1.1.................... moves to amend H.F. No. 1967 as follows:
1.2Page 1, after line 14, insert:

1.5Page 59, delete lines 28 to 29, and insert:
1.6"This article is effective August 2, 2012."
1.7Page 59 after line 29, insert:


1.10    Section 1. [259A.01] DEFINITIONS.
1.11    Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
1.12section have the meanings given them except as otherwise indicated by the context.
1.13    Subd. 2. Adoption assistance. "Adoption assistance" means medical coverage and
1.14reimbursement of nonrecurring adoption expenses, and may also include financial support
1.15and reimbursement for specific nonmedical expenses provided under agreement with the
1.16parent of an adoptive child who would otherwise remain in foster care and whose special
1.17needs would otherwise make it difficult to place the child for adoption. Financial support
1.18may include a basic maintenance payment and a supplemental needs payment.
1.19    Subd. 3. Adoptive parent. "Adoptive parent" means the adult who has been
1.20made the legal parent of a child through a court-ordered adoption decree or a customary
1.21adoption through tribal court.
1.22    Subd. 4. AFDC. "AFDC" means the aid to families with dependent children
1.23program under sections 256.741, 256.82, and 256.87.
1.24    Subd. 5. Assessment. "Assessment" means the process by which the child-placing
1.25agency determines the benefits an eligible child may receive under this chapter.
2.1    Subd. 6. At-risk child. "At-risk child" means a child who does not have a
2.2documented disability but who is at risk of developing a physical, mental, emotional, or
2.3behavioral disability based on being related within the first or second degree to persons
2.4who have an inheritable physical, mental, emotional, or behavioral disabling condition, or
2.5from a background that has the potential to cause the child to develop a physical, mental,
2.6emotional, or behavioral disability that the child is at risk of developing. The disability
2.7must manifest during childhood.
2.8    Subd. 7. Basic maintenance payment. "Basic maintenance payment" means
2.9the maintenance payment made on behalf of a child to support the costs an adoptive
2.10parent incurs to meet a child's needs consistent with the care parents customarily provide,
2.11including: food, clothing, shelter, daily supervision, school supplies, and child's personal
2.12incidentals. It also supports reasonable travel to participate in face-to-face visitation
2.13between child and birth relatives, including siblings.
2.14    Subd. 8. Child. "Child" means an individual under 18 years of age. For purposes
2.15of this chapter, child also includes individuals up to age 21 who have approved adoption
2.16assistance agreement extensions under section 259A.45, subdivision 1.
2.17    Subd. 9. Child-placing agency. "Child-placing agency" means a business,
2.18organization, or department of government, including the responsible social services
2.19agency or a federally recognized Minnesota tribe, designated or authorized by law
2.20to place children for adoption and assigned legal responsibility for placement, care,
2.21and supervision of the child through a court order, voluntary placement agreement, or
2.22voluntary relinquishment.
2.23    Subd. 10. Child under guardianship of the commissioner of human services.
2.24"Child under guardianship of the commissioner of human services" means a child the
2.25court has ordered under the guardianship of the commissioner of human services pursuant
2.26to section 260C.325.
2.27    Subd. 11. Commissioner. "Commissioner" means the commissioner of human
2.28services or any employee of the Department of Human Services to whom the commissioner
2.29has delegated authority regarding children under the commissioner's guardianship.
2.30    Subd. 12. Consent of parent to adoption under chapter 260C. "Consent of
2.31parent to adoption under chapter 260C" means the consent executed pursuant to section
2.32260C.515, subdivision 3.
2.33    Subd. 13. Department. "Department" means the Minnesota Department of Human
2.34Services.
2.35    Subd. 14. Disability. "Disability" means a physical, mental, emotional, or
2.36behavioral impairment that substantially limits one or more major life activities. Major
3.1life activities include, but are not limited to: thinking, walking, hearing, breathing,
3.2working, seeing, speaking, communicating, learning, developing and maintaining healthy
3.3relationships, safely caring for oneself, and performing manual tasks. The nature, duration,
3.4and severity of the impairment shall be used in determining if the limitation is substantial.
3.5    Subd. 15. Foster care. "Foster care" has the meaning given in section 260C.007,
3.6subdivision 18.
3.7    Subd. 16. Guardian. "Guardian" means an adult who is appointed pursuant to
3.8section 260C.325. For a child under guardianship of the commissioner, the child's
3.9guardian is the commissioner of human services.
3.10    Subd. 17. Guardianship. "Guardianship" means the court-ordered rights and
3.11responsibilities of the guardian of a child and includes legal custody of the child.
3.12    Subd. 18. Indian child. "Indian child" has the meaning given in section 260.755,
3.13subdivision 8.
3.14    Subd. 19. Legal custodian. "Legal custodian" means a person to whom permanent
3.15legal and physical custody of a child has been transferred under chapter 260C, or for
3.16children under tribal court jurisdiction, a similar provision under tribal code which means
3.17that the individual responsible for the child has responsibility for the protection, education,
3.18care, and control of the child and decision making on behalf of the child.
3.19    Subd. 20. Medical assistance. "Medical assistance" means Minnesota's
3.20implementation of the federal Medicaid program.
3.21    Subd. 21. Parent. "Parent" has the meaning given in section 257.52. Parent does
3.22not mean a putative father of a child unless the putative father also meets the requirements
3.23of section 257.55 or unless the putative father is entitled to notice under section 259.49,
3.24subdivision 1. For matters governed by the Indian Child Welfare Act, parent includes any
3.25Indian person who has adopted a child by tribal law or custom, as provided in section
3.26260.755, subdivision 14, and does not include the unwed father where paternity has not
3.27been acknowledged or established.
3.28    Subd. 22. Permanent legal and physical custody. "Permanent legal and physical
3.29custody" means permanent legal and physical custody ordered by a Minnesota court under
3.30section 260C.515, subdivision 4, or for children under tribal court jurisdiction, a similar
3.31provision under tribal code which means that the individual with permanent legal and
3.32physical custody of the child has responsibility for the protection, education, care, and
3.33control of the child and decision making on behalf of the child.
3.34    Subd. 23. Preadoptive parent. "Preadoptive parent" means an adult who is caring
3.35for a child in an adoptive placement, but where the court has not yet ordered a final decree
3.36of adoption making the adult the legal parent of the child.
4.1    Subd. 24. Reassessment. "Reassessment" means an update of a previous assessment
4.2through the process under this chapter completed for a child who has been continuously
4.3eligible for this benefit.
4.4    Subd. 25. Relative. "Relative" means a person related to the child by blood,
4.5marriage, or adoption, or an individual who is an important friend with whom the child has
4.6resided or had significant contact. For an Indian child, relative includes members of the
4.7extended family as defined by law or custom of the Indian child's tribe, or, in the absence
4.8of law or custom, shall be a person who has reached the age of 18 and who is the Indian
4.9child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece
4.10or nephew, first or second cousin, or stepparent, as provided in the Indian Child Welfare
4.11Act of 1978, United States Code, title 25, section 1903.
4.12    Subd. 26. Relative search. "Relative search" means the search that is required
4.13under chapter 260C.212, subdivision 5.
4.14    Subd. 27. Sibling. "Sibling" has the meaning given in section 260C.007,
4.15subdivision 31.
4.16    Subd. 28. Social and medical history. "Social and medical history" means the
4.17document, on a form or forms prescribed by the commissioner, that contains a child's
4.18genetic, medical, and family background as well as the history and current status of a
4.19child's physical and mental health, behavior, demeanor, foster care placements, education,
4.20and family relationships and has the same meaning as the history required under sections
4.21259.43 and 260C.609.
4.22    Subd. 29. Supplemental needs payment. "Supplemental needs payment"
4.23means the payment which is negotiated with the adoptive parent for a child who has a
4.24documented physical, mental, emotional, or behavioral disability. The payment is made
4.25based on the requirements associated with parenting duties to nurture the child, preserve
4.26the child's connections, and support the child's functioning in the home.
4.27    Subd. 30. Termination of parental rights. "Termination of parental rights" means
4.28a court order that severs all rights, powers, privileges, immunities, duties, and obligations,
4.29including any rights to custody, control, visitation, or support, existing between a parent
4.30and child. For an Indian child who is a ward of tribal court, termination of parental rights
4.31means any action resulting in the termination or suspension of the parent-child relationship
4.32when the tribe has made a judicial determination that the child cannot or should not be
4.33returned to the home of the child's parent or parents.

4.34    Sec. 2. [259A.05] PROGRAM ADMINISTRATION.
5.1    Subdivision 1. Administration of title IV-E programs. The title IV-E Adoption
5.2Assistance Program shall operate according to the requirements of United States Code,
5.3title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356.
5.4    Subd. 2. Administration responsibilities. (a) AFDC relatedness is one eligibility
5.5component of title IV-E adoption assistance. The AFDC relatedness determination shall be
5.6made by an agency according to policies and procedures prescribed by the commissioner.
5.7(b) Subject to commissioner approval, the child-placing agency shall certify a child's
5.8eligibility for adoption assistance in writing on the forms prescribed by the commissioner
5.9according to section 259A.15.
5.10(c) Children who meet all eligibility criteria except those specific to title IV-E, shall
5.11receive adoption assistance paid through state funds.
5.12(d) The child-placing agency is responsible for assisting the commissioner with
5.13the administration of the adoption assistance program by conducting assessments,
5.14reassessments, negotiations, and other activities as specified by the requirements and
5.15procedures prescribed by the commissioner.
5.16(e) The child-placing agency shall notify an adoptive parent of a child's eligibility for
5.17Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the
5.18adoptive parent to the appropriate social service agency in the parent's county of residence
5.19that administers medical assistance. The child-placing agency shall inform the adoptive
5.20parent of the requirement to comply with the rules of the applicable Medicaid program.
5.21    Subd. 3. Procedures, requirements, and deadlines. The commissioner shall
5.22specify procedures, requirements, and deadlines for the administration of adoption
5.23assistance in accordance with this section.
5.24    Subd. 4. Promotion of programs. (a) Parents who adopt children with special
5.25needs must be informed of the adoption tax credit.
5.26(b) The commissioner shall actively seek ways to promote the adoption assistance
5.27program, including informing prospective adoptive parents of eligible children under
5.28guardianship of the commissioner and the availability of adoption assistance.

5.29    Sec. 3. [259A.10] ELIGIBILITY REQUIREMENTS.
5.30    Subdivision 1. General eligibility requirements. (a) To be eligible for adoption
5.31assistance, a child must:
5.32(1) be determined to be a child with special needs, according to subdivision 2;
5.33(2) meet the applicable citizenship and immigration requirements in subdivision
5.343; and
5.35(3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
6.1(ii) have had foster care payments paid on the child's behalf while in out-of-home
6.2placement through the county or tribal social service agency and be a child under the
6.3guardianship of the commissioner or a ward of tribal court.
6.4(b) In addition to the requirements in paragraph (a), the child's adoptive parents must
6.5meet the applicable background study requirements outlined in subdivision 4.
6.6    Subd. 2. Special needs determination. (a) A child is considered a child with
6.7special needs under this section if all of the requirements in paragraphs (b) to (g) are met:
6.8(b) There has been a determination that the child cannot or should not be returned to
6.9the home of the child's parents as evidenced by:
6.10(1) court-ordered termination of parental rights;
6.11(2) petition to terminate parental rights;
6.12(3) consent of parent to adoption accepted by the court under chapter 260C;
6.13(4) in circumstances where tribal law permits the child to be adopted without a
6.14termination of parental rights, a judicial determination by tribal court indicating the valid
6.15reason why the child cannot or should not return home;
6.16(5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment
6.17occurred in another state, the applicable laws in that state; or
6.18(6) death of the legal parent, or parents if the child has two legal parents.
6.19(c) There exists a specific factor or condition because of which it is reasonable to
6.20conclude that the child cannot be placed with adoptive parents without providing adoption
6.21assistance as evidenced by:
6.22(1) determination by the Social Security Administration that the child meets all
6.23medical or disability requirements of title XVI of the Social Security Act with respect to
6.24eligibility for Supplemental Security Income benefits;
6.25(2) documented physical, mental, emotional, or behavioral disability not covered
6.26under clause (1);
6.27(3) member in a sibling group being adopted at the same time by the same parent;
6.28(4) adoptive placement in the home of a parent who previously adopted a sibling for
6.29whom they receive adoption assistance; or
6.30(5) documentation that the child is an at-risk child.
6.31(d) A reasonable but unsuccessful effort was made to place the child with adoptive
6.32parents without providing adoption assistance as evidenced by:
6.33(1) documented search for an appropriate adoptive placement; or
6.34(2) determination by the commissioner that a search under clause (1) is not in the
6.35best interests of the child.
7.1(e) The requirement for a documented search for an appropriate adoptive placement
7.2under paragraph (d), including the registration of the child with the State Adoption
7.3Exchange and other recruitment methods under paragraph (f), must be waived if:
7.4(1) the child is being adopted by a relative and it is determined by the child-placing
7.5agency that adoption by the relative is in the best interests of the child;
7.6(2) the child is being adopted by a foster parent with whom the child has developed
7.7significant emotional ties while in their care as a foster child and it is determined by
7.8the child-placing agency that adoption by the foster parent is in the best interests of the
7.9child; or
7.10(3) the child is being adopted by a parent that previously adopted a sibling of the
7.11child, and it is determined by the child-placing agency that adoption by this parent is
7.12in the best interests of the child.
7.13When the Indian Child Welfare Act applies, a waiver must not be granted unless the
7.14child-placing agency has complied with the placement preferences required by the Indian
7.15Child Welfare Act according to United States Code, title 25, section 1915(a).
7.16(f) To meet the requirement of a documented search for an appropriate adoptive
7.17placement under paragraph (d), clause (1), the child-placing agency minimally must:
7.18(1) conduct a relative search as required by section 260C.212, subdivision 5, and give
7.19consideration to placement with a relative as required by section 260C.212, subdivision 2;
7.20(2) comply with the adoptive placement preferences required under the Indian Child
7.21Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section
7.221915(a), applies;
7.23(3) locate prospective adoptive families by registering the child on the State
7.24Adoption Exchange, as required under section 259.75; and
7.25(4) if registration with the State Adoption Exchange does not result in the
7.26identification of an appropriate adoptive placement, the agency must employ additional
7.27recruitment methods, as outlined in requirements and procedures prescribed by the
7.28commissioner.
7.29(g) Once the child-placing agency has determined that placement with an identified
7.30parent is in the child's best interest and has made full written disclosure about the child's
7.31social and medical history, the agency must ask the prospective adoptive parent if they are
7.32willing to adopt the child without adoption assistance. If the identified parent is either
7.33unwilling or unable to adopt the child without adoption assistance, the child-placing
7.34agency must provide documentation as prescribed by the commissioner to fulfill the
7.35requirement to make a reasonable effort to place the child without adoption assistance. If
7.36the identified parent desires to adopt the child without adoption assistance, the parent must
8.1provide a written statement to this effect to the child-placing agency and the statement must
8.2be maintained in the permanent adoption record of the child-placing agency. For children
8.3under guardianship of the commissioner, the child-placing agency shall submit a copy of
8.4this statement to the commissioner to be maintained in the permanent adoption record.
8.5    Subd. 3. Citizenship and immigration status. (a) A child must be a citizen of the
8.6United States or otherwise eligible for federal public benefits according to the Personal
8.7Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to
8.8be eligible for title IV-E Adoption Assistance Program.
8.9(b) A child must be a citizen of the United States or meet the qualified alien
8.10requirements as defined in the Personal Responsibility and Work Opportunity
8.11Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption
8.12assistance.
8.13    Subd. 4. Background study. (a) A background study under section 259.41 must be
8.14completed on each prospective adoptive parent. An adoptive parent is prohibited from
8.15receiving adoption assistance on behalf of an otherwise eligible child if the background
8.16study reveals:
8.17(1) a felony conviction at any time for:
8.18(i) child abuse or neglect;
8.19(ii) spousal abuse;
8.20(iii) a crime against children, including child pornography; or
8.21(iv) a crime involving violence, including rape, sexual assault, or homicide, but not
8.22including other physical assault or battery; or
8.23(2) a felony conviction within the past five years for:
8.24(i) physical assault;
8.25(ii) battery; or
8.26(iii) a drug-related offense.
8.27    Subd. 5. Responsibility for determining adoption assistance eligibility. The
8.28state will determine eligibility for:
8.29(1) a Minnesota child under the guardianship of the commissioner who would
8.30otherwise remain in foster care;
8.31(2) a child who is not under the guardianship of the commissioner who meets title
8.32IV-E eligibility defined in section 473 of the Social Security Act and no state agency has
8.33legal responsibility for placement and care of the child;
8.34(3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster
8.35care; and
9.1(4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined
9.2in section 473 of the Social Security Act. The agency or entity assuming responsibility for
9.3the child is responsible for the nonfederal share of the adoption assistance payment.
9.4    Subd. 6. Exclusions. The commissioner shall not enter into an adoption assistance
9.5agreement with:
9.6(1) a child's biological parent or step parent;
9.7(2) a child's relative, according to section 260C.007, subdivision 27, with whom the
9.8child resided immediately prior to child welfare involvement unless:
9.9    (i) the child was in the custody of a Minnesota county or tribal agency pursuant to
9.10an order under chapter 260C or equivalent provisions of tribal code and the agency had
9.11placement and care responsibility for permanency planning for the child; and
9.12    (ii) the child is under guardianship of the commissioner of human services according
9.13to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or
9.14subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after
9.15termination of parental rights, suspension of parental rights, or a finding by the tribal court
9.16that the child cannot safely return to the care of the parent;
9.17(3) a child's legal custodian or guardian who is now adopting the child;
9.18(4) an individual adopting a child who is the subject of a direct adoptive placement
9.19under section 259.47 or the equivalent in tribal code; or
9.20(5) an individual who is adopting a child who is not a citizen or resident of the
9.21United States and was either adopted in another country or brought to this country for
9.22the purposes of adoption.

9.23    Sec. 4. [259A.15] ESTABLISHMENT OF ADOPTION ASSISTANCE
9.24ELIGIBILITY.
9.25    Subdivision 1. Adoption assistance certification. (a) The child-placing agency
9.26shall certify a child as eligible for adoption assistance according to requirements and
9.27procedures, and on forms prescribed by the commissioner. Documentation from a
9.28qualified expert must be provided to verify that a child meets the special needs criteria in
9.29section 259A.10, subdivision 2.
9.30(b) Expert documentation of a disability is limited to evidence deemed appropriate
9.31by the commissioner and must be submitted with the certification. Examples of appropriate
9.32documentation include, but are not limited to, medical records, psychological assessments,
9.33educational or early childhood evaluations, court findings, and social and medical history.
9.34(c) Documentation that the child is an at-risk child must be submitted according to
9.35requirements and procedures prescribed by the commissioner.
10.1    Subd. 2. Adoption assistance agreement. (a) An adoption assistance agreement
10.2is a binding contract between the adopting parent, the child-placing agency, and the
10.3commissioner. The agreement outlines the benefits to be provided on behalf of an eligible
10.4child.
10.5(b) In order to receive adoption assistance benefits, a written agreement on a form
10.6prescribed by the commissioner must be signed by the parent, an approved representative
10.7from the child-placing agency, and the commissioner prior to the effective date of the
10.8adoption decree. No later than 30 days after the parent is approved for the adoptive
10.9placement, the agreement must be negotiated with the parent as required in section
10.10259A.25, subdivision 1. Adoption assistance must be approved or denied by the
10.11commissioner no later than 15 business days after the receipt of a complete adoption
10.12assistance application prescribed by the commissioner. A fully executed copy of the
10.13signed agreement must be given to each party. Termination or disruption of the adoptive
10.14placement preceding adoption finalization makes the agreement with that parent void.
10.15(c) The agreement must specify the following:
10.16(1) duration of the agreement;
10.17(2) the nature and amount of any payment, services, and assistance to be provided
10.18under the agreement;
10.19(3) the child's eligibility for Medicaid services;
10.20(4) the terms of the payment;
10.21(5) eligibility for reimbursement of nonrecurring expenses associated with adopting
10.22the child, to the extent that the total cost does not exceed $2,000 per child;
10.23(6) that the agreement will remain in effect regardless of the state in which the
10.24adoptive parent resides at any given time;
10.25(7) provisions for modification of the terms of the agreement; and
10.26(8) the effective date of the agreement.
10.27(d) The agreement is effective on the date of the adoption decree.
10.28    Subd. 3. Assessment tool. An assessment tool prescribed by the commissioner
10.29must be completed for any child who has a documented disability that necessitates care,
10.30supervision, and structure beyond that ordinarily provided in a family setting to children
10.31of the same age. This assessment tool must be submitted with the adoption assistance
10.32certification and establishes eligibility for the amount of assistance requested.

10.33    Sec. 5. [259A.20] BENEFITS AND PAYMENTS.
10.34    Subdivision 1. General information. (a) Payments to parents under adoption
10.35assistance must be made monthly.
11.1(b) Payments must commence when the commissioner receives the adoption decree
11.2from the court, the child-placing agency, or the parent. Payments must be made according
11.3to requirements and procedures prescribed by the commissioner.
11.4(c) Payments shall only be made to the adoptive parent specified on the agreement.
11.5If there is more than one adoptive parent, both parties must be listed as the payee unless
11.6otherwise specified in writing according to requirements and procedures prescribed by
11.7the commissioner.
11.8(d) Payment must be considered income and resource attributable to the child.
11.9Payment must not be assigned or transferred to another party. Payment is exempt from
11.10garnishment, except as permissible under the laws of the state where the child resides.
11.11    Subd. 2. Medical assistance eligibility. Eligibility for medical assistance for
11.12children receiving adoption assistance is as specified in section 256B.055.
11.13    Subd. 3. Payments. (a) The basic maintenance payments must be made according
11.14to the following schedule for all children except those eligible for adoption assistance
11.15based on being an at-risk child:

11.16	Birth through age five	up to $247 per month
11.17	Age six through age 11	up to $277 per month
11.18	Age 12 through age 14	up to $307 per month
11.19	Age 15 and older	up to $337 per month

11.20A child must receive the maximum payment amount for the child's age, unless a
11.21lesser amount is negotiated with and agreed to by the prospective adoptive parent.
11.22(b) Supplemental needs payments, in addition to basic maintenance payments, are
11.23available based on the severity of a child's disability and the level of parenting required to
11.24care for the child, and must be made according to the following amounts:

11.25	Level I	up to $150 per month
11.26	Level II	up to $275 per month
11.27	Level III	up to $400 per month
11.28	Level IV	up to $500 per month

11.29A child's level shall be assessed on an assessment tool prescribed by the
11.30commissioner. A child must receive the maximum payment for the child's assessed level,
11.31unless a lesser amount is negotiated with and agreed to by the prospective adoptive parent.
11.32    Subd. 4. Reimbursement for special nonmedical expenses. (a) Reimbursement
11.33for special nonmedical expenses is available to children, except those eligible for adoption
11.34assistance based on being an at-risk child.
11.35(b) Reimbursements under this paragraph shall be made only after the adoptive
11.36parent documents that the requested service was denied by the local social service agency,
11.37community agencies, local school district, local public health department, the parent's
12.1insurance provider, or the child's program. The denial must be for an eligible service or
12.2qualified item under the program requirements of the applicable agency or organization.
12.3(c) Reimbursements must be previously authorized, adhere to the requirements and
12.4procedures prescribed by the commissioner, and be limited to:
12.5(1) child care for a child age 12 and younger, or for a child age 13 or 14 who has
12.6a documented disability that requires special instruction for and services by the child
12.7care provider. Child care reimbursements may be made if all available adult caregivers
12.8are employed or attending educational or vocational training programs. If a parent is
12.9attending an educational or vocational training program, child care reimbursement is
12.10limited to no more than the time necessary to complete the credit requirements for an
12.11associate or baccalaureate degree as determined by the educational institution. Child
12.12care reimbursement is not limited for an adoptive parent completing basic or remedial
12.13education programs needed to prepare for postsecondary education or employment;
12.14(2) respite care provided for the relief of the child's parent up to 504 hours of respite
12.15care annually;
12.16(3) camping up to 14 days per state fiscal year for a child to attend a special needs
12.17camp. The camp must be accredited by the American Camp Association as a special needs
12.18camp in order to be eligible for camp reimbursement;
12.19(4) postadoption counseling to promote the child's integration into the adoptive
12.20family that is provided by the placing agency during the first year following the date of the
12.21adoption decree. Reimbursement is limited to 12 sessions of postadoption counseling;
12.22(5) family counseling that is required to meet the child's special needs.
12.23Reimbursement is limited to the prorated portion of the counseling fees allotted to the
12.24family when the adoptive parent's health insurance or Medicaid pays for the child's
12.25counseling but does not cover counseling for the rest of the family members;
12.26(6) home modifications to accommodate the child's special needs upon which
12.27eligibility for adoption assistance was approved. Reimbursement is limited to once every
12.28five years per child;
12.29(7) vehicle modifications to accommodate the child's special needs upon which
12.30eligibility for adoption assistance was approved. Reimbursement is limited to once every
12.31five years per family; and
12.32(8) burial expenses up to $1,000, if the special needs, upon which eligibility for
12.33adoption assistance was approved, resulted in the death of the child.
12.34(d) The adoptive parent shall submit statements for expenses incurred between July
12.351 and June 30 of a given fiscal year to the state adoption assistance unit within 60 days
12.36after the end of the fiscal year in order for reimbursement to occur.

