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Abeler from the Committee on Health and Human Services Finance to which was referred:
S. F. No. 1675, A bill for an act relating to human services; modifying provisions related to children and family services; reforming adoptions under guardianship of the commissioner; modifying statutory provisions related to child support, child care, child safety, and MFIP; amending Minnesota Statutes 2010, sections 13.46, subdivision 2; 13.461, subdivision 17; 13.465, by adding a subdivision; 119B.09, subdivision 7; 119B.12, subdivisions 1, 2; 119B.125, subdivisions 1a, 2, 6; 119B.13, subdivision 6; 145.902, subdivisions 1, 3; 256.998, subdivisions 1, 5; 256J.08, subdivision 11; 256J.24, subdivisions 2, 5; 256J.32, subdivision 6; 256J.621; 256J.68, subdivision 7; 256J.95, subdivision 3; 257.01; 257.75, subdivision 7; 259.22, subdivision 2; 259.23, subdivision 1; 259.24, subdivisions 1, 3, 5, 6a, 7; 259.29, subdivision 2; 259.69; 259.73; 260.012; 260C.001; 260C.007, subdivision 4, by adding subdivisions; 260C.101, subdivision 2; 260C.150, subdivision 1; 260C.157, subdivision 1; 260C.163, subdivisions 1, 4; 260C.178, subdivisions 1, 7; 260C.193, subdivisions 3, 6; 260C.201, subdivisions 2, 10, 11a; 260C.212, subdivisions 1, 2, 5, 7; 260C.215, subdivisions 4, 6; 260C.217; 260C.301, subdivisions 1, 8; 260C.317, subdivisions 3, 4; 260C.325, subdivisions 1, 3, 4; 260C.328; 260C.451; 260D.08; 518C.205; 541.04; 548.09, subdivision 1; 609.3785; 626.556, subdivisions 2, 10, 10e, 10f, 10i, 10k, 11; Minnesota Statutes 2011 Supplement, sections 119B.13, subdivision 1; 256.01, subdivision 14b; proposing coding for new law in Minnesota Statutes, chapters 260C; 611; proposing coding for new law as Minnesota Statutes, chapter 259A; repealing Minnesota Statutes 2010, sections 256.022; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, subdivision 2; 260C.456; Minnesota Rules, parts 9560.0071; 9560.0082; 9560.0083; 9560.0091; 9560.0093, subparts 1, 3, 4; 9560.0101; 9560.0102.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CHILDREN AND FAMILIES POLICY PROVISIONS
Section 1. Minnesota Statutes 2010, section 13.461, subdivision 17, is amended to read:
Subd. 17. Maltreatment
review panels. Data of the
vulnerable adult maltreatment review panel or the child maltreatment review
panel are classified under section 256.021 or 256.022.
Sec. 2. Minnesota Statutes 2010, section 13.465, is amended by adding a subdivision to read:
Subd. 5a. Adoptive
parent. Certain data that may
be disclosed to a prospective adoptive parent is governed by section 260C.613,
subdivision 2.
Sec. 3. Minnesota Statutes 2010, section 256.998, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is owed compensation by an employer; or (2) the first day that an employee reports to work or performs labor or services for an employer.
(c) "Earnings" means payment owed by an employer for labor or services rendered by an employee.
(d) "Employee" means a person who resides or works in Minnesota, performs services for compensation, in whatever form, for an employer and satisfies the criteria of an employee under chapter 24 of the Internal Revenue Code. Employee does not include:
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7821
(1)
persons hired for domestic service in the private home of the employer, as
defined in the Federal Tax Code; or
(2) an employee of the federal or state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting according to this law would endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(e) "Employer" means a person or entity located or doing business in this state that employs one or more employees for payment, and satisfies the criteria of an employer under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as defined in paragraph (g). Employer also includes the state, political or other governmental subdivisions of the state, and the federal government.
(f) "Hiring" means engaging a
person to perform services for compensation and includes the reemploying or
return to work of any previous employee who was laid off, furloughed,
separated, granted a leave without pay, or terminated from employment when a
period of 90 60 days elapses from the date of layoff, furlough,
separation, leave, or termination to the date of the person's return to work.
