1.1.................... moves to amend H.F. No. 1423, the second engrossment, as follows:
1.2Page 1, after line 5, insert:

1.5Page 23, after line 11, insert:


1.8    Section 1. Minnesota Statutes 2010, section 260.012, is amended to read:
1.9260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
1.10REUNIFICATION; REASONABLE EFFORTS.
1.11    (a) Once a child alleged to be in need of protection or services is under the court's
1.12jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
1.13services, by the social services agency are made to prevent placement or to eliminate the
1.14need for removal and to reunite the child with the child's family at the earliest possible
1.15time, and the court must ensure that the responsible social services agency makes
1.16reasonable efforts to finalize an alternative permanent plan for the child as provided in
1.17paragraph (e). In determining reasonable efforts to be made with respect to a child and in
1.18making those reasonable efforts, the child's best interests, health, and safety must be of
1.19paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
1.20reunification are always required except upon a determination by the court that a petition
1.21has been filed stating a prima facie case that:
1.22    (1) the parent has subjected a child to egregious harm as defined in section
1.23260C.007, subdivision 14 ;
1.24    (2) the parental rights of the parent to another child have been terminated
1.25involuntarily;
2.1    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
2.2paragraph (a), clause (2);
2.3    (4) the parent's custodial rights to another child have been involuntarily transferred
2.4to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar
2.5law of another jurisdiction; or
2.6(5) the parent has committed sexual abuse as defined in section 626.556, subdivision
2.72, against the child or another child of the parent;
2.8(6) the parent has committed an offense that requires registration as a predatory
2.9offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
2.10    (5) (7) the provision of services or further services for the purpose of reunification is
2.11futile and therefore unreasonable under the circumstances.
2.12    (b) When the court makes one of the prima facie determinations under paragraph (a),
2.13either permanency pleadings under section 260C.201, subdivision 11, or a termination
2.14of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
2.15permanency hearing under section 260C.201, subdivision 11, must be held within 30
2.16days of this determination.
2.17    (c) In the case of an Indian child, in proceedings under sections 260B.178 or
2.18260C.178 , 260C.201, and 260C.301 the juvenile court must make findings and conclusions
2.19consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
2.201901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
2.21Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
2.22services agency must provide active efforts as required under United States Code, title
2.2325, section 1911(d).
2.24    (d) "Reasonable efforts to prevent placement" means:
2.25    (1) the agency has made reasonable efforts to prevent the placement of the child in
2.26foster care by working with the family to develop and implement a safety plan; or
2.27    (2) given the particular circumstances of the child and family at the time of the
2.28child's removal, there are no services or efforts available which could allow the child to
2.29safely remain in the home.
2.30    (e) "Reasonable efforts to finalize a permanent plan for the child" means due
2.31diligence by the responsible social services agency to:
2.32    (1) reunify the child with the parent or guardian from whom the child was removed;
2.33    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
2.34where appropriate, provide services necessary to enable the noncustodial parent to safely
2.35provide the care, as required by section 260C.212, subdivision 4;
3.1    (3) conduct a relative search to identify and provide notice to adult relatives as
3.2required under section 260C.212, subdivision 5;
3.3(4) place siblings removed from their home in the same home for foster care or
3.4adoption, or transfer permanent legal and physical custody to a relative. Visitation
3.5between siblings who are not in the same foster care, adoption, or custodial placement or
3.6facility shall be consistent with section 260C.212, subdivision 2; and
3.7    (5) when the child cannot return to the parent or guardian from whom the child was
3.8removed, to plan for and finalize a safe and legally permanent alternative home for the
3.9child, and considers permanent alternative homes for the child inside or outside of the
3.10state, preferably through adoption or transfer of permanent legal and physical custody of
3.11the child.
3.12    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible
3.13social services agency to use culturally appropriate and available services to meet the
3.14needs of the child and the child's family. Services may include those provided by the
3.15responsible social services agency and other culturally appropriate services available in
3.16the community. At each stage of the proceedings where the court is required to review
3.17the appropriateness of the responsible social services agency's reasonable efforts as
3.18described in paragraphs (a), (d), and (e), the social services agency has the burden of
3.19demonstrating that:
3.20    (1) it has made reasonable efforts to prevent placement of the child in foster care;
3.21    (2) it has made reasonable efforts to eliminate the need for removal of the child from
3.22the child's home and to reunify the child with the child's family at the earliest possible time;
3.23    (3) it has made reasonable efforts to finalize an alternative permanent home for
3.24the child, and considers permanent alternative homes for the child inside or outside of
3.25the state; or
3.26    (4) reasonable efforts to prevent placement and to reunify the child with the parent
3.27or guardian are not required. The agency may meet this burden by stating facts in a sworn
3.28petition filed under section 260C.141, by filing an affidavit summarizing the agency's
3.29reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
3.30efforts to reunify the parent and child, or through testimony or a certified report required
3.31under juvenile court rules.
3.32    (g) Once the court determines that reasonable efforts for reunification are not
3.33required because the court has made one of the prima facie determinations under paragraph
3.34(a), the court may only require reasonable efforts for reunification after a hearing according
3.35to section 260C.163, where the court finds there is not clear and convincing evidence of
3.36the facts upon which the court based its prima facie determination. In this case when there
4.1is clear and convincing evidence that the child is in need of protection or services, the
4.2court may find the child in need of protection or services and order any of the dispositions
4.3available under section 260C.201, subdivision 1. Reunification of a surviving child with a
4.4parent is not required if the parent has been convicted of:
4.5    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections
4.6609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
4.7parent;
4.8    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
4.9surviving child; or
4.10    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States
4.11Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.;
4.12(4) committing sexual abuse as defined in section 626.556, subdivision 2, against
4.13the child or another child of the parent; or
4.14(5) an offense that requires registration as a predatory offender under section
4.15243.166, subdivision 1b, paragraph (a) or (b).
4.16    (h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
4.17260C.201 , and 260C.301 shall make findings and conclusions as to the provision of
4.18reasonable efforts. When determining whether reasonable efforts have been made, the
4.19court shall consider whether services to the child and family were:
4.20    (1) relevant to the safety and protection of the child;
4.21    (2) adequate to meet the needs of the child and family;
4.22    (3) culturally appropriate;
4.23    (4) available and accessible;
4.24    (5) consistent and timely; and
4.25    (6) realistic under the circumstances.
4.26    In the alternative, the court may determine that provision of services or further
4.27services for the purpose of rehabilitation is futile and therefore unreasonable under the
4.28circumstances or that reasonable efforts are not required as provided in paragraph (a).
4.29    (i) This section does not prevent out-of-home placement for treatment of a child with
4.30a mental disability when it is determined to be medically necessary as a result of the child's
4.31diagnostic assessment or individual treatment plan indicates that appropriate and necessary
4.32treatment cannot be effectively provided outside of a residential or inpatient treatment
4.33program and the level or intensity of supervision and treatment cannot be effectively and
4.34safely provided in the child's home or community and it is determined that a residential
4.35treatment setting is the least restrictive setting that is appropriate to the needs of the child.
5.1    (j) If continuation of reasonable efforts to prevent placement or reunify the child
5.2with the parent or guardian from whom the child was removed is determined by the court
5.3to be inconsistent with the permanent plan for the child or upon the court making one of
5.4the prima facie determinations under paragraph (a), reasonable efforts must be made to
5.5place the child in a timely manner in a safe and permanent home and to complete whatever
5.6steps are necessary to legally finalize the permanent placement of the child.
5.7    (k) Reasonable efforts to place a child for adoption or in another permanent
5.8placement may be made concurrently with reasonable efforts to prevent placement or to
5.9reunify the child with the parent or guardian from whom the child was removed. When
5.10the responsible social services agency decides to concurrently make reasonable efforts for
5.11both reunification and permanent placement away from the parent under paragraph (a), the
5.12agency shall disclose its decision and both plans for concurrent reasonable efforts to all
5.13parties and the court. When the agency discloses its decision to proceed on both plans for
5.14reunification and permanent placement away from the parent, the court's review of the
5.15agency's reasonable efforts shall include the agency's efforts under both plans.

5.16    Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read:
5.17260C.001 TITLE, INTENT, AND CONSTRUCTION.
5.18    Subdivision 1. Citation; scope. (a) Sections 260C.001 to 260C.451 260C.521 may
5.19be cited as the child juvenile protection provisions of the Juvenile Court Act.
5.20(b) Juvenile protection proceedings include:
5.21(1) a child in need of protection or services matters;
5.22(2) permanency matters, including termination of parental rights;
5.23(3) postpermanency reviews under sections 260C.521 and 260C.607; and
5.24(4) adoption matters including posttermination of parental rights proceedings that
5.25review the responsible social services agency's reasonable efforts to finalize adoption.
5.26    Subd. 2. Child in need of Juvenile protection services proceedings. (a) The
5.27paramount consideration in all juvenile protection proceedings concerning a child alleged
5.28or found to be in need of protection or services is the health, safety, and best interests
5.29of the child. In proceedings involving an American Indian child, as defined in section
5.30260.755, subdivision 8 , the best interests of the child must be determined consistent with
5.31sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title
5.3225, sections 1901 to 1923.
5.33    (b) The purpose of the laws relating to juvenile courts protection proceedings is:
6.1    (1) to secure for each child alleged or adjudicated in need of protection or services
6.2and under the jurisdiction of the court, the care and guidance, preferably in the child's own
6.3home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
6.4    (2) to provide judicial procedures which that protect the welfare of the child;
6.5    (3) to preserve and strengthen the child's family ties whenever possible and in the
6.6child's best interests, removing the child from the custody of parents only when the child's
6.7welfare or safety cannot be adequately safeguarded without removal;
6.8    (4) to ensure that when removal from the child's own family is necessary and in the
6.9child's best interests, the responsible social services agency has legal responsibility for
6.10the child removal either:
6.11    (i) pursuant to a voluntary placement agreement between the child's parent or
6.12guardian or the child, when the child is over age 18, and the responsible social services
6.13agency; or
6.14    (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
6.15260C.178; 260C.201; 260C.325; or 260C.515;
6.16    (5) to ensure that, when placement is pursuant to court order, the court order
6.17removing the child or continuing the child in foster care contains an individualized
6.18determination that placement is in the best interests of the child that coincides with the
6.19actual removal of the child; and
6.20    (6) to ensure that when the child is removed, the child's care and discipline is, as
6.21nearly as possible, equivalent to that which should have been given by the parents and is
6.22either in:
6.23    (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
6.24subdivision 1, paragraph (a), clause (1);
6.25    (ii) the home of a relative pursuant to emergency placement by the responsible social
6.26services agency under chapter 245A; or
6.27    (iii) a foster home care licensed under chapter 245A.; and
6.28(7) to ensure appropriate permanency planning for children in foster care including:
6.29(i) unless reunification is not required under section 260.012, developing a
6.30permanency plan for the child that includes a primary plan for reunification with the
6.31child's parent or guardian and a secondary plan for an alternative, legally permanent home
6.32for the child in the event reunification cannot be achieved in a timely manner;
6.33(ii) identifying, locating, and assessing both parents of the child as soon as possible
6.34and offering reunification services to both parents of the child as required under section
6.35260.012 and 260C.219;
7.1(iii) identifying, locating, and notifying relatives of both parents of the child
7.2according to section 260.221;
7.3(iv) making a placement with a family that will commit to being the legally
7.4permanent home for the child in the event reunification cannot occur at the earliest
7.5possible time while at the same time actively supporting the reunification plan; and
7.6(v) returning the child home with supports and services, as soon as return is safe
7.7for the child, or when safe return cannot be timely achieved, moving to finalize another
7.8legally permanent home for the child.
7.9    Subd. 3. Permanency and, termination of parental rights, and adoption. The
7.10purpose of the laws relating to permanency and, termination of parental rights, and
7.11adoption of a child who comes under the guardianship of the commissioner of human
7.12services is to ensure that:
7.13(1) when required and appropriate, reasonable efforts have been made by the social
7.14services agency to reunite the child with the child's parents in a home that is safe and
7.15permanent; and
7.16(2) if placement with the parents is not reasonably foreseeable, to secure for the
7.17child a safe and permanent placement according to the requirements of section 260C.212,
7.18subdivision 2, preferably with adoptive parents or, if that is not possible or in the best
7.19interests of the child, a fit and willing relative through transfer of permanent legal and
7.20physical custody to that relative; and
7.21(3) when a child is under the guardianship of the commissioner of human services,
7.22reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
7.23Nothing in this section requires reasonable efforts to prevent placement or to reunify
7.24the child with the parent or guardian to be made in circumstances where the court has
7.25determined that the child has been subjected to egregious harm, when the child is an
7.26abandoned infant, the parent has involuntarily lost custody of another child through a
7.27proceeding under section 260C.201, subdivision 11 260C.515, subdivision 4, or similar
7.28law of another state, the parental rights of the parent to a sibling have been involuntarily
7.29terminated, or the court has determined that reasonable efforts or further reasonable efforts
7.30to reunify the child with the parent or guardian would be futile.
7.31The paramount consideration in all proceedings for permanent placement of the
7.32child under section 260C.201, subdivision 11 sections 260C.503 to 260C.521, or the
7.33termination of parental rights is the best interests of the child. In proceedings involving an
7.34American Indian child, as defined in section 260.755, subdivision 8, the best interests of
7.35the child must be determined consistent with the Indian Child Welfare Act of 1978, United
7.36States Code, title 25, section 1901, et seq.
8.1    Subd. 4. Construction. The laws relating to the child protection provisions of
8.2the juvenile courts protection proceedings shall be liberally construed to carry out these
8.3purposes.

8.4    Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 4, is amended to read:
8.5    Subd. 4. Child. "Child" means an individual under 18 years of age. For purposes of
8.6this chapter and chapter 260D, child also includes individuals under age 21 who are in
8.7foster care pursuant to section 260C.451.

8.8    Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a
8.9subdivision to read:
8.10    Subd. 26a. Putative father. "Putative father" has the meaning given in section
8.11259.21, subdivision 12.

8.12    Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
8.13subdivision to read:
8.14    Subd. 27a. Responsible social services agency. "Responsible social services
8.15agency" means the county social services agency that has responsibility for public child
8.16welfare and child protection services and includes the provision of adoption services as an
8.17agent of the commissioner of human services.

8.18    Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a
8.19subdivision to read:
8.20    Subd. 31. Sibling. "Sibling" means one of two or more individuals who have one
8.21or both parents in common through blood, marriage, or adoption including siblings as
8.22defined by the child's tribal code or custom.

8.23    Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:
8.24    Subd. 2. Other matters relating to children. Except as provided in clause (4), The
8.25juvenile court has original and exclusive jurisdiction in proceedings concerning:
8.26    (1) the termination of parental rights to a child in accordance with the provisions of
8.27sections 260C.301 to 260C.328;
8.28    (2) permanency matters under sections 260C.503 to 260C.521;
8.29(3) the appointment and removal of a juvenile court guardian for a child, where
8.30parental rights have been terminated under the provisions of sections 260C.301 to
8.31260C.328 ;
9.1    (3) (4) judicial consent to the marriage of a child when required by law;
9.2    (4) the juvenile court in those counties in which the judge of the probate-juvenile
9.3court has been admitted to the practice of law in this state shall proceed under the laws
9.4relating to adoptions in all adoption matters. In those counties in which the judge of the
9.5probate-juvenile court has not been admitted to the practice of law in this state the district
9.6court shall proceed under the laws relating to adoptions in
9.7(5) all adoption matters and review of the efforts to finalize the adoption of the child
9.8under section 260C.607;
9.9    (5) (6) the review of the placement of a child who is in foster care pursuant to a
9.10voluntary placement agreement between the child's parent or parents and the responsible
9.11social services agency under section 260C.212, subdivision 8 260C.227; or between the
9.12child, when the child is over age 18, and the agency under section 260C.229; and
9.13    (6) (7) the review of voluntary foster care placement of a child for treatment under
9.14chapter 260D according to the review requirements of that chapter.

9.15    Sec. 8. Minnesota Statutes 2010, section 260C.150, subdivision 1, is amended to read:
9.16    Subdivision 1. Determining parentage. (a) A parent and child relationship may be
9.17established under this chapter according to the requirements of section 257.54 and the
9.18Minnesota Rules of Juvenile Protection Procedure. The requirements of the Minnesota
9.19Parentage Act must be followed unless otherwise specified in this section.
9.20(b) An action to commence a parent and child relationship under this chapter must
9.21be commenced by motion, which shall be personally served upon the alleged parent and
9.22served upon the required parties under the Minnesota Parentage Act as provided for service
9.23of motions in the Minnesota Rules of Juvenile Protection Procedure. The motion shall be
9.24brought in an existing juvenile protection proceeding and may be brought by any party, a
9.25putative father, or the county attorney representing the responsible social services agency.
9.26(c) Notwithstanding any other provisions of law, a motion to establish parentage
9.27under this section, and any related documents or orders, are not confidential and are
9.28accessible to the public according to the provisions of the Minnesota Rules of Juvenile
9.29Protection Procedure. Any hearings related to establishment of paternity under this section
9.30are accessible to the public according to the Minnesota Rules of Juvenile Protection
9.31Procedure.
9.32(d) The court may order genetic testing of any putative father or any man presumed
9.33to be father of a child who is the subject of a juvenile protection matter unless paternity
9.34has already been adjudicated under the Minnesota Parentage Act or a recognition of
9.35parentage has been fully executed and filed under section 257.75 when the recognition of
10.1parentage has the force and effect of a judgment or order determining the existence of
10.2the parent and child relationship under section 257.66. If a genetic testing is ordered, a
10.3positive genetic test pursuant to section 257.62, subdivisions 5, is required to establish
10.4paternity for a child under this chapter.
10.5(e) A copy of the order establishing the parent and child relationship shall be filed
10.6in family court. Any further proceedings for modification of the child support portion of
10.7the order that establishes the parent and child relationship shall be brought in the family
10.8court of the county where the original order was filed. The review shall be under chapters
10.9518 and 518A. Notice of any family court proceedings shall be provided by the court
10.10administrator to the responsible social services agency, which shall be a party to the
10.11family court proceeding.