13.1    Sec. 6. [259A.25] DETERMINATION OF ADOPTION ASSISTANCE BENEFITS
13.2AND PAYMENT.
13.3    Subdivision 1. Negotiation of adoption assistance agreement. (a) A monthly
13.4payment is provided as part of the adoption assistance agreement to support the care of
13.5a child who has manifested special needs. The amount of the payment made on behalf
13.6of a child eligible for adoption assistance is determined through negotiation between
13.7the adoptive parent and the child-placing agency on behalf of the commissioner. The
13.8negotiation shall take into consideration the circumstances of the adopting parent and the
13.9needs of the child being adopted. The income of the adoptive parent must not be taken
13.10into consideration when determining eligibility for adoption assistance or the amount of
13.11the payments under section 259A.20. At the written request of the adoptive parent, the
13.12amount of the payment in the agreement may be renegotiated when there is a change in
13.13the child's needs or the family's circumstances.
13.14(b) The adoption assistance agreement of a child who is identified as an at-risk child
13.15must not include a monthly payment unless and until the potential disability upon which
13.16the eligibility for the agreement was based has manifested during childhood.
13.17    Subd. 2. Renegotiation of adoption assistance agreement. (a) An adoptive
13.18parent of a child with an adoption assistance agreement may request renegotiation of the
13.19agreement when there is a change in the needs of the child or in the family's circumstances.
13.20When an adoptive parent requests renegotiation of the agreement, a reassessment of the
13.21child must be completed by: (1) the responsible social services agency in the child's county
13.22of residence; or (2) the child-placing agency that facilitated the adoption when the child's
13.23residence is out of state. If the reassessment indicates that the child's needs have changed,
13.24the child-placing agency, on behalf of the commissioner and the parent, shall renegotiate
13.25the agreement to include a payment of the level determined appropriate through the
13.26reassessment process using the assessment tool prescribed by the commissioner according
13.27to section 259A.15, subdivision 3. The agreement must not be renegotiated unless the
13.28commissioner and the parent mutually agree to the changes. The effective date of any
13.29renegotiated agreement must be determined according to requirements and procedures
13.30prescribed by the commissioner.
13.31(b) An adoptive parent of a child with an adoption assistance agreement based on
13.32the child being an at-risk child may request renegotiation of the agreement to include a
13.33monthly payment. The parent must have written documentation from a qualified expert
13.34that the potential disability upon which eligibility for adoption assistance was approved
13.35has manifested. Documentation of the disability must be limited to evidence deemed
13.36appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment of
14.1the child must be conducted using an assessment tool prescribed by the commissioner
14.2according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate
14.3the agreement to include an appropriate monthly payment. The agreement must not be
14.4renegotiated unless the commissioner and the adoptive parent mutually agree to the
14.5changes. The effective date of any renegotiated agreement must be determined according
14.6to requirements and procedures prescribed by the commissioner.
14.7    Subd. 3. Child income or income attributable to the child. No income received
14.8by a child will be considered in determining a child's adoption assistance payment
14.9amount. If a child for whom a parent is receiving adoption assistance is also receiving
14.10Supplemental Security Income (SSI) or Retirement, Survivors, Disability Insurance
14.11(RSDI), the certifying agency shall inform the adoptive parent that the child's adoption
14.12assistance must be reported to the Social Security Administration.

14.13    Sec. 7. [259A.30] REPORTING RESPONSIBILITIES.
14.14    Subdivision 1. Notification of change. (a) An adoptive parent who has an adoption
14.15assistance agreement shall keep the agency administering the program informed of
14.16changes in status or circumstances that would make the child ineligible for the payments
14.17or eligible for payments in a different amount.
14.18(b) As long as the agreement is in effect, the adoptive parent agrees to notify the
14.19agency administering the program in writing within 30 days of the following changes:
14.20(1) the child's or adoptive parent's legal name;
14.21(2) the family's address;
14.22(3) the child's legal custody status;
14.23(4) the child's completion of high school, if this occurs after the child attains age 18;
14.24(5) the end of an adoptive parent's legal responsibility to support the child based on:
14.25termination of parental rights of the adoptive parent, transfer of guardianship to another
14.26person, or transfer of permanent legal and physical custody to another person;
14.27(6) the end of an adoptive parent's financial support of the child;
14.28(7) the death of the child;
14.29(8) the death of the adoptive parent;
14.30(9) the child enlists in the military;
14.31(10) the child gets married;
14.32(11) the child becomes an emancipated minor through legal action;
14.33(12) the adoptive parents separate or divorce;
14.34(13) the child is residing outside the adoptive home for a period of more than 30
14.35consecutive days; and
15.1(14) the child's status upon which eligibility for extension under section 259A.45,
15.2subdivision 2 or 3, was based.
15.3    Subd. 2. Correct and true information. If the adoptive parent reports information
15.4the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner
15.5of changes that may affect eligibility, or the agency administering the program receives
15.6information the adoptive parent did not report, the adoptive parent may be investigated for
15.7theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision
15.83, clauses (1) to (5).

15.9    Sec. 8. [259A.35] TERMINATION OF AGREEMENT.
15.10    Subdivision 1. Reasons for termination. (a) An adoption assistance agreement
15.11shall terminate in any of the following circumstances:
15.12(1) the child has attained the age of 18, or up to age 21, when the child meets a
15.13condition for extension as outlined in section 259A.45, subdivision 1;
15.14(2) the child has not attained the age of 18, but the commissioner determines the
15.15adoptive parent is no longer legally responsible for support of the child;
15.16(3) the commissioner determines the adoptive parent is no longer providing financial
15.17support to the child up to age 21;
15.18(4) the death of the child; or
15.19(5) the adoptive parent requests in writing termination of the adoption assistance
15.20agreement.
15.21(b) An adoptive parent is considered no longer legally responsible for support of the
15.22child in any of the following circumstances:
15.23(1) parental rights to the child are legally terminated or a court accepted the parent's
15.24consent to adoption under chapter 260C;
15.25(2) permanent legal and physical custody or guardianship of the child is transferred
15.26to another individual;
15.27(3) death of adoptive parent;
15.28(4) child enlists in the military;
15.29(5) child gets married; or
15.30(6) child is determined an emancipated minor through legal action.
15.31    Subd. 2. Death of adoptive parent or adoption dissolution. The adoption
15.32assistance agreement ends upon death or termination of parental rights of both adoptive
15.33parents in the case of a two-parent adoption, or the sole adoptive parent in the case of
15.34a single-parent adoption. The child's adoption assistance eligibility may be continued
15.35according to section 259A.40.
16.1    Subd. 3. Termination notice for parent. The commissioner shall provide the
16.2child's parent written notice of termination of payment. Termination notices must be sent
16.3according to the requirements and procedures prescribed by the commissioner.

16.4    Sec. 9. [259A.40] ASSIGNMENT OF ADOPTION ASSISTANCE AGREEMENT.
16.5    Subdivision 1. Continuing child's eligibility for title IV-E adoption assistance
16.6in a subsequent adoption. (a) The child maintains eligibility for title IV-E adoption
16.7assistance in a subsequent adoption if the following criteria are met:
16.8(1) the child is determined to be a child with special needs as outlined in section
16.9259A.10, subdivision 2; and
16.10(2) the subsequent adoptive parent resides in Minnesota.
16.11(b) If the child had a title IV-E adoption assistance agreement prior to the death of
16.12the adoptive parent or dissolution of the adoption, and the subsequent adoptive parent
16.13resides outside of Minnesota, the state is not responsible for determining whether the child
16.14meets the definition of special needs, entering into the adoption assistance agreement, and
16.15making any adoption assistance payments outlined in the new agreement unless a state
16.16agency in Minnesota has responsibility for placement and care of the child at the time of
16.17the subsequent adoption. If there is no state agency in Minnesota that has responsibility
16.18for placement and care of the child at the time of the subsequent adoption, it is the public
16.19child welfare agency in the subsequent adoptive parent's residence that is responsible for
16.20determining whether the child meets the definition of special needs and entering into the
16.21adoption assistance agreement.
16.22    Subd. 2. Assigning a child's adoption assistance to a court-appointed guardian.
16.23(a) State-funded adoption assistance may be continued with the written consent of the
16.24commissioner to an individual who is a guardian appointed by a court for the child upon
16.25the death of both the adoptive parents in the case of a two-parent adoption, or the sole
16.26adoptive parent in the case of a single-parent adoption, unless the child is under the
16.27custody of a child-placing agency.
16.28(b) Temporary assignment of adoption assistance may be approved by the
16.29commissioner for a maximum of six consecutive months from the death of the parent
16.30or parents and must adhere to the requirements and procedures prescribed by the
16.31commissioner. If, within six months, the child has not been adopted by a person agreed
16.32upon by the commissioner, or if a court has not appointed a legal guardian under either
16.33section 260C.325 or 524.5-313, or similar law of another jurisdiction, the adoption
16.34assistance shall terminate. Upon assignment of payments pursuant to this subdivision,
16.35funding shall be from state funds only.

17.1    Sec. 10. [259A.45] EXTENSION OF ADOPTION ASSISTANCE AGREEMENT.
17.2    Subdivision 1. General requirements. (a) Under certain limited circumstances a
17.3child may qualify for extension of the adoption assistance agreement beyond the date the
17.4child attains age 18, up to the date the child attains the age of 21.
17.5(b) A request for extension of the adoption assistance agreement must be completed
17.6in writing and submitted, including all supporting documentation, by the adoptive parent
17.7at least 60 calendar days prior to the date that the current agreement will terminate.
17.8(c) A signed amendment to the current adoption assistance agreement must be
17.9fully executed between the adoptive parent and the commissioner at least ten business
17.10days prior to the termination of the current agreement. The request for extension and the
17.11fully executed amendment must be made according to the requirements and procedures
17.12prescribed by the commissioner, including documentation of eligibility, and on forms
17.13prescribed by the commissioner.
17.14(d) If a child-placing agency is certifying a child for adoption assistance and
17.15the child will attain the age of 18 within 60 calendar days of submission, the request
17.16for extension must be completed in writing and submitted, including all supporting
17.17documentation, with the adoption assistance application.
17.18    Subd. 2. Extension past age 18 for child adopted after 16th birthday. A child
17.19who has attained the age of 16 prior to finalization of the child's adoption is eligible for
17.20extension of the adoption assistance agreement up to the date the child attains age 21
17.21if the child is:
17.22(1) dependent on the adoptive parent for care and financial support; and
17.23(2)(i) completing a secondary education program or a program leading to an
17.24equivalent credential;
17.25(ii) enrolled in an institution that provides postsecondary or vocational education;
17.26(iii) participating in a program or activity designed to promote or remove barriers to
17.27employment;
17.28(iv) employed for at least 80 hours per month; or
17.29(v) incapable of doing any of the activities described in clauses (i) to (iv) due to
17.30a medical condition where incapability is supported by documentation from an expert
17.31according to the requirements and procedures prescribed by the commissioner.
17.32    Subd. 3. Extension past age 18 for child adopted prior to 16th birthday. A child
17.33who has not attained the age of 16 prior to finalization of the child's adoption is eligible
17.34for extension of the adoption assistance agreement up to the date the child attains the
17.35age of 21 if the child is:
17.36(1) dependent on the adoptive parent for care and financial support; and
18.1(2)(i) enrolled in a secondary education program or a program leading to the
18.2equivalent; or
18.3(ii) incapable of sustaining employment because of the continuation of a physical or
18.4mental disability, upon which eligibility for adoption assistance was approved.

18.5    Sec. 11. [259A.50] OVERPAYMENTS OF ADOPTION ASSISTANCE.
18.6An amount of adoption assistance paid to an adoptive parent in excess of the
18.7payment that was actually due is recoverable by the commissioner, even when the
18.8overpayment was caused by agency error or circumstances outside the responsibility and
18.9control of the parent or provider. Adoption assistance amounts covered by this section
18.10include basic maintenance needs payments, monthly supplemental maintenance needs
18.11payments, reimbursement of nonrecurring adoption expenses, reimbursement of special
18.12nonmedical costs, and reimbursement of medical costs.

18.13    Sec. 12. [259A.55] APPEALS AND FAIR HEARINGS.
18.14    Subdivision 1. Appeals for denials, modifications, or terminations. An adoptive
18.15parent or a prospective adoptive parent has the right to appeal to the commissioner under
18.16section 256.045, for reasons including, but not limited to: when eligibility for adoption
18.17assistance is denied, when a specific payment or reimbursement is modified or denied,
18.18and when the agreement for an eligible child is terminated. A prospective adoptive parent
18.19who disagrees with a decision by the commissioner prior to finalization of the adoption
18.20may request review of the decision by the commissioner, or may appeal the decision
18.21under section 256.045.
18.22    Subd. 2. Extenuating circumstances. (a) An adoption assistance agreement must
18.23be signed and fully executed prior to the court order that finalizes the adoption. An
18.24adoptive parent who believes that extenuating circumstances exist, as to why the adoption
18.25was finalized prior to fully executing an adoption assistance agreement, may request
18.26a fair hearing. The parent has the responsibility to prove the existence of extenuating
18.27circumstances, such as:
18.28(1) relevant facts regarding the child were known by the child-placing agency and
18.29not presented to the parent prior to finalization of the adoption; or
18.30(2) the child-placing agency failed to advise a potential parent about the availability
18.31of adoption assistance for a child in the county-paid foster care system.
18.32(b) If an appeals judge finds through the fair hearing process that extenuating
18.33circumstances existed and that the child met all eligibility criteria at the time the adoption
19.1was finalized, the effective date and any associated federal financial participation shall
19.2be retroactive to the date of the request for a fair hearing.

19.3    Sec. 13. [259A.65] INTERSTATE COMPACT ON ADOPTION AND MEDICAL
19.4ASSISTANCE.
19.5    Subdivision 1. Purpose. It is the purpose and policy of the state of Minnesota to:
19.6(1) enter into interstate agreements with agencies of other states to safeguard and
19.7protect the interests of children covered by an adoption assistance agreement when they
19.8are adopted across state lines or move to another state after adoption finalization; and
19.9(2) provide a framework for uniformity and consistency in administrative procedures
19.10when a child with special needs is adopted by a family in another state and for children
19.11adopted in Minnesota who move to another state.
19.12    Subd. 2. Definitions. For the purposes of this section, the terms defined in this
19.13subdivision have the meanings given them, unless the context clearly indicates otherwise.
19.14(1) "Adoption assistance state" means the state that certifies eligibility for Medicaid
19.15in an adoption assistance agreement.
19.16(2) "Resident state" is the state where the adopted child is a resident.
19.17(3) "State" means a state of the United States, the District of Columbia,
19.18the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the
19.19Commonwealth of the Northern Mariana Islands, or a territory or possession of the
19.20United States.
19.21    Subd. 3. Compacts authorized. The commissioner is authorized to develop,
19.22negotiate, and enter into one or more interstate compacts on behalf of this state with other
19.23states to implement Medicaid for children with adoption assistance agreements.
19.24    Subd. 4. Contents of compacts. (a) A compact must include:
19.25(1) a provision allowing all states to join the compact;
19.26(2) a provision for withdrawal from the compact upon written notice to the parties,
19.27effective one year after the notice is provided;
19.28(3) a requirement that the protections afforded under the compact continue in force
19.29for the duration of the adoption assistance from a party state other than the one in which
19.30the adopted child is a resident;
19.31(4) a requirement that each instance of adoption assistance to which the compact
19.32applies be covered by an adoption assistance agreement in writing between the adoptive
19.33parent and the state child welfare agency of the state that provides the adoption assistance,
19.34and that the agreement be expressly for the benefit of the adopted child and enforceable by
19.35the adoptive parent and the state agency providing the adoption assistance; and
20.1(5) other provisions necessary and appropriate for the proper administration of the
20.2compact.
20.3(b) A compact may contain provisions establishing requirements and entitlements to
20.4medical, developmental, child care, or other social services for the child under state law,
20.5even though the child and the adoptive parent are in a state other than the one responsible
20.6for or providing the services or funds to pay part or all of the costs.
20.7    Subd. 5. Duties of commissioner of human services regarding medical
20.8assistance. (a) The commissioner of human services shall:
20.9(1) provide Minnesota medical assistance for an adopted child who is title IV-E
20.10eligible;
20.11(2) provide Minnesota medical assistance for an adopted child who is not title IV-E
20.12eligible who:
20.13(i) was determined to have a special need for medical or rehabilitative care;
20.14(ii) is living in another state; and
20.15(iii) is covered by an adoption assistance agreement made by the commissioner for
20.16medical coverage or benefits when the child is not eligible for Medicaid in the child's
20.17residence state;
20.18(3) consider the holder of a medical assistance identification card under this
20.19subdivision as any other recipient of medical assistance under chapter 256B; and
20.20(4) process and make payments on claims for the recipient in the same manner as
20.21for other recipients of medical assistance.
20.22(b) Coverage must be limited to providers authorized by Minnesota's medical
20.23assistance program, and according to Minnesota's program requirements.
20.24    Subd. 6. Cooperation with Medicaid. The adoptive parent shall cooperate with
20.25and abide by the Medicaid program requirements and procedures of the state which
20.26provides medical coverage.
20.27    Subd. 7. Federal participation. The commissioner shall apply for and administer
20.28all relevant aid in accordance with state and federal law.

20.29    Sec. 14. [259A.70] REIMBURSEMENT OF NONRECURRING ADOPTION
20.30EXPENSES.
20.31(a) The commissioner of human services shall provide reimbursement to an adoptive
20.32parent for costs incurred in an adoption of a child with special needs according to section
20.33259A.10, subdivision 2. Reimbursement shall be made for expenses that are reasonable
20.34and necessary for the adoption to occur, subject to a maximum of $2,000. The expenses
21.1must directly relate to the legal adoption of the child, not be incurred in violation of state
21.2or federal law, and must not have been reimbursed from other sources or funds.
21.3(b) Children who have special needs but are not citizens or residents of the United
21.4States and were either adopted in another country or brought to this country for the
21.5purposes of adoption are categorically ineligible for this reimbursement program, except if
21.6the child meets the eligibility criteria after the dissolution of the international adoption.
21.7(c) An adoptive parent, in consultation with the responsible child-placing agency,
21.8may request reimbursement of nonrecurring adoption expenses by submitting a complete
21.9application, according to the requirements and procedures and on forms prescribed by
21.10the commissioner.
21.11(d) The commissioner shall determine the child's eligibility for adoption expense
21.12reimbursement under title IV-E of the Social Security Act, United States Code, title 42,
21.13sections 670 to 676. If determined eligible, the commissioner of human services shall
21.14sign the agreement for nonrecurring adoption expense reimbursement, making this a
21.15fully executed agreement. To be eligible, the agreement must be fully executed prior to
21.16the child's adoption finalization.
21.17(e) An adoptive parent who has an adoption assistance agreement under section
21.18259A.15, subdivision 2, is not required to make a separate application for reimbursement
21.19of nonrecurring adoption expenses for the child who is the subject of that agreement.
21.20(f) If determined eligible, the adoptive parent shall submit reimbursement requests
21.21within 21 months of the date of the child's adoption decree, and according to requirements
21.22and procedures prescribed by the commissioner.

21.23    Sec. 15. [259A.75] REIMBURSEMENT OF CERTAIN AGENCY COSTS;
21.24PURCHASE OF SERVICE CONTRACTS.
21.25    Subdivision 1. General information. (a) Subject to the procedures required by
21.26the commissioner and the provisions of this section, a Minnesota county or tribal social
21.27services agency shall receive a reimbursement from the commissioner equal to 100
21.28percent of the reasonable and appropriate cost for contracted adoption placement services
21.29identified for a specific child that are not reimbursed under other federal or state funding
21.30sources.
21.31(b) The commissioner may spend up to $16,000 for each purchase of service
21.32contract. Only one contract per child per adoptive placement is permitted. Funds
21.33encumbered and obligated under the contract for the child remain available until the terms
21.34of the contract are fulfilled or the contract is terminated.
22.1(c) The commissioner shall set aside an amount not to exceed five percent of the
22.2total amount of the fiscal year appropriation from the state for the adoption assistance
22.3program to reimburse placing agencies for child-specific adoption placement services.
22.4When adoption assistance payments for children's needs exceed 95 percent of the total
22.5amount of the fiscal year appropriation from the state for the adoption assistance program,
22.6the amount of reimbursement available to placing agencies for adoption services is
22.7reduced correspondingly.
22.8    Subd. 2. Child eligibility criteria. (a) A child who is the subject of a purchase
22.9of service contract must:
22.10(1) have the goal of adoption, which may include an adoption in accordance with
22.11tribal law;
22.12(2) be under the guardianship of the commissioner of human services or be a ward of
22.13tribal court pursuant to section 260.755, subdivision 20; and
22.14(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
22.15(b) A child under the guardianship of the commissioner must have an identified
22.16adoptive parent and a fully executed adoption placement agreement according to section
22.17260C.613, subdivision 1, paragraph (a).
22.18    Subd. 3. Agency eligibility criteria. (a) A Minnesota county or tribal social
22.19services agency shall receive reimbursement for child-specific adoption placement
22.20services for an eligible child that it purchases from a private adoption agency licensed in
22.21Minnesota or any other state or tribal social services agency.
22.22(b) Reimbursement for adoption services is available only for services provided
22.23prior to the date of the adoption decree.
22.24    Subd. 4. Application and eligibility determination. (a) A county or tribal social
22.25services agency may request reimbursement of costs for adoption placement services by
22.26submitting a complete purchase of service application, according to the requirements and
22.27procedures and on forms prescribed by the commissioner.
22.28(b) The commissioner shall determine eligibility for reimbursement of adoption
22.29placement services. If determined eligible, the commissioner of human services shall
22.30sign the purchase of service agreement, making this a fully executed contract. No
22.31reimbursement under this section shall be made to an agency for services provided prior to
22.32the fully executed contract.
22.33(c) Separate purchase of service agreements shall be made, and separate records
22.34maintained, on each child. Only one agreement per child per adoptive placement is
22.35permitted. For siblings who are placed together, services shall be planned and provided to
22.36best maximize efficiency of the contracted hours.
23.1    Subd. 5. Reimbursement process. (a) The agency providing adoption services is
23.2responsible to track and record all service activity, including billable hours, on a form
23.3prescribed by the commissioner. The agency shall submit this form to the state for
23.4reimbursement after services have been completed.
23.5(b) The commissioner shall make the final determination whether or not the
23.6requested reimbursement costs are reasonable and appropriate and if the services have
23.7been completed according to the terms of the purchase of service agreement.
23.8    Subd. 6. Retention of purchase of service records. Agencies entering into
23.9purchase of service contracts shall keep a copy of the agreements, service records, and all
23.10applicable billing and invoicing according to the department's record retention schedule.
23.11Agency records shall be provided upon request by the commissioner.

