1.1.................... moves to amend H.F. No. 1423, the first engrossment, as follows:
1.2Page 19, delete section 13
1.3Page 45, line 22, strike ", subdivision 2,"
1.4Page 61, delete lines 14 and 15 and insert:
1.5"
(6) the parent has committed an offense that requires registration as a predatory
1.6offender under section 243.166, subdivision 1b, paragraph (a) or (b); or"
1.7Page 87, after line 8, insert:
1.8 "Sec. .... Minnesota Statutes 2010, section 256.01, subdivision 14b, is amended to read:
1.9 Subd. 14b.
American Indian child welfare projects. (a) The commissioner of
1.10human services may authorize projects to test tribal delivery of child welfare services to
1.11American Indian children and their parents and custodians living on the reservation.
1.12The commissioner has authority to solicit and determine which tribes may participate
1.13in a project. Grants may be issued to Minnesota Indian tribes to support the projects.
1.14The commissioner may waive existing state rules as needed to accomplish the projects.
1.15Notwithstanding section
626.556, the commissioner may authorize projects to use
1.16alternative methods of investigating and assessing reports of child maltreatment, provided
1.17that the projects comply with the provisions of section
626.556 dealing with the rights
1.18of individuals who are subjects of reports or investigations, including notice and appeal
1.19rights and data practices requirements. The commissioner may seek any federal approvals
1.20necessary to carry out the projects as well as seek and use any funds available to the
1.21commissioner, including use of federal funds, foundation funds, existing grant funds,
1.22and other funds. The commissioner is authorized to advance state funds as necessary to
1.23operate the projects. Federal reimbursement applicable to the projects is appropriated
1.24to the commissioner for the purposes of the projects. The projects must be required to
1.25address responsibility for safety, permanency, and well-being of children.
1.26(b) For the purposes of this section, "American Indian child" means a person under
1.2718 years of age 21 years old and who is a tribal member or eligible for membership in
2.1one of the tribes chosen for a project under this subdivision and who is residing on the
2.2reservation of that tribe.
2.3(c) In order to qualify for an American Indian child welfare project, a tribe must:
2.4(1) be one of the existing tribes with reservation land in Minnesota;
2.5(2) have a tribal court with jurisdiction over child custody proceedings;
2.6(3) have a substantial number of children for whom determinations of maltreatment
2.7have occurred;
2.8(4) have capacity to respond to reports of abuse and neglect under section
626.556;
2.9(5) provide a wide range of services to families in need of child welfare services; and
2.10(6) have a tribal-state title IV-E agreement in effect.
2.11(d) Grants awarded under this section may be used for the nonfederal costs of
2.12providing child welfare services to American Indian children on the tribe's reservation,
2.13including costs associated with:
2.14(1) assessment and prevention of child abuse and neglect;
2.15(2) family preservation;
2.16(3) facilitative, supportive, and reunification services;
2.17(4) out-of-home placement for children removed from the home for child protective
2.18purposes; and
2.19(5) other activities and services approved by the commissioner that further the goals
2.20of providing safety, permanency, and well-being of American Indian children.
2.21(e) When a tribe has initiated a project and has been approved by the commissioner
2.22to assume child welfare responsibilities for American Indian children of that tribe under
2.23this section, the affected county social service agency is relieved of responsibility for
2.24responding to reports of abuse and neglect under section
626.556 for those children
2.25during the time within which the tribal project is in effect and funded. The commissioner
2.26shall work with tribes and affected counties to develop procedures for data collection,
2.27evaluation, and clarification of ongoing role and financial responsibilities of the county
2.28and tribe for child welfare services prior to initiation of the project. Children who have not
2.29been identified by the tribe as participating in the project shall remain the responsibility
2.30of the county. Nothing in this section shall alter responsibilities of the county for law
2.31enforcement or court services.
