1.1    .................... moves to amend H. F. No. 1169, the first engrossment, as follows:
1.2Page 11, after line 17, insert:

1.3    "Sec. 5. Minnesota Statutes 2006, section 259.67, subdivision 4, is amended to read:
1.4    Subd. 4. Eligibility conditions. (a) The placing agency shall use the AFDC
1.5requirements as specified in federal law as of July 16, 1996, when determining the child's
1.6eligibility for adoption assistance under title IV-E of the Social Security Act. If the child
1.7does not qualify, the placing agency shall certify a child as eligible for state funded
1.8adoption assistance only if the following criteria are met:
1.9    (1) Due to the child's characteristics or circumstances it would be difficult to provide
1.10the child an adoptive home without adoption assistance.
1.11    (2)(i) A placement agency has made reasonable efforts to place the child for adoption
1.12without adoption assistance, but has been unsuccessful; or
1.13    (ii) the child's licensed foster parents desire to adopt the child and it is determined by
1.14the placing agency that the adoption is in the best interest of the child.
1.15    (3) (i) The child has been a ward of the commissioner, a Minnesota-licensed
1.16child-placing agency, or a tribal social service agency of Minnesota recognized by the
1.17Secretary of the Interior; or (ii) the child will adopted according to trial law without a
1.18termination of parental rights or relinquishment, provided that the tribe has documented
1.19the valid reason why the child cannot or should not be returned to the home of the child's
1.20parent. The placing agency shall not certify a child who remains under the jurisdiction
1.21of the sending agency pursuant to section 260.851, article 5, for state-funded adoption
1.22assistance when Minnesota is the receiving state.
1.23    (b) For purposes of this subdivision, the characteristics or circumstances that may
1.24be considered in determining whether a child is a child with special needs under United
1.25States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of
1.26paragraph (a), clause (1), are the following:
2.1    (1) The child is a member of a sibling group to be placed as one unit in which at
2.2least one sibling is older than 15 months of age or is described in clause (2) or (3).
2.3    (2) The child has documented physical, mental, emotional, or behavioral disabilities.
2.4    (3) The child has a high risk of developing physical, mental, emotional, or behavioral
2.5disabilities.
2.6    (4) The child is adopted according to tribal law without a termination of parental
2.7rights or relinquishment, provided that the tribe has documented the valid reason why the
2.8child cannot or should not be returned to the home of the child's parent.
2.9    (c) When a child's eligibility for adoption assistance is based upon the high risk of
2.10developing physical, mental, emotional, or behavioral disabilities, payments shall not be
2.11made under the adoption assistance agreement unless and until the potential disability
2.12manifests itself as documented by an appropriate health care professional."
2.13Page 13, line 8, strike "when a child cannot be reunified with the parent or guardian
2.14from whom the"
2.15Page 13, line 9, strike "child was removed;"
2.16Page 19, after line 31, insert:

2.17    "Sec. 15. Minnesota Statutes 2006, section 260B.157, subdivision 1, is amended to
2.18read:
2.19    Subdivision 1. Investigation. Upon request of the court the local social services
2.20agency or probation officer shall investigate the personal and family history and
2.21environment of any minor coming within the jurisdiction of the court under section
2.22260B.101 and shall report its findings to the court. The court may order any minor coming
2.23within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
2.24psychologist appointed by the court.
2.25    The court shall have order a chemical use assessment conducted when a child is
2.26(1) found to be delinquent for violating a provision of chapter 152, or for committing a
2.27felony-level violation of a provision of chapter 609 if the probation officer determines
2.28that alcohol or drug use was a contributing factor in the commission of the offense, or
2.29(2) alleged to be delinquent for violating a provision of chapter 152, if the child is being
2.30held in custody under a detention order. The assessor's qualifications and the assessment
2.31criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
2.32chapter 254B are to be used to pay for the recommended treatment, the assessment and
2.33placement must comply with all provisions of Minnesota Rules, parts 9530.6600 to
2.349530.6655 and 9530.7000 to 9530.7030. The commissioner of human services shall
2.35reimburse the court for the cost of the chemical use assessment, up to a maximum of $100.