(g) "Labor organization" means entities located or doing business in this state that meet the criteria of labor organization under section 2(5) of the National Labor Relations Act. This includes any entity, that may also be known as a hiring hall, used to carry out requirements described in chapter 7 of the National Labor Relations Act.
(h) "Payor" means a person or entity located or doing business in Minnesota who pays money to an independent contractor according to an agreement for the performance of services.
Sec. 4. Minnesota Statutes 2010, section 256.998, subdivision 5, is amended to read:
Subd. 5. Report
contents. Reports required under
this section must contain: all the information required by federal
law.
(1) the employee's name, address,
Social Security number, and date of birth when available, which can be
handwritten or otherwise added to the W-4 form, W-9 form, or other document
submitted; and
(2) the employer's name, address, and
federal identification number.
Sec. 5. Minnesota Statutes 2010, section 256J.24, subdivision 5, is amended to read:
Subd. 5. MFIP
transitional standard. The MFIP
transitional standard is based on the number of persons in the assistance unit
eligible for both food and cash assistance unless the restrictions in
subdivision 6 on the birth of a child apply.
The following table represents the transitional standards including a
breakdown of the cash and food portions effective October 1, 2009.
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The amount of the transitional standard is published
annually by the Department of Human Services.
Sec. 6. Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read:
Subd. 2. Persons
who may be adopted. No petition for
adoption shall be filed unless the person sought to be adopted has been placed
by the commissioner of human services, the commissioner's agent, or a
licensed child-placing agency. The provisions
of this subdivision shall not apply if:
(1) the person to be adopted is over 14 years of age;
(2) the child is sought to be adopted by an individual who is related to the child, as defined by section 245A.02, subdivision 13;
(3) the child has been lawfully placed under the laws of another state while the child and petitioner resided in that other state;
(4) the court waives the requirement of this subdivision in the best interests of the child or petitioners, provided that the adoption does not involve a placement as defined in section 259.21, subdivision 8; or
(5) the child has been lawfully placed under section 259.47.
Sec. 7. Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read:
Subdivision 1. Venue. (a) Except as provided in section
260C.101, subdivision 2, The juvenile court shall have original
jurisdiction in all adoption proceedings.
The proper venue for an adoption proceeding shall be the county of the
petitioner's residence, except as provided in paragraph (b) section
260C.621, subdivision 2, for the adoption of children under the guardianship of
the commissioner.
(b) Venue for the adoption of a child
committed to the guardianship of the commissioner of human services shall be
the county with jurisdiction in the matter according to section 260C.317,
subdivision 3.
(c) Upon request of the petitioner, the
court having jurisdiction over the matter under section 260C.317, subdivision
3, may transfer venue of an adoption proceeding involving a child under the
guardianship of the commissioner to the county of the petitioner's residence
upon determining that:
(1) the commissioner has given consent
to the petitioner's adoption of the child or that consent is unreasonably
withheld;
(2) there is no other adoption petition
for the child that has been filed or is reasonably anticipated by the
commissioner or the commissioner's delegate to be filed; and
(3) transfer of venue is in the best
interests of the child.
Transfer of venue under this paragraph shall be according to the rules of adoption court procedure.
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(d) (b) In all other
adoptions under this chapter, if the petitioner has acquired a new
residence in another county and requests a transfer of the adoption proceeding,
the court in which an adoption is initiated may transfer the proceeding to the
appropriate court in the new county of residence if the transfer is in the best
interests of the person to be adopted.
The court transfers the proceeding by ordering a continuance and by
forwarding to the court administrator of the appropriate court a certified copy
of all papers filed, together with an order of transfer. The transferring court also shall forward
copies of the order of transfer to the commissioner of human services and any
agency participating in the proceedings.
The judge of the receiving court shall accept the order of the transfer
and any other documents transmitted and hear the case; provided, however, the
receiving court may in its discretion require the filing of a new petition
prior to the hearing.