23.12    Sec. 16. EFFECTIVE DATE.
23.13This article is effective August 1, 2012.


23.16    Section 1. Minnesota Statutes 2010, section 260.012, is amended to read:
23.17260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
23.18REUNIFICATION; REASONABLE EFFORTS.
23.19    (a) Once a child alleged to be in need of protection or services is under the court's
23.20jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
23.21services, by the social services agency are made to prevent placement or to eliminate the
23.22need for removal and to reunite the child with the child's family at the earliest possible
23.23time, and the court must ensure that the responsible social services agency makes
23.24reasonable efforts to finalize an alternative permanent plan for the child as provided in
23.25paragraph (e). In determining reasonable efforts to be made with respect to a child and in
23.26making those reasonable efforts, the child's best interests, health, and safety must be of
23.27paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
23.28reunification are always required except upon a determination by the court that a petition
23.29has been filed stating a prima facie case that:
23.30    (1) the parent has subjected a child to egregious harm as defined in section
23.31260C.007, subdivision 14 ;
23.32    (2) the parental rights of the parent to another child have been terminated
23.33involuntarily;
24.1    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
24.2paragraph (a), clause (2);
24.3    (4) the parent's custodial rights to another child have been involuntarily transferred
24.4to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar
24.5law of another jurisdiction; or
24.6(5) the parent has committed sexual abuse as defined in section 626.556, subdivision
24.72, against the child or another child of the parent;
24.8(6) the parent has committed an offense that requires registration as a predatory
24.9offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
24.10    (5) (7) the provision of services or further services for the purpose of reunification is
24.11futile and therefore unreasonable under the circumstances.
24.12    (b) When the court makes one of the prima facie determinations under paragraph (a),
24.13either permanency pleadings under section 260C.201, subdivision 11, or a termination
24.14of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
24.15permanency hearing under section 260C.201, subdivision 11, must be held within 30
24.16days of this determination.
24.17    (c) In the case of an Indian child, in proceedings under sections 260B.178 or
24.18260C.178 , 260C.201, and 260C.301 the juvenile court must make findings and conclusions
24.19consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
24.201901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
24.21Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
24.22services agency must provide active efforts as required under United States Code, title
24.2325, section 1911(d).
24.24    (d) "Reasonable efforts to prevent placement" means:
24.25    (1) the agency has made reasonable efforts to prevent the placement of the child in
24.26foster care by working with the family to develop and implement a safety plan; or
24.27    (2) given the particular circumstances of the child and family at the time of the
24.28child's removal, there are no services or efforts available which could allow the child to
24.29safely remain in the home.
24.30    (e) "Reasonable efforts to finalize a permanent plan for the child" means due
24.31diligence by the responsible social services agency to:
24.32    (1) reunify the child with the parent or guardian from whom the child was removed;
24.33    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
24.34where appropriate, provide services necessary to enable the noncustodial parent to safely
24.35provide the care, as required by section 260C.212, subdivision 4;
25.1    (3) conduct a relative search to identify and provide notice to adult relatives as
25.2required under section 260C.212, subdivision 5;
25.3(4) place siblings removed from their home in the same home for foster care or
25.4adoption, or transfer permanent legal and physical custody to a relative. Visitation
25.5between siblings who are not in the same foster care, adoption, or custodial placement or
25.6facility shall be consistent with section 260C.212, subdivision 2; and
25.7    (5) when the child cannot return to the parent or guardian from whom the child was
25.8removed, to plan for and finalize a safe and legally permanent alternative home for the
25.9child, and considers permanent alternative homes for the child inside or outside of the
25.10state, preferably through adoption or transfer of permanent legal and physical custody of
25.11the child.
25.12    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible
25.13social services agency to use culturally appropriate and available services to meet the
25.14needs of the child and the child's family. Services may include those provided by the
25.15responsible social services agency and other culturally appropriate services available in
25.16the community. At each stage of the proceedings where the court is required to review
25.17the appropriateness of the responsible social services agency's reasonable efforts as
25.18described in paragraphs (a), (d), and (e), the social services agency has the burden of
25.19demonstrating that:
25.20    (1) it has made reasonable efforts to prevent placement of the child in foster care;
25.21    (2) it has made reasonable efforts to eliminate the need for removal of the child from
25.22the child's home and to reunify the child with the child's family at the earliest possible time;
25.23    (3) it has made reasonable efforts to finalize an alternative permanent home for
25.24the child, and considers permanent alternative homes for the child inside or outside of
25.25the state; or
25.26    (4) reasonable efforts to prevent placement and to reunify the child with the parent
25.27or guardian are not required. The agency may meet this burden by stating facts in a sworn
25.28petition filed under section 260C.141, by filing an affidavit summarizing the agency's
25.29reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
25.30efforts to reunify the parent and child, or through testimony or a certified report required
25.31under juvenile court rules.
25.32    (g) Once the court determines that reasonable efforts for reunification are not
25.33required because the court has made one of the prima facie determinations under paragraph
25.34(a), the court may only require reasonable efforts for reunification after a hearing according
25.35to section 260C.163, where the court finds there is not clear and convincing evidence of
25.36the facts upon which the court based its prima facie determination. In this case when there
26.1is clear and convincing evidence that the child is in need of protection or services, the
26.2court may find the child in need of protection or services and order any of the dispositions
26.3available under section 260C.201, subdivision 1. Reunification of a surviving child with a
26.4parent is not required if the parent has been convicted of:
26.5    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections
26.6609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
26.7parent;
26.8    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
26.9surviving child; or
26.10    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States
26.11Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.;
26.12(4) committing sexual abuse as defined in section 626.556, subdivision 2, against
26.13the child or another child of the parent; or
26.14(5) an offense that requires registration as a predatory offender under section
26.15243.166, subdivision 1b, paragraph (a) or (b).
26.16    (h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
26.17260C.201 , and 260C.301 shall make findings and conclusions as to the provision of
26.18reasonable efforts. When determining whether reasonable efforts have been made, the
26.19court shall consider whether services to the child and family were:
26.20    (1) relevant to the safety and protection of the child;
26.21    (2) adequate to meet the needs of the child and family;
26.22    (3) culturally appropriate;
26.23    (4) available and accessible;
26.24    (5) consistent and timely; and
26.25    (6) realistic under the circumstances.
26.26    In the alternative, the court may determine that provision of services or further
26.27services for the purpose of rehabilitation is futile and therefore unreasonable under the
26.28circumstances or that reasonable efforts are not required as provided in paragraph (a).
26.29    (i) This section does not prevent out-of-home placement for treatment of a child with
26.30a mental disability when it is determined to be medically necessary as a result of the child's
26.31diagnostic assessment or individual treatment plan indicates that appropriate and necessary
26.32treatment cannot be effectively provided outside of a residential or inpatient treatment
26.33program and the level or intensity of supervision and treatment cannot be effectively and
26.34safely provided in the child's home or community and it is determined that a residential
26.35treatment setting is the least restrictive setting that is appropriate to the needs of the child.
27.1    (j) If continuation of reasonable efforts to prevent placement or reunify the child
27.2with the parent or guardian from whom the child was removed is determined by the court
27.3to be inconsistent with the permanent plan for the child or upon the court making one of
27.4the prima facie determinations under paragraph (a), reasonable efforts must be made to
27.5place the child in a timely manner in a safe and permanent home and to complete whatever
27.6steps are necessary to legally finalize the permanent placement of the child.
27.7    (k) Reasonable efforts to place a child for adoption or in another permanent
27.8placement may be made concurrently with reasonable efforts to prevent placement or to
27.9reunify the child with the parent or guardian from whom the child was removed. When
27.10the responsible social services agency decides to concurrently make reasonable efforts for
27.11both reunification and permanent placement away from the parent under paragraph (a), the
27.12agency shall disclose its decision and both plans for concurrent reasonable efforts to all
27.13parties and the court. When the agency discloses its decision to proceed on both plans for
27.14reunification and permanent placement away from the parent, the court's review of the
27.15agency's reasonable efforts shall include the agency's efforts under both plans.

27.16    Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read:
27.17260C.001 TITLE, INTENT, AND CONSTRUCTION.
27.18    Subdivision 1. Citation; scope. (a) Sections 260C.001 to 260C.451 260C.521 may
27.19be cited as the child juvenile protection provisions of the Juvenile Court Act.
27.20(b) Juvenile protection proceedings include:
27.21(1) a child in need of protection or services matters;
27.22(2) permanency matters, including termination of parental rights;
27.23(3) postpermanency reviews under sections 260C.521 and 260C.317; and
27.24(4) adoption matters including posttermination of parental rights proceedings that
27.25review the responsible social services agency's reasonable efforts to finalize adoption.
27.26    Subd. 2. Child in need of Juvenile protection services proceedings. (a) The
27.27paramount consideration in all juvenile protection proceedings concerning a child alleged
27.28or found to be in need of protection or services is the health, safety, and best interests
27.29of the child. In proceedings involving an American Indian child, as defined in section
27.30260.755, subdivision 8 , the best interests of the child must be determined consistent with
27.31sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title
27.3225, sections 1901 to 1923.
27.33    (b) The purpose of the laws relating to juvenile courts protection proceedings is:
28.1    (1) to secure for each child alleged or adjudicated in need of protection or services
28.2and under the jurisdiction of the court, the care and guidance, preferably in the child's own
28.3home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
28.4    (2) to provide judicial procedures which that protect the welfare of the child;
28.5    (3) to preserve and strengthen the child's family ties whenever possible and in the
28.6child's best interests, removing the child from the custody of parents only when the child's
28.7welfare or safety cannot be adequately safeguarded without removal;
28.8    (4) to ensure that when removal from the child's own family is necessary and in the
28.9child's best interests, the responsible social services agency has legal responsibility for
28.10the child removal either:
28.11    (i) pursuant to a voluntary placement agreement between the child's parent or
28.12guardian or the child, when the child is over age 18, and the responsible social services
28.13agency; or
28.14    (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
28.15260C.178; 260C.201; 260C.325; or 260C.515;
28.16    (5) to ensure that, when placement is pursuant to court order, the court order
28.17removing the child or continuing the child in foster care contains an individualized
28.18determination that placement is in the best interests of the child that coincides with the
28.19actual removal of the child; and
28.20    (6) to ensure that when the child is removed, the child's care and discipline is, as
28.21nearly as possible, equivalent to that which should have been given by the parents and is
28.22either in:
28.23    (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
28.24subdivision 1, paragraph (a), clause (1);
28.25    (ii) the home of a relative pursuant to emergency placement by the responsible social
28.26services agency under chapter 245A; or
28.27    (iii) a foster home care licensed under chapter 245A.; and
28.28(7) to ensure appropriate permanency planning for children in foster care including:
28.29(i) unless reunification is not required under section 260.012, developing a
28.30permanency plan for the child that includes a primary plan for reunification with the
28.31child's parent or guardian and a secondary plan for an alternative, legally permanent home
28.32for the child in the event reunification cannot be achieved in a timely manner;
28.33(ii) identifying, locating, and assessing both parents of the child as soon as possible
28.34and offering reunification services to both parents of the child as required under section
28.35260.012 and 260C.219;
29.1(iii) identifying, locating, and notifying relatives of both parents of the child
29.2according to section 260.221;
29.3(iv) making a placement with a family that will commit to being the legally
29.4permanent home for the child in the event reunification cannot occur at the earliest
29.5possible time while at the same time actively supporting the reunification plan; and
29.6(v) returning the child home with supports and services, as soon as return is safe
29.7for the child, or when safe return cannot be timely achieved, moving to finalize another
29.8legally permanent home for the child.
29.9    Subd. 3. Permanency and, termination of parental rights, and adoption. The
29.10purpose of the laws relating to permanency and, termination of parental rights, and children
29.11who come under the guardianship of the commissioner of human services is to ensure that:
29.12(1) when required and appropriate, reasonable efforts have been made by the social
29.13services agency to reunite the child with the child's parents in a home that is safe and
29.14permanent; and
29.15(2) if placement with the parents is not reasonably foreseeable, to secure for the
29.16child a safe and permanent placement according to the requirements of section 260C.212,
29.17subdivision 2, preferably with adoptive parents or, if that is not possible or in the best
29.18interests of the child, a fit and willing relative through transfer of permanent legal and
29.19physical custody to that relative; and
29.20(3) when a child is under the guardianship of the commissioner of human services,
29.21reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
29.22Nothing in this section requires reasonable efforts to prevent placement or to reunify
29.23the child with the parent or guardian to be made in circumstances where the court has
29.24determined that the child has been subjected to egregious harm, when the child is an
29.25abandoned infant, the parent has involuntarily lost custody of another child through a
29.26proceeding under section 260C.201, subdivision 11 260C.515, subdivision 4, or similar
29.27law of another state, the parental rights of the parent to a sibling have been involuntarily
29.28terminated, or the court has determined that reasonable efforts or further reasonable efforts
29.29to reunify the child with the parent or guardian would be futile.
29.30The paramount consideration in all proceedings for permanent placement of the
29.31child under section 260C.201, subdivision 11 sections 260C.503 to 260C.521, or the
29.32termination of parental rights is the best interests of the child. In proceedings involving an
29.33American Indian child, as defined in section 260.755, subdivision 8, the best interests of
29.34the child must be determined consistent with the Indian Child Welfare Act of 1978, United
29.35States Code, title 25, section 1901, et seq.
30.1    Subd. 4. Construction. The laws relating to the child protection provisions of
30.2the juvenile courts protection proceedings shall be liberally construed to carry out these
30.3purposes.

30.4    Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 4, is amended to read:
30.5    Subd. 4. Child. "Child" means an individual under 18 years of age. For purposes of
30.6this chapter and chapter 260D, child also includes individuals under age 21 who are in
30.7foster care pursuant to section 260C.451.

30.8    Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a
30.9subdivision to read:
30.10    Subd. 26a. Putative father. "Putative father" has the meaning given in section
30.11259.21, subdivision 12.

30.12    Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
30.13subdivision to read:
30.14    Subd. 27a. Responsible social services agency. "Responsible social services
30.15agency" means the county social services agency that has responsibility for public child
30.16welfare and child protection services and includes the provision of adoption services as an
30.17agent of the commissioner of human services.

30.18    Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a
30.19subdivision to read:
30.20    Subd. 31. Sibling. "Sibling" means one of two or more individuals who have one
30.21or both parents in common through blood, marriage, or adoption, including siblings as
30.22defined by the child's tribal code or custom.

30.23    Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:
30.24    Subd. 2. Other matters relating to children. Except as provided in clause (4), The
30.25juvenile court has original and exclusive jurisdiction in proceedings concerning:
30.26    (1) the termination of parental rights to a child in accordance with the provisions of
30.27sections 260C.301 to 260C.328;
30.28    (2) permanency matters under sections 260C.503 to 260C.521;
30.29(3) the appointment and removal of a juvenile court guardian for a child, where
30.30parental rights have been terminated under the provisions of sections 260C.301 to
30.31260C.328 ;
31.1    (3) (4) judicial consent to the marriage of a child when required by law;
31.2    (4) the juvenile court in those counties in which the judge of the probate-juvenile
31.3court has been admitted to the practice of law in this state shall proceed under the laws
31.4relating to adoptions in all adoption matters. In those counties in which the judge of the
31.5probate-juvenile court has not been admitted to the practice of law in this state the district
31.6court shall proceed under the laws relating to adoptions in
31.7(5) all adoption matters and review of the efforts to finalize the adoption of the child
31.8under section 260C.317;
31.9    (5) (6) the review of the placement of a child who is in foster care pursuant to a
31.10voluntary placement agreement between the child's parent or parents and the responsible
31.11social services agency under section 260C.212, subdivision 8 260C.227; or between the
31.12child, when the child is over age 18, and the agency under section 260C.229; and
31.13    (6) (7) the review of voluntary foster care placement of a child for treatment under
31.14chapter 260D according to the review requirements of that chapter.

31.15    Sec. 8. Minnesota Statutes 2010, section 260C.150, subdivision 1, is amended to read:
31.16    Subdivision 1. Determining parentage. (a) A parent and child relationship may be
31.17established under this chapter according to the requirements of section 257.54 and. The
31.18requirements of the Minnesota Parentage Act, sections 257.51 to 257.74, must be followed
31.19unless otherwise specified in this section.
31.20    (b) An action to establish a parent and child relationship under this chapter must
31.21be commenced by motion, which shall be personally served upon the alleged parent and
31.22served upon all required parties under the Minnesota Parentage Act as provided for service
31.23of motions in the Minnesota Rules of Juvenile Protection Procedure. The motion shall be
31.24brought in an existing juvenile protection proceeding and may be brought by any party, a
31.25putative father, or the county attorney representing the responsible social services agency.
31.26    (c) Notwithstanding any other provisions of law, a motion to establish parentage
31.27under this section, and any related documents or orders, are not confidential and are
31.28accessible to the public according to the provisions of the Minnesota Rules of Juvenile
31.29Protection Procedure. Any hearings related to establishment of paternity under this section
31.30are accessible to the public according to the Minnesota Rules of Juvenile Protection
31.31Procedure.
31.32    (d) The court may order genetic testing of any putative father or any man presumed
31.33to be father of a child who is the subject of a juvenile protection matter unless paternity
31.34of the child has already been adjudicated under the Minnesota Parentage Act or if a
31.35recognition of parentage has been fully executed and filed under section 257.75 when the
32.1recognition of parentage has the force and effect of a judgment or order determining the
32.2existence of the parent and child relationship under section 257.66. If genetic testing is
32.3ordered, a positive genetic test under section 257.62, subdivision 5, is required to establish
32.4paternity for a child under this chapter.
32.5    (e) A copy of the order establishing the parent and child relationship shall be filed
32.6in family court. Any further proceedings for modification of the child support portion of
32.7the order that establishes the parent and child relationship shall be brought in the family
32.8court of the county where the original order was filed. The review shall be under chapters
32.9518 and 518A. Notice of any family court proceedings shall be provided by the court
32.10administrator to the responsible social services agency, which shall be a party to the
32.11family court proceeding.

32.12    Sec. 9. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:
32.13    Subdivision 1. Investigation. Upon request of the court the responsible social
32.14services agency or probation officer shall investigate the personal and family history
32.15and environment of any minor coming within the jurisdiction of the court under section
32.16260C.101 and shall report its findings to the court. The court may order any minor coming
32.17within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
32.18psychologist appointed by the court.
32.19Adoption investigations shall be conducted in accordance with the laws relating to
32.20adoptions in chapter 259. Any funds received under the provisions of this subdivision
32.21shall not cancel until the end of the fiscal year immediately following the fiscal year in
32.22which the funds were received. The funds are available for use by the commissioner of
32.23corrections during that period and are hereby appropriated annually to the commissioner of
32.24corrections as reimbursement of the costs of providing these services to the juvenile courts.

32.25    Sec. 10. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:
32.26    Subdivision 1. General. (a) Except for hearings arising under section 260C.425,
32.27hearings on any matter shall be without a jury and may be conducted in an informal
32.28manner. In all adjudicatory proceedings involving a child alleged to be in need of
32.29protection or services regarding juvenile protection matters under this chapter, the court
32.30shall admit only evidence that would be admissible in a civil trial. To be proved at trial,
32.31allegations of a petition alleging a child to be in need of protection or services must be
32.32proved by clear and convincing evidence.
32.33    (b) Except for proceedings involving a child alleged to be in need of protection or
32.34services and petitions for the termination of parental rights, hearings may be continued or
33.1adjourned from time to time. In proceedings involving a child alleged to be in need of
33.2protection or services and petitions for the termination of parental rights, hearings may not
33.3be continued or adjourned for more than one week unless the court makes specific findings
33.4that the continuance or adjournment is in the best interests of the child. If a hearing is held
33.5on a petition involving physical or sexual abuse of a child who is alleged to be in need of
33.6protection or services or neglected and in foster care, the court shall file the decision with
33.7the court administrator as soon as possible but no later than 15 days after the matter is
33.8submitted to the court. When a continuance or adjournment is ordered in any proceeding,
33.9the court may make any interim orders as it deems in the best interests of the minor in
33.10accordance with the provisions of sections 260C.001 to 260C.421 this chapter.
33.11    (c) Absent exceptional circumstances, hearings under this chapter, except hearings
33.12in adoption proceedings, are presumed to be accessible to the public, however the court
33.13may close any hearing and the records related to any matter as provided in the Minnesota
33.14Rules of Juvenile Protection Procedure.
33.15    (d) Adoption hearings shall be conducted in accordance with the provisions of laws
33.16relating to adoptions are closed to the public and all records related to an adoption are
33.17inaccessible except as provided in the Minnesota Rules of Adoption Procedure.
33.18    (e) In any permanency hearing, including the transition of a child from foster care
33.19to independent living, the court shall ensure that its consult with the child during the
33.20hearing is in an age-appropriate manner.

33.21    Sec. 11. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:
33.22    Subd. 4. County attorney. Except in adoption proceedings, the county attorney
33.23shall present the evidence upon request of the court. In representing the responsible social
33.24services agency, the county attorney shall also have the responsibility for advancing the
33.25public interest in the welfare of the child.