3.1    The court shall have order a children's mental health screening conducted when
3.2a child is found to be delinquent. The screening shall be conducted with a screening
3.3instrument approved by the commissioner of human services and shall be conducted by a
3.4mental health practitioner as defined in section 245.4871, subdivision 26, or a probation
3.5officer who is trained in the use of the screening instrument. If the screening indicates
3.6a need for assessment, the local social services agency, in consultation with the child's
3.7family, shall have a diagnostic assessment conducted, including a functional assessment,
3.8as defined in section 245.4871.
3.9    With the consent of the commissioner of corrections and agreement of the county to
3.10pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction
3.11in an institution maintained by the commissioner for the detention, diagnosis, custody and
3.12treatment of persons adjudicated to be delinquent, in order that the condition of the minor
3.13be given due consideration in the disposition of the case. Any funds received under the
3.14provisions of this subdivision shall not cancel until the end of the fiscal year immediately
3.15following the fiscal year in which the funds were received. The funds are available for
3.16use by the commissioner of corrections during that period and are hereby appropriated
3.17annually to the commissioner of corrections as reimbursement of the costs of providing
3.18these services to the juvenile courts."
3.19Page 35, after line 33, insert:

3.20    "Sec. 22. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:
3.21    Subd. 2. Definitions. As used in this section, the following terms have the meanings
3.22given them unless the specific content indicates otherwise:
3.23    (a) "Family assessment" means a comprehensive assessment of child safety, risk
3.24of subsequent child maltreatment, and family strengths and needs that is applied to a
3.25child maltreatment report that does not allege substantial child endangerment. Family
3.26assessment does not include a determination as to whether child maltreatment occurred
3.27but does determine the need for services to address the safety of family members and the
3.28risk of subsequent maltreatment.
3.29    (b) "Investigation" means fact gathering related to the current safety of a child
3.30and the risk of subsequent maltreatment that determines whether child maltreatment
3.31occurred and whether child protective services are needed. An investigation must be used
3.32when reports involve substantial child endangerment, and for reports of maltreatment in
3.33facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
3.34144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
3.3513, and 124D.10; or in a nonlicensed personal care provider association as defined in
3.36sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
4.1    (c) "Substantial child endangerment" means a person responsible for a child's care,
4.2and in the case of sexual abuse includes a person who has a significant relationship to the
4.3child as defined in section 609.341, or a person in a position of authority as defined in
4.4section 609.341, who by act or omission commits or attempts to commit an act against a
4.5child under their care that constitutes any of the following:
4.6    (1) egregious harm as defined in section 260C.007, subdivision 14;
4.7    (2) sexual abuse as defined in paragraph (d);
4.8    (3) abandonment under section 260C.301, subdivision 2;
4.9    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
4.10child's physical or mental health, including a growth delay, which may be referred to as
4.11failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
4.12    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
4.13609.195;
4.14    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
4.15    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
4.16609.223;
4.17    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
4.18    (9) criminal sexual conduct under sections 609.342 to 609.3451;
4.19    (10) solicitation of children to engage in sexual conduct under section 609.352;
4.20    (11) malicious punishment or neglect or endangerment of a child under section
4.21609.377 or 609.378;
4.22    (12) use of a minor in sexual performance under section 617.246; or
4.23    (13) parental behavior, status, or condition which mandates that the county attorney
4.24file a termination of parental rights petition under section 260C.301, subdivision 3,
4.25paragraph (a).
4.26    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
4.27child's care, by a person who has a significant relationship to the child, as defined in
4.28section 609.341, or by a person in a position of authority, as defined in section 609.341,
4.29subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
4.30conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
4.31609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
4.32in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
4.33abuse also includes any act which involves a minor which constitutes a violation of
4.34prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
4.35threatened sexual abuse.
5.1    (e) "Person responsible for the child's care" means (1) an individual functioning
5.2within the family unit and having responsibilities for the care of the child such as a
5.3parent, guardian, or other person having similar care responsibilities, or (2) an individual
5.4functioning outside the family unit and having responsibilities for the care of the child
5.5such as a teacher, school administrator, other school employees or agents, or other lawful
5.6custodian of a child having either full-time or short-term care responsibilities including,
5.7but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
5.8and coaching.