Sec. 8. Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read:
Subdivision 1. Exceptions. (a) No child shall be adopted
without the consent of the child's parents and the child's guardian, if there
be one, except in the following instances consent is not required of
a parent:
(a) Consent shall not be required of a parent
(1) who is not entitled to notice of the proceedings.;
(b)
Consent shall not be required of a parent (2) who has abandoned the child, or of a parent who has lost
custody of the child through a divorce decree or a decree of
dissolution, and upon whom notice has been served as required by section
259.49.; or
(c) Consent shall not be required of a
parent (3) whose parental rights to the child have been terminated
by a juvenile court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior adoption
proceeding.
(d) If there be no parent or guardian
qualified to consent to the adoption, the consent shall be given by the
commissioner. After the court accepts a
parent's consent to the adoption under section 260C.201, subdivision 11,
consent by the commissioner or commissioner's delegate is also necessary. Agreement to the identified prospective
adoptive parent by the responsible social services agency under section
260C.201, subdivision 11, does not constitute the required consent.
(e) (b) If there is no parent or
guardian qualified to consent to the adoption, the commissioner or
agency having authority to place a child for adoption pursuant to section
259.25, subdivision 1, shall have the exclusive right to consent to the
adoption of such the child.
The commissioner or agency shall make every effort to place
siblings together for adoption. Notwithstanding
any rule to the contrary, the commissioner may delegate the right to consent to
the adoption or separation of siblings, if it is in the child's best interest,
to a local social services agency.
Sec. 9. Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read:
Subd. 3.
Child. When the child to be adopted is over 14
years of age, the child's written consent to adoption by a particular person is
also necessary. A child of any age
who is under the guardianship of the commissioner and is legally available for
adoption may not refuse or waive the commissioner's agent's exhaustive efforts
to recruit, identify, and place the child in an adoptive home required under
section 260C.317, subdivision 3, paragraph (b), or sign a document relieving
county social services agencies of all recruitment efforts on the child's
behalf.
Sec. 10. Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read:
Subd. 5. Execution. All consents to an adoption shall be in
writing, executed before two competent witnesses, and acknowledged by the
consenting party. In addition, all
consents to an adoption, except those by the commissioner, the commissioner's
agent, a licensed child-placing agency, an adult adoptee, or the child's parent
in a petition for adoption by a stepparent, shall be executed before a
representative of the commissioner, the commissioner's agent, or a licensed
child-placing agency. All consents
by a parent to adoption under this chapter:
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(1) shall contain notice to the parent of
the substance of subdivision 6a, providing for the right to withdraw consent
unless the parent will not have the right to withdraw consent because
consent was executed under section 260C.201, subdivision 11, following proper
notice that consent given under that provision is irrevocable upon acceptance
by the court as provided in subdivision 6a; and
(2) shall contain the following written notice in all capital letters at least one-eighth inch high:
"This The agency responsible
for supervising the adoptive placement of the child will submit your consent
to adoption to the court. If you are
consenting to adoption by the child's stepparent, the consent will be submitted
to the court by the petitioner in your child's adoption. The consent itself does not terminate your
parental rights. Parental rights to a
child may be terminated only by an adoption decree or by a court order
terminating parental rights. Unless the
child is adopted or your parental rights are terminated, you may be asked to
support the child."
Consents shall be filed in the adoption proceedings at any time before the matter is heard provided, however, that a consent executed and acknowledged outside of this state, either in accordance with the law of this state or in accordance with the law of the place where executed, is valid.
Sec. 11. Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read:
Subd. 6a. Withdrawal
of consent. Except for consents
executed under section 260C.201, subdivision 11, A parent's consent to
adoption under this chapter may be withdrawn for any reason within ten
working days after the consent is executed and acknowledged. No later than the tenth working day after
the consent is executed and acknowledged, written notification of
withdrawal of consent must be received by:
(1) the agency to which the child was surrendered no later than
the tenth working day after the consent is executed and acknowledged;
(2) the agency supervising the adoptive placement of the child; or (3) in the
case of adoption by the step parent or any adoption not involving agency
placement or supervision, by the district court where the adopting stepparent
or parent resides. On the day
following the tenth working day after execution and acknowledgment, the consent
shall become irrevocable, except upon order of a court of competent
jurisdiction after written findings that consent was obtained by fraud. A consent to adopt executed under section
260C.201, subdivision 11, is irrevocable upon proper notice to both parents of
the effect of a consent to adopt and acceptance by the court, except upon order
of the same court after written findings that the consent was obtained by
fraud. In proceedings to determine the
existence of fraud, the adoptive parents and the child shall be made parties. The proceedings shall be conducted to
preserve the confidentiality of the adoption process. There shall be no presumption in the
proceedings favoring the birth parents over the adoptive parents.