33.26    Sec. 12. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:
33.27    Subdivision 1. Hearing and release requirements. (a) If a child was taken into
33.28custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall
33.29hold a hearing within 72 hours of the time the child was taken into custody, excluding
33.30Saturdays, Sundays, and holidays, to determine whether the child should continue in
33.31custody.
33.32    (b) Unless there is reason to believe that the child would endanger self or others or
33.33not return for a court hearing, or that the child's health or welfare would be immediately
33.34endangered, the child shall be released to the custody of a parent, guardian, custodian,
34.1or other suitable person, subject to reasonable conditions of release including, but not
34.2limited to, a requirement that the child undergo a chemical use assessment as provided in
34.3section 260C.157, subdivision 1.
34.4    (c) If the court determines there is reason to believe that the child would endanger
34.5self or others or not return for a court hearing, or that the child's health or welfare would
34.6be immediately endangered if returned to the care of the parent or guardian who has
34.7custody and from whom the child was removed, the court shall order the child into
34.8foster care under the legal responsibility of the responsible social services agency or
34.9responsible probation or corrections agency for the purposes of protective care as that term
34.10is used in the juvenile court rules or into the home of a noncustodial parent and order the
34.11noncustodial parent to comply with any conditions the court determines to be appropriate
34.12to the safety and care of the child, including cooperating with paternity establishment
34.13proceedings in the case of a man who has not been adjudicated the child's father. The
34.14court shall not give the responsible social services legal custody and order a trial home
34.15visit at any time prior to adjudication and disposition under section 260C.201, subdivision
34.161 , paragraph (a), clause (3), but may order the child returned to the care of the parent or
34.17guardian who has custody and from whom the child was removed and order the parent or
34.18guardian to comply with any conditions the court determines to be appropriate to meet
34.19the safety, health, and welfare of the child.
34.20    (d) In determining whether the child's health or welfare would be immediately
34.21endangered, the court shall consider whether the child would reside with a perpetrator
34.22of domestic child abuse.
34.23    (e) The court, before determining whether a child should be placed in or continue
34.24in foster care under the protective care of the responsible agency, shall also make a
34.25determination, consistent with section 260.012 as to whether reasonable efforts were made
34.26to prevent placement or whether reasonable efforts to prevent placement are not required.
34.27In the case of an Indian child, the court shall determine whether active efforts, according
34.28to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
34.29were made to prevent placement. The court shall enter a finding that the responsible
34.30social services agency has made reasonable efforts to prevent placement when the agency
34.31establishes either:
34.32    (1) that it has actually provided services or made efforts in an attempt to prevent
34.33the child's removal but that such services or efforts have not proven sufficient to permit
34.34the child to safely remain in the home; or
34.35    (2) that there are no services or other efforts that could be made at the time of the
34.36hearing that could safely permit the child to remain home or to return home. When
35.1reasonable efforts to prevent placement are required and there are services or other efforts
35.2that could be ordered which would permit the child to safely return home, the court shall
35.3order the child returned to the care of the parent or guardian and the services or efforts put
35.4in place to ensure the child's safety. When the court makes a prima facie determination
35.5that one of the circumstances under paragraph (g) exists, the court shall determine that
35.6reasonable efforts to prevent placement and to return the child to the care of the parent or
35.7guardian are not required.
35.8    If the court finds the social services agency's preventive or reunification efforts
35.9have not been reasonable but further preventive or reunification efforts could not permit
35.10the child to safely remain at home, the court may nevertheless authorize or continue
35.11the removal of the child.
35.12    (f) The court may not order or continue the foster care placement of the child unless
35.13the court makes explicit, individualized findings that continued custody of the child by
35.14the parent or guardian would be contrary to the welfare of the child and that placement is
35.15in the best interest of the child.
35.16    (g) At the emergency removal hearing, or at any time during the course of the
35.17proceeding, and upon notice and request of the county attorney, the court shall determine
35.18whether a petition has been filed stating a prima facie case that:
35.19    (1) the parent has subjected a child to egregious harm as defined in section
35.20260C.007, subdivision 14 ;
35.21    (2) the parental rights of the parent to another child have been involuntarily
35.22terminated;
35.23    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
35.24paragraph (a), clause (2);
35.25    (4) the parents' custodial rights to another child have been involuntarily transferred
35.26to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph
35.27(e), clause (1); section 260C.515, subdivision 4, or a similar law of another jurisdiction; or
35.28    (5) the parent has committed sexual abuse as defined in section 626.556, subdivision
35.292, against the child or another child of the parent;
35.30(6) the parent has committed an offense that requires registration as a predatory
35.31offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
35.32(7) the provision of services or further services for the purpose of reunification is
35.33futile and therefore unreasonable.
35.34    (h) When a petition to terminate parental rights is required under section 260C.301,
35.35subdivision 3 or 4, but the county attorney has determined not to proceed with a
35.36termination of parental rights petition, and has instead filed a petition to transfer permanent
36.1legal and physical custody to a relative under section 260C.201, subdivision 11 260C.507,
36.2subdivision 4, the court shall schedule a permanency hearing within 30 days of the filing
36.3of the petition.
36.4    (i) If the county attorney has filed a petition under section 260C.307, the court shall
36.5schedule a trial under section 260C.163 within 90 days of the filing of the petition except
36.6when the county attorney determines that the criminal case shall proceed to trial first under
36.7section 260C.201, subdivision 3 260C.503, subdivision 2, paragraph (c).
36.8    (j) If the court determines the child should be ordered into foster care and the child's
36.9parent refuses to give information to the responsible social services agency regarding the
36.10child's father or relatives of the child, the court may order the parent to disclose the names,
36.11addresses, telephone numbers, and other identifying information to the responsible social
36.12services agency for the purpose of complying with the requirements of sections 260C.151,
36.13260C.212 , and 260C.215.
36.14    (k) If a child ordered into foster care has siblings, whether full, half, or step, who
36.15are also ordered into foster care, the court shall inquire of the responsible social services
36.16agency of the efforts to place the children together as required by section 260C.212,
36.17subdivision 2 , paragraph (d), if placement together is in each child's best interests, unless
36.18a child is in placement for treatment or a child is placed with a previously noncustodial
36.19parent who is not a parent to all siblings. If the children are not placed together at the time
36.20of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable
36.21efforts to place the siblings together, as required under section 260.012. If any sibling is
36.22not placed with another sibling or siblings, the agency must develop a plan to facilitate
36.23visitation or ongoing contact among the siblings as required under section 260C.212,
36.24subdivision 1 , unless it is contrary to the safety or well-being of any of the siblings to do so.
36.25(l) When the court has ordered the child into foster care or into the home of a
36.26noncustodial parent, the court may order a chemical dependency evaluation, mental health
36.27evaluation, medical examination, and parenting assessment for the parent as necessary
36.28to support the development of a plan for reunification required under subdivision 7 and
36.29section 260C.212, subdivision 1, or the child protective services plan under section
36.30626.556, subdivision 10, and Minnesota Rules, part 9560.0228.

36.31    Sec. 13. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:
36.32    Subd. 7. Out-of-home placement plan. (a) An out-of-home placement plan
36.33required under section 260C.212 shall be filed with the court within 30 days of the filing
36.34of a juvenile protection petition alleging the child to be in need of protection or services
36.35under section 260C.141, subdivision 1, when the court orders emergency removal of the
37.1child under this section, or filed with the petition if the petition is a review of a voluntary
37.2placement under section 260C.141, subdivision 2.
37.3(b) Upon the filing of the out-of-home placement plan which has been developed
37.4jointly with the parent and in consultation with others as required under section 260C.212,
37.5subdivision 1 , the court may approve implementation of the plan by the responsible social
37.6services agency based on the allegations contained in the petition and any evaluations,
37.7examinations, or assessments conducted under subdivision 1, paragraph (l). The court
37.8shall send written notice of the approval of the out-of-home placement plan to all parties
37.9and the county attorney or may state such approval on the record at a hearing. A parent
37.10may agree to comply with the terms of the plan filed with the court.
37.11(c) The responsible social services agency shall make reasonable attempts efforts
37.12to engage a parent both parents of the child in case planning. If the parent refuses to
37.13cooperate in the development of the out-of-home placement plan or disagrees with the
37.14services recommended by The responsible social service agency, the agency shall note
37.15such refusal or disagreement for the court report the results of its efforts to engage the
37.16child's parents in the out-of-home placement plan filed with the court. The agency shall
37.17notify the court of the services it will provide or efforts it will attempt under the plan
37.18notwithstanding the parent's refusal to cooperate or disagreement with the services. The
37.19parent may ask the court to modify the plan to require different or additional services
37.20requested by the parent, but which the agency refused to provide. The court may approve
37.21the plan as presented by the agency or may modify the plan to require services requested
37.22by the parent. The court's approval shall be based on the content of the petition.
37.23(d) Unless the parent agrees to comply with the terms of the out-of-home placement
37.24plan, the court may not order a parent to comply with the provisions of the plan until the
37.25court finds the child is in need of protection or services and orders disposition under
37.26section 260C.201, subdivision 1. However, the court may find that the responsible social
37.27services agency has made reasonable efforts for reunification if the agency makes efforts
37.28to implement the terms of an out-of-home placement plan approved under this section.

37.29    Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
37.30    Subd. 3. Best interest of the child in foster care or residential care. (a) The
37.31policy of the state is to ensure that the best interests of children in foster or residential
37.32care, who experience transfer of permanent legal and physical custody to a relative under
37.33section 260C.515, subdivision 4, or adoption under chapter 259 are met by requiring
37.34individualized determinations under section 260C.212, subdivision 2, paragraph (b), of
38.1the needs of the child and of how the selected placement home will serve the needs of the
38.2child in foster care placements.
38.3(b) No later than three months after a child is ordered removed from the care of a
38.4parent in the hearing required under section 260C.202, the court shall review and enter
38.5findings regarding whether the responsible social services agency made:
38.6(1) diligent efforts to identify and search for relatives as required under section
38.7260C.212, subdivision 5 , 260C.221; and made
38.8(2) an individualized determination as required under section 260C.212, subdivision
38.92, to select a home that meets the needs of the child .
38.10(c) If the court finds the agency has not made efforts as required under section
38.11260C.212, subdivision 5 260C.221, and there is a relative who qualifies to be licensed
38.12to provide family foster care under chapter 245A, the court may order the child placed
38.13with the relative consistent with the child's best interests.
38.14    (d) If the agency's efforts under section 260C.221 are found to be sufficient, the
38.15court shall order the agency to continue to appropriately engage relatives who responded
38.16to the notice under section 260C.221 in placement and case planning decisions and to
38.17appropriately engage relatives who subsequently come to the agency's attention.
38.18(c) (e) If the child's birth parent or parents explicitly request that a relative or
38.19important friend not be considered, the court shall honor that request if it is consistent with
38.20the best interests of the child. If the child's birth parent or parents express a preference
38.21for placing the child in a foster or adoptive home of the same or a similar religious
38.22background to that of the birth parent or parents, the court shall order placement of the
38.23child with an individual who meets the birth parent's religious preference.
38.24(d) (f) Placement of a child cannot be delayed or denied based on race, color, or
38.25national origin of the foster parent or the child.
38.26(e) (g) Whenever possible, siblings should be placed together unless it is determined
38.27not to be in the best interests of a sibling siblings. If siblings are were not placed together
38.28according to section 260C.212, subdivision 2, paragraph (d), the responsible social
38.29services agency shall report to the court the efforts made to place the siblings together
38.30and why the efforts were not successful. If the court is not satisfied with that the agency's
38.31agency has made reasonable efforts to place siblings together, the court may must order
38.32the agency to make further reasonable efforts. If siblings are not placed together the court
38.33shall review order the responsible social services agency's agency to implement the plan
38.34for visitation among siblings required as part of the out-of-home placement plan under
38.35section 260C.212.
39.1(f) (h) This subdivision does not affect the Indian Child Welfare Act, United States
39.2Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
39.3Act, sections 260.751 to 260.835.

39.4    Sec. 15. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:
39.5    Subd. 6. Jurisdiction to review foster care to age 21, termination of jurisdiction,
39.6jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section
39.7260C.451 may shall continue to age 21 for the purpose of conducting the reviews required
39.8under section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or
39.9260C.317 , subdivision 3, 260C.203, or 260C.515, subdivision 5 or 6. Jurisdiction over a
39.10child in foster care pursuant to section 260C.451 shall not be terminated without giving
39.11the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity
39.12to be heard on the appropriateness of the dismissal. When a child in foster care pursuant to
39.13section 260C.451 asks to leave foster care or actually leaves foster care, the court may
39.14terminate its jurisdiction.
39.15(b) Except when a court order is necessary for a child to be in foster care or when
39.16continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201,
39.17subdivision 11 , paragraph (d), and (2) section 260C.317, subdivision 3, is required for a
39.18child in foster care under section 260C.451, The court may terminate jurisdiction on its
39.19own motion or the motion of any interested party upon a determination that jurisdiction is
39.20no longer necessary to protect the child's best interests except when:
39.21(1) a court order is necessary for a child to be in foster care; or
39.22(2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or
39.23260C.317, subdivision 3, is required for a child in foster care under section 260C.451.
39.24(c) Unless terminated by the court, and except as otherwise provided in this
39.25subdivision, the jurisdiction of the court shall continue until the child becomes 18 years
39.26of age. The court may continue jurisdiction over an individual and all other parties to
39.27the proceeding to the individual's 19th birthday when continuing jurisdiction is in the
39.28individual's best interest in order to:
39.29(1) protect the safety or health of the individual;
39.30(2) accomplish additional planning for independent living or for the transition out of
39.31foster care; or
39.32(3) support the individual's completion of high school or a high school equivalency
39.33program.

39.34    Sec. 16. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:
40.1    Subd. 2. Written findings. (a) Any order for a disposition authorized under this
40.2section shall contain written findings of fact to support the disposition and case plan
40.3ordered and shall also set forth in writing the following information:
40.4(1) why the best interests and safety of the child are served by the disposition and
40.5case plan ordered;
40.6(2) what alternative dispositions or services under the case plan were considered by
40.7the court and why such dispositions or services were not appropriate in the instant case;
40.8(3) when legal custody of the child is transferred, the appropriateness of the
40.9particular placement made or to be made by the placing agency using the factors in section
40.10260C.212, subdivision 2, paragraph (b) ;
40.11(4) whether reasonable efforts to finalize the permanent plan for the child consistent
40.12with section 260.012 were made including reasonable efforts:
40.13(i) to prevent or eliminate the necessity of the child's removal placement and to
40.14reunify the family after removal child with the parent or guardian from whom the child was
40.15removed at the earliest time consistent with the child's safety. The court's findings must
40.16include a brief description of what preventive and reunification efforts were made and
40.17why further efforts could not have prevented or eliminated the necessity of removal or that
40.18reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1;
40.19(ii) to identify and locate any noncustodial or nonresident parent of the child and to
40.20assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
40.21provide services necessary to enable the noncustodial or nonresident parent to safely
40.22provide day-to-day care of the child as required under section 260C.219, unless such
40.23services are not required under section 260.012 or 260C.178, subdivision 1;
40.24(iii) to make the diligent search for relatives and provide the notices required under
40.25section 260C.221; a finding made pursuant to a hearing under section 260C.202 that
40.26the agency has made diligent efforts to conduct a relative search and has appropriately
40.27engaged relatives who responded to the notice under section 260C.221 and other relatives,
40.28who came to the attention of the agency after notice under section 260C.221 was sent, in
40.29placement and case planning decisions fulfills the requirement of this item;
40.30(iv) to identify and make a foster care placement in the home of an unlicensed
40.31relative, according to the requirements of section 245A.035, a licensed relative, or other
40.32licensed foster care provider who will commit to being the permanent legal parent or
40.33custodian for the child in the event reunification cannot occur, but who will actively
40.34support the reunification plan for the child;
41.1(v) to place siblings together in the same home or to ensure visitation is occurring
41.2when siblings are separated in foster care placement and visitation is in the siblings' best
41.3interests under section 260C.212, subdivision 2, paragraph (d); and
41.4(5) if the child has been adjudicated as a child in need of protection or services
41.5because the child is in need of special services or care to treat or ameliorate a mental
41.6disability or emotional disturbance as defined in section 245.4871, subdivision 15, the
41.7written findings shall also set forth:
41.8(i) whether the child has mental health needs that must be addressed by the case plan;
41.9(ii) what consideration was given to the diagnostic and functional assessments
41.10performed by the child's mental health professional and to health and mental health care
41.11professionals' treatment recommendations;
41.12(iii) what consideration was given to the requests or preferences of the child's parent
41.13or guardian with regard to the child's interventions, services, or treatment; and
41.14(iv) what consideration was given to the cultural appropriateness of the child's
41.15treatment or services.
41.16(b) If the court finds that the social services agency's preventive or reunification
41.17efforts have not been reasonable but that further preventive or reunification efforts could
41.18not permit the child to safely remain at home, the court may nevertheless authorize or
41.19continue the removal of the child.
41.20(c) If the child has been identified by the responsible social services agency as the
41.21subject of concurrent permanency planning, the court shall review the reasonable efforts
41.22of the agency to recruit, identify, and make a placement in a home where the foster parent
41.23or relative that has committed to being the legally permanent home for the child in the
41.24event reunification efforts are not successful develop a permanency plan for the child that
41.25includes a primary plan which is for reunification with the child's parent or guardian and a
41.26secondary plan which is for an alternative, legally permanent home for the child in the
41.27event reunification cannot be achieved in a timely manner.

41.28    Sec. 17. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to
41.29read:
41.30    Subd. 10. Court review of foster care. (a) If the court orders a child placed
41.31in foster care, the court shall review the out-of-home placement plan and the child's
41.32placement at least every 90 days as required in juvenile court rules to determine whether
41.33continued out-of-home placement is necessary and appropriate or whether the child should
41.34be returned home. This review is not required if the court has returned the child home,
41.35ordered the child permanently placed away from the parent under subdivision 11, or
42.1terminated rights under section 260C.301. Court review for a child permanently placed
42.2away from a parent, including where the child is under guardianship and legal custody of
42.3the commissioner, shall be governed by subdivision 11 or section 260C.317, subdivision
42.43 , whichever is applicable 260C.607.
42.5    (b) No later than six three months after the child's placement in foster care, the court
42.6shall review agency efforts pursuant to section 260C.212 260C.221, subdivision 2, and
42.7order that the efforts continue if the agency has failed to perform the duties under that
42.8section. The court must order the agency to continue to appropriately engage relatives
42.9who responded to the notice under section 260C.221 in placement and case planning
42.10decisions and to engage other relatives who came to the agency's attention after notice
42.11under section 260C.221 was sent.
42.12    (c) The court shall review the out-of-home placement plan and may modify the plan
42.13as provided under subdivisions 6 and 7.
42.14    (d) When the court orders transfer of custody to a responsible social services
42.15agency resulting in foster care or protective supervision with a noncustodial parent under
42.16subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
42.17subdivision 11a and sections 260C.503 to 260C.521, as required under juvenile court rules.
42.18    (e) When a child remains in or returns to foster care pursuant to section 260C.451 and
42.19the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
42.20court shall at least annually conduct the review required under subdivision 11, paragraph
42.21(d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3 section 260C.203.

42.22    Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
42.23    Subd. 5. Relative search. (a) The responsible social services agency shall exercise
42.24due diligence to identify and notify adult relatives prior to placement or within 30 days
42.25after the child's removal from the parent. The county agency shall consider placement with
42.26a relative under subdivision 2 without delay and whenever the child must move from or be
42.27returned to foster care. The relative search required by this section shall be reasonable and
42.28comprehensive in scope and may last up to six months or until a fit and willing relative
42.29is identified. After a finding that the agency has made reasonable efforts to conduct the
42.30relative search under this paragraph, the agency has the continuing responsibility to
42.31appropriately involve relatives, who have responded to the notice required under this
42.32paragraph, in planning for the child and to continue to consider relatives according to
42.33the requirements of section 260C.212, subdivision 2. At any time during the course of
42.34juvenile protection proceedings, the court may order the agency to reopen its search for
42.35relatives when it is in the child's best interest to do so. The relative search required by this
43.1section shall include both maternal relatives of the child and paternal relatives of the child,
43.2if paternity is adjudicated. The search shall also include getting information from the child
43.3in an age appropriate manner about who the child considers to be family members and
43.4important friends with whom the child has resided or had significant contact. The relative
43.5search required under this section must fulfill the agency's duties under the Indian Child
43.6Welfare Act regarding active efforts to prevent the breakup of the Indian family under
43.7United States Code, title 25, section 1912(d) and to meet placement preferences under
43.8United States Code, title 25, section 1915. The relatives must be notified:
43.9(1) of the need for a foster home for the child, the option to become a placement
43.10resource for the child, and the possibility of the need for a permanent placement for the
43.11child;
43.12(2) of their responsibility to keep the responsible social services agency informed of
43.13their current address in order to receive notice in the event that a permanent placement is
43.14sought for the child. A relative who fails to provide a current address to the responsible
43.15social services agency forfeits the right to notice of the possibility of permanent placement.
43.16A decision by a relative not to be identified as a potential permanent placement resource
43.17or participate in planning for the child at the beginning of the case shall not affect whether
43.18the relative is considered for placement of the child with that relative later;
43.19(3) that the relative may participate in the care and planning for the child, including
43.20that the opportunity for such participation may be lost by failing to respond to the notice.
43.21"Participate in the care and planning" includes, but is not limited to, participation in case
43.22planning for the parent and child, identifying the strengths and needs of the parent and
43.23child, supervising visits, providing respite and vacation visits for the child, providing
43.24transportation to appointments, suggesting other relatives who might be able to help
43.25support the case plan, and to the extent possible, helping to maintain the child's familiar
43.26and regular activities and contact with friends and relatives; and
43.27(4) of the family foster care licensing requirements, including how to complete an
43.28application and how to request a variance from licensing standards that do not present a
43.29safety or health risk to the child in the home under section 245A.04 and supports that are
43.30available for relatives and children who reside in a family foster home.; and
43.31    (5) of the relatives' right to ask to be notified of any court proceedings regarding
43.32the child, to attend the hearings, and of a relative's right or opportunity to be heard by the
43.33court as required under section 260C.152, subdivision 5.
43.34(b) A responsible social services agency may disclose private or confidential data,
43.35as defined in section sections 13.02 and 626.556, to relatives of the child for the purpose
43.36of locating and assessing a suitable placement and may use any reasonable means of
44.1identifying and locating relatives including the Internet or other electronic means of
44.2conducting a search. The agency shall disclose only data that is necessary to facilitate
44.3possible placement with relatives and to ensure that the relative is informed of the needs
44.4of the child so the relative can participate in planning for the child and be supportive of
44.5services to the child and family. If the child's parent refuses to give the responsible social
44.6services agency information sufficient to identify the maternal and paternal relatives of the
44.7child, the agency shall ask the juvenile court to order the parent to provide the necessary
44.8information. If a parent makes an explicit request that relatives or a specific relative not be
44.9contacted or considered for placement, the agency shall bring the parent's request to the
44.10attention of the court to determine whether the parent's request is consistent with the best
44.11interests of the child and the agency shall not contact relatives or a specific relative unless
44.12authorized to do so by the juvenile court.
44.13(c) At a regularly scheduled hearing not later than three months after the child's
44.14placement in foster care and as required in section 260C.202, the agency shall report to
44.15the court:
44.16(1) its efforts to identify maternal and paternal relatives of the child, to engage the
44.17relatives in providing support for the child and family, and document that the relatives
44.18have been provided the notice required under paragraph (a); and
44.19(2) its decision regarding placing the child with a relative as required under section
44.20260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in
44.21order to support family connections for the child, when placement with a relative is not
44.22possible or appropriate.
44.23(d) Notwithstanding chapter 13, the agency shall disclose data about particular
44.24relatives identified, searched for, and contacted for the purposes of the court's review of
44.25the agency's due diligence.
44.26(e) When the court is satisfied that the agency has exercised due diligence to
44.27identify relatives and provide the notice required in paragraph (a), the court may find that
44.28reasonable efforts have been made to conduct a relative search to identify and provide
44.29notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the
44.30court is not satisfied that the agency has exercised due diligence to identify relatives and
44.31provide the notice required in paragraph (a), the court may order the agency to continue its
44.32search and notice efforts and to report back to the court.
44.33(f) When the placing agency determines that a permanent placement hearing is
44.34proceedings are necessary because there is a likelihood that the child will not return to a
44.35parent's care, the agency may must send the notice provided in paragraph (d) (g), may ask
44.36the court to modify the requirements duty of the agency under this paragraph to send the
45.1notice required in paragraph (g), or may ask the court to completely relieve the agency
45.2of the requirements of this paragraph (g). The relative notification requirements of this
45.3paragraph (g) do not apply when the child is placed with an appropriate relative or a
45.4foster home that has committed to being the adopting the child or taking permanent legal
45.5placement for and physical custody of the child and the agency approves of that foster
45.6home for permanent placement of the child. The actions ordered by the court under this
45.7section must be consistent with the best interests, safety, permanency, and welfare of
45.8the child.
45.9(d) (g) Unless required under the Indian Child Welfare Act or relieved of this duty
45.10by the court under paragraph (c) (e), when the agency determines that it is necessary to
45.11prepare for the permanent placement determination hearing proceedings, or in anticipation
45.12of filing a termination of parental rights petition, the agency shall send notice to the
45.13relatives, any adult with whom the child is currently residing, any adult with whom the
45.14child has resided for one year or longer in the past, and any adults who have maintained a
45.15relationship or exercised visitation with the child as identified in the agency case plan. The
45.16notice must state that a permanent home is sought for the child and that the individuals
45.17receiving the notice may indicate to the agency their interest in providing a permanent
45.18home. The notice must state that within 30 days of receipt of the notice an individual
45.19receiving the notice must indicate to the agency the individual's interest in providing
45.20a permanent home for the child or that the individual may lose the opportunity to be
45.21considered for a permanent placement.
45.22(e) The Department of Human Services shall develop a best practices guide and
45.23specialized staff training to assist the responsible social services agency in performing and
45.24complying with the relative search requirements under this subdivision.

