1.1.................... moves to amend H.F. No. 2476, the second engrossment, as follows:
1.2Page 6, after line 28, insert:
1.3 "Sec. .... Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:
1.4 Subd. 6.
Child in need of protection or services. "Child in need of protection or
1.5services" means a child who is in need of protection or services because the child:
1.6 (1) is abandoned or without parent, guardian, or custodian;
1.7 (2)(i) has been a victim of physical or sexual abuse as defined in section
260E.03,
1.8subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined
1.9in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides
with or
1.10would reside with a perpetrator of domestic child abuse as defined in subdivision
13 or child
1.11abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
as
1.12defined in subdivision 15;
1.13 (3) is without necessary food, clothing, shelter, education, or other required care
for the
1.14child's physical or mental health or morals because the child's parent, guardian,
or custodian
1.15is unable or unwilling to provide that care;
1.16 (4) is without the special care made necessary by a physical, mental, or emotional
1.17condition because the child's parent, guardian, or custodian is unable or unwilling
to provide
1.18that care;
1.19 (5) is medically neglected, which includes, but is not limited to, the withholding
of
1.20medically indicated treatment from an infant with a disability with a life-threatening
1.21condition. The term "withholding of medically indicated treatment" means the failure
to
1.22respond to the infant's life-threatening conditions by providing treatment, including
1.23appropriate nutrition, hydration, and medication which, in the treating physician's,
advanced
1.24practice registered nurse's, or physician assistant's reasonable medical judgment,
will be
2.1most likely to be effective in ameliorating or correcting all conditions, except that
the term
2.2does not include the failure to provide treatment other than appropriate nutrition,
hydration,
2.3or medication to an infant when, in the treating physician's, advanced practice registered
2.4nurse's, or physician assistant's reasonable medical judgment:
2.5 (i) the infant is chronically and irreversibly comatose;
2.6 (ii) the provision of the treatment would merely prolong dying, not be effective in
2.7ameliorating or correcting all of the infant's life-threatening conditions, or otherwise
be
2.8futile in terms of the survival of the infant; or
2.9 (iii) the provision of the treatment would be virtually futile in terms of the survival
of
2.10the infant and the treatment itself under the circumstances would be inhumane;
2.11 (6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved
2.12of the child's care and custody, including a child who entered foster care under a
voluntary
2.13placement agreement between the parent and the responsible social services agency
under
2.14section
260C.227;
2.15 (7) has been placed for adoption or care in violation of law;
2.16 (8) is without proper parental care because of the emotional, mental, or physical
disability,
2.17or state of immaturity of the child's parent, guardian, or other custodian
. A child is not
2.18considered to be without proper parental care based solely on the disability of the
child's
2.19parent, guardian, or custodian;
2.20 (9) is one whose behavior, condition, or environment is such as to be injurious or
2.21dangerous to the child or others. An injurious or dangerous environment may include,
but
2.22is not limited to, the exposure of a child to criminal activity in the child's home;
2.23 (10) is experiencing growth delays, which may be referred to as failure to thrive,
that
2.24have been diagnosed by a physician and are due to parental neglect;
2.25 (11) is a sexually exploited youth;
2.26 (12) has committed a delinquent act or a juvenile petty offense before becoming ten
2.27years old;
2.28 (13) is a runaway;
2.29 (14) is a habitual truant;
2.30 (15) has been found incompetent to proceed or has been found not guilty by reason
of
2.31mental illness or mental deficiency in connection with a delinquency proceeding, a
3.1certification under section
260B.125, an extended jurisdiction juvenile prosecution, or a
3.2proceeding involving a juvenile petty offense; or
3.3(16) has a parent whose parental rights to one or more other children were involuntarily
3.4terminated or whose custodial rights to another child have been involuntarily transferred
to
3.5a relative and there is a case plan prepared by the responsible social services agency
3.6documenting a compelling reason why filing the termination of parental rights petition
under
3.7section
260C.503, subdivision 2, is not in the best interests of the child."
3.8Renumber the sections in sequence and correct the internal references
3.9Amend the title accordingly