Sec. 12. Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read:
Subd. 7. Withholding
consent; reason. Consent to an
adoption shall not be unreasonably withheld by a guardian, who is not a parent
of the child, by the commissioner or by an agency.
Sec. 13. Minnesota Statutes 2010, section 259.29, subdivision 2, is amended to read:
Subd. 2. Placement with relative or friend. The authorized child-placing agency shall consider placement, consistent with the child's best interests and in the following order, with (1) a relative or relatives of the child, or (2) an important friend with whom the child has resided or had significant contact. In implementing this section, an authorized child-placing agency may disclose private or confidential data, as defined in section 13.02, to relatives of the child for the purpose of locating a suitable adoptive home. The agency shall disclose only data that is necessary to facilitate implementing the preference.
If the child's birth parent or parents
explicitly request that placement with relatives a specific relative
or important friends friend not be considered, the authorized
child-placing agency shall honor that request if it is consistent with
the best interests of the child and consistent with the requirements of
sections 260C.212, subdivision 2, and 260C.221.
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If the child's birth parent or parents express a preference for placing the child in an adoptive home of the same or a similar religious background to that of the birth parent or parents, the agency shall place the child with a family that meets the birth parent's religious preference.
This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
Subd. 3. Best interest of the child in foster care or
residential care. (a) The policy
of the state is to ensure that the best interests of children in foster or
residential care are met by requiring individualized determinations under
section 260C.212, subdivision 2, paragraph (b), of the needs of the child and
of how the selected placement will serve the needs of the child in foster care
placements.
(b) The court shall review whether the responsible social
services agency made efforts as required under section 260C.212, subdivision
5 260C.221, and made an individualized determination as required
under section 260C.212, subdivision 2.
If the court finds the agency has not made efforts as required under
section 260C.212, subdivision 5 260C.221, and there is a relative
who qualifies to be licensed to provide family foster care under chapter 245A,
the court may order the child placed with the relative consistent with the
child's best interests.
(c) If the child's birth parent or parents explicitly request that a relative or important friend not be considered, the court shall honor that request if it is consistent with the best interests of the child and consistent with the requirements of section 260C.221. If the child's birth parent or parents express a preference for placing the child in a foster or adoptive home of the same or a similar religious background to that of the birth parent or parents, the court shall order placement of the child with an individual who meets the birth parent's religious preference.
(d) Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child.
(e) Whenever possible, siblings requiring foster care placement should be placed together unless it is determined not to be in the best interests of a sibling after weighing the benefits of separate placement against the benefits of sibling connections for each sibling. If siblings are not placed together according to section 260C.212, subdivision 2, paragraph (d), the responsible social services agency shall report to the court the efforts made to place the siblings together and why the efforts were not successful. If the court is not satisfied with the agency's efforts to place siblings together, the court may order the agency to make further efforts. If siblings are not placed together the court shall review the responsible social services agency's plan for visitation among siblings required as part of the out-of-home placement plan under section 260C.212.
(f) This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
Sec. 15. Minnesota Statutes 2010, section 260C.201, subdivision 11a, is amended to read:
Subd. 11a. Permanency progress review for
children under eight in foster care for six months. (a) If the child was under eight years
of age at the time the petition was filed alleging the child was in need of
protection or services, and the When a child continues in placement
out of the home of the parent or guardian from whom the child was removed, no
later than six months after the child's placement the court shall conduct a
permanency progress hearing to review:
(1) the progress of the case, the parent's progress
on the case plan or out-of-home placement plan, and whichever
is applicable;
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(2) the agency's reasonable, or
in the case of an Indian child, active efforts for reunification and its
provision of services.;
(3) the agency's reasonable efforts to
finalize the permanent plan for the child under section 260.012, paragraph (e),
and to make a placement as required under section 260C.212, subdivision 2, in a
home that will commit to being the legally permanent family for the child in
the event the child cannot return home according to the timelines in this
section; and
(4) in the case of an Indian child,
active efforts to prevent the breakup of the Indian family and to make a
placement according to the placement preferences under United States Code,
title 25, chapter 21, section 1915.