45.25    Sec. 19. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
45.26    Subd. 7. Administrative or court review of placements. (a) Unless the court is
45.27conducting the reviews required under section 260C.202, there shall be an administrative
45.28review of the out-of-home placement plan of each child placed in foster care no later than
45.29180 days after the initial placement of the child in foster care and at least every six months
45.30thereafter if the child is not returned to the home of the parent or parents within that time.
45.31The out-of-home placement plan must be monitored and updated at each administrative
45.32review. The administrative review shall be conducted by the responsible social services
45.33agency using a panel of appropriate persons at least one of whom is not responsible for the
45.34case management of, or the delivery of services to, either the child or the parents who are
46.1the subject of the review. The administrative review shall be open to participation by the
46.2parent or guardian of the child and the child, as appropriate.
46.3    (b) As an alternative to the administrative review required in paragraph (a), the court
46.4may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
46.5Procedure, conduct a hearing to monitor and update the out-of-home placement plan
46.6pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
46.7(d). The party requesting review of the out-of-home placement plan shall give parties to
46.8the proceeding notice of the request to review and update the out-of-home placement
46.9plan. A court review conducted pursuant to section 260C.141, subdivision 2; 260C.193;
46.10260C.201 , subdivision 1 or 11; 260C.141, subdivision 2; 260C.317 260C.202; 260C.204;
46.11260C.317; or 260D.06 shall satisfy the requirement for the review so long as the other
46.12requirements of this section are met.
46.13    (c) As appropriate to the stage of the proceedings and relevant court orders, the
46.14responsible social services agency or the court shall review:
46.15    (1) the safety, permanency needs, and well-being of the child;
46.16    (2) the continuing necessity for and appropriateness of the placement;
46.17    (3) the extent of compliance with the out-of-home placement plan;
46.18    (4) the extent of progress which that has been made toward alleviating or mitigating
46.19the causes necessitating placement in foster care;
46.20    (5) the projected date by which the child may be returned to and safely maintained in
46.21the home or placed permanently away from the care of the parent or parents or guardian;
46.22and
46.23    (6) the appropriateness of the services provided to the child.
46.24    (d) When a child is age 16 or older, in addition to any administrative review
46.25conducted by the agency, at the in-court review required under section 260C.201,
46.26subdivision 11, or 260C.317, subdivision 3, clause (3), or 260C.515, subdivision 5 or 6,
46.27the court shall review the independent living plan required undersection 260C.201,
46.28subdivision 1, paragraph (c), clause (11), and the provision of services to the child related
46.29to the well-being of the child as the child prepares to leave foster care. The review shall
46.30include the actual plans related to each item in the plan necessary to the child's future
46.31safety and well-being when the child is no longer in foster care.
46.32    (1) (e) At the court review required under paragraph (d) for a child age 16 or older
46.33the following procedures apply:
46.34(1) six months before the child is expected to be discharged from foster care, the
46.35responsible social services agency shall establish that it has given give the written
46.36notice required under section 260C.456 or Minnesota Rules, part 9560.0660 260C.451,
47.1subdivision 1, regarding the right to continued access to services for certain children in
47.2foster care past age 18 and of the right to appeal a denial of social services under section
47.3256.045 . If The agency is unable to establish that shall file a copy of the notice, including
47.4the right to appeal a denial of social services, has been given, with the court. If the agency
47.5does not file the notice by the time the child is age 17-1/2, the court shall require the
47.6agency to give it.;
47.7    (2) consistent with the requirements of the independent living plan, the court shall
47.8review progress toward or accomplishment of the following goals:
47.9    (i) the child has obtained a high school diploma or its equivalent;
47.10    (ii) the child has completed a driver's education course or has demonstrated the
47.11ability to use public transportation in the child's community;
47.12    (iii) the child is employed or enrolled in postsecondary education;
47.13    (iv) the child has applied for and obtained postsecondary education financial aid for
47.14which the child is eligible;
47.15    (v) the child has health care coverage and health care providers to meet the child's
47.16physical and mental health needs;
47.17    (vi) the child has applied for and obtained disability income assistance for which
47.18the child is eligible;
47.19    (vii) the child has obtained affordable housing with necessary supports, which does
47.20not include a homeless shelter;
47.21    (viii) the child has saved sufficient funds to pay for the first month's rent and a
47.22damage deposit;
47.23    (ix) the child has an alternative affordable housing plan, which does not include a
47.24homeless shelter, if the original housing plan is unworkable;
47.25    (x) the child, if male, has registered for the Selective Service; and
47.26    (xi) the child has a permanent connection to a caring adult.; and
47.27    (3) the court shall ensure that the responsible agency in conjunction with the
47.28placement provider assists the child in obtaining the following documents prior to the
47.29child's leaving foster care: a Social Security card; the child's birth certificate; a state
47.30identification card or driver's license, green card, or school visa; the child's school,
47.31medical, and dental records; a contact list of the child's medical, dental, and mental health
47.32providers; and contact information for the child's siblings, if the siblings are in foster care.
47.33    (e) When a child is age 17 or older, during the 90-day period immediately prior to
47.34the date the child is expected to be discharged from foster care, the responsible social
47.35services agency is required to provide the child with assistance and support in developing
47.36a transition plan that is personalized at the direction of the child. (f) For a child who
48.1will be discharged from foster care at age 18 or older, the responsible social services
48.2agency is required to develop a personalized transition plan as directed by the youth. The
48.3transition plan must be developed during the 90-day period immediately prior to the
48.4expected date of discharge. The transition plan must be as detailed as the child may elect
48.5and include specific options on housing, health insurance, education, local opportunities
48.6for mentors and continuing support services, and work force supports and employment
48.7services. The plan must include information on the importance of designating another
48.8individual to make health care treatment decisions on behalf of the child if the child
48.9becomes unable to participate in these decisions and the child does not have, or does not
48.10want, a relative who would otherwise be authorized to make these decisions. The plan
48.11must provide the child with the option to execute a health care directive as provided
48.12under chapter 145C. The county shall also provide the individual with appropriate contact
48.13information if the individual needs more information or needs help dealing with a crisis
48.14situation through age 21.

48.15    Sec. 20. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:
48.16    Subd. 4. Consultation with representatives Duties of commissioner.
48.17The commissioner of human services, after seeking and considering advice from
48.18representatives reflecting diverse populations from the councils established under sections
48.193.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations
48.20shall:
48.21(1) review and, where necessary, revise the Department of Human Services Social
48.22Service Manual and Practice Guide provide practice guidance to responsible social
48.23services agencies and child-placing agencies that reflect federal and state laws and policy
48.24direction on placement of children;
48.25(2) develop criteria for determining whether a prospective adoptive or foster family
48.26has the ability to understand and validate the child's cultural background;
48.27(3) develop provide a standardized training curriculum for adoption and foster care
48.28workers, family-based providers, and administrators who work with children. Training
48.29must address the following objectives:
48.30(a) (i) developing and maintaining sensitivity to all cultures;
48.31(b) (ii) assessing values and their cultural implications; and
48.32(c) (iii) making individualized placement decisions that advance the best interests of
48.33a particular child under section 260C.212, subdivision 2; and
48.34(iv) issues related to cross-cultural placement;
49.1(4) develop provide a training curriculum for family and extended family members
49.2all prospective adoptive and foster families that prepares them to care for the needs of
49.3adoptive and foster children. The curriculum must address issues relating to cross-cultural
49.4placements as well as issues that arise after a foster or adoptive placement is made taking
49.5into consideration the needs of children outlined in section 260C.212, subdivision 2,
49.6paragraph (b); and
49.7(5) develop and provide to agencies an assessment tool to be used in combination
49.8with group interviews and other preplacement activities a home study format to evaluate
49.9assess the capacities and needs of prospective adoptive and foster families. The tool
49.10format must assess address problem-solving skills; identify parenting skills; and evaluate
49.11the degree to which the prospective family has the ability to understand and validate the
49.12child's cultural background, and other issues needed to provide sufficient information for
49.13agencies to make an individualized placement decision consistent with section 260C.212,
49.14subdivision 2. If a prospective adoptive parent has also been a foster parent, any update
49.15necessary to a home study for the purpose of adoption may be completed by the licensing
49.16authority responsible for the foster parent's license. If a prospective adoptive parent with an
49.17approved adoptive home study also applies for a foster care license, the license application
49.18may be made with the same agency which provided the adoptive home study; and
49.19(6) shall consult with representatives reflecting diverse populations from the councils
49.20established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and
49.21community organizations.

49.22    Sec. 21. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:
49.23    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing
49.24agency must:
49.25(1) develop and follow procedures for implementing the requirements of section
49.26260C.193, subdivision 3 260C.212, subdivision 2, and the Indian Child Welfare Act,
49.27United States Code, title 25, sections 1901 to 1923;
49.28(2) have a written plan for recruiting adoptive and foster families that reflect the
49.29ethnic and racial diversity of children who are in need of foster and adoptive homes.
49.30The plan must include:
49.31(i) strategies for using existing resources in diverse communities,;
49.32(ii) use of diverse outreach staff wherever possible,;
49.33(iii) use of diverse foster homes for placements after birth and before adoption,; and
49.34(iv) other techniques as appropriate;
49.35(3) have a written plan for training adoptive and foster families;
50.1(4) have a written plan for employing staff in adoption and foster care who have
50.2the capacity to assess the foster and adoptive parents' ability to understand and validate a
50.3child's cultural and meet the child's individual needs, and to advance the best interests of
50.4the child, as required in section 260C.212, subdivision 2. The plan must include staffing
50.5goals and objectives;
50.6(5) ensure that adoption and foster care workers attend training offered or approved
50.7by the Department of Human Services regarding cultural diversity and the needs of special
50.8needs children; and
50.9(6) develop and implement procedures for implementing the requirements of the
50.10Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
50.11(b) In determining the suitability of a proposed placement of an Indian child, the
50.12standards to be applied must be the prevailing social and cultural standards of the Indian
50.13child's community, and the agency shall defer to tribal judgment as to suitability of a
50.14particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

50.15    Sec. 22. [260C.229] VOLUNTARY FOSTER CARE FOR CHILDREN OVER
50.16AGE 18; REQUIRED COURT REVIEW.
50.17(a) When a child asks to continue or to reenter foster care after age 18 under section
50.18260C.451, the child and the responsible social services agency may enter into a voluntary
50.19agreement for the child to be in foster care under the terms of section 260C.451. The
50.20voluntary agreement must be in writing and on a form prescribed by the commissioner.
50.21(b) When the child is in foster care pursuant to a voluntary foster care agreement
50.22between the agency and child and the child is not already under court jurisdiction pursuant
50.23to section 260C.193, subdivision 6, the agency responsible for the child's placement
50.24in foster care shall:
50.25(1) file a motion to reopen the juvenile protection matter where the court previously
50.26had jurisdiction over the child within 30 days of the child and the agency executing the
50.27voluntary placement agreement under paragraph (a) and ask the court to review the child's
50.28placement in foster care and find that the placement is in the best interests of the child; and
50.29(2) file the out-of-home placement plan required under subdivision 1 with the
50.30motion to reopen jurisdiction.
50.31(c) The court shall conduct a hearing on the matter within 30 days of the agency's
50.32motion to reopen the matter and, if the court finds that placement is in the best interest of
50.33the child, shall conduct the review for the purpose and with the content required under
50.34section 260C.203, at least every 12 months as long as the child continues in foster care.

51.1    Sec. 23. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:
51.2    Subd. 8. Findings regarding reasonable efforts. In any proceeding under this
51.3section, the court shall make specific findings:
51.4(1) that reasonable efforts to prevent the placement and finalize the permanency
51.5plan to reunify the child and the parent were made including individualized and explicit
51.6findings regarding the nature and extent of efforts made by the social services agency to
51.7rehabilitate the parent and reunite the family; or
51.8(2) that reasonable efforts at for reunification are not required as provided under
51.9section 260.012.

51.10    Sec. 24. Minnesota Statutes 2010, section 260C.328, is amended to read:
51.11260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
51.12(a) Upon its own motion or upon petition of an interested party, the juvenile court
51.13having jurisdiction of the child may, after notice to the parties and a hearing, remove
51.14the guardian appointed by the juvenile court and appoint a new guardian in accordance
51.15with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a
51.16showing that the child is emancipated, the court may discharge the guardianship. Any
51.17child 14 years of age or older who is not adopted but who is placed in a satisfactory foster
51.18home, may, with the consent of the foster parents, join with the guardian appointed by the
51.19juvenile court in a petition to the court having jurisdiction of the child to discharge the
51.20existing guardian and appoint the foster parents as guardians of the child.
51.21(b) The authority of a guardian appointed by the juvenile court terminates when the
51.22individual under guardianship is no longer a minor or when guardianship is otherwise
51.23discharged becomes age 18. However, an individual who has been under the guardianship
51.24of the commissioner and who has not been adopted may continue in foster care or reenter
51.25foster care pursuant to section 260C.451 and the responsible social services agency has
51.26continuing legal responsibility for the placement of the individual.

51.27    Sec. 25. Minnesota Statutes 2010, section 260C.451, is amended to read:
51.28260C.451 FOSTER CARE BENEFITS TO AGE 21 PAST AGE 18.
51.29    Subdivision 1. Notification of benefits. Within the Six months prior to the child's
51.3018th birthday, the local responsible social services agency shall advise provide written
51.31notice on a form prescribed by the commissioner of human services to any child in foster
51.32care under this chapter who cannot reasonably be expected to return home or have another
51.33legally permanent family by the age of 18, the child's parents or legal guardian, if any, and
52.1the child's guardian ad litem, and the child's foster parents of the availability of benefits of
52.2the foster care program up to age 21, when the child is eligible under subdivisions 3 and 3a.
52.3    Subd. 2. Independent living plan. Upon the request of any child receiving in foster
52.4care benefits immediately prior to the child's 18th birthday and who is in foster care at
52.5the time of the request, the local responsible social services agency shall, in conjunction
52.6with the child and other appropriate parties, update the independent living plan required
52.7under section 260C.212, subdivision 1, paragraph (c), clause (11), related to the child's
52.8employment, vocational, educational, social, or maturational needs. The agency shall
52.9provide continued services and foster care for the child including those services that are
52.10necessary to implement the independent living plan.
52.11    Subd. 3. Eligibility to continue in foster care. A child already in foster care
52.12immediately prior to the child's 18th birthday may continue in foster care past age 18
52.13unless:
52.14(1) the child can safely return home;
52.15(2) the child is in placement pursuant to the agency's duties under section 256B.092
52.16and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to
52.17developmental disability or related condition, and the child will be served as an adult
52.18under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
52.19(3) the child can be adopted or have permanent legal and physical custody
52.20transferred to a relative prior to the child's 18th birthday.
52.21    Subd. 3a. Eligibility criteria. The child must meet at least one of the following
52.22conditions to be considered eligible to continue in or return to foster care and remain there
52.23to age 21. The child must be:
52.24    (1) completing secondary education or a program leading to an equivalent credential;
52.25    (2) enrolled in an institution which that provides postsecondary or vocational
52.26education;
52.27    (3) participating in a program or activity designed to promote or remove barriers to
52.28employment;
52.29    (4) employed for at least 80 hours per month; or
52.30    (5) incapable of doing any of the activities described in clauses (1) to (4) due to a
52.31medical condition.
52.32    Subd. 4. Foster care benefits. For children between the ages of 18 and 21, "foster
52.33care benefits" means payment for those foster care settings defined in section 260C.007,
52.34subdivision 18. Additionally, foster care benefits means payment for a supervised
52.35setting, approved by the responsible social services agency, in which a child may live
52.36independently.
53.1    Subd. 5. Permanent decision Foster care setting. The particular foster care
53.2setting, including supervised settings, shall be selected by the agency and the child
53.3based on the best interest of the child consistent with section 260C.212, subdivision 2.
53.4Supervision in approved settings must be determined by an individual determination of
53.5the child's needs by the responsible social services agency and consistent with section
53.6260C.212, subdivision 4a .
53.7    Subd. 6. Individual plan to age 21 Reentering foster care and accessing services
53.8after age 18. (a) Upon request of an individual between the ages of 18 and 21 who,
53.9within six months of the individual's 18th birthday, had been under the guardianship of the
53.10commissioner and who has left foster care without being adopted, the responsible social
53.11services agency which had been the commissioner's agent for purposes of the guardianship
53.12shall develop with the individual a plan related to the individual's vocational, educational,
53.13social, or maturational needs to increase the individual's ability to live safely and
53.14independently using the plan requirements of section 260C.212, subdivision 1, paragraph
53.15(b), clause (11), and to assist the individual to meet one or more of the eligibility criteria in
53.16subdivision 4 if the individual wants to reenter foster care. The agency shall provide foster
53.17care with maintenance and counseling benefits as required to implement the plan. The
53.18agency shall enter into a voluntary placement agreement under section 260C.229 with the
53.19individual if the plan includes foster care.
53.20(b) Individuals who had not been under the guardianship of the commissioner of
53.21human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter
53.22foster care after age 18 and, to the extent funds are available, the responsible social
53.23services agency that had responsibility for planning for the individual before discharge
53.24from foster care may provide foster care or other services to the individual for the purpose
53.25of increasing the individual's ability to live safely and independently and to meet the
53.26eligibility criteria in subdivision 3a, if the individual:
53.27(1) was in foster care for the six consecutive months prior to the person's 18th
53.28birthday and was not discharged home, adopted, or received into a relative's home under a
53.29transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
53.30(2) was discharged from foster care while on runaway status after age 15.
53.31(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
53.32other appropriate persons, the responsible social services agency shall develop a specific
53.33plan related to that individual's vocational, educational, social, or maturational needs
53.34and, to the extent funds are available, provide foster care as required to implement the
53.35plan. The agency shall enter into a voluntary placement agreement with the individual
53.36if the plan includes foster care.
54.1(d) Youth who left foster care while under guardianship of the commissioner of
54.2human services retain eligibility for foster care for placement at any time between the
54.3ages of 18 and 21.
54.4    Subd. 7. Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant
54.5to this section, Individuals in foster care pursuant to this section are adults for all purposes
54.6except the continued provision of foster care. Any order establishing guardianship under
54.7section 260C.325, any legal custody order under section 260C.201, subdivision 1, and
54.8any order for legal custody associated with an order for long-term foster care permanent
54.9custody under section 260C.201, subdivision 11 260C.515, subdivision 5, terminates on
54.10the child's 18th birthday. The responsible social services agency has legal responsibility
54.11for the individual's placement and care when the matter continues under court jurisdiction
54.12pursuant to section 260C.193 or when the individual and the responsible agency execute a
54.13voluntary placement agreement pursuant to section 260C.229.
54.14    Subd. 8. Notice of termination of foster care. When a child in foster care between
54.15the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the
54.16responsible social services agency shall give the child written notice that foster care will
54.17terminate 30 days from the date the notice is sent. The child or the child's guardian ad
54.18litem may file a motion asking the court to review the agency's determination within 15
54.19days of receiving the notice. The child shall not be discharged from foster care until the
54.20motion is heard. The agency shall work with the child to transition out of foster care as
54.21required under section 260C.203, paragraph (e). The written notice of termination of
54.22benefits shall be on a form prescribed by the commissioner and shall also give notice of
54.23the right to have the agency's determination reviewed by the court in the proceeding where
54.24the court conducts the reviews required under sections 260C.203, 260C.515, subdivisions
54.255 or 6, or 260C.317. A copy of the termination notice shall be sent to the child and the
54.26child's attorney, if any, the foster care provider, the child's guardian ad litem, and the
54.27court. The agency is not responsible for paying foster care benefits for any period of time
54.28after the child actually leaves foster care.

54.29    Sec. 26. [260C.503] PERMANENCY PROCEEDINGS.
54.30    Subdivision 1. Required permanency proceedings. Except for children in foster
54.31care pursuant to chapter 260D, where the child is in foster care or in the care of a
54.32noncustodial or nonresident parent, the court shall commence proceedings to determine
54.33the permanent status of a child by holding the admit-deny hearing required under section
54.34260C.507 not later than 12 months after the child is placed in foster care or in the care of a
55.1noncustodial or nonresident parent. Permanency proceedings for children in foster care
55.2pursuant to chapter 260D shall be according to section 260D.07.
55.3    Subd. 2. Termination of parental rights. (a) The responsible social services
55.4agency must ask the county attorney to immediately file a termination of parental rights
55.5petition when:
55.6(1) the child has been subjected to egregious harm as defined in section 260C.007,
55.7subdivision 14;
55.8(2) the child is determined to be the sibling of a child who was subjected to
55.9egregious harm;
55.10(3) the child is an abandoned infant as defined in section 260C.301, subdivision 3,
55.11paragraph (b), clause (2);
55.12(4) the child's parent has lost parental rights to another child through an order
55.13involuntarily terminating the parent's rights;
55.14(5) the parent has committed sexual abuse as defined in section 626.556, subdivision
55.152, against the child or another child of the parent;
55.16    (6) the parent has committed an offense that requires registration as a predatory
55.17offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
55.18(7) another child of the parent is the subject of an order involuntarily transferring
55.19permanent legal and physical custody of the child to a relative under this chapter or a
55.20similar law of another jurisdiction;
55.21The county attorney shall file a termination of parental rights petition unless the conditions
55.22of paragraph (d) are met.
55.23(b) When the termination of parental rights petition is filed under this subdivision,
55.24the responsible social services agency shall identify, recruit, and approve an adoptive
55.25family for the child. If a termination of parental rights petition has been filed by another
55.26party, the responsible social services agency shall be joined as a party to the petition.
55.27(c) If criminal charges have been filed against a parent arising out of the conduct
55.28alleged to constitute egregious harm, the county attorney shall determine which matter
55.29should proceed to trial first, consistent with the best interests of the child and subject
55.30to the defendant's right to a speedy trial.
55.31(d) The requirement of paragraph (a) does not apply if the responsible social services
55.32agency and the county attorney determine and file with the court:
55.33(1) a petition for transfer of permanent legal and physical custody to a relative under
55.34sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption
55.35is not in the child's best interests and that transfer of permanent legal and physical custody
55.36is in the child's best interests; or
56.1(2) a petition under section 260C.141 alleging the child, and where appropriate,
56.2the child's siblings, to be in need of protection or services accompanied by a case plan
56.3prepared by the responsible social services agency documenting a compelling reason why
56.4filing a termination of parental rights petition would not be in the best interests of the child.
56.5    Subd. 3. Calculating time to required permanency proceedings. (a) For
56.6purposes of this section, the date of the child's placement in foster care is the earlier of
56.7the first court-ordered placement or 60 days after the date on which the child has been
56.8voluntarily placed in foster care by the child's parent or guardian. For purposes of this
56.9section, time spent by a child in the home of the noncustodial parent pursuant to court
56.10order under section 260C.178 or under the protective supervision of the responsible
56.11social services agency in the home of the noncustodial parent pursuant to an order under
56.12section 260C.201, subdivision 1, counts towards the requirement of a permanency hearing
56.13under this section. Time spent on a trial home visit counts towards the requirement of a
56.14permanency hearing under this section and the permanency progress review required
56.15under section 260C.204.
56.16(b) For the purposes of this section, 12 months is calculated as follows:
56.17(1) during the pendency of a petition alleging that a child is in need of protection
56.18or services, all time periods when a child is placed in foster care or in the home of a
56.19noncustodial parent are cumulated;
56.20(2) if a child has been placed in foster care within the previous five years under one
56.21or more previous petitions, the lengths of all prior time periods when the child was placed
56.22in foster care within the previous five years are cumulated. If a child under this clause
56.23has been in foster care for 12 months or more, the court, if it is in the best interests of the
56.24child and for compelling reasons, may extend the total time the child may continue out
56.25of the home under the current petition up to an additional six months before making a
56.26permanency determination.
56.27(c) If the child is on a trial home visit 12 months after the child was placed in foster
56.28care or in the care of a noncustodial parent, the responsible social services agency may file
56.29a report with the court regarding the child's and parent's progress on the trial home visit and
56.30the agency's reasonable efforts to finalize the child's safe and permanent return to the care
56.31of the parent in lieu of filing the petition required under section 260C.505. The court shall
56.32make findings regarding the reasonable efforts of the agency to finalize the child's return
56.33home as the permanency disposition order in the best interests of the child. The court may
56.34continue the trial home visit to a total time not to exceed six months as provided in section
56.35260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not
56.36made reasonable efforts to finalize the child's return home as the permanency disposition
57.1order in the child's best interests, the court may order other or additional efforts to support
57.2the child remaining in the care of the parent. If a trial home visit ordered or continued at
57.3permanency proceedings under sections 260C.503 to 260C.521 terminates, the court shall
57.4commence or recommence permanency proceedings under this chapter no later than 30
57.5days after the child is returned to foster care or to the care of a noncustodial parent.