10.12    Sec. 9. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:
10.13    Subdivision 1. Investigation. Upon request of the court the responsible social
10.14services agency or probation officer shall investigate the personal and family history
10.15and environment of any minor coming within the jurisdiction of the court under section
10.16260C.101 and shall report its findings to the court. The court may order any minor coming
10.17within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
10.18psychologist appointed by the court.
10.19Adoption investigations shall be conducted in accordance with the laws relating to
10.20adoptions in chapter 259. Any funds received under the provisions of this subdivision
10.21shall not cancel until the end of the fiscal year immediately following the fiscal year in
10.22which the funds were received. The funds are available for use by the commissioner of
10.23corrections during that period and are hereby appropriated annually to the commissioner of
10.24corrections as reimbursement of the costs of providing these services to the juvenile courts.

10.25    Sec. 10. Minnesota Statutes 2010, section 260C.157, subdivision 3, is amended to read:
10.26    Subd. 3. Juvenile treatment screening team. (a) The responsible social services
10.27agency shall establish a juvenile treatment screening team to conduct screenings and
10.28prepare case plans under this subdivision section 245.487, subdivision 3, and chapters
10.29260C and 260D. Screenings shall be conducted within 15 days of a request for a screening.
10.30The team, which may be the team constituted under section 245.4885 or 256B.092 or
10.31Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile
10.32justice professionals, and persons with expertise in the treatment of juveniles who are
10.33emotionally disabled, chemically dependent, or have a developmental disability. The team
10.34shall involve parents or guardians in the screening process as appropriate, and the child's
11.1parent, guardian, or permanent legal custodian under section 260C.201, subdivision 11.
11.2The team may be the same team as defined in section 260B.157, subdivision 3.
11.3(b) The social services agency shall determine whether a child brought to its
11.4attention for the purposes described in this section is an Indian child, as defined in section
11.5260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as
11.6defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child,
11.7the team provided in paragraph (a) shall include a designated representative of the Indian
11.8child's tribe, unless the child's tribal authority declines to appoint a representative. The
11.9Indian child's tribe may delegate its authority to represent the child to any other federally
11.10recognized Indian tribe, as defined in section 260.755, subdivision 12.
11.11(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
11.12(1) for the primary purpose of treatment for an emotional disturbance, a
11.13developmental disability, or chemical dependency in a residential treatment facility out
11.14of state or in one which is within the state and licensed by the commissioner of human
11.15services under chapter 245A; or
11.16(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
11.17postdispositional placement in a facility licensed by the commissioner of corrections or
11.18human services, the court shall ascertain whether the child is an Indian child and shall
11.19notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
11.20child's tribe. The county's juvenile treatment screening team must either: (i) screen and
11.21evaluate the child and file its recommendations with the court within 14 days of receipt
11.22of the notice; or (ii) elect not to screen a given case and notify the court of that decision
11.23within three working days.
11.24(d) If the screening team has elected to screen and evaluate the child, The child
11.25may not be placed for the primary purpose of treatment for an emotional disturbance, a
11.26developmental disability, or chemical dependency, in a residential treatment facility out of
11.27state nor in a residential treatment facility within the state that is licensed under chapter
11.28245A, unless one of the following conditions applies:
11.29(1) a treatment professional certifies that an emergency requires the placement
11.30of the child in a facility within the state;
11.31(2) the screening team has evaluated the child and recommended that a residential
11.32placement is necessary to meet the child's treatment needs and the safety needs of the
11.33community, that it is a cost-effective means of meeting the treatment needs, and that it
11.34will be of therapeutic value to the child; or
11.35(3) the court, having reviewed a screening team recommendation against placement,
11.36determines to the contrary that a residential placement is necessary. The court shall state
12.1the reasons for its determination in writing, on the record, and shall respond specifically
12.2to the findings and recommendation of the screening team in explaining why the
12.3recommendation was rejected. The attorney representing the child and the prosecuting
12.4attorney shall be afforded an opportunity to be heard on the matter.
12.5(e) When the county's juvenile treatment screening team has elected to screen and
12.6evaluate a child determined to be an Indian child, the team shall provide notice to the
12.7tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
12.8member of the tribe or as a person eligible for membership in the tribe, and permit the
12.9tribe's representative to participate in the screening team.
12.10(f) When the Indian child's tribe or tribal health care services provider or Indian
12.11Health Services provider proposes to place a child for the primary purpose of treatment
12.12for an emotional disturbance, a developmental disability, or co-occurring emotional
12.13disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
12.14the child's tribe shall submit necessary documentation to the county juvenile treatment
12.15screening team, which must invite the Indian child's tribe to designate a representative to
12.16the screening team.
12.17EFFECTIVE DATE.This section is effective August 1, 2011.

12.18    Sec. 11. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:
12.19    Subdivision 1. General. (a) Except for hearings arising under section 260C.425,
12.20hearings on any matter shall be without a jury and may be conducted in an informal
12.21manner. In all adjudicatory proceedings involving a child alleged to be in need of
12.22protection or services regarding juvenile protection matters under this chapter, the court
12.23shall admit only evidence that would be admissible in a civil trial. To be proved at trial,
12.24allegations of a petition alleging a child to be in need of protection or services must be
12.25proved by clear and convincing evidence.
12.26    (b) Except for proceedings involving a child alleged to be in need of protection or
12.27services and petitions for the termination of parental rights, hearings may be continued or
12.28adjourned from time to time. In proceedings involving a child alleged to be in need of
12.29protection or services and petitions for the termination of parental rights, hearings may not
12.30be continued or adjourned for more than one week unless the court makes specific findings
12.31that the continuance or adjournment is in the best interests of the child. If a hearing is held
12.32on a petition involving physical or sexual abuse of a child who is alleged to be in need of
12.33protection or services or neglected and in foster care, the court shall file the decision with
12.34the court administrator as soon as possible but no later than 15 days after the matter is
12.35submitted to the court. When a continuance or adjournment is ordered in any proceeding,
13.1the court may make any interim orders as it deems in the best interests of the minor in
13.2accordance with the provisions of sections 260C.001 to 260C.421 this chapter.
13.3    (c) Absent exceptional circumstances, hearings under this chapter, except hearings
13.4in adoption proceedings, are presumed to be accessible to the public, however the court
13.5may close any hearing and the records related to any matter as provided in the Minnesota
13.6Rules of Juvenile Protection Procedure.
13.7    (d) Adoption hearings shall be conducted in accordance with the provisions of laws
13.8relating to adoptions are closed to the public and all records related to an adoption are
13.9inaccessible except as provided in the Minnesota Rules of Adoption Procedure.
13.10    (e) In any permanency hearing, including the transition of a child from foster care
13.11to independent living, the court shall ensure that its consult with the child during the
13.12hearing is in an age-appropriate manner.

13.13    Sec. 12. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:
13.14    Subd. 4. County attorney. Except in adoption proceedings, the county attorney
13.15shall present the evidence upon request of the court. In representing the responsible social
13.16services agency, the county attorney shall also have the responsibility for advancing the
13.17public interest in the welfare of the child.

13.18    Sec. 13. Minnesota Statutes 2010, section 260C.163, subdivision 8, is amended to read:
13.19    Subd. 8. Rights of parties at hearing. (a) Except in adoption proceedings or review
13.20hearings after termination of parental rights, the minor child and the minor's child's parent,
13.21guardian, or custodian are entitled to be heard, to present evidence material to the case,
13.22and to cross-examine witnesses appearing at the hearing.
13.23(c) A child who is under the guardianship of the commissioner of human services
13.24has the right to be consulted in an age-appropriate manner regarding the adoption plan for
13.25the child. A child age 16 or over must consent to the adoption as required under section
13.26260C.629, subdivision 1, paragraph (b).

13.27    Sec. 14. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:
13.28    Subdivision 1. Hearing and release requirements. (a) If a child was taken into
13.29custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall
13.30hold a hearing within 72 hours of the time the child was taken into custody, excluding
13.31Saturdays, Sundays, and holidays, to determine whether the child should continue in
13.32custody.
14.1    (b) Unless there is reason to believe that the child would endanger self or others or
14.2not return for a court hearing, or that the child's health or welfare would be immediately
14.3endangered, the child shall be released to the custody of a parent, guardian, custodian,
14.4or other suitable person, subject to reasonable conditions of release including, but not
14.5limited to, a requirement that the child undergo a chemical use assessment as provided in
14.6section 260C.157, subdivision 1.
14.7    (c) If the court determines there is reason to believe that the child would endanger
14.8self or others or not return for a court hearing, or that the child's health or welfare would
14.9be immediately endangered if returned to the care of the parent or guardian who has
14.10custody and from whom the child was removed, the court shall order the child into
14.11foster care under the legal responsibility of the responsible social services agency or
14.12responsible probation or corrections agency for the purposes of protective care as that term
14.13is used in the juvenile court rules or into the home of a noncustodial parent and order the
14.14noncustodial parent to comply with any conditions the court determines to be appropriate
14.15to the safety and care of the child, including cooperating with paternity establishment
14.16proceedings in the case of a man who has not been adjudicated the child's father. The
14.17court shall not give the responsible social services legal custody and order a trial home
14.18visit at any time prior to adjudication and disposition under section 260C.201, subdivision
14.191 , paragraph (a), clause (3), but may order the child returned to the care of the parent or
14.20guardian who has custody and from whom the child was removed and order the parent or
14.21guardian to comply with any conditions the court determines to be appropriate to meet
14.22the safety, health, and welfare of the child.
14.23    (d) In determining whether the child's health or welfare would be immediately
14.24endangered, the court shall consider whether the child would reside with a perpetrator
14.25of domestic child abuse.
14.26    (e) The court, before determining whether a child should be placed in or continue
14.27in foster care under the protective care of the responsible agency, shall also make a
14.28determination, consistent with section 260.012 as to whether reasonable efforts were made
14.29to prevent placement or whether reasonable efforts to prevent placement are not required.
14.30In the case of an Indian child, the court shall determine whether active efforts, according
14.31to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
14.32were made to prevent placement. The court shall enter a finding that the responsible
14.33social services agency has made reasonable efforts to prevent placement when the agency
14.34establishes either:
15.1    (1) that it has actually provided services or made efforts in an attempt to prevent
15.2the child's removal but that such services or efforts have not proven sufficient to permit
15.3the child to safely remain in the home; or
15.4    (2) that there are no services or other efforts that could be made at the time of the
15.5hearing that could safely permit the child to remain home or to return home. When
15.6reasonable efforts to prevent placement are required and there are services or other efforts
15.7that could be ordered which would permit the child to safely return home, the court shall
15.8order the child returned to the care of the parent or guardian and the services or efforts put
15.9in place to ensure the child's safety. When the court makes a prima facie determination
15.10that one of the circumstances under paragraph (g) exists, the court shall determine that
15.11reasonable efforts to prevent placement and to return the child to the care of the parent or
15.12guardian are not required.
15.13    If the court finds the social services agency's preventive or reunification efforts
15.14have not been reasonable but further preventive or reunification efforts could not permit
15.15the child to safely remain at home, the court may nevertheless authorize or continue
15.16the removal of the child.
15.17    (f) The court may not order or continue the foster care placement of the child unless
15.18the court makes explicit, individualized findings that continued custody of the child by
15.19the parent or guardian would be contrary to the welfare of the child and that placement is
15.20in the best interest of the child.
15.21    (g) At the emergency removal hearing, or at any time during the course of the
15.22proceeding, and upon notice and request of the county attorney, the court shall determine
15.23whether a petition has been filed stating a prima facie case that:
15.24    (1) the parent has subjected a child to egregious harm as defined in section
15.25260C.007, subdivision 14 ;
15.26    (2) the parental rights of the parent to another child have been involuntarily
15.27terminated;
15.28    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
15.29paragraph (a), clause (2);
15.30    (4) the parents' custodial rights to another child have been involuntarily transferred
15.31to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph
15.32(e), clause (1); section 260C.515, subdivision 4, or a similar law of another jurisdiction; or
15.33    (5) the parent has committed sexual abuse as defined in section 626.556, subdivision
15.342, against the child or another child of the parent;
15.35(6) the parent has committed an offense that requires registration as a predatory
15.36offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
16.1(7) the provision of services or further services for the purpose of reunification is
16.2futile and therefore unreasonable.
16.3    (h) When a petition to terminate parental rights is required under section 260C.301,
16.4subdivision 3 or 4, but the county attorney has determined not to proceed with a
16.5termination of parental rights petition, and has instead filed a petition to transfer permanent
16.6legal and physical custody to a relative under section 260C.201, subdivision 11 260C.507,
16.7subdivision 4, the court shall schedule a permanency hearing within 30 days of the filing
16.8of the petition.
16.9    (i) If the county attorney has filed a petition under section 260C.307, the court shall
16.10schedule a trial under section 260C.163 within 90 days of the filing of the petition except
16.11when the county attorney determines that the criminal case shall proceed to trial first under
16.12section 260C.201, subdivision 3 260C.503, subdivision 2, paragraph (c).
16.13    (j) If the court determines the child should be ordered into foster care and the child's
16.14parent refuses to give information to the responsible social services agency regarding the
16.15child's father or relatives of the child, the court may order the parent to disclose the names,
16.16addresses, telephone numbers, and other identifying information to the responsible social
16.17services agency for the purpose of complying with the requirements of sections 260C.151,
16.18260C.212 , and 260C.215.
16.19    (k) If a child ordered into foster care has siblings, whether full, half, or step, who
16.20are also ordered into foster care, the court shall inquire of the responsible social services
16.21agency of the efforts to place the children together as required by section 260C.212,
16.22subdivision 2 , paragraph (d), if placement together is in each child's best interests, unless
16.23a child is in placement for treatment or a child is placed with a previously noncustodial
16.24parent who is not a parent to all siblings. If the children are not placed together at the time
16.25of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable
16.26efforts to place the siblings together, as required under section 260.012. If any sibling is
16.27not placed with another sibling or siblings, the agency must develop a plan to facilitate
16.28visitation or ongoing contact among the siblings as required under section 260C.212,
16.29subdivision 1 , unless it is contrary to the safety or well-being of any of the siblings to do so.
16.30(l) When the court has ordered the child into foster care or into the home of a
16.31noncustodial parent, the court may order a chemical dependency evaluation, mental health
16.32evaluation, medical examination, and parenting assessment for the parent as necessary
16.33to support the development of a plan for reunification required under subdivision 7 and
16.34section 260C.212, subdivision 1, or the child protective services plan under section
16.35626.556, subdivision 10, and Minnesota Rules, part 9560.0228.

17.1    Sec. 15. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:
17.2    Subd. 7. Out-of-home placement plan. (a) An out-of-home placement plan
17.3required under section 260C.212 shall be filed with the court within 30 days of the filing
17.4of a juvenile protection petition alleging the child to be in need of protection or services
17.5under section 260C.141, subdivision 1, when the court orders emergency removal of the
17.6child under this section, or filed with the petition if the petition is a review of a voluntary
17.7placement under section 260C.141, subdivision 2.
17.8(b) Upon the filing of the out-of-home placement plan which has been developed
17.9jointly with the parent and in consultation with others as required under section 260C.212,
17.10subdivision 1 , the court may approve implementation of the plan by the responsible social
17.11services agency based on the allegations contained in the petition and any evaluations,
17.12examinations, or assessments conducted under subdivision 1, paragraph (l). The court
17.13shall send written notice of the approval of the out-of-home placement plan to all parties
17.14and the county attorney or may state such approval on the record at a hearing. A parent
17.15may agree to comply with the terms of the plan filed with the court.
17.16(c) The responsible social services agency shall make reasonable attempts efforts
17.17to engage a parent both parents of the child in case planning. If the parent refuses to
17.18cooperate in the development of the out-of-home placement plan or disagrees with the
17.19services recommended by The responsible social service agency, the agency shall note
17.20such refusal or disagreement for the court report the results of its efforts to engage the
17.21child's parents in the out-of-home placement plan filed with the court. The agency shall
17.22notify the court of the services it will provide or efforts it will attempt under the plan
17.23notwithstanding the parent's refusal to cooperate or disagreement with the services. The
17.24parent may ask the court to modify the plan to require different or additional services
17.25requested by the parent, but which the agency refused to provide. The court may approve
17.26the plan as presented by the agency or may modify the plan to require services requested
17.27by the parent. The court's approval shall be based on the content of the petition.
17.28(d) Unless the parent agrees to comply with the terms of the out-of-home placement
17.29plan, the court may not order a parent to comply with the provisions of the plan until the
17.30court finds the child is in need of protection or services and orders disposition under
17.31section 260C.201, subdivision 1. However, the court may find that the responsible social
17.32services agency has made reasonable efforts for reunification if the agency makes efforts
17.33to implement the terms of an out-of-home placement plan approved under this section.