(b) Based on its assessment of the
parent's or guardian's progress on the out-of-home placement plan, the
responsible social services agency must ask the county attorney to file a
petition for termination of parental rights, a petition for transfer of permanent legal and physical custody to a
relative, or the report required under juvenile court rules.
(b) The court shall ensure that notice
of the hearing is sent to any relative who:
(1) responded to the agency's notice provided under section 260C.221, indicating an interest in participating in planning for the child or being a permanency resource for the child and who has kept the court apprised of the relative's address; or
(2) asked to be notified of court proceedings regarding the child as is
permitted in section 260C.152, subdivision 5.
(c)(1) If the parent or guardian has maintained contact with the child and is complying with the court-ordered out-of-home placement plan, and if the child would benefit from reunification with the parent, the court may either:
(i) return the child home, if the conditions which led to the out-of-home placement have been sufficiently mitigated that it is safe and in the child's best interests to return home; or
(ii) continue the matter up to a total of six additional months. If the child has not returned home by the end of the additional six months, the court must conduct a hearing according to subdivision 11.
(2) If the court determines that the
parent or guardian is not complying with the out-of-home placement plan or is
not maintaining regular contact with the child as outlined in the visitation
plan required as part of the out-of-home placement plan under section 260C.212,
the court may order the responsible social services agency:
(i) to develop a plan for legally
permanent placement of the child away from the parent and;
(ii) to consider, identify, recruit,
and support one or more permanency resources from the child's relatives and
foster parent to be the legally permanent home in the event the child cannot be
returned to the parent. Any relative or
the child's foster parent may ask the court to order the agency to consider
them for permanent placement of the child in the event the child cannot be
returned to the parent. A relative or
foster parent who wants to be considered under this item shall cooperate with
the background study required under section 245C.08, if the individual has not
already done so, and with the home study process required under chapter 245A
for providing child foster care and for adoption under section 259.41. The home study referred to in this item shall
be a single-home study in the form required by the commissioner of human
services or similar study required by the individual's state of residence when
the subject of the study is not a resident of Minnesota. The court may order the responsible social
services agency to make a referral under the Interstate Compact on the
Placement of Children when necessary to obtain a home study for an individual
who wants to be considered for transfer of permanent legal and physical custody
or adoption of the child; and
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(iii) to file a petition to support an order for the legally permanent placement plan.
(d) Following the review under paragraphs (b) and (c)
this subdivision:
(1) if the court has either returned the child home or continued the matter up to a total of six additional months, the agency shall continue to provide services to support the child's return home or to make reasonable efforts to achieve reunification of the child and the parent as ordered by the court under an approved case plan;
(2) if the court orders the agency to develop a plan for
the transfer of permanent legal and physical custody of the child to a
relative, a petition supporting the plan shall be filed in juvenile court
within 30 days of the hearing required under this subdivision and a trial on
the petition held within 30 60 days of the filing of the
pleadings; or
(3) if the court orders the agency to file a termination of
parental rights, unless the county attorney can show cause why a termination of
parental rights petition should not be filed, a petition for termination of
parental rights shall be filed in juvenile court within 30 days of the hearing
required under this subdivision and a trial on the petition held within 90
60 days of the filing of the petition.
Sec. 16. Minnesota Statutes 2010, section 260C.212, subdivision 1, is amended to read:
Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall be prepared within 30 days after any child is placed in foster care by court order or a voluntary placement agreement between the responsible social services agency and the child's parent pursuant to subdivision 8 or chapter 260D.