5.9    (f) "Neglect" means:
5.10    (1) failure by a person responsible for a child's care to supply a child with necessary
5.11food, clothing, shelter, health, medical, or other care required for the child's physical or
5.12mental health when reasonably able to do so;
5.13    (2) failure to protect a child from conditions or actions that seriously endanger the
5.14child's physical or mental health when reasonably able to do so, including a growth delay,
5.15which may be referred to as a failure to thrive, that has been diagnosed by a physician and
5.16is due to parental neglect;
5.17    (3) failure to provide for necessary supervision or child care arrangements
5.18appropriate for a child after considering factors as the child's age, mental ability, physical
5.19condition, length of absence, or environment, when the child is unable to care for the
5.20child's own basic needs or safety, or the basic needs or safety of another child in their care;
5.21    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
5.22260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
5.23child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
5.24    (5) nothing in this section shall be construed to mean that a child is neglected solely
5.25because the child's parent, guardian, or other person responsible for the child's care in
5.26good faith selects and depends upon spiritual means or prayer for treatment or care of
5.27disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
5.28or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
5.29if a lack of medical care may cause serious danger to the child's health. This section does
5.30not impose upon persons, not otherwise legally responsible for providing a child with
5.31necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
5.32    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
5.33subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
5.34symptoms in the child at birth, results of a toxicology test performed on the mother at
5.35delivery or the child at birth, or medical effects or developmental delays during the child's
5.36first year of life that medically indicate prenatal exposure to a controlled substance;
6.1    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
6.2    (8) chronic and severe use of alcohol or a controlled substance by a parent or
6.3person responsible for the care of the child that adversely affects the child's basic needs
6.4and safety; or
6.5    (9) emotional harm from a pattern of behavior which contributes to impaired
6.6emotional functioning of the child which may be demonstrated by a substantial and
6.7observable effect in the child's behavior, emotional response, or cognition that is not
6.8within the normal range for the child's age and stage of development, with due regard to
6.9the child's culture.
6.10    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
6.11inflicted by a person responsible for the child's care on a child other than by accidental
6.12means, or any physical or mental injury that cannot reasonably be explained by the child's
6.13history of injuries, or any aversive or deprivation procedures, or regulated interventions,
6.14that have not been authorized under section 121A.67 or 245.825. Abuse does not include
6.15reasonable and moderate physical discipline of a child administered by a parent or legal
6.16guardian which does not result in an injury. Abuse does not include the use of reasonable
6.17force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
6.18which are not reasonable and moderate include, but are not limited to, any of the following
6.19that are done in anger or without regard to the safety of the child:
6.20    (1) throwing, kicking, burning, biting, or cutting a child;
6.21    (2) striking a child with a closed fist;
6.22    (3) shaking a child under age three;
6.23    (4) striking or other actions which result in any nonaccidental injury to a child
6.24under 18 months of age;
6.25    (5) unreasonable interference with a child's breathing;
6.26    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
6.27    (7) striking a child under age one on the face or head;
6.28    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
6.29substances which were not prescribed for the child by a practitioner, in order to control or
6.30punish the child; or other substances that substantially affect the child's behavior, motor
6.31coordination, or judgment or that results in sickness or internal injury, or subjects the
6.32child to medical procedures that would be unnecessary if the child were not exposed
6.33to the substances;
6.34    (9) unreasonable physical confinement or restraint not permitted under section
6.35609.379, including but not limited to tying, caging, or chaining; or
7.1    (10) in a school facility or school zone, an act by a person responsible for the child's
7.2care that is a violation under section 121A.58.
7.3    (h) "Report" means any report received by the local welfare agency, police
7.4department, county sheriff, or agency responsible for assessing or investigating
7.5maltreatment pursuant to this section.
7.6    (i) "Facility" means:
7.7    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
7.8sanitarium, or other facility or institution required to be licensed under sections 144.50 to
7.9144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
7.10    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
7.11124D.10; or
7.12    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
7.13subdivision 16, and 256B.0625, subdivision 19a.
7.14    (j) "Operator" means an operator or agency as defined in section 245A.02.
7.15    (k) "Commissioner" means the commissioner of human services.