17.34    Sec. 16. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
18.1    Subd. 3. Best interest of the child in foster care or residential care. (a) The
18.2policy of the state is to ensure that the best interests of children in foster or residential
18.3care, who experience transfer of permanent legal and physical custody to a relative under
18.4section 260C.515, subdivision 4, or adoption under chapter 259 are met by requiring
18.5individualized determinations under section 260C.212, subdivision 2, paragraph (b), of
18.6the needs of the child and of how the selected placement home will serve the needs of the
18.7child in foster care placements.
18.8(b) No later than three months after a child is ordered removed from the care of a
18.9parent in the hearing required under section 260C.202, the court shall review and enter
18.10findings regarding whether the responsible social services agency made:
18.11(1) diligent efforts to identify and search for relatives as required under section
18.12260C.212, subdivision 5 , 260C.221; and made
18.13(2) an individualized determination as required under section 260C.212, subdivision
18.142 , to select a home that meets the needs of the child.
18.15(c) If the court finds the agency has not made efforts as required under section
18.16260C.212, subdivision 5 , 260C.221 and there is a relative who qualifies to be licensed
18.17to provide family foster care under chapter 245A, the court may order the child placed
18.18with the relative consistent with the child's best interests.
18.19(d) If the agency's efforts under section 260C.221 are found to be sufficient, the
18.20court shall order the agency to continue to appropriately engage relatives who responded
18.21to the notice under section 260C.221 in placement and case planning decisions and to
18.22appropriately engage relatives who subsequently come to the agency's attention.
18.23(c) (e) If the child's birth parent or parents explicitly request that a relative or
18.24important friend not be considered, the court shall honor that request if it is consistent with
18.25the best interests of the child. If the child's birth parent or parents express a preference
18.26for placing the child in a foster or adoptive home of the same or a similar religious
18.27background to that of the birth parent or parents, the court shall order placement of the
18.28child with an individual who meets the birth parent's religious preference.
18.29(d) (f) Placement of a child cannot be delayed or denied based on race, color, or
18.30national origin of the foster parent or the child.
18.31(e) (g) Whenever possible, siblings should be placed together unless it is determined
18.32not to be in the best interests of a sibling siblings. If siblings are were not placed together
18.33according to section 260C.212, subdivision 2, paragraph (d), the responsible social
18.34services agency shall report to the court the efforts made to place the siblings together
18.35and why the efforts were not successful. If the court is not satisfied with that the agency's
18.36agency has made reasonable efforts to place siblings together, the court may must order
19.1the agency to make reasonable further efforts. If siblings are not placed together the court
19.2shall review order the responsible social services agency's agency to implement the plan
19.3for visitation among siblings required as part of the out-of-home placement plan under
19.4section 260C.212.
19.5(f) This subdivision does not affect the Indian Child Welfare Act, United States
19.6Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
19.7Act, sections 260.751 to 260.835.

19.8    Sec. 17. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:
19.9    Subd. 6. Jurisdiction to review foster care to age 21, termination of jurisdiction,
19.10jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section
19.11260C.451 may shall continue to age 21 for the purpose of conducting the reviews
19.12required under section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision
19.137 , or 260C.317, subdivision 3 260C.203, 260C.515, subdivision 5 or 6, or 260C.607,
19.14subdivision 4. Jurisdiction over a child in foster care pursuant to section 260C.451 shall
19.15not be terminated without giving the child notice of any motion or proposed order to
19.16dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal.
19.17When a child in foster care pursuant to section 260C.451 asks to leave foster care or
19.18actually leaves foster care, the court may terminate its jurisdiction.
19.19(b) Except when a court order is necessary for a child to be in foster care or when
19.20continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201,
19.21subdivision 11 , paragraph (d), and (2) section 260C.317, subdivision 3, is required for a
19.22child in foster care under section 260C.451, The court may terminate jurisdiction on its
19.23own motion or the motion of any interested party upon a determination that jurisdiction is
19.24no longer necessary to protect the child's best interests except when:
19.25(1) a court order is necessary for a child to be in foster care; or
19.26(2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or
19.27260C.607, subdivision 4, is required for a child in foster care under section 260C.451.
19.28(c) Unless terminated by the court, and except as otherwise provided in this
19.29subdivision, the jurisdiction of the court shall continue until the child becomes 18 years
19.30of age. The court may continue jurisdiction over an individual and all other parties to
19.31the proceeding to the individual's 19th birthday when continuing jurisdiction is in the
19.32individual's best interest in order to:
19.33(1) protect the safety or health of the individual;
19.34(2) accomplish additional planning for independent living or for the transition out of
19.35foster care; or
20.1(3) support the individual's completion of high school or a high school equivalency
20.2program.

20.3    Sec. 18. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:
20.4    Subd. 2. Written findings. (a) Any order for a disposition authorized under this
20.5section shall contain written findings of fact to support the disposition and case plan
20.6ordered and shall also set forth in writing the following information:
20.7(1) why the best interests and safety of the child are served by the disposition and
20.8case plan ordered;
20.9(2) what alternative dispositions or services under the case plan were considered by
20.10the court and why such dispositions or services were not appropriate in the instant case;
20.11(3) when legal custody of the child is transferred, the appropriateness of the
20.12particular placement made or to be made by the placing agency using the factors in section
20.13260C.212, subdivision 2, paragraph (b) ;
20.14(4) whether reasonable efforts to finalize the permanent plan for the child consistent
20.15with section 260.012 were made including reasonable efforts:
20.16(i) to prevent or eliminate the necessity of the child's removal placement and to
20.17reunify the family after removal child with the parent or guardian from whom the child was
20.18removed at the earliest time consistent with the child's safety. The court's findings must
20.19include a brief description of what preventive and reunification efforts were made and
20.20why further efforts could not have prevented or eliminated the necessity of removal or that
20.21reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1;
20.22(ii) to identify and locate any noncustodial or nonresident parent of the child and to
20.23assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
20.24provide services necessary to enable the noncustodial or nonresident parent to safely
20.25provide day-to-day care of the child as required under section 260C.219, unless such
20.26services are not required under section 260.012 or 260C.178, subdivision 1;
20.27(iii) to make the diligent search for relatives and provide the notices required under
20.28section 260C.221; a finding made pursuant to a hearing under section 260C.202 that
20.29the agency has made diligent efforts to conduct a relative search and has appropriately
20.30engaged relatives who responded to the notice under section 260C.221 and other relatives,
20.31who came to the attention of the agency after notice under section 260C.221 was sent, in
20.32placement and case planning decisions fulfills the requirement of this item;
20.33(iv) to identify and make a foster care placement in the home of an unlicensed
20.34relative according to the requirements of section 245A.035, a licensed relative, or other
20.35licensed foster care provider who will commit to being the permanent legal parent or
21.1custodian for the child in the event reunification cannot occur, but who will actively
21.2support the reunification plan for the child; and
21.3(v) to place siblings together in the same home or to ensure visitation is occurring
21.4when siblings are separated in foster care placement and visitation is in the siblings' best
21.5interests under section 260C.212, subdivision 2, paragraph (d); and
21.6(5) if the child has been adjudicated as a child in need of protection or services
21.7because the child is in need of special services or care to treat or ameliorate a mental
21.8disability or emotional disturbance as defined in section 245.4871, subdivision 15, the
21.9written findings shall also set forth:
21.10(i) whether the child has mental health needs that must be addressed by the case plan;
21.11(ii) what consideration was given to the diagnostic and functional assessments
21.12performed by the child's mental health professional and to health and mental health care
21.13professionals' treatment recommendations;
21.14(iii) what consideration was given to the requests or preferences of the child's parent
21.15or guardian with regard to the child's interventions, services, or treatment; and
21.16(iv) what consideration was given to the cultural appropriateness of the child's
21.17treatment or services.
21.18(b) If the court finds that the social services agency's preventive or reunification
21.19efforts have not been reasonable but that further preventive or reunification efforts could
21.20not permit the child to safely remain at home, the court may nevertheless authorize or
21.21continue the removal of the child.
21.22(c) If the child has been identified by the responsible social services agency as the
21.23subject of concurrent permanency planning, the court shall review the reasonable efforts
21.24of the agency to recruit, identify, and make a placement in a home where the foster parent
21.25or relative that has committed to being the legally permanent home for the child in the
21.26event reunification efforts are not successful develop a permanency plan for the child that
21.27includes a primary plan which is for reunification with the child's parent or guardian and a
21.28secondary plan which is for an alternative, legally permanent home for the child in the
21.29event reunification cannot be achieved in a timely manner.

21.30    Sec. 19. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to
21.31read:
21.32    Subd. 10. Court review of foster care. (a) If the court orders a child placed
21.33in foster care, the court shall review the out-of-home placement plan and the child's
21.34placement at least every 90 days as required in juvenile court rules to determine whether
21.35continued out-of-home placement is necessary and appropriate or whether the child should
22.1be returned home. This review is not required if the court has returned the child home,
22.2ordered the child permanently placed away from the parent under subdivision 11, or
22.3terminated rights under section 260C.301. Court review for a child permanently placed
22.4away from a parent, including where the child is under guardianship and legal custody of
22.5the commissioner, shall be governed by subdivision 11 or section 260C.317, subdivision
22.63 , whichever is applicable or 260C.521.
22.7    (b) No later than six three months after the child's placement in foster care, the court
22.8shall review agency efforts pursuant to section 260C.212, subdivision 2, 260C.221 and
22.9order that the efforts continue if the agency has failed to perform the duties under that
22.10section. The court must order the agency to continue to appropriately evaluate relatives
22.11who responded to the notice under section 260C.221 in placement and case planning
22.12decisions and to evaluate other relatives who came to the agency's attention after notice
22.13under section 260C.221 was sent.
22.14    (c) The court shall review the out-of-home placement plan and may modify the plan
22.15as provided under subdivisions 6 and 7.
22.16    (d) When the court orders transfer of custody to a responsible social services
22.17agency resulting in foster care or protective supervision with a noncustodial parent under
22.18subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
22.19subdivision 11a and sections 260C.503 to 260C.521, as required under juvenile court rules.
22.20    (e) When a child remains in or returns to foster care pursuant to section 260C.451 and
22.21the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
22.22court shall at least annually conduct the review required under subdivision 11, paragraph
22.23(d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3 section 260C.203.

22.24    Sec. 20. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
22.25    Subd. 5. Relative search. (a) The responsible social services agency shall exercise
22.26due diligence to identify and notify adult relatives prior to placement or within 30 days
22.27after the child's removal from the parent. The county agency shall consider placement with
22.28a relative under subdivision 2 without delay and whenever the child must move from or be
22.29returned to foster care. The relative search required by this section shall be reasonable and
22.30comprehensive in scope and may last up to six months or until a fit and willing relative
22.31is identified. After a finding that the agency has made reasonable efforts to conduct
22.32the relative search under this paragraph, the agency has the continuing responsibility
22.33to appropriately involve relatives, who have responded to the notice required under
22.34paragraph (a), in planning for the child and to continue to consider relatives according to
22.35the requirements of section 260C.212, subdivisions 2. At any time during the course of
23.1juvenile protection proceedings, the court may order the agency to reopen its search for
23.2relatives when it is in the child's best interest to do so. The relative search required by this
23.3section shall include both maternal relatives of the child and paternal relatives of the child,
23.4if paternity is adjudicated. The search shall also include getting information from the child
23.5in an age appropriate manner about who the child considers to be family members and
23.6important friends with whom the child has resided or had significant contact. The relative
23.7search required under this section must fulfill the agency's duties under the Indian Child
23.8Welfare Act regarding active efforts to prevent the breakup of the Indian family under
23.9United State Codes, title 25, section 1915. The relatives must be notified:
23.10(1) of the need for a foster home for the child, the option to become a placement
23.11resource for the child, and the possibility of the need for a permanent placement for the
23.12child;
23.13(2) of their responsibility to keep the responsible social services agency informed of
23.14their current address in order to receive notice in the event that a permanent placement is
23.15sought for the child. A relative who fails to provide a current address to the responsible
23.16social services agency forfeits the right to notice of the possibility of permanent
23.17placement. A decision by a relative not to be identified as a permanent placement resource
23.18or participate in planning for the child at the beginning of the case shall not may affect
23.19whether the relative is considered for placement of the child with that relative later;
23.20(3) that the relative may participate in the care and planning for the child, including
23.21that the opportunity for such participation may be lost by failing to respond to the notice;
23.22and . "Participate in the care and planning" includes, but is not limited to, participation in
23.23case planning for the parent and child, identifying the strengths and needs of the parent
23.24and child, supervising visits, providing respite and vacation visits for the child, providing
23.25transportation to appointments, suggesting other relatives who might be able to help
23.26support the case plan, and to the extent possible, helping to maintain the child's familiar
23.27and regular activities and contact with friends and relatives;
23.28(4) of the family foster care licensing requirements, including how to complete an
23.29application and how to request a variance from licensing standards that do not present a
23.30safety or health risk to the child in the home under section 245A.04 and supports that are
23.31available for relatives and children who reside in a family foster home; and
23.32(5) of the relatives' right to ask to be notified of any court proceedings regarding
23.33the child, to attend the hearings, and of a relative's right or opportunity to be heard by the
23.34court as required under section 260C.152, subdivision 5.
23.35(b) A responsible social services agency may disclose private or confidential data,
23.36as defined in section sections 13.02 and 626.556, to relatives of the child for the purpose
24.1of locating and assessing a suitable placement and may use any reasonable means of
24.2identifying and locating relatives including the Internet or other electronic means of
24.3conducting a search. The agency shall disclose only data that is necessary to facilitate
24.4possible placement with relatives and to ensure that the relative is informed of the needs
24.5of the child so the relative can participate in planning for the child and be supportive of
24.6services to the child and family. If the child's parent refuses to give the responsible social
24.7services agency information sufficient to identify the maternal and paternal relatives of the
24.8child, the agency shall ask the juvenile court to order the parent to provide the necessary
24.9information. If a parent makes an explicit request that relatives or a specific relative not be
24.10contacted or considered for placement, the agency shall bring the parent's request to the
24.11attention of the court to determine whether the parent's request is consistent with the best
24.12interests of the child and the agency shall not contact relatives or a specific relative unless
24.13authorized to do so by the juvenile court.
24.14(c) At a regularly scheduled hearing not later than three months after the child's
24.15placement in foster care and as required in section 260C.202, the agency shall report to
24.16the court:
24.17(1) its efforts to identify maternal and paternal relatives of the child, to engage the
24.18relatives in providing support for the child and family, and document that the relatives
24.19have been provided the notice required under paragraph (a); and
24.20(2) its decision regarding placing the child with a relative as required under section
24.21260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in
24.22order to support family connections for the child, when placement with a relative is not
24.23possible or appropriate.
24.24(d) Notwithstanding chapter 13, the agency shall disclose data about particular
24.25relatives identified, searched for, and contacted for the purposes of the court's review of
24.26the agency's due diligence.
24.27(e) When the court is satisfied that the agency has exercised due diligence to
24.28identify relatives and provide the notice required in paragraph (a), the court may find that
24.29reasonable efforts have been made to conduct a relative search to identify and provide
24.30notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the
24.31court is not satisfied that the agency has exercised due diligence to identify relatives and
24.32provide the notice required in paragraph (a), the court may order the agency to continue its
24.33search and notice efforts and to report back to the court.
24.34(f) When the placing agency determines that a permanent placement hearing is
24.35proceedings are necessary because there is a likelihood that the child will not return to a
24.36parent's care, the agency may must send the notice provided in paragraph (d) (g), may ask
25.1the court to modify the requirements duty of the agency under this paragraph to send the
25.2notice required in paragraph (g), or may ask the court to completely relieve the agency
25.3of the requirements of this paragraph (g). The relative notification requirements of this
25.4paragraph (g) do not apply when the child is placed with an appropriate relative or a
25.5foster home that has committed to being the adopting the child or taking permanent legal
25.6placement for and physical custody of the child and the agency approves of that foster
25.7home for permanent placement of the child. The actions ordered by the court under this
25.8section must be consistent with the best interests, safety, permanency, and welfare of
25.9the child.
25.10(d) (g) Unless required under the Indian Child Welfare Act or relieved of this duty
25.11by the court under paragraph (c) (e), when the agency determines that it is necessary to
25.12prepare for the permanent placement determination hearing proceedings, or in anticipation
25.13of filing a termination of parental rights petition, the agency shall send notice to the
25.14relatives, any adult with whom the child is currently residing, any adult with whom the
25.15child has resided for one year or longer in the past, and any adults who have maintained a
25.16relationship or exercised visitation with the child as identified in the agency case plan. The
25.17notice must state that a permanent home is sought for the child and that the individuals
25.18receiving the notice may indicate to the agency their interest in providing a permanent
25.19home. The notice must state that within 30 days of receipt of the notice an individual
25.20receiving the notice must indicate to the agency the individual's interest in providing
25.21a permanent home for the child or that the individual may lose the opportunity to be
25.22considered for a permanent placement.
25.23(e) The Department of Human Services shall develop a best practices guide and
25.24specialized staff training to assist the responsible social services agency in performing and
25.25complying with the relative search requirements under this subdivision.

