adoptive placement will serve the
18.19needs of the child.
18.20    (b) Among the factors the agency shall consider in determining the needs of the child
18.21are those specified under section 260C.193, subdivision 3, paragraph (b).
18.22    (c) Except for emergency placements provided for in section 245A.03, a completed
18.23background study is required under section 245C.33 before the approval of an adoptive
18.24placement in a home.

18.25    Sec. 25. Minnesota Statutes 2006, section 259.41, is amended to read:
18.26259.41 ADOPTION STUDY.
18.27    Subdivision 1. Study required before placement; certain relatives excepted. (a)
18.28An approved adoption study; completed background study, as required under section
18.29245C.33; and written report must be completed before the child is placed in a prospective
18.30adoptive home under this chapter, except as allowed by section 259.47, subdivision 6.
18.31In an agency placement, the report must be filed with the court at the time the adoption
18.32petition is filed. In a direct adoptive placement, the report must be filed with the court in
18.33support of a motion for temporary preadoptive custody under section 259.47, subdivision
18.343 , or, if the study and report are complete, in support of an emergency order under section
18.35259.47, subdivision 6 . The study and report shall be completed by a licensed child-placing
19.1agency and must be thorough and comprehensive. The study and report shall be paid for
19.2by the prospective adoptive parent, except as otherwise required under section 259.67
19.3or 259.73.
19.4    (b) A placement for adoption with an individual who is related to the child, as
19.5defined by section 245A.02, subdivision 13, is not subject to this section except as required
19.6by section sections 245C.33 and 259.53, subdivision 2, paragraph (c).
19.7    (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
19.8parent's care, any portions of the foster care licensing process that duplicate requirements
19.9of the home study may be submitted in satisfaction of the relevant requirements of this
19.10section.
19.11    Subd. 2. Form of study. (a) The adoption study must include at least one in-home
19.12visit with the prospective adoptive parent. At a minimum, the study must include
19.13document the following information about the prospective adoptive parent:
19.14    (1) a background check study as required by subdivision 3 and section 245C.33,
19.15including and
19.16    (i) an evaluation assessment of the data and information provided by section
19.17245C.33, subdivision 4, to determine if the prospective adoptive parent and any other
19.18person over the age of 13 living in the home has a felony conviction consistent with
19.19subdivision 3 and section 471(a)(2) of the Social Security Act; and
19.20    (ii) an assessment of the effect of a any conviction or finding of substantiated
19.21maltreatment on the ability to capacity of the prospective adoptive parent to safely care for
19.22and parent a child;
19.23    (2) a medical and social history and assessment of current health;
19.24    (3) an assessment of potential parenting skills;
19.25    (4) an assessment of ability to provide adequate financial support for a child; and
19.26    (5) an assessment of the level of knowledge and awareness of adoption issues
19.27including, where appropriate, matters relating to interracial, cross-cultural, and special
19.28needs adoptions.
19.29    (b) The adoption study is the basis for completion of a written report. The report
19.30must be in a format specified by the commissioner and must contain recommendations
19.31regarding the suitability of the subject of the study to be an adoptive parent.
19.32    Subd. 3. Background check; affidavit of history study. (a) At the time an adoption
19.33study is commenced, each prospective adoptive parent must:
19.34    (1) authorize access by the agency to any private data needed to complete the study;
19.35    (2) provide all addresses at which the prospective adoptive parent and anyone in the
19.36household over the age of 13 has resided in the previous five years; and
20.1    (3) disclose any names used previously other than the name used at the time of
20.2the study.
20.3    (b) When the requirements of paragraph (a) have been met, the agency shall
20.4immediately begininitiate a background checkstudy under section 245C.33 to be
20.5completed by the commissioner, on each person over the age of 13 living in the home,
20.6consisting, at a minimum, of the following:. As required under section 245C.33 and Public
20.7Law 109-248, a completed background study is required before the approval of any foster
20.8or adoptive placement in a related or an unrelated home. The required background study
20.9must be completed as part of the home study.