57.6    Sec. 27. [260C.505] PETITION.
57.7(a) A permanency or termination of parental rights petition must be filed at or
57.8prior to the time the child has been in foster care or in the care of a noncustodial or
57.9nonresident parent for 11 months or in the expedited manner required in section 260C.503,
57.10subdivision 2, paragraph (a). The court administrator shall serve the petition as required
57.11in the Minnesota Rules of Juvenile Protection Procedure and section 260C.152 for the
57.12admit-deny hearing on the petition required in section 260C.507.
57.13(b) A petition under this section is not required if the responsible social services
57.14agency intends to recommend that the child return to the care of the parent from whom
57.15the child was removed at or prior to the time the court is required to hold the admit-deny
57.16hearing required under section 260C.507.

57.17    Sec. 28. [260C.507] ADMIT-DENY HEARING.
57.18(a) An admit-deny hearing on the permanency or termination of parental rights
57.19petition shall be held not later than 12 months from the child's placement in foster care or
57.20an order for the child to be in the care of a noncustodial or nonresident parent.
57.21(b) An admit-deny hearing on the termination of parental rights or transfer of
57.22permanent legal and physical custody petition required to be immediately filed under
57.23section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing
57.24of the petition.
57.25(c) At the admit-deny hearing, the court shall determine whether there is a prima
57.26facie basis for finding that the agency made reasonable efforts, or in the case of an Indian
57.27child active efforts, for reunification as required or that reasonable efforts for reunification
57.28are not required under section 260.012 and proceed according to the Minnesota Rules of
57.29Juvenile Protection Procedure.

57.30    Sec. 29. [260C.509] TRIAL.
57.31The permanency proceedings shall be conducted in a timely fashion including
57.32that any trial required under section 260C.163 shall be commenced within 60 days of
58.1the admit-deny hearing required under section 260C.507. At the conclusion of the
58.2permanency proceedings, the court shall:
58.3(1) order the child returned to the care of the parent or guardian from whom the
58.4child was removed; or
58.5(2) order a permanency disposition under section 260C.515 or termination of
58.6parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or
58.7termination of parental rights is in the child's best interests.

58.8    Sec. 30. [260C.511] BEST INTERESTS OF THE CHILD.
58.9(a) The "best interests of the child" means all relevant factors to be considered
58.10and evaluated.
58.11(b) In making a permanency disposition order or termination of parental rights,
58.12the court must be governed by the best interests of the child, including a review of the
58.13relationship between the child and relatives and the child and other important persons with
58.14whom the child has resided or had significant contact.

58.15    Sec. 31. [260C.513] PERMANENCY DISPOSITIONS WHEN CHILD CANNOT
58.16RETURN HOME.
58.17(a) Termination of parental rights and adoption, or guardianship to the commissioner
58.18of human services through a consent to adopt are preferred permanency options for a
58.19child who cannot return home. If the court finds that termination of parental rights and
58.20guardianship to the commissioner is not in the child's best interests, the court may transfer
58.21permanent legal and physical custody of the child to a relative when that order is in the
58.22child's best interests.
58.23(b) When the court has determined that permanent placement of the child away from
58.24the parent is necessary, the court shall consider permanent alternative homes that are
58.25available both inside and outside the state.

58.26    Sec. 32. [260C.515] PERMANENCY DISPOSITION ORDERS.
58.27    Subdivision 1. Court order required. If the child is not returned to the home at or
58.28before the conclusion of permanency proceedings under sections 260C.503 to 260C.521,
58.29the court must order one of the permanency dispositions in this section.
58.30    Subd. 2. Termination of parental rights. The court may order:
58.31(1) termination of parental rights when the requirements of sections 260C.301 to
58.32260C.328 are met; or
59.1(2) the responsible social services agency to file a petition for termination of
59.2parental rights in which case all the requirements of sections 260C.301 to 260C.328
59.3remain applicable.
59.4    Subd. 3. Guardianship; commissioner. The court may order guardianship to the
59.5commissioner of human services under the following procedures and conditions:
59.6(1) there is an identified prospective adoptive parent agreed to by the responsible
59.7social services agency having legal custody of the child pursuant to court order under this
59.8chapter and that prospective adoptive parent has agreed to adopt the child;
59.9(2) the court accepts the parent's voluntary consent to adopt in writing on a form
59.10prescribed by the commissioner, executed before two competent witnesses and confirmed
59.11by the consenting parent before the court or executed before court. The consent shall
59.12contain notice that consent given under this chapter:
59.13(i) is irrevocable upon acceptance by the court unless fraud is established and an
59.14order issues permitting revocation as stated in clause (9) unless the matter is governed by
59.15the Indian Child Welfare Act, United States Code, title 25, section 1913(c); and
59.16(ii) will result in an order that the child is under the guardianship of the commissioner
59.17of human services;
59.18(3) a consent executed and acknowledged outside of this state, either in accordance
59.19with the law of this state or in accordance with the law of the place where executed, is
59.20valid;
59.21(4) the court must review the matter at least every 90 days under section 260C.317;
59.22(5) a consent to adopt under this subdivision vests guardianship of the child with
59.23the commissioner of human services and makes the child a ward of the commissioner of
59.24human services under section 260C.325;
59.25(6) the court must forward to the commissioner a copy of the consent to adopt,
59.26together with a certified copy of the order transferring guardianship to the commissioner;
59.27(7) if an adoption is not finalized by the identified prospective adoptive parent within
59.28six months of the execution of the consent to adopt under this clause, the responsible
59.29social services agency shall pursue adoptive placement in another home unless the court
59.30finds in a hearing under section 260C.317 that the failure to finalize is not due to either an
59.31action or a failure to act by the prospective adoptive parent;
59.32(8) notwithstanding clause (7), the responsible social services agency must pursue
59.33adoptive placement in another home as soon as the agency determines that finalization
59.34of the adoption with the identified prospective adoptive parent is not possible, that the
59.35identified prospective adoptive parent is not willing to adopt the child, or that the identified
60.1prospective adoptive parent is not cooperative in completing the steps necessary to finalize
60.2the adoption;
60.3(9) unless otherwise required by the Indian Child Welfare Act, United States Code,
60.4title 25, section 1913(c), a consent to adopt executed under this section shall be irrevocable
60.5upon acceptance by the court except upon order permitting revocation issued by the same
60.6court after written findings that consent was obtained by fraud.
60.7    Subd. 4. Custody to relative. The court may order permanent legal and physical
60.8custody to a relative in the best interests of the child according to the following conditions:
60.9(1) an order for transfer of permanent legal and physical custody to a relative shall
60.10only be made after the court has reviewed the suitability of the prospective legal and
60.11physical custodian;
60.12(2) in transferring permanent legal and physical custody to a relative, the juvenile
60.13court shall follow the standards applicable under this chapter and chapter 260, and the
60.14procedures in the Minnesota Rules of Juvenile Protection Procedure;
60.15(3) a transfer of legal and physical custody includes responsibility for the protection,
60.16education, care, and control of the child and decision making on behalf of the child;
60.17(4) a permanent legal and physical custodian may not return a child to the permanent
60.18care of a parent from whom the court removed custody without the court's approval and
60.19without notice to the responsible social services agency;
60.20(5) the social services agency may file a petition naming a fit and willing relative as
60.21a proposed permanent legal and physical custodian;
60.22(6) another party to the permanency proceeding regarding the child may file a
60.23petition to transfer permanent legal and physical custody to a relative, but the petition must
60.24be filed not later than the date for the required admit/deny hearing under section 260C.507;
60.25or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must
60.26be filed not later than 30 days prior to the trial required under section 260C.509; and
60.27(7) the juvenile court may maintain jurisdiction over the responsible social services
60.28agency, the parents or guardian of the child, the child, and the permanent legal and
60.29physical custodian for purposes of ensuring appropriate services are delivered to the child
60.30and permanent legal custodian for the purpose of ensuring conditions ordered by the court
60.31related to the care and custody of the child are met.
60.32    Subd. 5. Permanent custody to agency. The court may order permanent custody to
60.33the responsible social services agency for continued placement of the child in foster care
60.34but only if it approves the responsible social services agency's compelling reasons that no
60.35other permanency disposition order is in the child's best interests, and:
60.36(1) the child has reached age 12;
61.1(2) the child is a sibling of a child described in clause (1) and the siblings have a
61.2significant positive relationship and are ordered into the same foster home;
61.3(3) the responsible social services agency has made reasonable efforts to locate and
61.4place the child with an adoptive family or a fit and willing relative who would either agree
61.5to adopt the child or to a transfer of permanent legal and physical custody of the child, but
61.6these efforts have not proven successful; and
61.7(4) the parent will continue to have visitation or contact with the child and will
61.8remain involved in planning for the child.
61.9    Subd. 6. Temporary legal custody to agency. The court may order temporary legal
61.10custody to the responsible social services agency for continued placement of the child in
61.11foster care for a specified period of time according to the following conditions:
61.12(1) the sole basis for an adjudication that the child is in need of protection or services
61.13is the child's behavior;
61.14(2) the court finds that foster care for a specified period of time is in the best interests
61.15of the child;
61.16(3) the court approves the responsible social services agency's compelling reasons
61.17that neither an award of permanent legal and physical custody to a relative, nor termination
61.18of parental rights is in the child's best interests; and
61.19(4) the order specifies that the child continue in foster care no longer than one year.

61.20    Sec. 33. [260C.517] FINDINGS AND CONTENT OF ORDER FOR
61.21PERMANENCY DISPOSITION.
61.22(a) Except for an order terminating parental rights, an order permanently placing
61.23a child out of the home of the parent or guardian must include the following detailed
61.24findings:
61.25(1) how the child's best interests are served by the order;
61.26(2) the nature and extent of the responsible social services agency's reasonable
61.27efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent
61.28or guardian where reasonable efforts are required;
61.29(3) the parent's or parents' efforts and ability to use services to correct the conditions
61.30which led to the out-of-home placement; and
61.31(4) that the conditions which led to the out-of-home placement have not been
61.32corrected so that the child can safely return home.
61.33(b) The court shall issue an order required under section 260C.515 and this section
61.34within 15 days of the close of the proceedings. The court may extend issuing the order
62.1an additional 15 days when necessary in the interests of justice and the best interests of
62.2the child.

62.3    Sec. 34. [260C.519] FURTHER COURT HEARINGS.
62.4Once a permanency disposition order has been made, further court hearings are
62.5necessary if:
62.6(1) the child is ordered on a trial home visit or under the protective supervision
62.7of the responsible social services agency;
62.8(2) the child continues in foster care;
62.9(3) the court orders further hearings in a transfer of permanent legal and physical
62.10custody matter including if a party seeks to modify an order under section 260C.521,
62.11subdivision 2;
62.12(4) an adoption has not yet been finalized; or
62.13(5) the child returns to foster care after the court has entered an order for a
62.14permanency disposition under this section.

62.15    Sec. 35. [260C.521] COURT REVIEWS AFTER PERMANENCY DISPOSITION
62.16ORDER.
62.17    Subdivision 1. Child in permanent custody of responsible social services agency.
62.18(a) Court reviews of an order for permanent custody to the responsible social services
62.19agency for placement of the child in foster care must be conducted at least yearly at an
62.20in-court appearance hearing.
62.21(b) The purpose of the review hearing is to ensure:
62.22(1) the order for permanent custody to the responsible social services agency for
62.23placement of the child in foster care continues to be in the best interests of the child and
62.24that no other permanency disposition order is in the best interests of the child;
62.25(2) that the agency is assisting the child to build connections to the child's family
62.26and community; and
62.27(3) that the agency is appropriately planning with the child for development of
62.28independent living skills for the child, and as appropriate, for the orderly and successful
62.29transition to independent living that may occur if the child continues in foster care without
62.30another permanency disposition order.
62.31(c) The court must review the child's out-of-home placement plan and the reasonable
62.32efforts of the agency to finalize an alternative permanent plan for the child including the
62.33agency's efforts to:
63.1(1) ensure that permanent custody to the agency with placement of the child in
63.2foster care continues to be the most appropriate legal arrangement for meeting the child's
63.3need for permanency and stability or, if not, to identify and attempt to finalize another
63.4permanency disposition order under this chapter that would better serve the child's needs
63.5and best interests;
63.6(2) identify a specific foster home for the child, if one has not already been identified;
63.7(3) support continued placement of the child in the identified home, if one has been
63.8identified;
63.9(4) ensure appropriate services are provided to address the physical health, mental
63.10health, and educational needs of the child during the period of foster care and also ensure
63.11appropriate services or assistance to maintain relationships with appropriate family
63.12members and the child's community; and
63.13(5) plan for the child's independence upon the child's leaving foster care living as
63.14required under section 260C.212, subdivision 1.
63.15(d) The court may find that the agency has made reasonable efforts to finalize the
63.16permanent plan for the child when:
63.17(1) the agency has made reasonable efforts to identify a more legally permanent
63.18home for the child than is provided by an order for permanent custody to the agency
63.19for placement in foster care; and
63.20(2) the agency's engagement of the child in planning for independent living is
63.21reasonable and appropriate.
63.22    Subd. 2. Modifying an order for permanent legal and physical custody to a
63.23relative. An order for a relative to have permanent legal and physical custody of a child
63.24may be modified using standards under sections 518.18 and 518.185. The social services
63.25agency is a party to the proceeding and must receive notice.
63.26    Subd. 3. Modifying order for permanent custody to agency for placement in
63.27foster care. (a) A parent may seek modification of an order for permanent custody of the
63.28child to the responsible social services agency for placement in foster care upon motion
63.29and a showing by the parent of a substantial change in the parent's circumstances such
63.30that the parent could provide appropriate care for the child and that removal of the child
63.31from the permanent custody of the agency and the return to the parent's care would be
63.32in the best interests of the child.
63.33(b) The responsible social services agency may ask the court to vacate an order for
63.34permanent custody to the agency upon a petition and hearing pursuant to section 260C.163
63.35establishing the basis for the court to order another permanency disposition under this
63.36chapter, including termination of parental rights based on abandonment if the parent
64.1has not visited the child, maintained contact with the child, or participated in planning
64.2for the child as required under section 260C.515, subdivision 5. The responsible social
64.3services agency must establish that the proposed permanency disposition order is in the
64.4child's bests interests. Upon a hearing where the court determines the petition is proved,
64.5the court may vacate the order for permanent custody and enter a different order for a
64.6permanent disposition that is in the child's best interests. The court shall not require further
64.7reasonable efforts to reunify the child with the parent or guardian as a basis for vacating
64.8the order for permanent custody to the agency and ordering a different permanency
64.9disposition in the child's best interests. The county attorney must file the petition and give
64.10notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to
64.11modify an order for permanent custody under this subdivision.

64.12    Sec. 36. EFFECTIVE DATE.
64.13This article is effective August 1, 2012.


64.16    Section 1. Minnesota Statutes 2011 Supplement, section 256.01, subdivision 14b,
64.17is amended to read:
64.18    Subd. 14b. American Indian child welfare projects. (a) The commissioner of
64.19human services may authorize projects to test tribal delivery of child welfare services to
64.20American Indian children and their parents and custodians living on the reservation.
64.21The commissioner has authority to solicit and determine which tribes may participate
64.22in a project. Grants may be issued to Minnesota Indian tribes to support the projects.
64.23The commissioner may waive existing state rules as needed to accomplish the projects.
64.24Notwithstanding section 626.556, the commissioner may authorize projects to use
64.25alternative methods of investigating and assessing reports of child maltreatment, provided
64.26that the projects comply with the provisions of section 626.556 dealing with the rights
64.27of individuals who are subjects of reports or investigations, including notice and appeal
64.28rights and data practices requirements. The commissioner may seek any federal approvals
64.29necessary to carry out the projects as well as seek and use any funds available to the
64.30commissioner, including use of federal funds, foundation funds, existing grant funds,
64.31and other funds. The commissioner is authorized to advance state funds as necessary to
64.32operate the projects. Federal reimbursement applicable to the projects is appropriated
64.33to the commissioner for the purposes of the projects. The projects must be required to
64.34address responsibility for safety, permanency, and well-being of children.
65.1(b) For the purposes of this section, "American Indian child" means a person under
65.218 years of age 21 years old and who is a tribal member or eligible for membership in
65.3one of the tribes chosen for a project under this subdivision and who is residing on the
65.4reservation of that tribe.
65.5(c) In order to qualify for an American Indian child welfare project, a tribe must:
65.6(1) be one of the existing tribes with reservation land in Minnesota;
65.7(2) have a tribal court with jurisdiction over child custody proceedings;
65.8(3) have a substantial number of children for whom determinations of maltreatment
65.9have occurred;
65.10(4) have capacity to respond to reports of abuse and neglect under section 626.556;
65.11(5) provide a wide range of services to families in need of child welfare services; and
65.12(6) have a tribal-state title IV-E agreement in effect.
65.13(d) Grants awarded under this section may be used for the nonfederal costs of
65.14providing child welfare services to American Indian children on the tribe's reservation,
65.15including costs associated with:
65.16(1) assessment and prevention of child abuse and neglect;
65.17(2) family preservation;
65.18(3) facilitative, supportive, and reunification services;
65.19(4) out-of-home placement for children removed from the home for child protective
65.20purposes; and
65.21(5) other activities and services approved by the commissioner that further the goals
65.22of providing safety, permanency, and well-being of American Indian children.
65.23(e) When a tribe has initiated a project and has been approved by the commissioner
65.24to assume child welfare responsibilities for American Indian children of that tribe under
65.25this section, the affected county social service agency is relieved of responsibility for
65.26responding to reports of abuse and neglect under section 626.556 for those children
65.27during the time within which the tribal project is in effect and funded. The commissioner
65.28shall work with tribes and affected counties to develop procedures for data collection,
65.29evaluation, and clarification of ongoing role and financial responsibilities of the county
65.30and tribe for child welfare services prior to initiation of the project. Children who have not
65.31been identified by the tribe as participating in the project shall remain the responsibility
65.32of the county. Nothing in this section shall alter responsibilities of the county for law
65.33enforcement or court services.
65.34(f) Participating tribes may conduct children's mental health screenings under section
65.35245.4874, subdivision 1 , paragraph (a), clause (14), for children who are eligible for the
65.36initiative and living on the reservation and who meet one of the following criteria:
66.1(1) the child must be receiving child protective services;
66.2(2) the child must be in foster care; or
66.3(3) the child's parents must have had parental rights suspended or terminated.
66.4Tribes may access reimbursement from available state funds for conducting the screenings.
66.5Nothing in this section shall alter responsibilities of the county for providing services
66.6under section 245.487.
66.7(g) Participating tribes may establish a local child mortality review panel. In
66.8establishing a local child mortality review panel, the tribe agrees to conduct local child
66.9mortality reviews for child deaths or near-fatalities occurring on the reservation under
66.10subdivision 12. Tribes with established child mortality review panels shall have access
66.11to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c)
66.12to (e). The tribe shall provide written notice to the commissioner and affected counties
66.13when a local child mortality review panel has been established and shall provide data upon
66.14request of the commissioner for purposes of sharing nonpublic data with members of the
66.15state child mortality review panel in connection to an individual case.
66.16(h) The commissioner shall collect information on outcomes relating to child safety,
66.17permanency, and well-being of American Indian children who are served in the projects.
66.18Participating tribes must provide information to the state in a format and completeness
66.19deemed acceptable by the state to meet state and federal reporting requirements.
66.20    (i) In consultation with the White Earth Band, the commissioner shall develop
66.21and submit to the chairs and ranking minority members of the legislative committees
66.22with jurisdiction over health and human services a plan to transfer legal responsibility
66.23for providing child protective services to White Earth Band member children residing in
66.24Hennepin County to the White Earth Band. The plan shall include a financing proposal,
66.25definitions of key terms, statutory amendments required, and other provisions required to
66.26implement the plan. The commissioner shall submit the plan by January 15, 2012.

66.27    Sec. 2. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:
66.28    Subd. 7. Hospital and Department of Health distribution of educational
66.29materials; recognition form. Hospitals that provide obstetric services and the state
66.30registrar of vital statistics shall distribute the educational materials and recognition
66.31of parentage forms prepared by the commissioner of human services to new parents;
66.32and shall assist parents in understanding the recognition of parentage form, including
66.33following the provisions for notice under subdivision 5; shall aid new parents in properly
66.34completing the recognition of parentage form, including providing notary services; and
66.35shall timely file the completed recognition of parentage form with the office of the state
67.1registrar of vital statistics. On and after January 1, 1994, hospitals may not distribute the
67.2declaration of parentage forms.

67.3    Sec. 3. Minnesota Statutes 2010, section 518C.205, is amended to read:
67.4518C.205 CONTINUING, EXCLUSIVE JURISDICTION.
67.5    (a) A tribunal of this state issuing a support order consistent with the law of this state
67.6has continuing, exclusive jurisdiction over a child support order unless:
67.7    (1) as long as this state remains is no longer the residence of the obligor, the
67.8individual obligee, or and the child for whose benefit the support order is issued; or
67.9    (2) until all of the parties who are individuals have filed written consents with
67.10the tribunal of this state for a tribunal of another state to modify the order and assume
67.11continuing, exclusive jurisdiction.
67.12    (b) A tribunal of this state issuing a child support order consistent with the law of
67.13this state may not exercise its continuing jurisdiction to modify the order if the order has
67.14been modified by a tribunal of another state pursuant to this chapter or a law substantially
67.15similar to this chapter.
67.16    (c) If a child support order of this state is modified by a tribunal of another state
67.17pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state
67.18loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the
67.19order issued in this state, and may only:
67.20    (1) enforce the order that was modified as to amounts accruing before the
67.21modification;
67.22    (2) enforce nonmodifiable aspects of that order; and
67.23    (3) provide other appropriate relief for violations of that order which occurred before
67.24the effective date of the modification.
67.25    (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a
67.26tribunal of another state which has issued a child support order pursuant to this chapter or
67.27a law substantially similar to this chapter.
67.28    (e) A temporary support order issued ex parte or pending resolution of a jurisdictional
67.29conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
67.30    (f) A tribunal of this state issuing a support order consistent with the law of this
67.31state has continuing, exclusive jurisdiction over a spousal support order throughout the
67.32existence of the support obligation. A tribunal of this state may not modify a spousal
67.33support order issued by a tribunal of another state having continuing, exclusive jurisdiction
67.34over that order under the law of that state.