25.26    Sec. 21. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
25.27    Subd. 7. Administrative or court review of placements. (a) Unless the court is
25.28conducting the reviews required under section 260C.202, there shall be an administrative
25.29review of the out-of-home placement plan of each child placed in foster care no later than
25.30180 days after the initial placement of the child in foster care and at least every six months
25.31thereafter if the child is not returned to the home of the parent or parents within that time.
25.32The out-of-home placement plan must be monitored and updated at each administrative
25.33review. The administrative review shall be conducted by the responsible social services
25.34agency using a panel of appropriate persons at least one of whom is not responsible for the
25.35case management of, or the delivery of services to, either the child or the parents who are
26.1the subject of the review. The administrative review shall be open to participation by the
26.2parent or guardian of the child and the child, as appropriate.
26.3    (b) As an alternative to the administrative review required in paragraph (a), the court
26.4may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
26.5Procedure, conduct a hearing to monitor and update the out-of-home placement plan
26.6pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
26.7(d). The party requesting review of the out-of-home placement plan shall give parties to
26.8the proceeding notice of the request to review and update the out-of-home placement
26.9plan. A court review conducted pursuant to section 260C.141, subdivision 2; 260C.193;
26.10260C.201 , subdivision 1 or 11; 260C.141, subdivision 2; 260C.317 260C.202; 260C.204;
26.11260C.607; or 260D.06 shall satisfy the requirement for the review so long as the other
26.12requirements of this section are met.
26.13    (c) As appropriate to the stage of the proceedings and relevant court orders, the
26.14responsible social services agency or the court shall review:
26.15    (1) the safety, permanency needs, and well-being of the child;
26.16    (2) the continuing necessity for and appropriateness of the placement;
26.17    (3) the extent of compliance with the out-of-home placement plan;
26.18    (4) the extent of progress which that has been made toward alleviating or mitigating
26.19the causes necessitating placement in foster care;
26.20    (5) the projected date by which the child may be returned to and safely maintained in
26.21the home or placed permanently away from the care of the parent or parents or guardian;
26.22and
26.23    (6) the appropriateness of the services provided to the child.
26.24    (d) When a child is age 16 or older, in addition to any administrative review
26.25conducted by the agency, at the in-court review required under section 260C.201,
26.26subdivision 11 260C.515, subdivision 5 or 6, or 260C.317, subdivision 3, clause (3),
26.27the court shall review the independent living plan required under section 260C.201,
26.28subdivision 1, paragraph (c), clause (11), and the provision of services to the child related
26.29to the well-being of the child as the child prepares to leave foster care. The review shall
26.30include the actual plans related to each item in the plan necessary to the child's future
26.31safety and well-being when the child is no longer in foster care.
26.32    (1) (e) At the court review required under paragraph (d) for a child age 16 or older
26.33the following procedures apply:
26.34(1) six months before the child is expected to be discharged from foster care, the
26.35responsible social services agency shall establish that it has given give the written
26.36notice required under section 260C.456 or Minnesota Rules, part 9560.0660 260C.451,
27.1subdivision 1, regarding the right to continued access to services for certain children in
27.2foster care past age 18 and of the right to appeal a denial of social services under section
27.3256.045 . If The agency is unable to establish that shall file a copy of the notice, including
27.4the right to appeal a denial of social services, has been given, with the court. If the agency
27.5does not file the notice by the time the child is age 17-1/2, the court shall require the
27.6agency to give it.;
27.7    (2) consistent with the requirements of the independent living plan, the court shall
27.8review progress toward or accomplishment of the following goals:
27.9    (i) the child has obtained a high school diploma or its equivalent;
27.10    (ii) the child has completed a driver's education course or has demonstrated the
27.11ability to use public transportation in the child's community;
27.12    (iii) the child is employed or enrolled in postsecondary education;
27.13    (iv) the child has applied for and obtained postsecondary education financial aid for
27.14which the child is eligible;
27.15    (v) the child has health care coverage and health care providers to meet the child's
27.16physical and mental health needs;
27.17    (vi) the child has applied for and obtained disability income assistance for which
27.18the child is eligible;
27.19    (vii) the child has obtained affordable housing with necessary supports, which does
27.20not include a homeless shelter;
27.21    (viii) the child has saved sufficient funds to pay for the first month's rent and a
27.22damage deposit;
27.23    (ix) the child has an alternative affordable housing plan, which does not include a
27.24homeless shelter, if the original housing plan is unworkable;
27.25    (x) the child, if male, has registered for the Selective Service; and
27.26    (xi) the child has a permanent connection to a caring adult.; and
27.27    (3) the court shall ensure that the responsible agency in conjunction with the
27.28placement provider assists the child in obtaining the following documents prior to the
27.29child's leaving foster care: a Social Security card; the child's birth certificate; a state
27.30identification card or driver's license, green card, or school visa; the child's school,
27.31medical, and dental records; a contact list of the child's medical, dental, and mental health
27.32providers; and contact information for the child's siblings, if the siblings are in foster care.
27.33    (e) When a child is age 17 or older, during the 90-day period immediately prior to
27.34the date the child is expected to be discharged from foster care, the responsible social
27.35services agency is required to provide the child with assistance and support in developing
27.36a transition plan that is personalized at the direction of the child. (f) For a child who
28.1will be discharged from foster care at age 18 or older, the responsible social services
28.2agency is required to develop a personalized transition plan as directed by the youth. The
28.3transition plan must be developed during the 90-day period immediately prior to the
28.4expected date of discharge. The transition plan must be as detailed as the child may elect
28.5and include specific options on housing, health insurance, education, local opportunities
28.6for mentors and continuing support services, and work force supports and employment
28.7services. The plan must include information on the importance of designating another
28.8individual to make health care treatment decisions on behalf of the child if the child
28.9becomes unable to participate in these decisions and the child does not have, or does not
28.10want, a relative who would otherwise be authorized to make these decisions. The plan
28.11must provide the child with the option to execute a health care directive as provided
28.12under chapter 145C. The county shall also provide the individual with appropriate contact
28.13information if the individual needs more information or needs help dealing with a crisis
28.14situation through age 21.

28.15    Sec. 22. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:
28.16    Subd. 4. Consultation with representatives Duties of commissioner.
28.17The commissioner of human services, after seeking and considering advice from
28.18representatives reflecting diverse populations from the councils established under sections
28.193.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations
28.20shall:
28.21(1) review and, where necessary, revise the Department of Human Services Social
28.22Service Manual and Practice Guide provide practice guidance to responsible social
28.23services agencies and child-placing agencies that reflect federal and state laws and policy
28.24direction on placement of children;
28.25(2) develop criteria for determining whether a prospective adoptive or foster family
28.26has the ability to understand and validate the child's cultural background;
28.27(3) develop provide a standardized training curriculum for adoption and foster care
28.28workers, family-based providers, and administrators who work with children. Training
28.29must address the following objectives:
28.30(a) (i) developing and maintaining sensitivity to all cultures;
28.31(b) (ii) assessing values and their cultural implications; and
28.32(c) (iii) making individualized placement decisions that advance the best interests of
28.33a particular child under section 260C.212, subdivision 2; and
28.34(iv) issues related to cross-cultural placement;
29.1(4) develop provide a training curriculum for family and extended family members
29.2all prospective adoptive and foster families that prepares them to care for the needs of
29.3adoptive and foster children. The curriculum must address issues relating to cross-cultural
29.4placements as well as issues that arise after a foster or adoptive placement is made; and
29.5(5) develop and provide to agencies an assessment tool to be used in combination
29.6with group interviews and other preplacement activities a home study format to evaluate
29.7assess the capacities and needs of prospective adoptive and foster families. The tool
29.8format must assess address problem-solving skills; identify parenting skills; and evaluate
29.9the degree to which the prospective family has the ability to understand and validate the
29.10child's cultural background and other issues needed to provide sufficient information for
29.11agencies to make an individualized placement decision consistent with section 260C.212,
29.12subdivision 2. If a prospective adoptive parent has also been a foster parent, any update
29.13necessary to a home study for the purpose of adoption must be completed by the licensing
29.14authority responsible for the foster parent's license. If a prospective adoptive parent with an
29.15approved adoptive home study also applies for a foster care license, the license application
29.16must be made with the same agency which provided the adoptive home study; and
29.17(6) consult as needed with representatives reflecting diverse populations from the
29.18councils established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state,
29.19local, and community organizations.

29.20    Sec. 23. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:
29.21    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing
29.22agency must:
29.23(1) develop and follow procedures for implementing the requirements of section
29.24260C.193, subdivision 3 260C.212, subdivision 2, and the Indian Child Welfare Act,
29.25United States Code, title 25, sections 1901 to 1923;
29.26(2) have a written plan for recruiting adoptive and foster families that reflect the
29.27ethnic and racial diversity of children who are in need of foster and adoptive homes.
29.28The plan must include:
29.29(i) strategies for using existing resources in diverse communities,
29.30(ii) use of diverse outreach staff wherever possible,
29.31(iii) use of diverse foster homes for placements after birth and before adoption,
29.32and (iv) other techniques as appropriate;
29.33(3) have a written plan for training adoptive and foster families;
29.34(4) have a written plan for employing staff in adoption and foster care who have
29.35the capacity to assess the foster and adoptive parents' ability to understand and validate a
30.1child's cultural needs, and to advance the best interests of the child, as required in section
30.2260C.212, subdivision 2. The plan must include staffing goals and objectives;
30.3(5) ensure that adoption and foster care workers attend training offered or approved
30.4by the Department of Human Services regarding cultural diversity and the needs of special
30.5needs children; and
30.6(6) develop and implement procedures for implementing the requirements of the
30.7Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
30.8(b) In determining the suitability of a proposed placement of an Indian child, the
30.9standards to be applied must be the prevailing social and cultural standards of the Indian
30.10child's community, and the agency shall defer to tribal judgment as to suitability of a
30.11particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

30.12    Sec. 24. [260C.229] VOLUNTARY FOSTER CARE FOR CHILDREN OVER
30.13AGE 18; REQUIRED COURT REVIEW.
30.14(a) When a child asks to continue or to reenter foster care after age 18 under section
30.15260C.451, the child and the responsible social services agency may enter into a voluntary
30.16agreement for the child to be in foster care under the terms of section 260C.451. The
30.17voluntary agreement must be in writing and on a form prescribed by the commissioner.
30.18(b) When the child is in foster care pursuant to a voluntary foster care agreement
30.19between the agency and child and the child is not already under court jurisdiction pursuant
30.20to section 260C.193, subdivision 6, the agency responsible for the child's placement
30.21in foster care shall:
30.22(1) file a motion to reopen the juvenile protection matter where the court previously
30.23had jurisdiction over the child within 30 days of the child and the agency executing the
30.24voluntary placement agreement under paragraph (a) and ask the court to review the child's
30.25placement in foster care and find that the placement is in the best interests of the child; and
30.26(2) file the out-of-home placement plan required under subdivision 1 with the
30.27motion to reopen jurisdiction.
30.28(c) The court shall conduct a hearing on the matter within 30 days of the agency's
30.29motion to reopen the matter and, if the court finds that placement is in the best interest of
30.30the child, shall conduct the review for the purpose and with the content required under
30.31section 260C.203, at least every 12 months as long as the child continues in foster care.

30.32    Sec. 25. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:
30.33    Subd. 8. Findings regarding reasonable efforts. In any proceeding under this
30.34section, the court shall make specific findings:
31.1(1) that reasonable efforts to prevent the placement and finalize the permanency
31.2plan to reunify the child and the parent were made including individualized and explicit
31.3findings regarding the nature and extent of efforts made by the social services agency to
31.4rehabilitate the parent and reunite the family; or
31.5(2) that reasonable efforts at for reunification are not required as provided under
31.6section 260.012.

31.7    Sec. 26. Minnesota Statutes 2010, section 260C.328, is amended to read:
31.8260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
31.9(a) Upon its own motion or upon petition of an interested party, the juvenile court
31.10having jurisdiction of the child may, after notice to the parties and a hearing, remove
31.11the guardian appointed by the juvenile court and appoint a new guardian in accordance
31.12with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a
31.13showing that the child is emancipated, the court may discharge the guardianship. Any
31.14child 14 years of age or older who is not adopted but who is placed in a satisfactory foster
31.15home, may, with the consent of the foster parents, join with the guardian appointed by the
31.16juvenile court in a petition to the court having jurisdiction of the child to discharge the
31.17existing guardian and appoint the foster parents as guardians of the child.
31.18(b) The authority of a guardian appointed by the juvenile court terminates when the
31.19individual under guardianship is no longer a minor or when guardianship is otherwise
31.20discharged becomes age 18. However, an individual who has been under the guardianship
31.21of the commissioner and who has not been adopted may continue in foster care or reenter
31.22foster care pursuant to section 260C.451 and the responsible social services agency has
31.23continuing legal responsibility for the placement of the individual.

31.24    Sec. 27. Minnesota Statutes 2010, section 260C.451, is amended to read:
31.25260C.451 FOSTER CARE BENEFITS TO AGE 21 PAST AGE 18.
31.26    Subdivision 1. Notification of benefits. Within the Six months prior to the child's
31.2718th birthday, the local responsible social services agency shall advise provide written
31.28notice on a form prescribed by the commissioner of human services to any child in foster
31.29care under this chapter who cannot reasonably be expected to return home or have another
31.30legally permanent family by the age of 18, the child's parents or legal guardian, if any, and
31.31the child's guardian ad litem, and the child's foster parents of the availability of benefits of
31.32the foster care program up to age 21, when the child is eligible under subdivisions 3 and 3a.
31.33    Subd. 2. Independent living plan. Upon the request of any child receiving in foster
31.34care benefits immediately prior to the child's 18th birthday and who is in foster care at
32.1the time of the request, the local responsible social services agency shall, in conjunction
32.2with the child and other appropriate parties, update the independent living plan required
32.3under section 260C.212, subdivision 1, paragraph (c), clause (11), related to the child's
32.4employment, vocational, educational, social, or maturational needs. The agency shall
32.5provide continued services and foster care for the child including those services that are
32.6necessary to implement the independent living plan.
32.7    Subd. 3. Eligibility to continue in foster care. A child already in foster care
32.8immediately prior to the child's 18th birthday may continue in foster care past age 18
32.9unless:
32.10(1) the child can safely return home;
32.11(2) the child is in placement pursuant to the agency's duties under section 256B.092
32.12and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to
32.13developmental disability or related condition, and the child will be served as an adult
32.14under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
32.15(3) the child can be adopted or have permanent legal and physical custody
32.16transferred to a relative prior to the child's 18th birthday.
32.17    Subd. 3a. Eligibility criteria. The child must meet at least one of the following
32.18conditions to be considered eligible to continue in or return to foster care and remain there
32.19to age 21. The child must be:
32.20    (1) completing secondary education or a program leading to an equivalent credential;
32.21    (2) enrolled in an institution which that provides postsecondary or vocational
32.22education;
32.23    (3) participating in a program or activity designed to promote or remove barriers to
32.24employment;
32.25    (4) employed for at least 80 hours per month; or
32.26    (5) incapable of doing any of the activities described in clauses (1) to (4) due to a
32.27medical condition.
32.28    Subd. 4. Foster care benefits. For children between the ages of 18 and 21, "foster
32.29care benefits" means payment for those foster care settings defined in section 260C.007,
32.30subdivision 18. Additionally, foster care benefits means payment for a supervised
32.31setting, approved by the responsible social services agency, in which a child may live
32.32independently.
32.33    Subd. 5. Permanent decision Foster care setting. The particular foster care
32.34setting, including supervised settings, shall be selected by the agency and the child
32.35based on the best interest of the child consistent with section 260C.212, subdivision 2.
32.36Supervision in approved settings must be determined by an individual determination of
33.1the child's needs by the responsible social services agency and consistent with section
33.2260C.212, subdivision 4a .
33.3    Subd. 6. Individual plan to age 21 Reentering foster care and accessing services
33.4after age 18. (a) Upon request of an individual between the ages of 18 and 21 who,
33.5within six months of the individual's 18th birthday, had been under the guardianship of the
33.6commissioner and who has left foster care without being adopted, the responsible social
33.7services agency which had been the commissioner's agent for purposes of the guardianship
33.8shall develop with the individual a plan related to the individual's vocational, educational,
33.9social, or maturational needs to increase the individual's ability to live safely and
33.10independently using the plan requirements of section 260C.212, subdivision 1, paragraph
33.11(b), clause (11), and to assist the individual to meet one or more of the eligibility criteria in
33.12subdivision 4 if the individual wants to reenter foster care. The agency shall provide foster
33.13care with maintenance and counseling benefits as required to implement the plan. The
33.14agency shall enter into a voluntary placement agreement under section 260C.229 with the
33.15individual if the plan includes foster care.
33.16(b) Individuals who had not been under the guardianship of the commissioner of
33.17human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter
33.18foster care after age 18 and, to the extent funds are available, the responsible social
33.19services agency that had responsibility for planning for the individual before discharge
33.20from foster care may provide foster care or other services to the individual for the purpose
33.21of increasing the individual's ability to live safely and independently and to meet the
33.22eligibility criteria in subdivision 3a, if the individual:
33.23(1) was in foster care for the six consecutive months prior to the person's 18th
33.24birthday and was not discharged home, adopted, or received into a relative's home under a
33.25transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
33.26(2) was discharged from foster care while on runaway status after age 15.
33.27(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
33.28other appropriate persons, the responsible social services agency shall develop a specific
33.29plan related to that individual's vocational, educational, social, or maturational needs
33.30and, to the extent funds are available, provide foster care as required to implement the
33.31plan. The agency shall enter into a voluntary placement agreement with the individual
33.32if the plan includes foster care.
33.33(d) Youth who left foster care while under guardianship of the commissioner of
33.34human services retain eligibility for foster care for placement at any time between the
33.35ages of 18 and 21.
34.1    Subd. 7. Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant
34.2to this section, Individuals in foster care pursuant to this section are adults for all purposes
34.3except the continued provision of foster care. Any order establishing guardianship under
34.4section 260C.325, any legal custody order under section 260C.201, subdivision 1, and
34.5any order for legal custody associated with an order for long-term foster care permanent
34.6custody under section 260C.201, subdivision 11 260C.515, subdivision 5, terminates on
34.7the child's 18th birthday. The responsible social services agency has legal responsibility
34.8for the individual's placement and care when the matter continues under court jurisdiction
34.9pursuant to section 260C.193 or when the individual and the responsible agency execute a
34.10voluntary placement agreement pursuant to section 260C.229.
34.11    Subd. 8. Notice of termination of foster care. When a child in foster care between
34.12the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the
34.13responsible social services agency shall give the child written notice that foster care will
34.14terminate 30 days from the date the notice is sent. The child or the child's guardian ad
34.15litem may file a motion asking the court to review the agency's determination within 15
34.16days of receiving the notice. The child shall not be discharged from foster care until the
34.17motion is heard. The agency shall work with the child to transition out of foster care as
34.18required under section 260C.203, paragraph (e). The written notice of termination of
34.19benefits shall be on a form prescribed by the commissioner and shall also give notice of
34.20the right to have the agency's determination reviewed by the court in the proceeding where
34.21the court conducts the reviews required under section 260C.203, 260C.515, subdivisions
34.225 or 6, or 260C.317. A copy of the termination notice shall be sent to the child and the
34.23child's attorney, if any, the foster care provider, the child's guardian ad litem, and the
34.24court. The agency is not responsible for paying foster care benefits for any period of time
34.25after the child actually leaves foster care.