20.10    (1) a check of criminal conviction data with the Bureau of Criminal Apprehension
20.11and local law enforcement authorities;
20.12    (2) a check for data on substantiated maltreatment of a child or vulnerable adult
20.13and domestic violence data with local law enforcement and social services agencies and
20.14district courts; and
20.15    (3) for those persons under the age of 25, a check of juvenile court records.
20.16    Notwithstanding the provisions of section 260B.171 or 260C.171, the Bureau of
20.17Criminal Apprehension, local law enforcement and social services agencies, district courts,
20.18and juvenile courts shall release the requested information to the agency completing
20.19the adoption study.
20.20    (c) When paragraph (b) requires checking the data or records of local law
20.21enforcement and social services agencies and district and juvenile courts, the agency
20.22shall check with the law enforcement and social services agencies and courts whose
20.23jurisdictions cover the addresses under paragraph (a), clause (2). In the event that the
20.24agency is unable to complete any of the record checks required by paragraph (b), the
20.25agency shall document the fact and the agency's efforts to obtain the information.
20.26    (d) For a study completed under this section, when the agency has reasonable
20.27cause to believe that further information may exist on the prospective adoptive parent or
20.28household member over the age of 13 that may relate to the health, safety, or welfare of
20.29the child, the prospective adoptive parent or household member over the age of 13 shall
20.30provide the agency with a set of classifiable fingerprints obtained from an authorized law
20.31enforcement agency and the agency may obtain criminal history data from the National
20.32Criminal Records Repository by submitting fingerprints to the Bureau of Criminal
20.33Apprehension. The agency has reasonable cause when, but not limited to, the:
20.34    (1) information from the Bureau of Criminal Apprehension indicates that the
20.35prospective adoptive parent or household member over the age of 13 is a multistate
20.36offender;
21.1    (2) information from the Bureau of Criminal Apprehension indicates that multistate
21.2offender status is undetermined;
21.3    (3) the agency has received a report from the prospective adoptive parent or
21.4household member over the age of 13 or a third party indicating that the prospective
21.5adoptive parent or household member over the age of 13 has a criminal history in a
21.6jurisdiction other than Minnesota; or
21.7    (4) the prospective adoptive parent or household member over the age of 13 is or has
21.8been a resident of a state other than Minnesota in the prior five years.
21.9    (e) At any time prior to completion of the background check required under
21.10paragraph (b), a prospective adoptive parent may submit to the agency conducting the
21.11study a sworn affidavit stating whether they or any person residing in the household have
21.12been convicted of a crime. The affidavit shall also state whether the adoptive parent or any
21.13other person residing in the household is the subject of an open investigation of, or have
21.14been the subject of a substantiated allegation of, child or vulnerable-adult maltreatment
21.15within the past ten years. A complete description of the crime, open investigation, or
21.16substantiated abuse, and a complete description of any sentence, treatment, or disposition
21.17must be included. The affidavit must contain an acknowledgment that if, at any time
21.18before the adoption is final, a court receives evidence leading to a conclusion that a
21.19prospective adoptive parent knowingly gave false information in the affidavit, it shall be
21.20determined that the adoption of the child by the prospective adoptive parent is not in the
21.21best interests of the child.
21.22    (f) For the purposes of subdivision 1 and section 259.47, subdivisions 3 and 6, an
21.23adoption study is complete for placement, even though the background checks required by
21.24paragraph (b) have not been completed, if each prospective adoptive parent has completed
21.25the affidavit allowed by paragraph (e) and the other requirements of this section have been
21.26met. The background checks required by paragraph (b) must be completed before an
21.27adoption petition is filed. If an adoption study has been submitted to the court under section
21.28259.47, subdivision 3 or 6, before the background checks required by paragraph (b) were
21.29complete, an updated adoption study report which includes the results of the background
21.30check must be filed with the adoption petition. In the event that an agency is unable to
21.31complete any of the records checks required by paragraph (b), the agency shall submit with
21.32the petition to adopt an affidavit documenting the agency's efforts to complete the checks.
21.33    (c) A home study under paragraph (b) used to consider placement of any child
21.34on whose behalf Title IV-E adoption assistance payments are to be made must not be
21.35approved if a background study reveals a felony conviction at any time for:
21.36    (1) child abuse or neglect;
22.1    (2) spousal abuse;
22.2    (3) a crime against children, including child pornography; or
22.3    (4) a crime involving violence, including rape, sexual assault, or homicide, but not
22.4including other physical assault or battery.