68.1    Sec. 4. RECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT.
68.2The commissioner of human services shall initiate procedures no later than October
68.31, 2012, to enter into a reciprocal agreement with Bermuda for the establishment and
68.4enforcement of child support obligations pursuant to United States Code, title 42, section
68.5659a(d).
68.6EFFECTIVE DATE.This section is effective upon Bermuda's written acceptance
68.7and agreement to enforce Minnesota child support orders. If Bermuda does not accept and
68.8declines to enforce Minnesota orders, this section expires October 1, 2013.

68.9    Sec. 5. EFFECTIVE DATE.
68.10This article is effective August 1, 2012.


68.13    Section 1. Minnesota Statutes 2010, section 257.01, is amended to read:
68.14257.01 RECORDS REQUIRED.
68.15Each person or authorized child-placing agency permitted by law to receive children,
68.16secure homes for children, or care for children, shall keep a record containing the name,
68.17age, former residence, legal status, health records, sex, race, and accumulated length of
68.18time in foster care, if applicable, of each child received; the name, former residence,
68.19occupation, health history, and character, of each birth parent; the date of reception,
68.20placing out, and adoption of each child, and the name, race, occupation, and residence of
68.21the person with whom a child is placed; the date of the removal of any child to another
68.22home and the reason for removal; the date of termination of the guardianship; the history
68.23of each child until the child reaches the age of 18 21 years, is legally adopted, or is
68.24discharged according to law; and further demographic and other information as is required
68.25by the commissioner of human services.

68.26    Sec. 2. Minnesota Statutes 2010, section 259.69, is amended to read:
68.27259.69 TRANSFER OF FUNDS.
68.28The commissioner of human services may transfer funds into the subsidized adoption
68.29assistance account when a deficit in the subsidized adoption assistance program occurs.

68.30    Sec. 3. Minnesota Statutes 2010, section 259.73, is amended to read:
68.31259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.
69.1The commissioner of human services shall provide reimbursement of up to $2,000
69.2to the adoptive parent or parents for costs incurred in adopting a child with special
69.3needs. The commissioner shall determine the child's eligibility for adoption expense
69.4reimbursement under title IV-E of the Social Security Act, United States Code, title 42,
69.5sections 670 to 676. To be reimbursed, costs must be reasonable, necessary, and directly
69.6related to the legal adoption of the child. An individual may apply for reimbursement for
69.7costs incurred in an adoption of a child with special needs under section 259A.70.

69.8    Sec. 4. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:
69.9    Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition,
69.10terminate all rights of a parent to a child:
69.11(a) with the written consent of a parent who for good cause desires to terminate
69.12parental rights; or
69.13(b) if it finds that one or more of the following conditions exist:
69.14(1) that the parent has abandoned the child;
69.15(2) that the parent has substantially, continuously, or repeatedly refused or neglected
69.16to comply with the duties imposed upon that parent by the parent and child relationship,
69.17including but not limited to providing the child with necessary food, clothing, shelter,
69.18education, and other care and control necessary for the child's physical, mental, or
69.19emotional health and development, if the parent is physically and financially able, and
69.20either reasonable efforts by the social services agency have failed to correct the conditions
69.21that formed the basis of the petition or reasonable efforts would be futile and therefore
69.22unreasonable;
69.23(3) that a parent has been ordered to contribute to the support of the child or
69.24financially aid in the child's birth and has continuously failed to do so without good cause.
69.25This clause shall not be construed to state a grounds for termination of parental rights of a
69.26noncustodial parent if that parent has not been ordered to or cannot financially contribute
69.27to the support of the child or aid in the child's birth;
69.28(4) that a parent is palpably unfit to be a party to the parent and child relationship
69.29because of a consistent pattern of specific conduct before the child or of specific conditions
69.30directly relating to the parent and child relationship either of which are determined by
69.31the court to be of a duration or nature that renders the parent unable, for the reasonably
69.32foreseeable future, to care appropriately for the ongoing physical, mental, or emotional
69.33needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent
69.34and child relationship upon a showing that the parent's parental rights to one or more other
69.35children were involuntarily terminated or that the parent's custodial rights to another child
70.1have been involuntarily transferred to a relative under section 260C.201, subdivision 11,
70.2paragraph (e), clause (1), or a similar law of another jurisdiction;
70.3(5) that following the child's placement out of the home, reasonable efforts, under the
70.4direction of the court, have failed to correct the conditions leading to the child's placement.
70.5It is presumed that reasonable efforts under this clause have failed upon a showing that:
70.6(i) a child has resided out of the parental home under court order for a cumulative
70.7period of 12 months within the preceding 22 months. In the case of a child under age eight
70.8at the time the petition was filed alleging the child to be in need of protection or services,
70.9the presumption arises when the child has resided out of the parental home under court
70.10order for six months unless the parent has maintained regular contact with the child and
70.11the parent is complying with the out-of-home placement plan;
70.12(ii) the court has approved the out-of-home placement plan required under section
70.13260C.212 and filed with the court under section 260C.178;
70.14(iii) conditions leading to the out-of-home placement have not been corrected. It
70.15is presumed that conditions leading to a child's out-of-home placement have not been
70.16corrected upon a showing that the parent or parents have not substantially complied with
70.17the court's orders and a reasonable case plan; and
70.18(iv) reasonable efforts have been made by the social services agency to rehabilitate
70.19the parent and reunite the family.
70.20This clause does not prohibit the termination of parental rights prior to one year, or
70.21in the case of a child under age eight, prior to six months after a child has been placed
70.22out of the home.
70.23It is also presumed that reasonable efforts have failed under this clause upon a
70.24showing that:
70.25(A) the parent has been diagnosed as chemically dependent by a professional
70.26certified to make the diagnosis;
70.27(B) the parent has been required by a case plan to participate in a chemical
70.28dependency treatment program;
70.29(C) the treatment programs offered to the parent were culturally, linguistically,
70.30and clinically appropriate;
70.31(D) the parent has either failed two or more times to successfully complete a
70.32treatment program or has refused at two or more separate meetings with a caseworker
70.33to participate in a treatment program; and
70.34(E) the parent continues to abuse chemicals.
70.35(6) that a child has experienced egregious harm in the parent's care which is of a
70.36nature, duration, or chronicity that indicates a lack of regard for the child's well-being,
71.1such that a reasonable person would believe it contrary to the best interest of the child
71.2or of any child to be in the parent's care;
71.3(7) that in the case of a child born to a mother who was not married to the child's
71.4father when the child was conceived nor when the child was born the person is not entitled
71.5to notice of an adoption hearing under section 259.49 and the person has not registered
71.6with the fathers' adoption registry under section 259.52;
71.7(8) that the child is neglected and in foster care; or
71.8(9) that the parent has been convicted of a crime listed in section 260.012, paragraph
71.9(g) , clauses (1) to (3) (5).
71.10In an action involving an American Indian child, sections 260.751 to 260.835 and
71.11the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control
71.12to the extent that the provisions of this section are inconsistent with those laws.

71.13    Sec. 5. Minnesota Statutes 2010, section 260D.08, is amended to read:
71.14260D.08 ANNUAL REVIEW.
71.15    (a) After the court conducts a permanency review hearing under section 260D.07,
71.16the matter must be returned to the court for further review of the responsible social
71.17services reasonable efforts to finalize the permanent plan for the child and the child's foster
71.18care placement at least every 12 months while the child is in foster care. The court shall
71.19give notice to the parent and child, age 12 or older, and the foster parents of the continued
71.20review requirements under this section at the permanency review hearing.
71.21    (b) Every 12 months, the court shall determine whether the agency made reasonable
71.22efforts to finalize the permanency plan for the child, which means the exercise of due
71.23diligence by the agency to:
71.24    (1) ensure that the agreement for voluntary foster care is the most appropriate legal
71.25arrangement to meet the child's safety, health, and best interests and to conduct a genuine
71.26examination of whether there is another permanency disposition order under chapter
71.27260C, including returning the child home, that would better serve the child's need for a
71.28stable and permanent home;
71.29    (2) engage and support the parent in continued involvement in planning and decision
71.30making for the needs of the child;
71.31    (3) strengthen the child's ties to the parent, relatives, and community;
71.32    (4) implement the out-of-home placement plan required under section 260C.212,
71.33subdivision 1, and ensure that the plan requires the provision of appropriate services to
71.34address the physical health, mental health, and educational needs of the child; and
72.1    (5) ensure appropriate planning for the child's safe, permanent, and independent
72.2living arrangement after the child's 18th birthday.

72.3    Sec. 6. [611.012] DISPOSITION OF CHILD OF PARENT ARRESTED.
72.4A peace officer who arrests a person accompanied by a child of the person may
72.5release the child to any person designated by the parent unless it is necessary to remove
72.6the child under section 260C.175 because the child is found in surroundings or conditions
72.7which endanger the child's health or welfare or which the peace officer reasonably believes
72.8will endanger the child's health or welfare. An officer releasing a child under this section
72.9to a person designated by the parent has no civil or criminal liability for the child's release.

72.10    Sec. 7. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
72.11    Subd. 2. Definitions. As used in this section, the following terms have the meanings
72.12given them unless the specific content indicates otherwise:
72.13    (a) "Family assessment" means a comprehensive assessment of child safety, risk
72.14of subsequent child maltreatment, and family strengths and needs that is applied to a
72.15child maltreatment report that does not allege substantial child endangerment. Family
72.16assessment does not include a determination as to whether child maltreatment occurred
72.17but does determine the need for services to address the safety of family members and the
72.18risk of subsequent maltreatment.
72.19    (b) "Investigation" means fact gathering related to the current safety of a child
72.20and the risk of subsequent maltreatment that determines whether child maltreatment
72.21occurred and whether child protective services are needed. An investigation must be used
72.22when reports involve substantial child endangerment, and for reports of maltreatment in
72.23facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
72.24144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
72.2513, and 124D.10; or in a nonlicensed personal care provider association as defined in
72.26sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
72.27    (c) "Substantial child endangerment" means a person responsible for a child's care,
72.28and in the case of sexual abuse includes a person who has a significant relationship to the
72.29child as defined in section 609.341, or a person in a position of authority as defined in
72.30section 609.341, who by act or omission commits or attempts to commit an act against a
72.31child under their care that constitutes any of the following:
72.32    (1) egregious harm as defined in section 260C.007, subdivision 14;
72.33    (2) sexual abuse as defined in paragraph (d);
72.34    (3) abandonment under section 260C.301, subdivision 2;
73.1    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
73.2child's physical or mental health, including a growth delay, which may be referred to as
73.3failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
73.4    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
73.5609.195 ;
73.6    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
73.7    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
73.8609.223 ;
73.9    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
73.10    (9) criminal sexual conduct under sections 609.342 to 609.3451;
73.11    (10) solicitation of children to engage in sexual conduct under section 609.352;
73.12    (11) malicious punishment or neglect or endangerment of a child under section
73.13609.377 or 609.378;
73.14    (12) use of a minor in sexual performance under section 617.246; or
73.15    (13) parental behavior, status, or condition which mandates that the county attorney
73.16file a termination of parental rights petition under section 260C.301, subdivision 3,
73.17paragraph (a).
73.18    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
73.19child's care, by a person who has a significant relationship to the child, as defined in
73.20section 609.341, or by a person in a position of authority, as defined in section 609.341,
73.21subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
73.22conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
73.23609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
73.24in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
73.25abuse also includes any act which involves a minor which constitutes a violation of
73.26prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
73.27threatened sexual abuse which includes the status of a parent or household member
73.28who has committed a violation which requires registration as an offender under section
73.29243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
73.30243.166, subdivision 1b, paragraph (a) or (b).
73.31    (e) "Person responsible for the child's care" means (1) an individual functioning
73.32within the family unit and having responsibilities for the care of the child such as a
73.33parent, guardian, or other person having similar care responsibilities, or (2) an individual
73.34functioning outside the family unit and having responsibilities for the care of the child
73.35such as a teacher, school administrator, other school employees or agents, or other lawful
73.36custodian of a child having either full-time or short-term care responsibilities including,
74.1but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
74.2and coaching.
74.3    (f) "Neglect" means the commission or omission of any of the acts specified under
74.4clauses (1) to (9), other than by accidental means:
74.5    (1) failure by a person responsible for a child's care to supply a child with necessary
74.6food, clothing, shelter, health, medical, or other care required for the child's physical or
74.7mental health when reasonably able to do so;
74.8    (2) failure to protect a child from conditions or actions that seriously endanger the
74.9child's physical or mental health when reasonably able to do so, including a growth delay,
74.10which may be referred to as a failure to thrive, that has been diagnosed by a physician and
74.11is due to parental neglect;
74.12    (3) failure to provide for necessary supervision or child care arrangements
74.13appropriate for a child after considering factors as the child's age, mental ability, physical
74.14condition, length of absence, or environment, when the child is unable to care for the
74.15child's own basic needs or safety, or the basic needs or safety of another child in their care;
74.16    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
74.17260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's
74.18child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
74.19    (5) nothing in this section shall be construed to mean that a child is neglected solely
74.20because the child's parent, guardian, or other person responsible for the child's care in
74.21good faith selects and depends upon spiritual means or prayer for treatment or care of
74.22disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
74.23or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
74.24if a lack of medical care may cause serious danger to the child's health. This section does
74.25not impose upon persons, not otherwise legally responsible for providing a child with
74.26necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
74.27    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
74.28subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
74.29symptoms in the child at birth, results of a toxicology test performed on the mother at
74.30delivery or the child at birth, or medical effects or developmental delays during the child's
74.31first year of life that medically indicate prenatal exposure to a controlled substance, or the
74.32presence of a Fetal Alcohol Spectrum Disorder;
74.33    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
74.34    (8) chronic and severe use of alcohol or a controlled substance by a parent or
74.35person responsible for the care of the child that adversely affects the child's basic needs
74.36and safety; or
75.1    (9) emotional harm from a pattern of behavior which contributes to impaired
75.2emotional functioning of the child which may be demonstrated by a substantial and
75.3observable effect in the child's behavior, emotional response, or cognition that is not
75.4within the normal range for the child's age and stage of development, with due regard to
75.5the child's culture.
75.6    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
75.7inflicted by a person responsible for the child's care on a child other than by accidental
75.8means, or any physical or mental injury that cannot reasonably be explained by the child's
75.9history of injuries, or any aversive or deprivation procedures, or regulated interventions,
75.10that have not been authorized under section 121A.67 or 245.825.
75.11    Abuse does not include reasonable and moderate physical discipline of a child
75.12administered by a parent or legal guardian which does not result in an injury. Abuse does
75.13not include the use of reasonable force by a teacher, principal, or school employee as
75.14allowed by section 121A.582. Actions which are not reasonable and moderate include,
75.15but are not limited to, any of the following that are done in anger or without regard to the
75.16safety of the child:
75.17    (1) throwing, kicking, burning, biting, or cutting a child;
75.18    (2) striking a child with a closed fist;
75.19    (3) shaking a child under age three;
75.20    (4) striking or other actions which result in any nonaccidental injury to a child
75.21under 18 months of age;
75.22    (5) unreasonable interference with a child's breathing;
75.23    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
75.24    (7) striking a child under age one on the face or head;
75.25    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
75.26substances which were not prescribed for the child by a practitioner, in order to control or
75.27punish the child; or other substances that substantially affect the child's behavior, motor
75.28coordination, or judgment or that results in sickness or internal injury, or subjects the
75.29child to medical procedures that would be unnecessary if the child were not exposed
75.30to the substances;
75.31    (9) unreasonable physical confinement or restraint not permitted under section
75.32609.379 , including but not limited to tying, caging, or chaining; or
75.33    (10) in a school facility or school zone, an act by a person responsible for the child's
75.34care that is a violation under section 121A.58.
76.1    (h) "Report" means any report received by the local welfare agency, police
76.2department, county sheriff, or agency responsible for assessing or investigating
76.3maltreatment pursuant to this section.
76.4    (i) "Facility" means:
76.5    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
76.6sanitarium, or other facility or institution required to be licensed under sections 144.50 to
76.7144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245B;
76.8    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
76.9124D.10 ; or
76.10    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
76.11subdivision 16, and 256B.0625, subdivision 19a.
76.12    (j) "Operator" means an operator or agency as defined in section 245A.02.
76.13    (k) "Commissioner" means the commissioner of human services.
76.14    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
76.15not limited to employee assistance counseling and the provision of guardian ad litem and
76.16parenting time expeditor services.
76.17    (m) "Mental injury" means an injury to the psychological capacity or emotional
76.18stability of a child as evidenced by an observable or substantial impairment in the child's
76.19ability to function within a normal range of performance and behavior with due regard to
76.20the child's culture.
76.21    (n) "Threatened injury" means a statement, overt act, condition, or status that
76.22represents a substantial risk of physical or sexual abuse or mental injury. Threatened
76.23injury includes, but is not limited to, exposing a child to a person responsible for the
76.24child's care, as defined in paragraph (e), clause (1), who has:
76.25    (1) subjected a child to, or failed to protect a child from, an overt act or condition
76.26that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
76.27similar law of another jurisdiction;
76.28    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
76.29(4), or a similar law of another jurisdiction;
76.30    (3) committed an act that has resulted in an involuntary termination of parental rights
76.31under section 260C.301, or a similar law of another jurisdiction; or
76.32    (4) committed an act that has resulted in the involuntary transfer of permanent legal
76.33and physical custody of a child to a relative under section 260C.201, subdivision 11,
76.34paragraph (d), clause (1), or a similar law of another jurisdiction.
76.35    (o) Persons who conduct assessments or investigations under this section shall take
76.36into account accepted child-rearing practices of the culture in which a child participates
77.1and accepted teacher discipline practices, which are not injurious to the child's health,
77.2welfare, and safety.
77.3    (p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
77.4occurrence or event which:
77.5    (1) is not likely to occur and could not have been prevented by exercise of due
77.6care; and
77.7    (2) if occurring while a child is receiving services from a facility, happens when the
77.8facility and the employee or person providing services in the facility are in compliance
77.9with the laws and rules relevant to the occurrence or event.
77.10(q) "Nonmaltreatment mistake" means:
77.11(1) at the time of the incident, the individual was performing duties identified in the
77.12center's child care program plan required under Minnesota Rules, part 9503.0045;
77.13(2) the individual has not been determined responsible for a similar incident that
77.14resulted in a finding of maltreatment for at least seven years;
77.15(3) the individual has not been determined to have committed a similar
77.16nonmaltreatment mistake under this paragraph for at least four years;
77.17(4) any injury to a child resulting from the incident, if treated, is treated only with
77.18remedies that are available over the counter, whether ordered by a medical professional or
77.19not; and
77.20(5) except for the period when the incident occurred, the facility and the individual
77.21providing services were both in compliance with all licensing requirements relevant to the
77.22incident.
77.23This definition only applies to child care centers licensed under Minnesota
77.24Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
77.25substantiated maltreatment by the individual, the commissioner of human services shall
77.26determine that a nonmaltreatment mistake was made by the individual.