(b) An out-of-home placement plan means a written document
which is prepared by the responsible social services agency jointly with the
parent or parents or guardian of the child and in consultation with the child's
guardian ad litem, the child's tribe, if the child is an Indian child, the
child's foster parent or representative of the residential foster
care facility, and, where appropriate, the child. For a child in voluntary foster care for
treatment under chapter 260D, preparation of the out-of-home placement plan
shall additionally include the child's mental health treatment provider. As appropriate, the plan shall be:
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, a representative of the child's tribe, the responsible social services agency, and, if possible, the child.
(c) The out-of-home placement plan shall be explained to all persons involved in its implementation, including the child who has signed the plan, and shall set forth:
(1) a description of the residential facility foster
care home or facility selected including how the out-of-home placement plan
is designed to achieve a safe placement for the child in the least restrictive,
most family-like, setting available which is in close proximity to the home of
the parent or parents or guardian of the child when the case plan goal is
reunification, and how the placement is consistent with the best interests and
special needs of the child according to the factors under subdivision 2,
paragraph (b);
(2) the specific reasons for the placement of the child in a
residential facility foster care, and when reunification is the
plan, a description of the problems or conditions in the home of the parent or
parents which necessitated removal of the child from home and the changes the
parent or parents must make in order for the child to safely return home;
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(3) a description of the services offered and provided to prevent removal of the child from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate or correct the problems or conditions identified in clause (2), and the time period during which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to achieve a safe and stable home for the child including social and other supportive services to be provided or offered to the parent or parents or guardian of the child, the child, and the residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the child's parent, guardian, foster parent, or custodian since the date of the child's placement in the residential facility, and whether those services or resources were provided and if not, the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interest of the child, during the period the child is in foster care;
(6) documentation of steps to finalize the adoption or legal guardianship of the child if the court has issued an order terminating the rights of both parents of the child or of the only known, living parent of the child. At a minimum, the documentation must include child-specific recruitment efforts such as relative search and the use of state, regional, and national adoption exchanges to facilitate orderly and timely placements in and outside of the state. A copy of this documentation shall be provided to the court in the review required under section 260C.317, subdivision 3, paragraph (b);
(7) efforts to ensure the child's educational stability while in foster care, including:
(i) efforts to ensure that the child in
placement remains in the same school in which the child was enrolled prior
to placement or upon the child's move from one placement to another,
including efforts to work with the local education authorities to ensure the
child's educational stability; or
(ii) if it is not in the child's best interest to remain in the same school that the child was enrolled in prior to placement or move from one placement to another, efforts to ensure immediate and appropriate enrollment for the child in a new school;
(8) the educational records of the child including the most recent information available regarding:
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
(9) the efforts by the local agency to ensure the oversight and continuity of health care services for the foster child, including:
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(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens, including any known communicable diseases, as defined in section 144.4172, subdivision 2, will be monitored and treated while the child is in foster care;
(iii) how the child's medical information will be updated and shared, including the child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs, including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals will be consulted and involved in assessing the health and well-being of the child and determine the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through either medical insurance or medical assistance;
(10) the health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable diseases as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for medical insurance or medical assistance;
(11) an independent living plan for a child age 16 or older
who is in placement as a result of a permanency disposition. The plan should include, but not be limited
to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining a driver's license;
(iv) money management, including the responsibility of the agency to ensure that the youth annually receives, at no cost to the youth, a consumer report as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with the child's family and community; and
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(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic and assessment information, specific services relating to meeting the mental health care needs of the child, and treatment outcomes.
(d) The parent or parents or guardian and the child each shall have the right to legal counsel in the preparation of the case plan and shall be informed of the right at the time of placement of the child. The child shall also have the right to a guardian ad litem. If unable to employ counsel from their own resources, the court shall appoint counsel upon the request of the parent or parents or the child or the child's legal guardian. The parent or parents may also receive assistance from any person or social services agency in preparation of the case plan.
After the plan has been agreed upon by the parties involved or approved or ordered by the court, the foster parents shall be fully informed of the provisions of the case plan and shall be provided a copy of the plan.
Upon discharge from foster care, the parent, adoptive parent, or permanent legal and physical custodian, as appropriate, and the child, if appropriate, must be provided with a current copy of the child's health and education record.