34.26    Sec. 28. [260C.503] PERMANENCY PROCEEDINGS.
34.27    Subdivision 1. Required permanency proceedings. Except for children in foster
34.28care pursuant to chapter 260D, where the child is in foster care or in the care of a
34.29noncustodial or nonresident parent, the court shall commence proceedings to determine
34.30the permanent status of a child by holding the admit-deny hearing required under section
34.31260C.507 not later than 12 months after the child is placed in foster care or in the care of a
34.32noncustodial or nonresident parent. Permanency proceedings for children in foster care
34.33pursuant to chapter 260D shall be according to section 260D.07.
35.1    Subd. 2. Termination of parental rights. (a) The responsible social services
35.2agency must ask the county attorney to immediately file a termination of parental rights
35.3petition when:
35.4(1) the child has been subjected to egregious harm as defined in section 260C.007,
35.5subdivision 14;
35.6(2) the child is determined to be the sibling of a child who was subjected to
35.7egregious harm;
35.8(3) the child is an abandoned infant as defined in section 260C.301, subdivision 3,
35.9paragraph (b), clause (2);
35.10(4) the child's parent has lost parental rights to another child through an order
35.11involuntarily terminating the parent's rights;
35.12(5) the parent has committed sexual abuse as defined in section 626.556, subdivision
35.132, against the child or another child of the parent;
35.14(6) the parent has committed an offense that requires registration as a predatory
35.15offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
35.16(7) another child of the parent is the subject of an order involuntarily transferring
35.17permanent legal and physical custody of the child to a relative under this chapter or a
35.18similar law of another jurisdiction;
35.19The county attorney shall file a termination of parental rights petition unless the conditions
35.20of paragraph (d) are met.
35.21(b) When the termination of parental rights petition is filed under this subdivision,
35.22the responsible social services agency shall identify, recruit, and approve an adoptive
35.23family for the child. If a termination of parental rights petition has been filed by another
35.24party, the responsible social services agency shall be joined as a party to the petition.
35.25(c) If criminal charges have been filed against a parent arising out of the conduct
35.26alleged to constitute egregious harm, the county attorney shall determine which matter
35.27should proceed to trial first, consistent with the best interests of the child and subject
35.28to the defendant's right to a speedy trial.
35.29(d) The requirement of paragraph (a) does not apply if the responsible social services
35.30agency and the county attorney determine and file with the court:
35.31(1) a petition for transfer of permanent legal and physical custody to a relative under
35.32sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption
35.33is not in the child's best interests and that transfer of permanent legal and physical custody
35.34is in the child's best interests; or
35.35(2) a petition under section 260C.141 alleging the child, and where appropriate,
35.36the child's siblings, to be in need of protection or services accompanied by a case plan
36.1prepared by the responsible social services agency documenting a compelling reason why
36.2filing a termination of parental rights petition would not be in the best interests of the child.
36.3    Subd. 3. Calculating time to required permanency proceedings. (a) For
36.4purposes of this section, the date of the child's placement in foster care is the earlier of
36.5the first court-ordered placement or 60 days after the date on which the child has been
36.6voluntarily placed in foster care by the child's parent or guardian. For purposes of this
36.7section, time spent by a child in the home of the noncustodial parent pursuant to court
36.8order under section 260C.178 or under the protective supervision of the responsible
36.9social services agency in the home of the noncustodial parent pursuant to an order under
36.10section 260C.201, subdivision 1, counts towards the requirement of a permanency hearing
36.11under this section. Time spent on a trial home visit counts towards the requirement of a
36.12permanency hearing under this section and the permanency progress review required
36.13under section 260C.204.
36.14(b) For the purposes of this section, 12 months is calculated as follows:
36.15(1) during the pendency of a petition alleging that a child is in need of protection
36.16or services, all time periods when a child is placed in foster care or in the home of a
36.17noncustodial parent are cumulated;
36.18(2) if a child has been placed in foster care within the previous five years under one
36.19or more previous petitions, the lengths of all prior time periods when the child was placed
36.20in foster care within the previous five years are cumulated. If a child under this clause
36.21has been in foster care for 12 months or more, the court, if it is in the best interests of the
36.22child and for compelling reasons, may extend the total time the child may continue out
36.23of the home under the current petition up to an additional six months before making a
36.24permanency determination.
36.25(c) If the child is on a trial home visit 12 months after the child was placed in foster
36.26care or in the care of a noncustodial parent, the responsible social services agency may file
36.27a report with the court regarding the child's and parent's progress on the trial home visit and
36.28the agency's reasonable efforts to finalize the child's safe and permanent return to the care
36.29of the parent in lieu of filing the petition required under section 260C.505. The court shall
36.30make findings regarding the reasonable efforts of the agency to finalize the child's return
36.31home as the permanency disposition order in the best interests of the child. The court may
36.32continue the trial home visit to a total time not to exceed six months as provided in section
36.33260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not
36.34made reasonable efforts to finalize the child's return home as the permanency disposition
36.35order in the child's best interests, the court may order other or additional efforts to support
36.36the child remaining in the care of the parent. If a trial home visit ordered or continued at
37.1permanency proceedings under sections 260C.503 to 260C.521 terminates, the court shall
37.2commence or recommence permanency proceedings under this chapter no later than 30
37.3days after the child is returned to foster care or to the care of a noncustodial parent.

37.4    Sec. 29. [260C.505] PETITION.
37.5(a) A permanency or termination of parental rights petition must be filed at or prior
37.6to the time the child has been in foster care or in the care of a noncustodial or nonresident
37.7parent for 11 months or in the expedited manner required in section 260C.503, subdivision
37.82, paragraph (a). The court administrator shall serve the petition as required in the
37.9Minnesota Rules of Juvenile Protection Procedure and section 260C.152 in time for the
37.10admit-deny hearing on the petition required in section 260C.507.
37.11(b) A petition under this section is not required if the responsible social services
37.12agency intends to recommend that the child return to the care of the parent from whom
37.13the child was removed at or prior to the time the court is required to hold the admit-deny
37.14hearing required under section 260C.507.

37.15    Sec. 30. [260C.507] ADMIT-DENY HEARING.
37.16(a) An admit-deny hearing on the permanency or termination of parental rights
37.17petition shall be held not later than 12 months from the child's placement in foster care or
37.18an order for the child to be in the care of a noncustodial or nonresident parent.
37.19(b) An admit-deny hearing on the termination of parental rights or transfer of
37.20permanent legal and physical custody petition required to be immediately filed under
37.21section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing
37.22of the petition.
37.23(c) At the admit-deny hearing, the court shall determine whether there is a prima
37.24facie basis for finding that the agency made reasonable efforts, or in the case of an Indian
37.25child active efforts, for reunification as required or that reasonable efforts for reunification
37.26are not required under section 260.012 and proceed according to the Minnesota Rules of
37.27Juvenile Protection Procedure.

37.28    Sec. 31. [260C.509] TRIAL.
37.29The permanency proceedings shall be conducted in a timely fashion including
37.30that any trial required under section 260C.163 shall be commenced within 60 days of
37.31the admit-deny hearing required under section 260C.507. At the conclusion of the
37.32permanency proceedings, the court shall:
38.1(1) order the child returned to the care of the parent or guardian from whom the
38.2child was removed; or
38.3(2) order a permanency disposition under section 260C.515 or termination of
38.4parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or
38.5termination of parental rights is in the child's best interests.

38.6    Sec. 32. [260C.511] BEST INTERESTS OF THE CHILD.
38.7(a) The "best interests of the child" means all relevant factors to be considered
38.8and evaluated.
38.9(b) In making a permanency disposition order or termination of parental rights,
38.10the court must be governed by the best interests of the child, including a review of the
38.11relationship between the child and relatives and the child and other important persons with
38.12whom the child has resided or had significant contact.

38.13    Sec. 33. [260C.513] PERMANENCY DISPOSITIONS WHEN CHILD CANNOT
38.14RETURN HOME.
38.15(a) Termination of parental rights and adoption, or guardianship to the commissioner
38.16of human services through a consent to adopt are preferred permanency options for a
38.17child who cannot return home. If the court finds that termination of parental rights and
38.18guardianship to the commissioner is not in the child's best interests, the court may transfer
38.19permanent legal and physical custody of the child to a relative when that order is in the
38.20child's best interests.
38.21(b) When the court has determined that permanent placement of the child away from
38.22the parent is necessary, the court shall consider permanent alternative homes that are
38.23available both inside and outside the state.

38.24    Sec. 34. [260C.515] PERMANENCY DISPOSITION ORDERS.
38.25    Subdivision 1. Court order required. If the child is not returned to the home at or
38.26before the conclusion of permanency proceedings under sections 260C.503 to 260C.521,
38.27the court must order one of the permanency dispositions in this section.
38.28    Subd. 2. Termination of parental rights. The court may order:
38.29(1) termination of parental rights when the requirements of sections 260C.301 to
38.30260C.328 are met; or
38.31(2) the responsible social services agency to file a petition for termination of
38.32parental rights in which case all the requirements of sections 260C.301 to 260C.328
38.33remain applicable.
39.1    Subd. 3. Guardianship; commissioner. The court may order guardianship to the
39.2commissioner of human services under the following procedures and conditions:
39.3(1) there is an identified prospective adoptive parent agreed to by the responsible
39.4social services agency having legal custody of the child pursuant to court order under this
39.5chapter and that prospective adoptive parent has agreed to adopt the child;
39.6(2) the court accepts the parent's voluntary consent to adopt in writing on a form
39.7prescribed by the commissioner, executed before two competent witnesses and confirmed
39.8by the consenting parent before the court or executed before court. The consent shall
39.9contain notice that consent given under this chapter:
39.10(i) is irrevocable upon acceptance by the court unless fraud is established and an
39.11order issues permitting revocation as stated in clause (9) unless the matter is governed by
39.12the Indian Child Welfare Act, United States Code, title 25, section 1913(c); and
39.13(ii) will result in an order that the child is under the guardianship of the commissioner
39.14of human services;
39.15(3) a consent executed and acknowledged outside of this state, either in accordance
39.16with the law of this state or in accordance with the law of the place where executed, is
39.17valid;
39.18(4) the court must review the matter at least every 90 days under section 260C.607;
39.19(5) a consent to adopt under this subdivision vests guardianship of the child with
39.20the commissioner of human services and makes the child a ward of the commissioner of
39.21human services under section 260C.325;
39.22(6) the court must forward to the commissioner a copy of the consent to adopt,
39.23together with a certified copy of the order transferring guardianship to the commissioner;
39.24(7) if an adoption is not finalized by the identified prospective adoptive parent within
39.25six months of the execution of the consent to adopt under this clause, the responsible
39.26social services agency shall pursue adoptive placement in another home unless the court
39.27finds in a hearing under section 260C.607 that the failure to finalize is not due to either an
39.28action or a failure to act by the prospective adoptive parent;
39.29(8) notwithstanding clause (7), the responsible social services agency must pursue
39.30adoptive placement in another home as soon as the agency determines that finalization
39.31of the adoption with the identified prospective adoptive parent is not possible, that the
39.32identified prospective adoptive parent is not willing to adopt the child, or that the identified
39.33prospective adoptive parent is not cooperative in completing the steps necessary to finalize
39.34the adoption;
39.35(9) unless otherwise required by the Indian Child Welfare Act, United States Code,
39.36title 25, section 1913(c), a consent to adopt executed under this section shall be irrevocable
40.1upon acceptance by the court except upon order permitting revocation issued by the same
40.2court after written findings that consent was obtained by fraud.
40.3    Subd. 4. Custody to relative. The court may order permanent legal and physical
40.4custody to a relative in the best interests of the child according to the following conditions:
40.5(1) an order for transfer of permanent legal and physical custody to a relative shall
40.6only be made after the court has reviewed the suitability of the prospective legal and
40.7physical custodian;
40.8(2) in transferring permanent legal and physical custody to a relative, the juvenile
40.9court shall follow the standards applicable under this chapter and chapter 260, and the
40.10procedures in the Minnesota Rules of Juvenile Protection Procedure;
40.11(3) a transfer of legal and physical custody includes responsibility for the protection,
40.12education, care, and control of the child and decision making on behalf of the child;
40.13(4) a permanent legal and physical custodian who returns a child to the permanent
40.14care of a parent from whom the court removed custody without the court's approval and
40.15without notice to the responsible social services agency is placing the child in violation
40.16of the court's order and may be subject to sanctions for contempt of court and, if the
40.17return places the child's health or welfare in danger, may be subject to other criminal
40.18or civil action;
40.19(5) the social services agency may file a petition naming a fit and willing relative as
40.20a proposed permanent legal and physical custodian;
40.21(6) another party to the permanency proceeding regarding the child may file a
40.22petition to transfer permanent legal and physical custody to a relative, but the petition may
40.23not name as custodian a relative who the parent did not disclose to the agency or who was
40.24not discovered by the agency in its search for relatives when the court has found that the
40.25agency made diligent efforts to conduct the relative search and provide the notice required
40.26under section 260C.221; and
40.27(7) the juvenile court may maintain jurisdiction over the responsible social services
40.28agency, the parents or guardian of the child, the child, and the permanent legal and
40.29physical custodian for purposes of ensuring appropriate services are delivered to the child
40.30and permanent legal custodian for the purpose of ensuring conditions ordered by the court
40.31related to the care and custody of the child are met.
40.32    Subd. 5. Permanent custody to agency. The court may order permanent custody to
40.33the responsible social services agency for continued placement of the child in foster care
40.34but only if it approves the responsible social services agency's compelling reasons that no
40.35other permanency disposition order is in the child's best interests, and:
40.36(1) the child has reached age 12;
41.1(2) the child is a sibling of a child described in clause (1) and the siblings have a
41.2significant positive relationship and are ordered into the same long-term foster care home;
41.3(3) the responsible social services agency has made reasonable efforts to locate and
41.4place the child with an adoptive family or a fit and willing relative who would either agree
41.5to adopt the child or to a transfer of permanent legal and physical custody of the child, but
41.6these efforts have not proven successful; and
41.7(4) the parent will continue to have visitation or contact with the child and will
41.8remain involved in planning for the child.
41.9    Subd. 6. Temporary legal custody to agency. The court may order temporary legal
41.10custody to the responsible social services agency for continued placement of the child in
41.11foster care for a specified period of time according to the following conditions:
41.12(1) the sole basis for an adjudication that the child is in need of protection or services
41.13is the child's behavior;
41.14(2) the court finds that foster care for a specified period of time is in the best interests
41.15of the child;
41.16(3) the court approves the responsible social services agency's compelling reasons
41.17that neither an award of permanent legal and physical custody to a relative, nor termination
41.18of parental rights is in the child's best interests; and
41.19(4) the order specifies that the child continue in foster care no longer than one year.

41.20    Sec. 35. [260C.517] FINDINGS AND CONTENT OF ORDER FOR
41.21PERMANENCY DISPOSITION.
41.22(a) Except for an order terminating parental rights, an order permanently placing
41.23a child out of the home of the parent or guardian must include the following detailed
41.24findings:
41.25(1) how the child's best interests are served by the order;
41.26(2) the nature and extent of the responsible social services agency's reasonable
41.27efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent
41.28or guardian where reasonable efforts are required;
41.29(3) the parent's or parents' efforts and ability to use services to correct the conditions
41.30which led to the out-of-home placement; and
41.31(4) that the conditions which led to the out-of-home placement have not been
41.32corrected so that the child can safely return home.
41.33(b) The court shall issue an order required under section 260C.515 and this section
41.34within 15 days of the close of the proceedings. The court may extend issuing the order
42.1an additional 15 days when necessary in the interests of justice and the best interests of
42.2the child.

42.3    Sec. 36. [260C.519] FURTHER COURT HEARINGS.
42.4Once a permanency disposition order has been made, further court hearings are
42.5necessary if:
42.6(1) the child is ordered on a trial home visit or under the protective supervision
42.7of the responsible social services agency;
42.8(2) the child continues in foster care;
42.9(3) the court orders further hearings in a transfer of permanent legal and physical
42.10custody matter including if a party seeks to modify an order under section 260C.521,
42.11subdivision 2;
42.12(4) an adoption has not yet been finalized; or
42.13(5) the child returns to foster care after the court has entered an order for a
42.14permanency disposition under this section.

42.15    Sec. 37. [260C.521] COURT REVIEWS AFTER PERMANENCY DISPOSITION
42.16ORDER.
42.17    Subdivision 1. Child in permanent custody of responsible social services agency.
42.18(a) Court reviews of an order for permanent custody to the responsible social services
42.19agency for placement of the child in foster care must be conducted at least yearly at an
42.20in-court appearance hearing.
42.21(b) The purpose of the review hearing is to ensure:
42.22(1) the order for permanent custody to the responsible social services agency for
42.23placement of the child in foster care continues to be in the best interests of the child and
42.24that no other permanency disposition order is in the best interests of the child;
42.25(2) that the agency is assisting the child to build connections to the child's family
42.26and community; and
42.27(3) that the agency is appropriately planning with the child for development of
42.28independent living skills for the child, and as appropriate, for the orderly and successful
42.29transition to independent living that may occur if the child continues in foster care without
42.30another permanency disposition order.
42.31(c) The court must review the child's out-of-home placement plan and the reasonable
42.32efforts of the agency to finalize an alternative permanent plan for the child including the
42.33agency's efforts to:
43.1(1) ensure that permanent custody to the agency with placement of the child in
43.2foster care continues to be the most appropriate legal arrangement for meeting the child's
43.3need for permanency and stability or, if not, to identify and attempt to finalize another
43.4permanency disposition order under this chapter that would better serve the child's needs
43.5and best interests;
43.6(2) identify a specific foster home for the child, if one has not already been identified;
43.7(3) support continued placement of the child in the identified home, if one has been
43.8identified;
43.9(4) ensure appropriate services are provided to address the physical health, mental
43.10health, and educational needs of the child during the period of foster care and also ensure
43.11appropriate services or assistance to maintain relationships with appropriate family
43.12members and the child's community; and
43.13(5) plan for the child's independence upon the child's leaving foster care living as
43.14required under section 260C.212, subdivision 1.
43.15(d) The court may find that the agency has made reasonable efforts to finalize the
43.16permanent plan for the child when:
43.17(1) the agency has made reasonable efforts to identify a more legally permanent
43.18home for the child than is provided by an order for permanent custody to the agency
43.19for placement in foster care; and
43.20(2) the agency's engagement of the child in planning for independent living is
43.21reasonable and appropriate.
43.22    Subd. 2. Modifying an order for permanent legal and physical custody to a
43.23relative. An order for a relative to have permanent legal and physical custody of a child
43.24may be modified using standards under sections 518.18 and 518.185. The social services
43.25agency is a party to the proceeding and must receive notice.
43.26    Subd. 3. Modifying order for permanent custody to agency for placement in
43.27foster care. (a) A parent may seek modification of an order for permanent custody of the
43.28child to the responsible social services agency for placement in foster care upon motion
43.29and a showing by the parent of a substantial change in the parent's circumstances such
43.30that the parent could provide appropriate care for the child and that removal of the child
43.31from the permanent custody of the agency and the return to the parent's care would be
43.32in the best interests of the child.
43.33(b) The responsible social services agency may ask the court to vacate an order for
43.34permanent custody to the agency upon a petition and hearing pursuant to section 260C.163
43.35establishing the basis for the court to order another permanency disposition under this
43.36chapter, including termination of parental rights based on abandonment if the parent
44.1has not visited the child, maintained contact with the child, or participated in planning
44.2for the child as required under section 260C.515, subdivision 5. The responsible social
44.3services agency must establish that the proposed permanency disposition order is in the
44.4child's bests interests. Upon a hearing where the court determines the petition is proved,
44.5the court may vacate the order for permanent custody and enter a different order for a
44.6permanent disposition that is in the child's best interests. The court shall not require further
44.7reasonable efforts to reunify the child with the parent or guardian as a basis for vacating
44.8the order for permanent custody to the agency and ordering a different permanency
44.9disposition in the child's best interests. The county attorney must file the petition and give
44.10notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to
44.11modify an order for permanent custody under this subdivision.