2.32(f) Participating tribes may conduct children's mental health screenings under section
2.33245.4874, subdivision 1
, paragraph (a), clause (14), for children who are eligible for the
2.34initiative and living on the reservation and who meet one of the following criteria:
2.35(1) the child must be receiving child protective services;
2.36(2) the child must be in foster care; or
3.1(3) the child's parents must have had parental rights suspended or terminated.
3.2Tribes may access reimbursement from available state funds for conducting the screenings.
3.3Nothing in this section shall alter responsibilities of the county for providing services
3.4under section
245.487.
3.5(g) Participating tribes may establish a local child mortality review panel. In
3.6establishing a local child mortality review panel, the tribe agrees to conduct local child
3.7mortality reviews for child deaths or near-fatalities occurring on the reservation under
3.8subdivision 12
. Tribes with established child mortality review panels shall have access
3.9to nonpublic data and shall protect nonpublic data under
subdivision 12, paragraphs (c)
3.10to (e). The tribe shall provide written notice to the commissioner and affected counties
3.11when a local child mortality review panel has been established and shall provide data upon
3.12request of the commissioner for purposes of sharing nonpublic data with members of the
3.13state child mortality review panel in connection to an individual case.
3.14(h) The commissioner shall collect information on outcomes relating to child safety,
3.15permanency, and well-being of American Indian children who are served in the projects.
3.16Participating tribes must provide information to the state in a format and completeness
3.17deemed acceptable by the state to meet state and federal reporting requirements."
3.18Page 113, after line 4, insert:
3.21 Sec. 1. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:
3.22 Subd. 7.
Hospital and Department of Health distribution of educational
3.23materials; recognition form. Hospitals that provide obstetric services and the state
3.24registrar of vital statistics shall distribute the educational materials and recognition
3.25of parentage forms prepared by the commissioner of human services to new parents
;
3.26and shall assist parents in understanding the recognition of parentage form, including
3.27following the provisions for notice under subdivision 5
; shall aid new parents in properly
3.28completing the recognition of parentage form, including providing notary services; and
3.29shall timely file the completed recognition of parentage form with the office of the state
3.30registrar of vital statistics. On and after January 1, 1994, hospitals may not distribute the
3.31declaration of parentage forms.
3.32 Sec. 2. Minnesota Statutes 2010, section 518C.205, is amended to read:
3.33518C.205 CONTINUING, EXCLUSIVE JURISDICTION.
4.1(a) A tribunal of this state issuing a support order consistent with the law of this state
4.2has continuing, exclusive jurisdiction over a child support order
unless:
4.3(1)
as long as this state
remains is no longer the residence of the obligor, the
4.4individual obligee,
or and the child for whose benefit the support order is issued; or
4.5(2)
until all of the parties who are individuals have filed written consents with
4.6the tribunal of this state for a tribunal of another state to modify the order and assume
4.7continuing, exclusive jurisdiction.
4.8(b) A tribunal of this state issuing a child support order consistent with the law of
4.9this state may not exercise its continuing jurisdiction to modify the order if the order has
4.10been modified by a tribunal of another state pursuant to this chapter or a law substantially
4.11similar to this chapter.
4.12(c) If a child support order of this state is modified by a tribunal of another state
4.13pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state
4.14loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the
4.15order issued in this state, and may only:
4.16(1) enforce the order that was modified as to amounts accruing before the
4.17modification;
4.18(2) enforce nonmodifiable aspects of that order; and
4.19(3) provide other appropriate relief for violations of that order which occurred before
4.20the effective date of the modification.
4.21(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a
4.22tribunal of another state which has issued a child support order pursuant to this chapter or
4.23a law substantially similar to this chapter.
4.24(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
4.25conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
4.26(f) A tribunal of this state issuing a support order consistent with the law of this
4.27state has continuing, exclusive jurisdiction over a spousal support order throughout the
4.28existence of the support obligation. A tribunal of this state may not modify a spousal
4.29support order issued by a tribunal of another state having continuing, exclusive jurisdiction
4.30over that order under the law of that state."
4.31Renumber the sections in sequence and correct the internal references
4.32Amend the title accordingly