7.16    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
7.17not limited to employee assistance counseling and the provision of guardian ad litem and
7.18parenting time expeditor services.
7.19    (m) "Mental injury" means an injury to the psychological capacity or emotional
7.20stability of a child as evidenced by an observable or substantial impairment in the child's
7.21ability to function within a normal range of performance and behavior with due regard to
7.22the child's culture.
7.23    (n) "Threatened injury" means a statement, overt act, condition, or status that
7.24represents a substantial risk of physical or sexual abuse or mental injury. Threatened
7.25injury includes, but is not limited to, exposing a child to a person responsible for the
7.26child's care, as defined in paragraph (e), clause (1), who has:
7.27    (1) subjected a child to, or failed to protect a child from, an overt act or condition
7.28that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
7.29similar law of another jurisdiction;
7.30    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
7.31(4), or a similar law of another jurisdiction;
7.32    (3) committed an act that has resulted in an involuntary termination of parental rights
7.33under section 260C.301, or a similar law of another jurisdiction; or
7.34    (4) committed an act that has resulted in the involuntary transfer of permanent legal
7.35and physical custody of a child to a relative under section 260C.201, subdivision 11,
7.36paragraph (d), clause (1), or a similar law of another jurisdiction.
8.1    (o) Persons who conduct assessments or investigations under this section shall take
8.2into account accepted child-rearing practices of the culture in which a child participates
8.3and accepted teacher discipline practices, which are not injurious to the child's health,
8.4welfare, and safety.

8.5    Sec. 23. Minnesota Statutes 2006, section 626.556, subdivision 3, is amended to read:
8.6    Subd. 3. Persons mandated to report. (a) A person who knows or has reason
8.7to believe a child is being neglected or physically or sexually abused, as defined in
8.8subdivision 2, or has been neglected or physically or sexually abused within the preceding
8.9three years, shall immediately report the information to the local welfare agency, agency
8.10responsible for assessing or investigating the report, police department, or the county
8.11sheriff if the person is:
8.12    (1) a professional or professional's delegate who is engaged in the practice of
8.13the healing arts, social services, hospital administration, psychological or psychiatric
8.14treatment, child care, education, correctional supervision, probation and correctional
8.15services, or law enforcement; or
8.16    (2) employed as a member of the clergy and received the information while
8.17engaged in ministerial duties, provided that a member of the clergy is not required by
8.18this subdivision to report information that is otherwise privileged under section 595.02,
8.19subdivision 1 , paragraph (c).
8.20    The police department or the county sheriff, upon receiving a report, shall
8.21immediately notify the local welfare agency or agency responsible for assessing or
8.22investigating the report, orally and in writing. The local welfare agency, or agency
8.23responsible for assessing or investigating the report, upon receiving a report, shall
8.24immediately notify the local police department or the county sheriff orally and in writing.
8.25The county sheriff and the head of every local welfare agency, agency responsible
8.26for assessing or investigating reports, and police department shall each designate a
8.27person within their agency, department, or office who is responsible for ensuring that
8.28the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
8.29this subdivision shall be construed to require more than one report from any institution,
8.30facility, school, or agency.
8.31    (b) Any person may voluntarily report to the local welfare agency, agency
8.32responsible for assessing or investigating the report, police department, or the county
8.33sheriff if the person knows, has reason to believe, or suspects a child is being or has been
8.34neglected or subjected to physical or sexual abuse. The police department or the county
8.35sheriff, upon receiving a report, shall immediately notify the local welfare agency or
8.36agency responsible for assessing or investigating the report, orally and in writing. The
9.1local welfare agency or agency responsible for assessing or investigating the report, upon
9.2receiving a report, shall immediately notify the local police department or the county
9.3sheriff orally and in writing.
9.4    (c) A person mandated to report physical or sexual child abuse or neglect occurring
9.5within a licensed facility shall report the information to the agency responsible for
9.6licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
9.7chapter 245B; or a nonlicensed personal care provider organization as defined in sections
9.8256B.04, subdivision 16 ; and 256B.0625, subdivision 19. A health or corrections agency
9.9receiving a report may request the local welfare agency to provide assistance pursuant
9.10to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work
9.11within a school facility, upon receiving a complaint of alleged maltreatment, shall provide
9.12information about the circumstances of the alleged maltreatment to the commissioner of
9.13education. Section 13.03, subdivision 4, applies to data received by the commissioner of
9.14education from a licensing entity.