22.5    (d) A home study under paragraph (b) used to consider placement of any child
22.6on whose behalf Title IV-E adoption assistance payments are to be made must not be
22.7approved if a background study reveals a felony conviction within the past five years for:
22.8    (1) physical assault or battery; or
22.9    (2) a drug-related offense.
22.10    Subd. 4. Updates to adoption study; period of validity. An agency may update
22.11an adoption study and report as needed, regardless of when the original study and report
22.12or most recent update was completed. An update must be in a format specified by the
22.13commissioner and must verify the continuing accuracy of the elements of the original
22.14report and document any changes to elements of the original report. An update to a study
22.15and report not originally completed under this section must ensure that the study and
22.16report, as updated, meet the requirements of this section. An adoption study is valid if the
22.17report has been completed or updated within the previous 12 months.

22.18    Sec. 28. Minnesota Statutes 2006, section 259.53, subdivision 2, is amended to read:
22.19    Subd. 2. Adoption agencies; postplacement assessment and report. (a) The
22.20agency to which the petition has been referred under subdivision 1 shall conduct a
22.21postplacement assessment and file a report with the court within 90 days of receipt
22.22of a copy of the adoption petition. The agency shall send a copy of the report to the
22.23commissioner at the time it files the report with the court. The assessment and report
22.24must evaluate the environment and antecedents of the child to be adopted, the home of
22.25the petitioners, whether placement with the petitioners meets the needs of the child as
22.26described in section 259.57, subdivision 2. The report must include a recommendation to
22.27the court as to whether the petition should or should not be granted.
22.28    In making evaluations and recommendations, the postplacement assessment and
22.29report must, at a minimum, address the following:
22.30    (1) the level of adaptation by the prospective adoptive parents to parenting the child;
22.31    (2) the health and well-being of the child in the prospective adoptive parents' home;
22.32    (3) the level of incorporation by the child into the prospective adoptive parents'
22.33home, extended family, and community; and
22.34    (4) the level of inclusion of the child's previous history into the prospective adoptive
22.35home, such as cultural or ethnic practices, or contact with former foster parents or
22.36biological relatives.
23.1    (b) A postplacement adoption report is valid for 12 months following its date
23.2of completion.
23.3    (c) If the petitioner is an individual who is related to the child, as defined by section
23.4245A.02, subdivision 13, the agency, as part of its postplacement assessment and report
23.5under paragraph (a), shall conduct a background check meeting the requirements of
23.6section 259.41, subdivision 3, paragraph (b). The prospective adoptive parent shall
23.7cooperate in the completion of the background check by supplying the information and
23.8authorizations described in section 259.41, subdivision 3, paragraph (a).
23.9    (d) (c) If the report recommends that the court not grant the petition to adopt the
23.10child, the provisions of this paragraph apply. Unless the assessment and report were
23.11completed by the local social services agency, the agency completing the report, at the
23.12time it files the report with the court under paragraph (a), must provide a copy of the report
23.13to the local social services agency in the county where the prospective adoptive parent
23.14lives. The agency or local social services agency may recommend that the court dismiss
23.15the petition. If the local social services agency determines that continued placement in the
23.16home endangers the child's physical or emotional health, the agency shall seek a court
23.17order to remove the child from the home.
23.18    (e) (d) If, through no fault of the petitioner, the agency to whom the petition was
23.19referred under subdivision 1, paragraph (b), fails to complete the assessment and file the
23.20report within 90 days of the date it received a copy of the adoption petition, the court may
23.21hear the petition upon giving the agency and the local social services agency, if different,
23.22five days' notice by mail of the time and place of the hearing.

23.23    Sec. 29. Minnesota Statutes 2006, section 259.57, subdivision 2, is amended to read:
23.24    Subd. 2. Protection of child's best interests. (a) The policy of the state of
23.25Minnesota is to ensure that the best interests of children are met by requiring an
23.26individualized determination of the needs of the child and how the adoptive placement
23.27will serve the needs of the child.