44.14    Section 1. Minnesota Statutes 2010, section 256.01, subdivision 14b, is amended to
44.15read:
44.16    Subd. 14b. American Indian child welfare projects. (a) The commissioner of
44.17human services may authorize projects to test tribal delivery of child welfare services to
44.18American Indian children and their parents and custodians living on the reservation.
44.19The commissioner has authority to solicit and determine which tribes may participate
44.20in a project. Grants may be issued to Minnesota Indian tribes to support the projects.
44.21The commissioner may waive existing state rules as needed to accomplish the projects.
44.22Notwithstanding section 626.556, the commissioner may authorize projects to use
44.23alternative methods of investigating and assessing reports of child maltreatment, provided
44.24that the projects comply with the provisions of section 626.556 dealing with the rights
44.25of individuals who are subjects of reports or investigations, including notice and appeal
44.26rights and data practices requirements. The commissioner may seek any federal approvals
44.27necessary to carry out the projects as well as seek and use any funds available to the
44.28commissioner, including use of federal funds, foundation funds, existing grant funds,
44.29and other funds. The commissioner is authorized to advance state funds as necessary to
44.30operate the projects. Federal reimbursement applicable to the projects is appropriated
44.31to the commissioner for the purposes of the projects. The projects must be required to
44.32address responsibility for safety, permanency, and well-being of children.
44.33(b) For the purposes of this section, "American Indian child" means a person under
44.3418 years of age 21 years old and who is a tribal member or eligible for membership in
45.1one of the tribes chosen for a project under this subdivision and who is residing on the
45.2reservation of that tribe.
45.3(c) In order to qualify for an American Indian child welfare project, a tribe must:
45.4(1) be one of the existing tribes with reservation land in Minnesota;
45.5(2) have a tribal court with jurisdiction over child custody proceedings;
45.6(3) have a substantial number of children for whom determinations of maltreatment
45.7have occurred;
45.8(4) have capacity to respond to reports of abuse and neglect under section 626.556;
45.9(5) provide a wide range of services to families in need of child welfare services; and
45.10(6) have a tribal-state title IV-E agreement in effect.
45.11(d) Grants awarded under this section may be used for the nonfederal costs of
45.12providing child welfare services to American Indian children on the tribe's reservation,
45.13including costs associated with:
45.14(1) assessment and prevention of child abuse and neglect;
45.15(2) family preservation;
45.16(3) facilitative, supportive, and reunification services;
45.17(4) out-of-home placement for children removed from the home for child protective
45.18purposes; and
45.19(5) other activities and services approved by the commissioner that further the goals
45.20of providing safety, permanency, and well-being of American Indian children.
45.21(e) When a tribe has initiated a project and has been approved by the commissioner
45.22to assume child welfare responsibilities for American Indian children of that tribe under
45.23this section, the affected county social service agency is relieved of responsibility for
45.24responding to reports of abuse and neglect under section 626.556 for those children
45.25during the time within which the tribal project is in effect and funded. The commissioner
45.26shall work with tribes and affected counties to develop procedures for data collection,
45.27evaluation, and clarification of ongoing role and financial responsibilities of the county
45.28and tribe for child welfare services prior to initiation of the project. Children who have not
45.29been identified by the tribe as participating in the project shall remain the responsibility
45.30of the county. Nothing in this section shall alter responsibilities of the county for law
45.31enforcement or court services.
45.32(f) Participating tribes may conduct children's mental health screenings under section
45.33245.4874, subdivision 1 , paragraph (a), clause (14), for children who are eligible for the
45.34initiative and living on the reservation and who meet one of the following criteria:
45.35(1) the child must be receiving child protective services;
45.36(2) the child must be in foster care; or
46.1(3) the child's parents must have had parental rights suspended or terminated.
46.2Tribes may access reimbursement from available state funds for conducting the screenings.
46.3Nothing in this section shall alter responsibilities of the county for providing services
46.4under section 245.487.
46.5(g) Participating tribes may establish a local child mortality review panel. In
46.6establishing a local child mortality review panel, the tribe agrees to conduct local child
46.7mortality reviews for child deaths or near-fatalities occurring on the reservation under
46.8subdivision 12 . Tribes with established child mortality review panels shall have access
46.9to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c)
46.10to (e). The tribe shall provide written notice to the commissioner and affected counties
46.11when a local child mortality review panel has been established and shall provide data upon
46.12request of the commissioner for purposes of sharing nonpublic data with members of the
46.13state child mortality review panel in connection to an individual case.
46.14(h) The commissioner shall collect information on outcomes relating to child safety,
46.15permanency, and well-being of American Indian children who are served in the projects.
46.16Participating tribes must provide information to the state in a format and completeness
46.17deemed acceptable by the state to meet state and federal reporting requirements.

46.18    Sec. 2. Minnesota Statutes 2010, section 257.01, is amended to read:
46.19257.01 RECORDS REQUIRED.
46.20Each person or authorized child-placing agency permitted by law to receive children,
46.21secure homes for children, or care for children, shall keep a record containing the name,
46.22age, former residence, legal status, health records, sex, race, and accumulated length of
46.23time in foster care, if applicable, of each child received; the name, former residence,
46.24occupation, health history, and character, of each birth parent; the date of reception,
46.25placing out, and adoption of each child, and the name, race, occupation, and residence of
46.26the person with whom a child is placed; the date of the removal of any child to another
46.27home and the reason for removal; the date of termination of the guardianship; the history
46.28of each child until the child reaches the age of 18 21 years, is legally adopted, or is
46.29discharged according to law; and further demographic and other information as is required
46.30by the commissioner of human services.

46.31    Sec. 3. Minnesota Statutes 2010, section 259.73, is amended to read:
46.32259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.
46.33The commissioner of human services shall provide reimbursement of up to $2,000
46.34to the adoptive parent or parents for costs incurred in adopting a child with special
47.1needs. The commissioner shall determine the child's eligibility for adoption expense
47.2reimbursement under title IV-E of the Social Security Act, United States Code, title 42,
47.3sections 670 to 676. To be reimbursed, costs must be reasonable, necessary, and directly
47.4related to the legal adoption of the child. An individual may apply for reimbursement for
47.5costs incurred in an adoption of a child with special needs under section 259A.70.

47.6    Sec. 4. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:
47.7    Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition,
47.8terminate all rights of a parent to a child:
47.9(a) with the written consent of a parent who for good cause desires to terminate
47.10parental rights; or
47.11(b) if it finds that one or more of the following conditions exist:
47.12(1) that the parent has abandoned the child;
47.13(2) that the parent has substantially, continuously, or repeatedly refused or neglected
47.14to comply with the duties imposed upon that parent by the parent and child relationship,
47.15including but not limited to providing the child with necessary food, clothing, shelter,
47.16education, and other care and control necessary for the child's physical, mental, or
47.17emotional health and development, if the parent is physically and financially able, and
47.18either reasonable efforts by the social services agency have failed to correct the conditions
47.19that formed the basis of the petition or reasonable efforts would be futile and therefore
47.20unreasonable;
47.21(3) that a parent has been ordered to contribute to the support of the child or
47.22financially aid in the child's birth and has continuously failed to do so without good cause.
47.23This clause shall not be construed to state a grounds for termination of parental rights of a
47.24noncustodial parent if that parent has not been ordered to or cannot financially contribute
47.25to the support of the child or aid in the child's birth;
47.26(4) that a parent is palpably unfit to be a party to the parent and child relationship
47.27because of a consistent pattern of specific conduct before the child or of specific conditions
47.28directly relating to the parent and child relationship either of which are determined by
47.29the court to be of a duration or nature that renders the parent unable, for the reasonably
47.30foreseeable future, to care appropriately for the ongoing physical, mental, or emotional
47.31needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent
47.32and child relationship upon a showing that the parent's parental rights to one or more other
47.33children were involuntarily terminated or that the parent's custodial rights to another child
47.34have been involuntarily transferred to a relative under section 260C.201, subdivision 11,
47.35paragraph (e), clause (1), or a similar law of another jurisdiction;
48.1(5) that following the child's placement out of the home, reasonable efforts, under the
48.2direction of the court, have failed to correct the conditions leading to the child's placement.
48.3It is presumed that reasonable efforts under this clause have failed upon a showing that:
48.4(i) a child has resided out of the parental home under court order for a cumulative
48.5period of 12 months within the preceding 22 months. In the case of a child under age eight
48.6at the time the petition was filed alleging the child to be in need of protection or services,
48.7the presumption arises when the child has resided out of the parental home under court
48.8order for six months unless the parent has maintained regular contact with the child and
48.9the parent is complying with the out-of-home placement plan;
48.10(ii) the court has approved the out-of-home placement plan required under section
48.11260C.212 and filed with the court under section 260C.178;
48.12(iii) conditions leading to the out-of-home placement have not been corrected. It
48.13is presumed that conditions leading to a child's out-of-home placement have not been
48.14corrected upon a showing that the parent or parents have not substantially complied with
48.15the court's orders and a reasonable case plan; and
48.16(iv) reasonable efforts have been made by the social services agency to rehabilitate
48.17the parent and reunite the family.
48.18This clause does not prohibit the termination of parental rights prior to one year, or
48.19in the case of a child under age eight, prior to six months after a child has been placed
48.20out of the home.
48.21It is also presumed that reasonable efforts have failed under this clause upon a
48.22showing that:
48.23(A) the parent has been diagnosed as chemically dependent by a professional
48.24certified to make the diagnosis;
48.25(B) the parent has been required by a case plan to participate in a chemical
48.26dependency treatment program;
48.27(C) the treatment programs offered to the parent were culturally, linguistically,
48.28and clinically appropriate;
48.29(D) the parent has either failed two or more times to successfully complete a
48.30treatment program or has refused at two or more separate meetings with a caseworker
48.31to participate in a treatment program; and
48.32(E) the parent continues to abuse chemicals.
48.33(6) that a child has experienced egregious harm in the parent's care which is of a
48.34nature, duration, or chronicity that indicates a lack of regard for the child's well-being,
48.35such that a reasonable person would believe it contrary to the best interest of the child
48.36or of any child to be in the parent's care;
49.1(7) that in the case of a child born to a mother who was not married to the child's
49.2father when the child was conceived nor when the child was born the person is not entitled
49.3to notice of an adoption hearing under section 259.49 and the person has not registered
49.4with the fathers' adoption registry under section 259.52;
49.5(8) that the child is neglected and in foster care; or
49.6(9) that the parent has been convicted of a crime listed in section 260.012, paragraph
49.7(g) , clauses (1) to (3) (5).
49.8In an action involving an American Indian child, sections 260.751 to 260.835 and
49.9the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control
49.10to the extent that the provisions of this section are inconsistent with those laws.

49.11    Sec. 5. Minnesota Statutes 2010, section 260D.08, is amended to read:
49.12260D.08 ANNUAL REVIEW.
49.13    (a) After the court conducts a permanency review hearing under section 260D.07,
49.14the matter must be returned to the court for further review of the responsible social
49.15services reasonable efforts to finalize the permanent plan for the child and the child's foster
49.16care placement at least every 12 months while the child is in foster care. The court shall
49.17give notice to the parent and child, age 12 or older, and the foster parents of the continued
49.18review requirements under this section at the permanency review hearing.
49.19    (b) Every 12 months, the court shall determine whether the agency made reasonable
49.20efforts to finalize the permanency plan for the child, which means the exercise of due
49.21diligence by the agency to:
49.22    (1) ensure that the agreement for voluntary foster care is the most appropriate legal
49.23arrangement to meet the child's safety, health, and best interests and to conduct a genuine
49.24examination of whether there is another permanency disposition order under chapter
49.25260C, including returning the child home, that would better serve the child's need for a
49.26stable and permanent home;
49.27    (2) engage and support the parent in continued involvement in planning and decision
49.28making for the needs of the child;
49.29    (3) strengthen the child's ties to the parent, relatives, and community;
49.30    (4) implement the out-of-home placement plan required under section 260C.212,
49.31subdivision 1, and ensure that the plan requires the provision of appropriate services to
49.32address the physical health, mental health, and educational needs of the child; and
49.33    (5) ensure appropriate planning for the child's safe, permanent, and independent
49.34living arrangement after the child's 18th birthday.

50.1    Sec. 6. [611.012] DISPOSITION OF CHILD OF PARENT ARRESTED.
50.2A peace officer who arrests a person accompanied by a child of the person may
50.3release the child to any person designated by the parent unless it is necessary to remove
50.4the child under section 260C.175 because the child is found in surroundings or conditions
50.5which endanger the child's health or welfare or which the peace officer reasonably believes
50.6will endanger the child's health or welfare. An officer releasing a child under this section
50.7to a person designated by the parent has no civil or criminal liability for the child's release.