9.15    (d) Any person mandated to report shall receive a summary of the disposition of
9.16any report made by that reporter, including whether the case has been opened for child
9.17protection or other services, or if a referral has been made to a community organization,
9.18unless release would be detrimental to the best interests of the child. Any person who is
9.19not mandated to report shall, upon request to the local welfare agency, receive a concise
9.20summary of the disposition of any report made by that reporter, unless release would be
9.21detrimental to the best interests of the child.
9.22    (e) For purposes of this subdivision section, "immediately" means as soon as
9.23possible but in no event longer than 24 hours."
9.24Page 42, after line 26, insert:

9.25    "Sec. 26. Minnesota Statutes 2006, section 626.556, subdivision 10c, is amended to
9.26read:
9.27    Subd. 10c. Duties of local social service agency upon receipt of a report of
9.28medical neglect. If the report alleges medical neglect as defined in section 260C.007,
9.29subdivision 4 6 , clause (5), the local welfare agency shall, in addition to its other duties
9.30under this section, immediately consult with designated hospital staff and with the parents
9.31of the infant to verify that appropriate nutrition, hydration, and medication are being
9.32provided; and shall immediately secure an independent medical review of the infant's
9.33medical charts and records and, if necessary, seek a court order for an independent medical
9.34examination of the infant. If the review or examination leads to a conclusion of medical
9.35neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings
10.1under section 260C.141 and by filing an expedited motion to prevent the withholding of
10.2medically indicated treatment. "
10.3Page 61, after line 34 insert:

10.4    "Sec. 26. Minnesota Statutes 2006, section 259.47, subdivision 3, is amended to read:
10.5    Subd. 3. Preadoptive custody order. (a) Before a child is placed in a prospective
10.6adoptive home by a birth parent or legal guardian, other than an agency, the placement
10.7must be approved by the district court in the county where the prospective adoptive parent
10.8resides. Consistent with chapter 245C and Public Law 109-248, a completed background
10.9study is required before the approval of any foster or adoptive placement in a related or
10.10an unrelated home. An order under this subdivision or subdivision 6 shall state that the
10.11prospective adoptive parent's right to custody of the child is subject to the birth parent's
10.12right to custody until the consents to the child's adoption become irrevocable. At the time
10.13of placement, prospective adoptive parents must have for the child qualifying existing
10.14coverage as defined in section 62L.02, subdivision 24, or other similar comprehensive
10.15health care coverage. The preadoptive custody order must include any agreement reached
10.16between the prospective adoptive parent and the birth parent regarding authority to make
10.17decisions after placement for medical care of the child and responsibility for payment for
10.18medical care not provided by the adoptive parent's existing health care coverage. The
10.19prospective adoptive parent must meet the residence requirements of section 259.22,
10.20subdivision 1 , and must file with the court an affidavit of intent to remain a resident of
10.21the state for at least three months after the child is placed in the prospective adoptive
10.22home. The prospective adoptive parent shall file with the court a notice of intent to file
10.23an adoption petition and submit a written motion seeking an order granting temporary
10.24preadoptive custody. The notice and motion required under this subdivision may be
10.25considered by the court ex parte, without a hearing. The prospective adoptive parent
10.26shall serve a copy of the notice and motion upon any parent whose consent is required
10.27under section 259.24 or who is named in the affidavit required under paragraph (b) if that
10.28person's mailing address is known. The motion may be filed up to 60 days before the
10.29placement is to be made and must include:
10.30    (1) the adoption study required under section 259.41;
10.31    (2) affidavits from the birth parents indicating their support of the motion, or, if there
10.32is no affidavit from the birth father, an affidavit from the birth mother under paragraph (b);
10.33    (3) an itemized statement of expenses that have been paid and an estimate of
10.34expenses that will be paid by the prospective adoptive parents to the birth parents, any
10.35agency, attorney, or other party in connection with the prospective adoption;
10.36    (4) the name of counsel for each party, if any;
11.1    (5) a statement that the birth parents:
11.2    (i) have provided the social and medical history required under section 259.43 to
11.3the prospective adoptive parent;
11.4    (ii) have received the written statement of their legal rights and responsibilities
11.5under section 259.39; and
11.6    (iii) have been notified of their right to receive counseling under subdivision 4; and
11.7    (6) the name of the agency chosen by the adoptive parent to supervise the adoptive
11.8placement and complete the postplacement assessment required by section 259.53,
11.9subdivision 2 .