23.28    (b) Among the factors the court shall consider in determining the needs of the child
23.29are those specified under section 260C.193, subdivision 3, paragraph (b). Consistent with
23.30section 245C.33 and Public Law 109-248, a completed background study is required
23.31before the approval of an adoptive placement in a home.
23.32    (c) In reviewing adoptive placement and in determining appropriate adoption,
23.33the court shall consider placement, consistent with the child's best interests and in the
23.34following order, with (1) a relative or relatives of the child, or (2) an important friend with
23.35whom the child has resided or had significant contact. Placement of a child cannot be
23.36delayed or denied based on race, color, or national origin of the adoptive parent or the
24.1child. Whenever possible, siblings should be placed together unless it is determined
24.2not to be in the best interests of a sibling.
24.3    (d) If the child's birth parent or parents explicitly request that relatives and important
24.4friends not be considered, the court shall honor that request consistent with the best
24.5interests of the child.
24.6    If the child's birth parent or parents express a preference for placing the child in an
24.7adoptive home of the same or a similar religious background to that of the birth parent
24.8or parents, the court shall place the child with a family that also meets the birth parent's
24.9religious preference. Only if no family is available as described in clause (a) or (b)
24.10may the court give preference to a family described in clause (c) that meets the parent's
24.11religious preference.
24.12    (e) This subdivision does not affect the Indian Child Welfare Act, United States
24.13Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
24.14Act, sections 260.751 to 260.835.

24.15    Sec. 30. Minnesota Statutes 2006, section 260C.209, is amended to read:
24.16260C.209 BACKGROUND CHECKS.
24.17    Subdivision 1. Subjects. The responsible social services agency must conduct
24.18initiate a background check study to be completed by the commissioner under this section
24.19of chapter 245C on the following individuals:
24.20    (1) a noncustodial parent or nonadjudicated parent who is being assessed for
24.21purposes of providing day-to-day care of a child temporarily or permanently under section
24.22260C.212, subdivision 4 , and any member of the parent's household who is over the age of
24.2313 when there is a reasonable cause to believe that the parent or household member over
24.24age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult
24.25which would endanger the child's health, safety, or welfare;
24.26    (2) an individual whose suitability for relative placement under section 260C.212,
24.27subdivision 5 , is being determined and any member of the relative's household who is
24.28over the age of 13 when:
24.29    (i) the relative must be licensed for foster care; or
24.30    (ii) the agency must conduct a background study is required under section 259.53,
24.31subdivision 2 ; or
24.32    (iii) the agency or the commissioner has reasonable cause to believe the relative
24.33or household member over the age of 13 has a criminal history which would not make
24.34transfer of permanent legal and physical custody to the relative under section 260C.201,
24.35subdivision 11 , in the child's best interest; and
25.1    (3) a parent, following an out-of-home placement, when the responsible social
25.2services agency has reasonable cause to believe that the parent has been convicted of a
25.3crime directly related to the parent's capacity to maintain the child's health, safety, or
25.4welfare or the parent is the subject of an open investigation of, or has been the subject
25.5of a substantiated allegation of, child or vulnerable-adult maltreatment within the past
25.6ten years.
25.7"Reasonable cause" means that the agency has received information or a report from the
25.8subject or a third person that creates an articulable suspicion that the individual has a
25.9history that may pose a risk to the health, safety, or welfare of the child. The information
25.10or report must be specific to the potential subject of the background check and shall not
25.11be based on the race, religion, ethnic background, age, class, or lifestyle of the potential
25.12subject.
25.13    Subd. 2. General procedures. (a) When conducting initiating a background check
25.14under subdivision 1, the agency may shall require the individual being assessed to provide
25.15sufficient information to ensure an accurate assessment under this section, including:
25.16    (1) the individual's first, middle, and last name and all other names by which the
25.17individual has been known;
25.18    (2) home address, zip code, city, county, and state of residence for the past ten years;
25.19    (3) sex;
25.20    (4) date of birth; and
25.21    (5) driver's license number or state identification number.