50.8    Sec. 7. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
50.9    Subd. 2. Definitions. As used in this section, the following terms have the meanings
50.10given them unless the specific content indicates otherwise:
50.11    (a) "Family assessment" means a comprehensive assessment of child safety, risk
50.12of subsequent child maltreatment, and family strengths and needs that is applied to a
50.13child maltreatment report that does not allege substantial child endangerment. Family
50.14assessment does not include a determination as to whether child maltreatment occurred
50.15but does determine the need for services to address the safety of family members and the
50.16risk of subsequent maltreatment.
50.17    (b) "Investigation" means fact gathering related to the current safety of a child
50.18and the risk of subsequent maltreatment that determines whether child maltreatment
50.19occurred and whether child protective services are needed. An investigation must be used
50.20when reports involve substantial child endangerment, and for reports of maltreatment in
50.21facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
50.22144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
50.2313, and 124D.10; or in a nonlicensed personal care provider association as defined in
50.24sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
50.25    (c) "Substantial child endangerment" means a person responsible for a child's care,
50.26and in the case of sexual abuse includes a person who has a significant relationship to the
50.27child as defined in section 609.341, or a person in a position of authority as defined in
50.28section 609.341, who by act or omission commits or attempts to commit an act against a
50.29child under their care that constitutes any of the following:
50.30    (1) egregious harm as defined in section 260C.007, subdivision 14;
50.31    (2) sexual abuse as defined in paragraph (d);
50.32    (3) abandonment under section 260C.301, subdivision 2;
50.33    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
50.34child's physical or mental health, including a growth delay, which may be referred to as
50.35failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
51.1    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
51.2609.195 ;
51.3    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
51.4    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
51.5609.223 ;
51.6    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
51.7    (9) criminal sexual conduct under sections 609.342 to 609.3451;
51.8    (10) solicitation of children to engage in sexual conduct under section 609.352;
51.9    (11) malicious punishment or neglect or endangerment of a child under section
51.10609.377 or 609.378;
51.11    (12) use of a minor in sexual performance under section 617.246; or
51.12    (13) parental behavior, status, or condition which mandates that the county attorney
51.13file a termination of parental rights petition under section 260C.301, subdivision 3,
51.14paragraph (a).
51.15    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
51.16child's care, by a person who has a significant relationship to the child, as defined in
51.17section 609.341, or by a person in a position of authority, as defined in section 609.341,
51.18subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
51.19conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
51.20609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
51.21in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
51.22abuse also includes any act which involves a minor which constitutes a violation of
51.23prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
51.24threatened sexual abuse which includes the status of a parent or household member
51.25who has committed a violation which requires registration as an offender under section
51.26243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
51.27243.166, subdivision 1b, paragraph (a) or (b).
51.28    (e) "Person responsible for the child's care" means (1) an individual functioning
51.29within the family unit and having responsibilities for the care of the child such as a
51.30parent, guardian, or other person having similar care responsibilities, or (2) an individual
51.31functioning outside the family unit and having responsibilities for the care of the child
51.32such as a teacher, school administrator, other school employees or agents, or other lawful
51.33custodian of a child having either full-time or short-term care responsibilities including,
51.34but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
51.35and coaching.
52.1    (f) "Neglect" means the commission or omission of any of the acts specified under
52.2clauses (1) to (9), other than by accidental means:
52.3    (1) failure by a person responsible for a child's care to supply a child with necessary
52.4food, clothing, shelter, health, medical, or other care required for the child's physical or
52.5mental health when reasonably able to do so;
52.6    (2) failure to protect a child from conditions or actions that seriously endanger the
52.7child's physical or mental health when reasonably able to do so, including a growth delay,
52.8which may be referred to as a failure to thrive, that has been diagnosed by a physician and
52.9is due to parental neglect;
52.10    (3) failure to provide for necessary supervision or child care arrangements
52.11appropriate for a child after considering factors as the child's age, mental ability, physical
52.12condition, length of absence, or environment, when the child is unable to care for the
52.13child's own basic needs or safety, or the basic needs or safety of another child in their care;
52.14    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
52.15260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's
52.16child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
52.17    (5) nothing in this section shall be construed to mean that a child is neglected solely
52.18because the child's parent, guardian, or other person responsible for the child's care in
52.19good faith selects and depends upon spiritual means or prayer for treatment or care of
52.20disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
52.21or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
52.22if a lack of medical care may cause serious danger to the child's health. This section does
52.23not impose upon persons, not otherwise legally responsible for providing a child with
52.24necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
52.25    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
52.26subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
52.27symptoms in the child at birth, results of a toxicology test performed on the mother at
52.28delivery or the child at birth, or medical effects or developmental delays during the child's
52.29first year of life that medically indicate prenatal exposure to a controlled substance, or the
52.30presence of a Fetal Alcohol Spectrum Disorder;
52.31    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
52.32    (8) chronic and severe use of alcohol or a controlled substance by a parent or
52.33person responsible for the care of the child that adversely affects the child's basic needs
52.34and safety; or
52.35    (9) emotional harm from a pattern of behavior which contributes to impaired
52.36emotional functioning of the child which may be demonstrated by a substantial and
53.1observable effect in the child's behavior, emotional response, or cognition that is not
53.2within the normal range for the child's age and stage of development, with due regard to
53.3the child's culture.
53.4    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
53.5inflicted by a person responsible for the child's care on a child other than by accidental
53.6means, or any physical or mental injury that cannot reasonably be explained by the child's
53.7history of injuries, or any aversive or deprivation procedures, or regulated interventions,
53.8that have not been authorized under section 121A.67 or 245.825.
53.9    Abuse does not include reasonable and moderate physical discipline of a child
53.10administered by a parent or legal guardian which does not result in an injury. Abuse does
53.11not include the use of reasonable force by a teacher, principal, or school employee as
53.12allowed by section 121A.582. Actions which are not reasonable and moderate include,
53.13but are not limited to, any of the following that are done in anger or without regard to the
53.14safety of the child:
53.15    (1) throwing, kicking, burning, biting, or cutting a child;
53.16    (2) striking a child with a closed fist;
53.17    (3) shaking a child under age three;
53.18    (4) striking or other actions which result in any nonaccidental injury to a child
53.19under 18 months of age;
53.20    (5) unreasonable interference with a child's breathing;
53.21    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
53.22    (7) striking a child under age one on the face or head;
53.23    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
53.24substances which were not prescribed for the child by a practitioner, in order to control or
53.25punish the child; or other substances that substantially affect the child's behavior, motor
53.26coordination, or judgment or that results in sickness or internal injury, or subjects the
53.27child to medical procedures that would be unnecessary if the child were not exposed
53.28to the substances;
53.29    (9) unreasonable physical confinement or restraint not permitted under section
53.30609.379 , including but not limited to tying, caging, or chaining; or
53.31    (10) in a school facility or school zone, an act by a person responsible for the child's
53.32care that is a violation under section 121A.58.
53.33    (h) "Report" means any report received by the local welfare agency, police
53.34department, county sheriff, or agency responsible for assessing or investigating
53.35maltreatment pursuant to this section.
53.36    (i) "Facility" means:
54.1    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
54.2sanitarium, or other facility or institution required to be licensed under sections 144.50 to
54.3144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245B;
54.4    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
54.5124D.10 ; or
54.6    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
54.7subdivision 16, and 256B.0625, subdivision 19a.
54.8    (j) "Operator" means an operator or agency as defined in section 245A.02.
54.9    (k) "Commissioner" means the commissioner of human services.
54.10    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
54.11not limited to employee assistance counseling and the provision of guardian ad litem and
54.12parenting time expeditor services.
54.13    (m) "Mental injury" means an injury to the psychological capacity or emotional
54.14stability of a child as evidenced by an observable or substantial impairment in the child's
54.15ability to function within a normal range of performance and behavior with due regard to
54.16the child's culture.
54.17    (n) "Threatened injury" means a statement, overt act, condition, or status that
54.18represents a substantial risk of physical or sexual abuse or mental injury. Threatened
54.19injury includes, but is not limited to, exposing a child to a person responsible for the
54.20child's care, as defined in paragraph (e), clause (1), who has:
54.21    (1) subjected a child to, or failed to protect a child from, an overt act or condition
54.22that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
54.23similar law of another jurisdiction;
54.24    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
54.25(4), or a similar law of another jurisdiction;
54.26    (3) committed an act that has resulted in an involuntary termination of parental rights
54.27under section 260C.301, or a similar law of another jurisdiction; or
54.28    (4) committed an act that has resulted in the involuntary transfer of permanent legal
54.29and physical custody of a child to a relative under section 260C.201, subdivision 11,
54.30paragraph (d), clause (1), or a similar law of another jurisdiction.
54.31    (o) Persons who conduct assessments or investigations under this section shall take
54.32into account accepted child-rearing practices of the culture in which a child participates
54.33and accepted teacher discipline practices, which are not injurious to the child's health,
54.34welfare, and safety.
54.35    (p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
54.36occurrence or event which:
55.1    (1) is not likely to occur and could not have been prevented by exercise of due
55.2care; and
55.3    (2) if occurring while a child is receiving services from a facility, happens when the
55.4facility and the employee or person providing services in the facility are in compliance
55.5with the laws and rules relevant to the occurrence or event.
55.6(q) "Nonmaltreatment mistake" means:
55.7(1) at the time of the incident, the individual was performing duties identified in the
55.8center's child care program plan required under Minnesota Rules, part 9503.0045;
55.9(2) the individual has not been determined responsible for a similar incident that
55.10resulted in a finding of maltreatment for at least seven years;
55.11(3) the individual has not been determined to have committed a similar
55.12nonmaltreatment mistake under this paragraph for at least four years;
55.13(4) any injury to a child resulting from the incident, if treated, is treated only with
55.14remedies that are available over the counter, whether ordered by a medical professional or
55.15not; and
55.16(5) except for the period when the incident occurred, the facility and the individual
55.17providing services were both in compliance with all licensing requirements relevant to the
55.18incident.
55.19This definition only applies to child care centers licensed under Minnesota
55.20Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
55.21substantiated maltreatment by the individual, the commissioner of human services shall
55.22determine that a nonmaltreatment mistake was made by the individual.

55.23    Sec. 8. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:
55.24    Subd. 10. Duties of local welfare agency and local law enforcement agency upon
55.25receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine
55.26whether to conduct a family assessment or an investigation as appropriate to prevent or
55.27provide a remedy for child maltreatment. The local welfare agency:
55.28    (1) shall conduct an investigation on reports involving substantial child
55.29endangerment;
55.30    (2) shall begin an immediate investigation if, at any time when it is using a family
55.31assessment response, it determines that there is reason to believe that substantial child
55.32endangerment or a serious threat to the child's safety exists;
55.33    (3) may conduct a family assessment for reports that do not allege substantial child
55.34endangerment. In determining that a family assessment is appropriate, the local welfare
56.1agency may consider issues of child safety, parental cooperation, and the need for an
56.2immediate response; and
56.3    (4) may conduct a family assessment on a report that was initially screened and
56.4assigned for an investigation. In determining that a complete investigation is not required,
56.5the local welfare agency must document the reason for terminating the investigation and
56.6notify the local law enforcement agency if the local law enforcement agency is conducting
56.7a joint investigation.
56.8    If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
56.9or individual functioning within the family unit as a person responsible for the child's
56.10care, or sexual abuse by a person with a significant relationship to the child when that
56.11person resides in the child's household or by a sibling, the local welfare agency shall
56.12immediately conduct a family assessment or investigation as identified in clauses (1) to
56.13(4). In conducting a family assessment or investigation, the local welfare agency shall
56.14gather information on the existence of substance abuse and domestic violence and offer
56.15services for purposes of preventing future child maltreatment, safeguarding and enhancing
56.16the welfare of the abused or neglected minor, and supporting and preserving family
56.17life whenever possible. If the report alleges a violation of a criminal statute involving
56.18sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
56.19local law enforcement agency and local welfare agency shall coordinate the planning and
56.20execution of their respective investigation and assessment efforts to avoid a duplication of
56.21fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
56.22the results of its investigation. In cases of alleged child maltreatment resulting in death,
56.23the local agency may rely on the fact-finding efforts of a law enforcement investigation
56.24to make a determination of whether or not maltreatment occurred. When necessary the
56.25local welfare agency shall seek authority to remove the child from the custody of a parent,
56.26guardian, or adult with whom the child is living. In performing any of these duties, the
56.27local welfare agency shall maintain appropriate records.
56.28    If the family assessment or investigation indicates there is a potential for abuse of
56.29alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
56.30the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
56.31Rules, part 9530.6615.
56.32    (b) When a local agency receives a report or otherwise has information indicating
56.33that a child who is a client, as defined in section 245.91, has been the subject of physical
56.34abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
56.35245.91 , it shall, in addition to its other duties under this section, immediately inform the
56.36ombudsman established under sections 245.91 to 245.97. The commissioner of education
57.1shall inform the ombudsman established under sections 245.91 to 245.97 of reports
57.2regarding a child defined as a client in section 245.91 that maltreatment occurred at a
57.3school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
57.4    (c) Authority of the local welfare agency responsible for assessing or investigating
57.5the child abuse or neglect report, the agency responsible for assessing or investigating
57.6the report, and of the local law enforcement agency for investigating the alleged abuse or
57.7neglect includes, but is not limited to, authority to interview, without parental consent,
57.8the alleged victim and any other minors who currently reside with or who have resided
57.9with the alleged offender. The interview may take place at school or at any facility or
57.10other place where the alleged victim or other minors might be found or the child may be
57.11transported to, and the interview conducted at, a place appropriate for the interview of a
57.12child designated by the local welfare agency or law enforcement agency. The interview
57.13may take place outside the presence of the alleged offender or parent, legal custodian,
57.14guardian, or school official. For family assessments, it is the preferred practice to request
57.15a parent or guardian's permission to interview the child prior to conducting the child
57.16interview, unless doing so would compromise the safety assessment. Except as provided in
57.17this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
57.18local welfare or law enforcement agency no later than the conclusion of the investigation
57.19or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
57.20Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
57.21motion by the local welfare agency, order that, where reasonable cause exists, the agency
57.22withhold notification of this interview from the parent, legal custodian, or guardian. If the
57.23interview took place or is to take place on school property, the order shall specify that
57.24school officials may not disclose to the parent, legal custodian, or guardian the contents
57.25of the notification of intent to interview the child on school property, as provided under
57.26this paragraph, and any other related information regarding the interview that may be a
57.27part of the child's school record. A copy of the order shall be sent by the local welfare or
57.28law enforcement agency to the appropriate school official.
57.29    (d) When the local welfare, local law enforcement agency, or the agency responsible
57.30for assessing or investigating a report of maltreatment determines that an interview should
57.31take place on school property, written notification of intent to interview the child on school
57.32property must be received by school officials prior to the interview. The notification
57.33shall include the name of the child to be interviewed, the purpose of the interview, and
57.34a reference to the statutory authority to conduct an interview on school property. For
57.35interviews conducted by the local welfare agency, the notification shall be signed by the
57.36chair of the local social services agency or the chair's designee. The notification shall be
58.1private data on individuals subject to the provisions of this paragraph. School officials
58.2may not disclose to the parent, legal custodian, or guardian the contents of the notification
58.3or any other related information regarding the interview until notified in writing by the
58.4local welfare or law enforcement agency that the investigation or assessment has been
58.5concluded, unless a school employee or agent is alleged to have maltreated the child.
58.6Until that time, the local welfare or law enforcement agency or the agency responsible
58.7for assessing or investigating a report of maltreatment shall be solely responsible for any
58.8disclosures regarding the nature of the assessment or investigation.
58.9    Except where the alleged offender is believed to be a school official or employee,
58.10the time and place, and manner of the interview on school premises shall be within the
58.11discretion of school officials, but the local welfare or law enforcement agency shall have
58.12the exclusive authority to determine who may attend the interview. The conditions as to
58.13time, place, and manner of the interview set by the school officials shall be reasonable and
58.14the interview shall be conducted not more than 24 hours after the receipt of the notification
58.15unless another time is considered necessary by agreement between the school officials and
58.16the local welfare or law enforcement agency. Where the school fails to comply with the
58.17provisions of this paragraph, the juvenile court may order the school to comply. Every
58.18effort must be made to reduce the disruption of the educational program of the child, other
58.19students, or school staff when an interview is conducted on school premises.
58.20    (e) Where the alleged offender or a person responsible for the care of the alleged
58.21victim or other minor prevents access to the victim or other minor by the local welfare
58.22agency, the juvenile court may order the parents, legal custodian, or guardian to produce
58.23the alleged victim or other minor for questioning by the local welfare agency or the local
58.24law enforcement agency outside the presence of the alleged offender or any person
58.25responsible for the child's care at reasonable places and times as specified by court order.
58.26    (f) Before making an order under paragraph (e), the court shall issue an order to
58.27show cause, either upon its own motion or upon a verified petition, specifying the basis for
58.28the requested interviews and fixing the time and place of the hearing. The order to show
58.29cause shall be served personally and shall be heard in the same manner as provided in
58.30other cases in the juvenile court. The court shall consider the need for appointment of a
58.31guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
58.32litem shall be present at the hearing on the order to show cause.
58.33    (g) The commissioner of human services, the ombudsman for mental health and
58.34developmental disabilities, the local welfare agencies responsible for investigating reports,
58.35the commissioner of education, and the local law enforcement agencies have the right to
58.36enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
59.1including medical records, as part of the investigation. Notwithstanding the provisions of
59.2chapter 13, they also have the right to inform the facility under investigation that they are
59.3conducting an investigation, to disclose to the facility the names of the individuals under
59.4investigation for abusing or neglecting a child, and to provide the facility with a copy of
59.5the report and the investigative findings.
59.6    (h) The local welfare agency responsible for conducting a family assessment or
59.7investigation shall collect available and relevant information to determine child safety,
59.8risk of subsequent child maltreatment, and family strengths and needs and share not public
59.9information with an Indian's tribal social services agency without violating any law of the
59.10state that may otherwise impose duties of confidentiality on the local welfare agency in
59.11order to implement the tribal state agreement. The local welfare agency or the agency
59.12responsible for investigating the report shall collect available and relevant information
59.13to ascertain whether maltreatment occurred and whether protective services are needed.
59.14Information collected includes, when relevant, information with regard to the person
59.15reporting the alleged maltreatment, including the nature of the reporter's relationship to the
59.16child and to the alleged offender, and the basis of the reporter's knowledge for the report;
59.17the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
59.18collateral sources having relevant information related to the alleged maltreatment. The
59.19local welfare agency or the agency responsible for assessing or investigating the report
59.20may make a determination of no maltreatment early in an assessment investigation, and
59.21close the case and retain immunity, if the collected information shows no basis for a
59.22full assessment or investigation.
59.23    Information relevant to the assessment or investigation must be asked for, and
59.24may include:
59.25    (1) the child's sex and age, prior reports of maltreatment, information relating
59.26to developmental functioning, credibility of the child's statement, and whether the
59.27information provided under this clause is consistent with other information collected
59.28during the course of the assessment or investigation;
59.29    (2) the alleged offender's age, a record check for prior reports of maltreatment, and
59.30criminal charges and convictions. The local welfare agency or the agency responsible for
59.31assessing or investigating the report must provide the alleged offender with an opportunity
59.32to make a statement. The alleged offender may submit supporting documentation relevant
59.33to the assessment or investigation;
59.34    (3) collateral source information regarding the alleged maltreatment and care of the
59.35child. Collateral information includes, when relevant: (i) a medical examination of the
59.36child; (ii) prior medical records relating to the alleged maltreatment or the care of the
60.1child maintained by any facility, clinic, or health care professional and an interview with
60.2the treating professionals; and (iii) interviews with the child's caretakers, including the
60.3child's parent, guardian, foster parent, child care provider, teachers, counselors, family
60.4members, relatives, and other persons who may have knowledge regarding the alleged
60.5maltreatment and the care of the child; and
60.6    (4) information on the existence of domestic abuse and violence in the home of
60.7the child, and substance abuse.
60.8    Nothing in this paragraph precludes the local welfare agency, the local law
60.9enforcement agency, or the agency responsible for assessing or investigating the report
60.10from collecting other relevant information necessary to conduct the assessment or
60.11investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
60.12agency has access to medical data and records for purposes of clause (3). Notwithstanding
60.13the data's classification in the possession of any other agency, data acquired by the
60.14local welfare agency or the agency responsible for assessing or investigating the report
60.15during the course of the assessment or investigation are private data on individuals and
60.16must be maintained in accordance with subdivision 11. Data of the commissioner of
60.17education collected or maintained during and for the purpose of an investigation of
60.18alleged maltreatment in a school are governed by this section, notwithstanding the data's
60.19classification as educational, licensing, or personnel data under chapter 13.
60.20    In conducting an assessment or investigation involving a school facility as defined
60.21in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
60.22reports and data that are relevant to a report of maltreatment and are from local law
60.23enforcement and the school facility.
60.24    (i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
60.25contact with the child reported to be maltreated and with the child's primary caregiver
60.26sufficient to complete a safety assessment and ensure the immediate safety of the child.
60.27The face-to-face contact with the child and primary caregiver shall occur immediately
60.28if substantial child endangerment is alleged and within five calendar days for all other
60.29reports. If the alleged offender was not already interviewed as the primary caregiver, the
60.30local welfare agency shall also conduct a face-to-face interview with the alleged offender
60.31in the early stages of the assessment or investigation. At the initial contact, the local child
60.32welfare agency or the agency responsible for assessing or investigating the report must
60.33inform the alleged offender of the complaints or allegations made against the individual in
60.34a manner consistent with laws protecting the rights of the person who made the report.
60.35The interview with the alleged offender may be postponed if it would jeopardize an active
60.36law enforcement investigation.
61.1    (j) When conducting an investigation, the local welfare agency shall use a question
61.2and answer interviewing format with questioning as nondirective as possible to elicit
61.3spontaneous responses. For investigations only, the following interviewing methods and
61.4procedures must be used whenever possible when collecting information:
61.5    (1) audio recordings of all interviews with witnesses and collateral sources; and
61.6    (2) in cases of alleged sexual abuse, audio-video recordings of each interview with
61.7the alleged victim and child witnesses.
61.8    (k) In conducting an assessment or investigation involving a school facility as
61.9defined in subdivision 2, paragraph (i), the commissioner of education shall collect
61.10available and relevant information and use the procedures in paragraphs (i), (k), and
61.11subdivision 3d, except that the requirement for face-to-face observation of the child
61.12and face-to-face interview of the alleged offender is to occur in the initial stages of the
61.13assessment or investigation provided that the commissioner may also base the assessment
61.14or investigation on investigative reports and data received from the school facility and
61.15local law enforcement, to the extent those investigations satisfy the requirements of
61.16paragraphs (i) and (k), and subdivision 3d.