11.10    The court shall review the expense statement submitted under this subdivision to
11.11determine whether payments made or to be made by the prospective adoptive parent are
11.12lawful and in accordance with section 259.55, subdivision 1.
11.13    (b) If the birth mother submits the affidavit required in paragraph (a), clause (2),
11.14but the birth father fails to do so, the birth mother must submit an additional affidavit that
11.15describes her good faith efforts or efforts made on her behalf to identify and locate the
11.16birth father for purposes of securing his consent. In the following circumstances the
11.17birth mother may instead submit an affidavit stating on which ground she is exempt from
11.18making efforts to identify and locate the father:
11.19    (1) the child was conceived as the result of incest or rape;
11.20    (2) efforts to locate the father by the affiant or anyone acting on the affiant's behalf
11.21could reasonably result in physical harm to the birth mother or child; or
11.22    (3) efforts to locate the father by the affiant or anyone acting on the affiant's behalf
11.23could reasonably result in severe emotional distress of the birth mother or child.
11.24    A court shall consider the motion for temporary preadoptive custody within 30
11.25days of receiving the motion or by the anticipated placement date stated in the motion,
11.26whichever comes sooner."
11.27Page 63, after line 33 insert:

11.28    "Sec. 28. Minnesota Statutes 2006, section 260C.193, subdivision 3, is amended to
11.29read:
11.30    Subd. 3. Best interest of the child in foster care or residential care. (a) The
11.31policy of the state is to ensure that the best interests of children in foster or residential care
11.32are met by requiring individualized determinations under section 260C.212, subdivision 2,
11.33paragraph (b), of the needs of the child and of how the selected placement will serve the
11.34needs of the child in foster care placements.
11.35    (b) The court shall review whether the responsible social services agency made
11.36efforts as required under section 260C.212, subdivision 5, and made an individualized
12.1determination as required under section 260C.212, subdivision 2. If the court finds the
12.2agency has not made efforts as required under section 260C.212, subdivision 5, and there
12.3is a relative who qualifies to be licensed to provide family foster care under chapter 245A,
12.4the court may order the child placed with the relative consistent with the child's best
12.5interests. Consistent with chapters 245A and 245C and Public Law 109-248, a completed
12.6background study is required before the approval of any foster or adoptive placement in
12.7a related or an unrelated home.
12.8    (c) If the child's birth parent or parents explicitly request that a relative or important
12.9friend not be considered, the court shall honor that request if it is consistent with the best
12.10interests of the child. If the child's birth parent or parents express a preference for placing
12.11the child in a foster or adoptive home of the same or a similar religious background to
12.12that of the birth parent or parents, the court shall order placement of the child with an
12.13individual who meets the birth parent's religious preference.
12.14    (d) Placement of a child cannot be delayed or denied based on race, color, or national
12.15origin of the foster parent or the child.
12.16    (e) Whenever possible, siblings should be placed together unless it is determined
12.17not to be in the best interests of a sibling. If siblings are not placed together according to
12.18section 260C.212, subdivision 2, paragraph (d), the responsible social services agency
12.19shall report to the court the efforts made to place the siblings together and why the
12.20efforts were not successful. If the court is not satisfied with the agency's efforts to place
12.21siblings together, the court may order the agency to make further efforts. If siblings are
12.22not placed together the court shall review the responsible social services agency's plan
12.23for visitation among siblings required as part of the out-of-home placement plan under
12.24section 260C.212.
12.25    (f) This subdivision does not affect the Indian Child Welfare Act, United States
12.26Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act,
12.27sections 260.751 to 260.835. "
12.28Renumber the sections in sequence and correct the internal references
12.29Amend the title accordingly