25.22    (b) When notified by the commissioner or the responsible social services agency that
25.23it is conducting an assessment under this section, the Bureau of Criminal Apprehension,
25.24commissioners of health and human services, law enforcement, and county agencies must
25.25provide the commissioner or responsible social services agency or county attorney with
25.26the following information on the individual being assessed: criminal history data, reports
25.27about the maltreatment of adults substantiated under section 626.557, and reports of
25.28maltreatment of minors substantiated under section 626.556.
25.29    Subd. 3. Multistate information. (a) For any assessment every background study
25.30completed under this section, if the responsible social services agency has reasonable
25.31cause to believe that the individual is a multistate offender, the individual must the subject
25.32of the background study shall provide the responsible social services agency or the
25.33county attorney with a set of classifiable fingerprints obtained from an authorized law
25.34enforcement agency. The responsible social services agency or county attorney may shall
25.35provide the fingerprints to the commissioner, and the commissioner shall obtain criminal
26.1history data from the National Criminal Records Repository by submitting the fingerprints
26.2to the Bureau of Criminal Apprehension.
26.3    (b) For purposes of this subdivision, the responsible social services agency has
26.4reasonable cause when, but not limited to:
26.5    (1) information from the Bureau of Criminal Apprehension indicates that the
26.6individual is a multistate offender;
26.7    (2) information from the Bureau of Criminal Apprehension indicates that multistate
26.8offender status is undetermined;
26.9    (3) the social services agency has received a report from the individual or a third
26.10party indicating that the individual has a criminal history in a jurisdiction other than
26.11Minnesota; or
26.12    (4) the individual is or has been a resident of a state other than Minnesota at any
26.13time during the prior ten years.
26.14    Subd. 4. Notice upon receipt. The responsible social services agency commissioner
26.15must provide the subject of the background study with the results of the studyas required
26.16under this section within 15 business days of receipt or at least 15 days prior to the hearing
26.17at which the results will be presented, whichever comes first. The subject may provide
26.18written information to the agency that the results are incorrect and may provide additional
26.19or clarifying information to the agency and to the court through a party to the proceeding.
26.20This provision does not apply to any background study conducted under chapters 245A
26.21and chapter 245C.

26.22    Sec. 31. Minnesota Statutes 2006, section 260C.212, subdivision 2, is amended to read:
26.23    Subd. 2. Placement decisions based on best interest of the child. (a) The policy
26.24of the state of Minnesota is to ensure that the child's best interests are met by requiring an
26.25individualized determination of the needs of the child and of how the selected placement
26.26will serve the needs of the child being placed. The authorized child-placing agency shall
26.27place a child, released by court order or by voluntary release by the parent or parents, in
26.28a family foster home selected by considering placement with relatives and important
26.29friends in the following order:
26.30    (1) with an individual who is related to the child by blood, marriage, or adoption; or
26.31    (2) with an individual who is an important friend with whom the child has resided or
26.32had significant contact.
26.33    (b) Among the factors the agency shall consider in determining the needs of the
26.34child are the following:
26.35    (1) the child's current functioning and behaviors;
26.36    (2) the medical, educational, and developmental needs of the child;
27.1    (3) the child's history and past experience;
27.2    (4) the child's religious and cultural needs;
27.3    (5) the child's connection with a community, school, and church;
27.4    (6) the child's interests and talents;
27.5    (7) the child's relationship to current caretakers, parents, siblings, and relatives; and
27.6    (8) the reasonable preference of the child, if the court, or the child-placing agency
27.7in the case of a voluntary placement, deems the child to be of sufficient age to express
27.8preferences.
27.9    (c) Placement of a child cannot be delayed or denied based on race, color, or national
27.10origin of the foster parent or the child.
27.11    (d) Siblings should be placed together for foster care and adoption at the earliest
27.12possible time unless it is determined not to be in the best interests of a sibling or unless it
27.13is not possible after appropriate efforts by the responsible social services agency.
27.14    (e) Except for emergency placements as provided for in section 245A.035, a
27.15completed background study is required under section 245C.08 before the approval of a
27.16foster placement in a related or unrelated home."
27.17Renumber the sections in sequence and correct internal references