61.17    Sec. 9. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read:
61.18    Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family
61.19assessment or the investigation within 45 days of the receipt of a report. The conclusion of
61.20the assessment or investigation may be extended to permit the completion of a criminal
61.21investigation or the receipt of expert information requested within 45 days of the receipt
61.22of the report.
61.23    (b) After conducting a family assessment, the local welfare agency shall determine
61.24whether services are needed to address the safety of the child and other family members
61.25and the risk of subsequent maltreatment.
61.26    (c) After conducting an investigation, the local welfare agency shall make two
61.27determinations: first, whether maltreatment has occurred; and second, whether child
61.28protective services are needed. No determination of maltreatment shall be made when the
61.29alleged perpetrator is a child under the age of ten.
61.30    (d) If the commissioner of education conducts an assessment or investigation,
61.31the commissioner shall determine whether maltreatment occurred and what corrective
61.32or protective action was taken by the school facility. If a determination is made that
61.33maltreatment has occurred, the commissioner shall report to the employer, the school
61.34board, and any appropriate licensing entity the determination that maltreatment occurred
61.35and what corrective or protective action was taken by the school facility. In all other cases,
62.1the commissioner shall inform the school board or employer that a report was received,
62.2the subject of the report, the date of the initial report, the category of maltreatment alleged
62.3as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
62.4of the specific reasons for the determination.
62.5    (e) When maltreatment is determined in an investigation involving a facility,
62.6the investigating agency shall also determine whether the facility or individual was
62.7responsible, or whether both the facility and the individual were responsible for the
62.8maltreatment using the mitigating factors in paragraph (i). Determinations under this
62.9subdivision must be made based on a preponderance of the evidence and are private data
62.10on individuals or nonpublic data as maintained by the commissioner of education.
62.11    (f) For the purposes of this subdivision, "maltreatment" means any of the following
62.12acts or omissions:
62.13    (1) physical abuse as defined in subdivision 2, paragraph (g);
62.14    (2) neglect as defined in subdivision 2, paragraph (f);
62.15    (3) sexual abuse as defined in subdivision 2, paragraph (d);
62.16    (4) mental injury as defined in subdivision 2, paragraph (m); or
62.17    (5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
62.18    (g) For the purposes of this subdivision, a determination that child protective
62.19services are needed means that the local welfare agency has documented conditions
62.20during the assessment or investigation sufficient to cause a child protection worker, as
62.21defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
62.22maltreatment if protective intervention is not provided and that the individuals responsible
62.23for the child's care have not taken or are not likely to take actions to protect the child
62.24from maltreatment or risk of maltreatment.
62.25    (h) This subdivision does not mean that maltreatment has occurred solely because
62.26the child's parent, guardian, or other person responsible for the child's care in good faith
62.27selects and depends upon spiritual means or prayer for treatment or care of disease
62.28or remedial care of the child, in lieu of medical care. However, if lack of medical care
62.29may result in serious danger to the child's health, the local welfare agency may ensure
62.30that necessary medical services are provided to the child.
62.31    (i) When determining whether the facility or individual is the responsible party, or
62.32whether both the facility and the individual are responsible for determined maltreatment in
62.33a facility, the investigating agency shall consider at least the following mitigating factors:
62.34    (1) whether the actions of the facility or the individual caregivers were according to,
62.35and followed the terms of, an erroneous physician order, prescription, individual care plan,
62.36or directive; however, this is not a mitigating factor when the facility or caregiver was
63.1responsible for the issuance of the erroneous order, prescription, individual care plan, or
63.2directive or knew or should have known of the errors and took no reasonable measures to
63.3correct the defect before administering care;
63.4    (2) comparative responsibility between the facility, other caregivers, and
63.5requirements placed upon an employee, including the facility's compliance with related
63.6regulatory standards and the adequacy of facility policies and procedures, facility training,
63.7an individual's participation in the training, the caregiver's supervision, and facility staffing
63.8levels and the scope of the individual employee's authority and discretion; and
63.9    (3) whether the facility or individual followed professional standards in exercising
63.10professional judgment.
63.11The evaluation of the facility's responsibility under clause (2) must not be based on the
63.12completeness of the risk assessment or risk reduction plan required under section 245A.66,
63.13but must be based on the facility's compliance with the regulatory standards for policies
63.14and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
63.15Rules.
63.16    (j) Notwithstanding paragraph (i), when maltreatment is determined to have been
63.17committed by an individual who is also the facility license holder, both the individual and
63.18the facility must be determined responsible for the maltreatment, and both the background
63.19study disqualification standards under section 245C.15, subdivision 4, and the licensing
63.20actions under sections 245A.06 or 245A.07 apply.
63.21(k) Individual counties may implement more detailed definitions or criteria that
63.22indicate which allegations to investigate, as long as a county's policies are consistent
63.23with the definitions in the statutes and rules and are approved by the county board. Each
63.24local welfare agency shall periodically inform mandated reporters under subdivision 3
63.25who work in the county of the definitions of maltreatment in the statutes and rules and any
63.26additional definitions or criteria that have been approved by the county board.

63.27    Sec. 10. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
63.28    Subd. 10f. Notice of determinations. Within ten working days of the conclusion
63.29of a family assessment, the local welfare agency shall notify the parent or guardian
63.30of the child of the need for services to address child safety concerns or significant risk
63.31of subsequent child maltreatment. The local welfare agency and the family may also
63.32jointly agree that family support and family preservation services are needed. Within ten
63.33working days of the conclusion of an investigation, the local welfare agency or agency
63.34responsible for assessing or investigating the report shall notify the parent or guardian
63.35of the child, the person determined to be maltreating the child, and if applicable, the
64.1director of the facility, of the determination and a summary of the specific reasons for
64.2the determination. When the investigation involves a child foster care setting that is
64.3monitored by a private licensing agency under section 245A.16, the local welfare agency
64.4responsible for assessing or investigating the report shall notify the private licensing
64.5agency of the determination and shall provide a summary of the specific reasons for
64.6the determination. The notice to the private licensing agency must include identifying
64.7private data, but not the identity of the reporter of maltreatment. The notice must also
64.8include a certification that the information collection procedures under subdivision 10,
64.9paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to
64.10obtain access to other private data on the subject collected, created, or maintained under
64.11this section. In addition, the notice shall include the length of time that the records will be
64.12kept under subdivision 11c. The investigating agency shall notify the parent or guardian
64.13of the child who is the subject of the report, and any person or facility determined to
64.14have maltreated a child, of their appeal or review rights under this section or section
64.15256.022 . The notice must also state that a finding of maltreatment may result in denial of a
64.16license application or background study disqualification under chapter 245C related to
64.17employment or services that are licensed by the Department of Human Services under
64.18chapter 245A, the Department of Health under chapter 144 or 144A, the Department of
64.19Corrections under section 241.021, and from providing services related to an unlicensed
64.20personal care provider organization under chapter 256B.

64.21    Sec. 11. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
64.22    Subd. 10i. Administrative reconsideration; review panel. (a) Administrative
64.23reconsideration is not applicable in family assessments since no determination concerning
64.24maltreatment is made. For investigations, except as provided under paragraph (e), an
64.25individual or facility that the commissioner of human services, a local social service
64.26agency, or the commissioner of education determines has maltreated a child, an interested
64.27person acting on behalf of the child, regardless of the determination, who contests
64.28the investigating agency's final determination regarding maltreatment, may request the
64.29investigating agency to reconsider its final determination regarding maltreatment. The
64.30request for reconsideration must be submitted in writing to the investigating agency within
64.3115 calendar days after receipt of notice of the final determination regarding maltreatment
64.32or, if the request is made by an interested person who is not entitled to notice, within
64.3315 days after receipt of the notice by the parent or guardian of the child. If mailed, the
64.34request for reconsideration must be postmarked and sent to the investigating agency
64.35within 15 calendar days of the individual's or facility's receipt of the final determination. If
65.1the request for reconsideration is made by personal service, it must be received by the
65.2investigating agency within 15 calendar days after the individual's or facility's receipt of the
65.3final determination. Effective January 1, 2002, an individual who was determined to have
65.4maltreated a child under this section and who was disqualified on the basis of serious or
65.5recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration
65.6of the maltreatment determination and the disqualification. The request for reconsideration
65.7of the maltreatment determination and the disqualification must be submitted within 30
65.8calendar days of the individual's receipt of the notice of disqualification under sections
65.9245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment
65.10determination and the disqualification must be postmarked and sent to the investigating
65.11agency within 30 calendar days of the individual's receipt of the maltreatment
65.12determination and notice of disqualification. If the request for reconsideration is made by
65.13personal service, it must be received by the investigating agency within 30 calendar days
65.14after the individual's receipt of the notice of disqualification.
65.15    (b) Except as provided under paragraphs (e) and (f), if the investigating agency
65.16denies the request or fails to act upon the request within 15 working days after receiving
65.17the request for reconsideration, the person or facility entitled to a fair hearing under
65.18section 256.045 may submit to the commissioner of human services or the commissioner
65.19of education a written request for a hearing under that section. Section 256.045 also
65.20governs hearings requested to contest a final determination of the commissioner of
65.21education. For reports involving maltreatment of a child in a facility, an interested person
65.22acting on behalf of the child may request a review by the Child Maltreatment Review
65.23Panel under section 256.022 if the investigating agency denies the request or fails to act
65.24upon the request or if the interested person contests a reconsidered determination. The
65.25investigating agency shall notify persons who request reconsideration of their rights under
65.26this paragraph. The request must be submitted in writing to the review panel and a copy
65.27sent to the investigating agency within 30 calendar days of receipt of notice of a denial
65.28of a request for reconsideration or of a reconsidered determination. The request must
65.29specifically identify the aspects of the agency determination with which the person is
65.30dissatisfied. The hearings specified under this section are the only administrative appeal of
65.31a decision issued under paragraph (a). Determinations under this section are not subject to
65.32accuracy and completeness challenges under section 13.04.
65.33    (c) If, as a result of a reconsideration or review, the investigating agency changes
65.34the final determination of maltreatment, that agency shall notify the parties specified in
65.35subdivisions 10b, 10d, and 10f.
66.1    (d) Except as provided under paragraph (f), if an individual or facility contests the
66.2investigating agency's final determination regarding maltreatment by requesting a fair
66.3hearing under section 256.045, the commissioner of human services shall assure that the
66.4hearing is conducted and a decision is reached within 90 days of receipt of the request for
66.5a hearing. The time for action on the decision may be extended for as many days as the
66.6hearing is postponed or the record is held open for the benefit of either party.
66.7    (e) If an individual was disqualified under sections 245C.14 and 245C.15, on
66.8the basis of a determination of maltreatment, which was serious or recurring, and
66.9the individual has requested reconsideration of the maltreatment determination under
66.10paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
66.11to 245C.27, reconsideration of the maltreatment determination and reconsideration of the
66.12disqualification shall be consolidated into a single reconsideration. If reconsideration
66.13of the maltreatment determination is denied and the individual remains disqualified
66.14following a reconsideration decision, the individual may request a fair hearing under
66.15section 256.045. If an individual requests a fair hearing on the maltreatment determination
66.16and the disqualification, the scope of the fair hearing shall include both the maltreatment
66.17determination and the disqualification.
66.18    (f) If a maltreatment determination or a disqualification based on serious or recurring
66.19maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
66.20sanction under section 245A.07, the license holder has the right to a contested case hearing
66.21under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
66.22under section 245A.08, subdivision 2a, the scope of the contested case hearing shall
66.23include the maltreatment determination, disqualification, and licensing sanction or denial
66.24of a license. In such cases, a fair hearing regarding the maltreatment determination and
66.25disqualification shall not be conducted under section 256.045. Except for family child
66.26care and child foster care, reconsideration of a maltreatment determination as provided
66.27under this subdivision, and reconsideration of a disqualification as provided under section
66.28245C.22 , shall also not be conducted when:
66.29    (1) a denial of a license under section 245A.05 or a licensing sanction under section
66.30245A.07 , is based on a determination that the license holder is responsible for maltreatment
66.31or the disqualification of a license holder based on serious or recurring maltreatment;
66.32    (2) the denial of a license or licensing sanction is issued at the same time as the
66.33maltreatment determination or disqualification; and
66.34    (3) the license holder appeals the maltreatment determination or disqualification, and
66.35denial of a license or licensing sanction.
67.1    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
67.2determination or disqualification, but does not appeal the denial of a license or a licensing
67.3sanction, reconsideration of the maltreatment determination shall be conducted under
67.4sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
67.5disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
67.6shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
67.7626.557, subdivision 9d .
67.8    If the disqualified subject is an individual other than the license holder and upon
67.9whom a background study must be conducted under chapter 245C, the hearings of all
67.10parties may be consolidated into a single contested case hearing upon consent of all parties
67.11and the administrative law judge.
67.12    (g) For purposes of this subdivision, "interested person acting on behalf of the
67.13child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
67.14stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
67.15determined to be the perpetrator of the maltreatment.

67.16    Sec. 12. Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to
67.17read:
67.18    Subd. 10k. Release of certain assessment or investigative records to other
67.19counties. Records maintained under subdivision 11c, paragraph (a), may be shared with
67.20another local welfare agency that requests the information because it is conducting an
67.21assessment or investigation under this section of the subject of the records.

67.22    Sec. 13. REVISOR'S INSTRUCTION.
67.23(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
67.24in column A with the number listed in column B.

67.25		Column A	Column B
67.26		259.69	259A.05, subd. 5
67.27		260C.217	260C.139
67.28		260C.501	260C.177
67.29		260C.201, subd. 10	260C.202
67.30		260C.212, subd. 7	260C.203
67.31		260C.201, subd. 11a	260C.204
67.32		260C.212, subd. 4	260C.219
67.33		260C.212, subd. 5	260C.221
67.34		260C.213	260C.223
67.35		260C.206	260C.225
67.36		260C.212, subd. 8	260C.227
68.1		260C.212, subd. 6	260C.521, subd. 4
68.2		260C.205	260D.11

68.3(b) The revisor of statutes shall make necessary cross-reference changes in
68.4Minnesota Statutes and Minnesota Rules consistent with the numbering in articles 1 and
68.52 and the renumbering in paragraph (a).


68.8    Section 1. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:
68.9    Subd. 7. Hospital and Department of Health distribution of educational
68.10materials; recognition form. Hospitals that provide obstetric services and the state
68.11registrar of vital statistics shall distribute the educational materials and recognition
68.12of parentage forms prepared by the commissioner of human services to new parents;
68.13and shall assist parents in understanding the recognition of parentage form, including
68.14following the provisions for notice under subdivision 5; shall aid new parents in properly
68.15completing the recognition of parentage form, including providing notary services; and
68.16shall timely file the completed recognition of parentage form with the office of the state
68.17registrar of vital statistics. On and after January 1, 1994, hospitals may not distribute the
68.18declaration of parentage forms.

68.19    Sec. 2. Minnesota Statutes 2010, section 518C.205, is amended to read:
68.20518C.205 CONTINUING, EXCLUSIVE JURISDICTION.
68.21(a) A tribunal of this state issuing a support order consistent with the law of this state
68.22has continuing, exclusive jurisdiction over a child support order unless:
68.23(1) as long as this state remains is no longer the residence of the obligor, the
68.24individual obligee, or and the child for whose benefit the support order is issued; or
68.25(2) until all of the parties who are individuals have filed written consents with
68.26the tribunal of this state for a tribunal of another state to modify the order and assume
68.27continuing, exclusive jurisdiction.
68.28(b) A tribunal of this state issuing a child support order consistent with the law of
68.29this state may not exercise its continuing jurisdiction to modify the order if the order has
68.30been modified by a tribunal of another state pursuant to this chapter or a law substantially
68.31similar to this chapter.
68.32(c) If a child support order of this state is modified by a tribunal of another state
68.33pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state
69.1loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the
69.2order issued in this state, and may only:
69.3(1) enforce the order that was modified as to amounts accruing before the
69.4modification;
69.5(2) enforce nonmodifiable aspects of that order; and
69.6(3) provide other appropriate relief for violations of that order which occurred before
69.7the effective date of the modification.
69.8(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a
69.9tribunal of another state which has issued a child support order pursuant to this chapter or
69.10a law substantially similar to this chapter.
69.11(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
69.12conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
69.13(f) A tribunal of this state issuing a support order consistent with the law of this
69.14state has continuing, exclusive jurisdiction over a spousal support order throughout the
69.15existence of the support obligation. A tribunal of this state may not modify a spousal
69.16support order issued by a tribunal of another state having continuing, exclusive jurisdiction
69.17over that order under the law of that state."
69.18Amend the title accordingly