77.27    Sec. 8. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:
77.28    Subd. 10. Duties of local welfare agency and local law enforcement agency upon
77.29receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine
77.30whether to conduct a family assessment or an investigation as appropriate to prevent or
77.31provide a remedy for child maltreatment. The local welfare agency:
77.32    (1) shall conduct an investigation on reports involving substantial child
77.33endangerment;
78.1    (2) shall begin an immediate investigation if, at any time when it is using a family
78.2assessment response, it determines that there is reason to believe that substantial child
78.3endangerment or a serious threat to the child's safety exists;
78.4    (3) may conduct a family assessment for reports that do not allege substantial child
78.5endangerment. In determining that a family assessment is appropriate, the local welfare
78.6agency may consider issues of child safety, parental cooperation, and the need for an
78.7immediate response; and
78.8    (4) may conduct a family assessment on a report that was initially screened and
78.9assigned for an investigation. In determining that a complete investigation is not required,
78.10the local welfare agency must document the reason for terminating the investigation and
78.11notify the local law enforcement agency if the local law enforcement agency is conducting
78.12a joint investigation.
78.13    If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
78.14or individual functioning within the family unit as a person responsible for the child's
78.15care, or sexual abuse by a person with a significant relationship to the child when that
78.16person resides in the child's household or by a sibling, the local welfare agency shall
78.17immediately conduct a family assessment or investigation as identified in clauses (1) to
78.18(4). In conducting a family assessment or investigation, the local welfare agency shall
78.19gather information on the existence of substance abuse and domestic violence and offer
78.20services for purposes of preventing future child maltreatment, safeguarding and enhancing
78.21the welfare of the abused or neglected minor, and supporting and preserving family
78.22life whenever possible. If the report alleges a violation of a criminal statute involving
78.23sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
78.24local law enforcement agency and local welfare agency shall coordinate the planning and
78.25execution of their respective investigation and assessment efforts to avoid a duplication of
78.26fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
78.27the results of its investigation. In cases of alleged child maltreatment resulting in death,
78.28the local agency may rely on the fact-finding efforts of a law enforcement investigation
78.29to make a determination of whether or not maltreatment occurred. When necessary the
78.30local welfare agency shall seek authority to remove the child from the custody of a parent,
78.31guardian, or adult with whom the child is living. In performing any of these duties, the
78.32local welfare agency shall maintain appropriate records.
78.33    If the family assessment or investigation indicates there is a potential for abuse of
78.34alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
78.35the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
78.36Rules, part 9530.6615.
79.1    (b) When a local agency receives a report or otherwise has information indicating
79.2that a child who is a client, as defined in section 245.91, has been the subject of physical
79.3abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
79.4245.91 , it shall, in addition to its other duties under this section, immediately inform the
79.5ombudsman established under sections 245.91 to 245.97. The commissioner of education
79.6shall inform the ombudsman established under sections 245.91 to 245.97 of reports
79.7regarding a child defined as a client in section 245.91 that maltreatment occurred at a
79.8school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
79.9    (c) Authority of the local welfare agency responsible for assessing or investigating
79.10the child abuse or neglect report, the agency responsible for assessing or investigating
79.11the report, and of the local law enforcement agency for investigating the alleged abuse or
79.12neglect includes, but is not limited to, authority to interview, without parental consent,
79.13the alleged victim and any other minors who currently reside with or who have resided
79.14with the alleged offender. The interview may take place at school or at any facility or
79.15other place where the alleged victim or other minors might be found or the child may be
79.16transported to, and the interview conducted at, a place appropriate for the interview of a
79.17child designated by the local welfare agency or law enforcement agency. The interview
79.18may take place outside the presence of the alleged offender or parent, legal custodian,
79.19guardian, or school official. For family assessments, it is the preferred practice to request
79.20a parent or guardian's permission to interview the child prior to conducting the child
79.21interview, unless doing so would compromise the safety assessment. Except as provided in
79.22this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
79.23local welfare or law enforcement agency no later than the conclusion of the investigation
79.24or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
79.25Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
79.26motion by the local welfare agency, order that, where reasonable cause exists, the agency
79.27withhold notification of this interview from the parent, legal custodian, or guardian. If the
79.28interview took place or is to take place on school property, the order shall specify that
79.29school officials may not disclose to the parent, legal custodian, or guardian the contents
79.30of the notification of intent to interview the child on school property, as provided under
79.31this paragraph, and any other related information regarding the interview that may be a
79.32part of the child's school record. A copy of the order shall be sent by the local welfare or
79.33law enforcement agency to the appropriate school official.
79.34    (d) When the local welfare, local law enforcement agency, or the agency responsible
79.35for assessing or investigating a report of maltreatment determines that an interview should
79.36take place on school property, written notification of intent to interview the child on school
80.1property must be received by school officials prior to the interview. The notification
80.2shall include the name of the child to be interviewed, the purpose of the interview, and
80.3a reference to the statutory authority to conduct an interview on school property. For
80.4interviews conducted by the local welfare agency, the notification shall be signed by the
80.5chair of the local social services agency or the chair's designee. The notification shall be
80.6private data on individuals subject to the provisions of this paragraph. School officials
80.7may not disclose to the parent, legal custodian, or guardian the contents of the notification
80.8or any other related information regarding the interview until notified in writing by the
80.9local welfare or law enforcement agency that the investigation or assessment has been
80.10concluded, unless a school employee or agent is alleged to have maltreated the child.
80.11Until that time, the local welfare or law enforcement agency or the agency responsible
80.12for assessing or investigating a report of maltreatment shall be solely responsible for any
80.13disclosures regarding the nature of the assessment or investigation.
80.14    Except where the alleged offender is believed to be a school official or employee,
80.15the time and place, and manner of the interview on school premises shall be within the
80.16discretion of school officials, but the local welfare or law enforcement agency shall have
80.17the exclusive authority to determine who may attend the interview. The conditions as to
80.18time, place, and manner of the interview set by the school officials shall be reasonable and
80.19the interview shall be conducted not more than 24 hours after the receipt of the notification
80.20unless another time is considered necessary by agreement between the school officials and
80.21the local welfare or law enforcement agency. Where the school fails to comply with the
80.22provisions of this paragraph, the juvenile court may order the school to comply. Every
80.23effort must be made to reduce the disruption of the educational program of the child, other
80.24students, or school staff when an interview is conducted on school premises.
80.25    (e) Where the alleged offender or a person responsible for the care of the alleged
80.26victim or other minor prevents access to the victim or other minor by the local welfare
80.27agency, the juvenile court may order the parents, legal custodian, or guardian to produce
80.28the alleged victim or other minor for questioning by the local welfare agency or the local
80.29law enforcement agency outside the presence of the alleged offender or any person
80.30responsible for the child's care at reasonable places and times as specified by court order.
80.31    (f) Before making an order under paragraph (e), the court shall issue an order to
80.32show cause, either upon its own motion or upon a verified petition, specifying the basis for
80.33the requested interviews and fixing the time and place of the hearing. The order to show
80.34cause shall be served personally and shall be heard in the same manner as provided in
80.35other cases in the juvenile court. The court shall consider the need for appointment of a
81.1guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
81.2litem shall be present at the hearing on the order to show cause.
81.3    (g) The commissioner of human services, the ombudsman for mental health and
81.4developmental disabilities, the local welfare agencies responsible for investigating reports,
81.5the commissioner of education, and the local law enforcement agencies have the right to
81.6enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
81.7including medical records, as part of the investigation. Notwithstanding the provisions of
81.8chapter 13, they also have the right to inform the facility under investigation that they are
81.9conducting an investigation, to disclose to the facility the names of the individuals under
81.10investigation for abusing or neglecting a child, and to provide the facility with a copy of
81.11the report and the investigative findings.
81.12    (h) The local welfare agency responsible for conducting a family assessment or
81.13investigation shall collect available and relevant information to determine child safety,
81.14risk of subsequent child maltreatment, and family strengths and needs and share not public
81.15information with an Indian's tribal social services agency without violating any law of the
81.16state that may otherwise impose duties of confidentiality on the local welfare agency in
81.17order to implement the tribal state agreement. The local welfare agency or the agency
81.18responsible for investigating the report shall collect available and relevant information
81.19to ascertain whether maltreatment occurred and whether protective services are needed.
81.20Information collected includes, when relevant, information with regard to the person
81.21reporting the alleged maltreatment, including the nature of the reporter's relationship to the
81.22child and to the alleged offender, and the basis of the reporter's knowledge for the report;
81.23the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
81.24collateral sources having relevant information related to the alleged maltreatment. The
81.25local welfare agency or the agency responsible for assessing or investigating the report
81.26may make a determination of no maltreatment early in an assessment investigation, and
81.27close the case and retain immunity, if the collected information shows no basis for a
81.28full assessment or investigation.
81.29    Information relevant to the assessment or investigation must be asked for, and
81.30may include:
81.31    (1) the child's sex and age, prior reports of maltreatment, information relating
81.32to developmental functioning, credibility of the child's statement, and whether the
81.33information provided under this clause is consistent with other information collected
81.34during the course of the assessment or investigation;
81.35    (2) the alleged offender's age, a record check for prior reports of maltreatment, and
81.36criminal charges and convictions. The local welfare agency or the agency responsible for
82.1assessing or investigating the report must provide the alleged offender with an opportunity
82.2to make a statement. The alleged offender may submit supporting documentation relevant
82.3to the assessment or investigation;
82.4    (3) collateral source information regarding the alleged maltreatment and care of the
82.5child. Collateral information includes, when relevant: (i) a medical examination of the
82.6child; (ii) prior medical records relating to the alleged maltreatment or the care of the
82.7child maintained by any facility, clinic, or health care professional and an interview with
82.8the treating professionals; and (iii) interviews with the child's caretakers, including the
82.9child's parent, guardian, foster parent, child care provider, teachers, counselors, family
82.10members, relatives, and other persons who may have knowledge regarding the alleged
82.11maltreatment and the care of the child; and
82.12    (4) information on the existence of domestic abuse and violence in the home of
82.13the child, and substance abuse.
82.14    Nothing in this paragraph precludes the local welfare agency, the local law
82.15enforcement agency, or the agency responsible for assessing or investigating the report
82.16from collecting other relevant information necessary to conduct the assessment or
82.17investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
82.18agency has access to medical data and records for purposes of clause (3). Notwithstanding
82.19the data's classification in the possession of any other agency, data acquired by the
82.20local welfare agency or the agency responsible for assessing or investigating the report
82.21during the course of the assessment or investigation are private data on individuals and
82.22must be maintained in accordance with subdivision 11. Data of the commissioner of
82.23education collected or maintained during and for the purpose of an investigation of
82.24alleged maltreatment in a school are governed by this section, notwithstanding the data's
82.25classification as educational, licensing, or personnel data under chapter 13.
82.26    In conducting an assessment or investigation involving a school facility as defined
82.27in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
82.28reports and data that are relevant to a report of maltreatment and are from local law
82.29enforcement and the school facility.
82.30    (i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
82.31contact with the child reported to be maltreated and with the child's primary caregiver
82.32sufficient to complete a safety assessment and ensure the immediate safety of the child.
82.33The face-to-face contact with the child and primary caregiver shall occur immediately
82.34if substantial child endangerment is alleged and within five calendar days for all other
82.35reports. If the alleged offender was not already interviewed as the primary caregiver, the
82.36local welfare agency shall also conduct a face-to-face interview with the alleged offender
83.1in the early stages of the assessment or investigation. At the initial contact, the local child
83.2welfare agency or the agency responsible for assessing or investigating the report must
83.3inform the alleged offender of the complaints or allegations made against the individual in
83.4a manner consistent with laws protecting the rights of the person who made the report.
83.5The interview with the alleged offender may be postponed if it would jeopardize an active
83.6law enforcement investigation.
83.7    (j) When conducting an investigation, the local welfare agency shall use a question
83.8and answer interviewing format with questioning as nondirective as possible to elicit
83.9spontaneous responses. For investigations only, the following interviewing methods and
83.10procedures must be used whenever possible when collecting information:
83.11    (1) audio recordings of all interviews with witnesses and collateral sources; and
83.12    (2) in cases of alleged sexual abuse, audio-video recordings of each interview with
83.13the alleged victim and child witnesses.
83.14    (k) In conducting an assessment or investigation involving a school facility as
83.15defined in subdivision 2, paragraph (i), the commissioner of education shall collect
83.16available and relevant information and use the procedures in paragraphs (i), (k), and
83.17subdivision 3d, except that the requirement for face-to-face observation of the child
83.18and face-to-face interview of the alleged offender is to occur in the initial stages of the
83.19assessment or investigation provided that the commissioner may also base the assessment
83.20or investigation on investigative reports and data received from the school facility and
83.21local law enforcement, to the extent those investigations satisfy the requirements of
83.22paragraphs (i) and (k), and subdivision 3d.

83.23    Sec. 9. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read:
83.24    Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family
83.25assessment or the investigation within 45 days of the receipt of a report. The conclusion of
83.26the assessment or investigation may be extended to permit the completion of a criminal
83.27investigation or the receipt of expert information requested within 45 days of the receipt
83.28of the report.
83.29    (b) After conducting a family assessment, the local welfare agency shall determine
83.30whether services are needed to address the safety of the child and other family members
83.31and the risk of subsequent maltreatment.
83.32    (c) After conducting an investigation, the local welfare agency shall make two
83.33determinations: first, whether maltreatment has occurred; and, second, whether child
83.34protective services are needed. No determination of maltreatment shall be made when the
83.35alleged perpetrator is a child under the age of ten.
84.1    (d) If the commissioner of education conducts an assessment or investigation,
84.2the commissioner shall determine whether maltreatment occurred and what corrective
84.3or protective action was taken by the school facility. If a determination is made that
84.4maltreatment has occurred, the commissioner shall report to the employer, the school
84.5board, and any appropriate licensing entity the determination that maltreatment occurred
84.6and what corrective or protective action was taken by the school facility. In all other cases,
84.7the commissioner shall inform the school board or employer that a report was received,
84.8the subject of the report, the date of the initial report, the category of maltreatment alleged
84.9as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
84.10of the specific reasons for the determination.
84.11    (e) When maltreatment is determined in an investigation involving a facility,
84.12the investigating agency shall also determine whether the facility or individual was
84.13responsible, or whether both the facility and the individual were responsible for the
84.14maltreatment using the mitigating factors in paragraph (i). Determinations under this
84.15subdivision must be made based on a preponderance of the evidence and are private data
84.16on individuals or nonpublic data as maintained by the commissioner of education.
84.17    (f) For the purposes of this subdivision, "maltreatment" means any of the following
84.18acts or omissions:
84.19    (1) physical abuse as defined in subdivision 2, paragraph (g);
84.20    (2) neglect as defined in subdivision 2, paragraph (f);
84.21    (3) sexual abuse as defined in subdivision 2, paragraph (d);
84.22    (4) mental injury as defined in subdivision 2, paragraph (m); or
84.23    (5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
84.24    (g) For the purposes of this subdivision, a determination that child protective
84.25services are needed means that the local welfare agency has documented conditions
84.26during the assessment or investigation sufficient to cause a child protection worker, as
84.27defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
84.28maltreatment if protective intervention is not provided and that the individuals responsible
84.29for the child's care have not taken or are not likely to take actions to protect the child
84.30from maltreatment or risk of maltreatment.
84.31    (h) This subdivision does not mean that maltreatment has occurred solely because
84.32the child's parent, guardian, or other person responsible for the child's care in good faith
84.33selects and depends upon spiritual means or prayer for treatment or care of disease
84.34or remedial care of the child, in lieu of medical care. However, if lack of medical care
84.35may result in serious danger to the child's health, the local welfare agency may ensure
84.36that necessary medical services are provided to the child.
85.1    (i) When determining whether the facility or individual is the responsible party, or
85.2whether both the facility and the individual are responsible for determined maltreatment in
85.3a facility, the investigating agency shall consider at least the following mitigating factors:
85.4    (1) whether the actions of the facility or the individual caregivers were according to,
85.5and followed the terms of, an erroneous physician order, prescription, individual care plan,
85.6or directive; however, this is not a mitigating factor when the facility or caregiver was
85.7responsible for the issuance of the erroneous order, prescription, individual care plan, or
85.8directive or knew or should have known of the errors and took no reasonable measures to
85.9correct the defect before administering care;
85.10    (2) comparative responsibility between the facility, other caregivers, and
85.11requirements placed upon an employee, including the facility's compliance with related
85.12regulatory standards and the adequacy of facility policies and procedures, facility training,
85.13an individual's participation in the training, the caregiver's supervision, and facility staffing
85.14levels and the scope of the individual employee's authority and discretion; and
85.15    (3) whether the facility or individual followed professional standards in exercising
85.16professional judgment.
85.17The evaluation of the facility's responsibility under clause (2) must not be based on the
85.18completeness of the risk assessment or risk reduction plan required under section 245A.66,
85.19but must be based on the facility's compliance with the regulatory standards for policies
85.20and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
85.21Rules.
85.22    (j) Notwithstanding paragraph (i), when maltreatment is determined to have been
85.23committed by an individual who is also the facility license holder, both the individual and
85.24the facility must be determined responsible for the maltreatment, and both the background
85.25study disqualification standards under section 245C.15, subdivision 4, and the licensing
85.26actions under sections 245A.06 or 245A.07 apply.
85.27(k) Individual counties may implement more detailed definitions or criteria that
85.28indicate which allegations to investigate, as long as a county's policies are consistent
85.29with the definitions in the statutes and rules and are approved by the county board. Each
85.30local welfare agency shall periodically inform mandated reporters under subdivision 3
85.31who work in the county of the definitions of maltreatment in the statutes and rules and any
85.32additional definitions or criteria that have been approved by the county board.

85.33    Sec. 10. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
85.34    Subd. 10f. Notice of determinations. Within ten working days of the conclusion
85.35of a family assessment, the local welfare agency shall notify the parent or guardian
86.1of the child of the need for services to address child safety concerns or significant risk
86.2of subsequent child maltreatment. The local welfare agency and the family may also
86.3jointly agree that family support and family preservation services are needed. Within ten
86.4working days of the conclusion of an investigation, the local welfare agency or agency
86.5responsible for assessing or investigating the report shall notify the parent or guardian
86.6of the child, the person determined to be maltreating the child, and if applicable, the
86.7director of the facility, of the determination and a summary of the specific reasons for
86.8the determination. When the investigation involves a child foster care setting that is
86.9monitored by a private licensing agency under section 245A.16, the local welfare agency
86.10responsible for assessing or investigating the report shall notify the private licensing
86.11agency of the determination and shall provide a summary of the specific reasons for
86.12the determination. The notice to the private licensing agency must include identifying
86.13private data, but not the identity of the reporter of maltreatment. The notice must also
86.14include a certification that the information collection procedures under subdivision 10,
86.15paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to
86.16obtain access to other private data on the subject collected, created, or maintained under
86.17this section. In addition, the notice shall include the length of time that the records will be
86.18kept under subdivision 11c. The investigating agency shall notify the parent or guardian
86.19of the child who is the subject of the report, and any person or facility determined to
86.20have maltreated a child, of their appeal or review rights under this section or section
86.21256.022 . The notice must also state that a finding of maltreatment may result in denial of a
86.22license application or background study disqualification under chapter 245C related to
86.23employment or services that are licensed by the Department of Human Services under
86.24chapter 245A, the Department of Health under chapter 144 or 144A, the Department of
86.25Corrections under section 241.021, and from providing services related to an unlicensed
86.26personal care provider organization under chapter 256B.

86.27    Sec. 11. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
86.28    Subd. 10i. Administrative reconsideration; review panel. (a) Administrative
86.29reconsideration is not applicable in family assessments since no determination concerning
86.30maltreatment is made. For investigations, except as provided under paragraph (e), an
86.31individual or facility that the commissioner of human services, a local social service
86.32agency, or the commissioner of education determines has maltreated a child, an interested
86.33person acting on behalf of the child, regardless of the determination, who contests
86.34the investigating agency's final determination regarding maltreatment, may request the
86.35investigating agency to reconsider its final determination regarding maltreatment. The
87.1request for reconsideration must be submitted in writing to the investigating agency within
87.215 calendar days after receipt of notice of the final determination regarding maltreatment
87.3or, if the request is made by an interested person who is not entitled to notice, within
87.415 days after receipt of the notice by the parent or guardian of the child. If mailed, the
87.5request for reconsideration must be postmarked and sent to the investigating agency
87.6within 15 calendar days of the individual's or facility's receipt of the final determination. If
87.7the request for reconsideration is made by personal service, it must be received by the
87.8investigating agency within 15 calendar days after the individual's or facility's receipt of the
87.9final determination. Effective January 1, 2002, an individual who was determined to have
87.10maltreated a child under this section and who was disqualified on the basis of serious or
87.11recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration
87.12of the maltreatment determination and the disqualification. The request for reconsideration
87.13of the maltreatment determination and the disqualification must be submitted within 30
87.14calendar days of the individual's receipt of the notice of disqualification under sections
87.15245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment
87.16determination and the disqualification must be postmarked and sent to the investigating
87.17agency within 30 calendar days of the individual's receipt of the maltreatment
87.18determination and notice of disqualification. If the request for reconsideration is made by
87.19personal service, it must be received by the investigating agency within 30 calendar days
87.20after the individual's receipt of the notice of disqualification.
87.21    (b) Except as provided under paragraphs (e) and (f), if the investigating agency
87.22denies the request or fails to act upon the request within 15 working days after receiving
87.23the request for reconsideration, the person or facility entitled to a fair hearing under
87.24section 256.045 may submit to the commissioner of human services or the commissioner
87.25of education a written request for a hearing under that section. Section 256.045 also
87.26governs hearings requested to contest a final determination of the commissioner of
87.27education. For reports involving maltreatment of a child in a facility, an interested person
87.28acting on behalf of the child may request a review by the Child Maltreatment Review
87.29Panel under section 256.022 if the investigating agency denies the request or fails to act
87.30upon the request or if the interested person contests a reconsidered determination. The
87.31investigating agency shall notify persons who request reconsideration of their rights under
87.32this paragraph. The request must be submitted in writing to the review panel and a copy
87.33sent to the investigating agency within 30 calendar days of receipt of notice of a denial
87.34of a request for reconsideration or of a reconsidered determination. The request must
87.35specifically identify the aspects of the agency determination with which the person is
87.36dissatisfied. The hearings specified under this section are the only administrative appeal of
88.1a decision issued under paragraph (a). Determinations under this section are not subject to
88.2accuracy and completeness challenges under section 13.04.
88.3    (c) If, as a result of a reconsideration or review, the investigating agency changes
88.4the final determination of maltreatment, that agency shall notify the parties specified in
88.5subdivisions 10b, 10d, and 10f.
88.6    (d) Except as provided under paragraph (f), if an individual or facility contests the
88.7investigating agency's final determination regarding maltreatment by requesting a fair
88.8hearing under section 256.045, the commissioner of human services shall assure that the
88.9hearing is conducted and a decision is reached within 90 days of receipt of the request for
88.10a hearing. The time for action on the decision may be extended for as many days as the
88.11hearing is postponed or the record is held open for the benefit of either party.
88.12    (e) If an individual was disqualified under sections 245C.14 and 245C.15, on
88.13the basis of a determination of maltreatment, which was serious or recurring, and
88.14the individual has requested reconsideration of the maltreatment determination under
88.15paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
88.16to 245C.27, reconsideration of the maltreatment determination and reconsideration of the
88.17disqualification shall be consolidated into a single reconsideration. If reconsideration
88.18of the maltreatment determination is denied and the individual remains disqualified
88.19following a reconsideration decision, the individual may request a fair hearing under
88.20section 256.045. If an individual requests a fair hearing on the maltreatment determination
88.21and the disqualification, the scope of the fair hearing shall include both the maltreatment
88.22determination and the disqualification.
88.23    (f) If a maltreatment determination or a disqualification based on serious or recurring
88.24maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
88.25sanction under section 245A.07, the license holder has the right to a contested case hearing
88.26under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
88.27under section 245A.08, subdivision 2a, the scope of the contested case hearing shall
88.28include the maltreatment determination, disqualification, and licensing sanction or denial
88.29of a license. In such cases, a fair hearing regarding the maltreatment determination and
88.30disqualification shall not be conducted under section 256.045. Except for family child
88.31care and child foster care, reconsideration of a maltreatment determination as provided
88.32under this subdivision, and reconsideration of a disqualification as provided under section
88.33245C.22 , shall also not be conducted when:
88.34    (1) a denial of a license under section 245A.05 or a licensing sanction under section
88.35245A.07 , is based on a determination that the license holder is responsible for maltreatment
88.36or the disqualification of a license holder based on serious or recurring maltreatment;
89.1    (2) the denial of a license or licensing sanction is issued at the same time as the
89.2maltreatment determination or disqualification; and
89.3    (3) the license holder appeals the maltreatment determination or disqualification, and
89.4denial of a license or licensing sanction.
89.5    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
89.6determination or disqualification, but does not appeal the denial of a license or a licensing
89.7sanction, reconsideration of the maltreatment determination shall be conducted under
89.8sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
89.9disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
89.10shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
89.11626.557, subdivision 9d .
89.12    If the disqualified subject is an individual other than the license holder and upon
89.13whom a background study must be conducted under chapter 245C, the hearings of all
89.14parties may be consolidated into a single contested case hearing upon consent of all parties
89.15and the administrative law judge.
89.16    (g) For purposes of this subdivision, "interested person acting on behalf of the
89.17child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
89.18stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
89.19determined to be the perpetrator of the maltreatment.

89.20    Sec. 12. Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to
89.21read:
89.22    Subd. 10k. Release of certain assessment or investigative records to other
89.23counties. Records maintained under subdivision 11c, paragraph (a), may be shared with
89.24another local welfare agency that requests the information because it is conducting an
89.25assessment or investigation under this section of the subject of the records.

89.26    Sec. 13. REVISOR'S INSTRUCTION.
89.27(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
89.28in column A with the number listed in column B.

89.29		Column A	Column B
89.30		259.69	259A.05, subd. 5
89.31		260C.217	260C.139
89.32		260C.501	260C.177
89.33		260C.201, subd. 10	260C.202
89.34		260C.212, subd. 7	260C.203
89.35		260C.201, subd. 11a	260C.204
90.1		260C.212, subd. 4	260C.219
90.2		260C.212, subd. 5	260C.221
90.3		260C.213	260C.223
90.4		260C.206	260C.225
90.5		260C.212, subd. 8	260C.227
90.6		260C.212, subd. 6	260C.521, subd. 4
90.7		260C.205	260D.11

90.8(b) The revisor of statutes shall make necessary cross-reference changes in
90.9Minnesota Statutes and Minnesota Rules consistent with the numbering in articles 1 and
90.102 and the renumbering in paragraph (a).

90.11    Sec. 14. REPEALER.
90.12(a) Minnesota Statutes 2010, sections 256.022; 259.67; 259.71; 260C.201,
90.13subdivision 11; 260C.215, subdivision 2; and 260C.456, are repealed.
90.14(b) Minnesota Rules, parts 9560.0071; 9560.0082; 9560.0083; 9560.0091;
90.159560.0093, subparts 1, 3, and 4; 9560.0101; and 9560.0102, are repealed.

90.16    Sec. 15. EFFECTIVE DATE.
90.17This article is effective August 1, 2012."