Sec. 17. Minnesota Statutes 2010, section 260C.212, subdivision 2, is amended to read:
Subd. 2. Placement decisions based on best interest of the child. (a) The policy of the state of Minnesota is to ensure that the child's best interests are met by requiring an individualized determination of the needs of the child and of how the selected placement will serve the needs of the child being placed. The authorized child-placing agency shall place a child, released by court order or by voluntary release by the parent or parents, in a family foster home selected by considering placement with relatives and important friends in the following order:
(1) with an individual who is related to the child by blood, marriage, or adoption; or
(2) with an individual who is an important friend with whom the child has resided or had significant contact.
(b) Among the factors the agency shall consider in determining the needs of the child are the following:
(1) the child's current functioning and behaviors;
(2) the medical, needs of the
child;
(3) the educational, and needs
of the child;
(4) the developmental needs of the child;
(3) (5) the child's history
and past experience;
(4) (6) the child's religious
and cultural needs;
(5) (7) the child's connection
with a community, school, and faith community;
(6) (8) the child's interests
and talents;
(7) (9) the child's
relationship to current caretakers, parents, siblings, and relatives; and
(8) (10) the reasonable
preference of the child, if the court, or the child-placing agency in the case
of a voluntary placement, deems the child to be of sufficient age to express
preferences.
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(c) Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child.
(d) Siblings should be placed together for foster care and adoption at the earliest possible time unless it is documented that a joint placement would be contrary to the safety or well-being of any of the siblings or unless it is not possible after reasonable efforts by the responsible social services agency. In cases where siblings cannot be placed together, the agency is required to provide frequent visitation or other ongoing interaction between siblings unless the agency documents that the interaction would be contrary to the safety or well-being of any of the siblings.
(e) Except for emergency placement as provided for in section 245A.035, a completed background study is required under section 245C.08 before the approval of a foster placement in a related or unrelated home.
Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
Subd. 5. Relative
search. (a) The responsible social
services agency shall exercise due diligence to identify and notify adult
relatives prior to placement or within 30 days after the child's removal from
the parent. The county agency shall
consider placement with a relative under subdivision 2 section
260C.221 without delay. The relative
search required by this section shall be reasonable and comprehensive in scope
and may last up to six months or until a fit and willing relative is
identified. The relative search required
by this section shall include both maternal relatives of the child and paternal
relatives of the child, if paternity is adjudicated. The relatives must be notified:
(1) of the need for a foster home for the child, the option to become a placement resource for the child, and the possibility of the need for a permanent placement for the child;
(2) of their responsibility to keep the responsible social services agency and the court informed of their current address in order to receive notice in the event that a permanent placement is sought for the child and to receive notice of the permanency progress review hearing under section 260C.204. A relative who fails to provide a current address to the responsible social services agency and the court forfeits the right to receive notice of the possibility of permanent placement and of the permanency progress review hearing under section 260C.204. A decision by a relative not to be a placement resource at the beginning of the case shall not affect whether the relative is considered for placement of the child with that relative later;
(3) that the relative may participate in the care and planning for the child, including that the opportunity for such participation may be lost by failing to respond to the notice sent under this subdivision; and
(4) of the family foster care licensing requirements, including how to complete an application and how to request a variance from licensing standards that do not present a safety or health risk to the child in the home under section 245A.04 and supports that are available for relatives and children who reside in a family foster home.
(b) A responsible social services agency
may disclose private or confidential data, as defined in section 13.02, to
relatives of the child for the purpose of locating a suitable placement. The agency shall disclose only data that is
necessary to facilitate possible placement with relatives. If the child's parent refuses to give the
responsible social services agency information sufficient to identify the
maternal and paternal relatives of the child, the agency shall ask the juvenile
court to order the parent to provide the necessary information. If a parent makes an explicit request that relatives
or a specific relative not be contacted or considered for placement due
to safety reasons including past family or domestic violence, the agency
shall bring the parent's request to the attention of the court to determine
whether the parent's request is consistent with the best interests of the child
and the agency shall not contact relatives or a the specific
relative unless authorized to do so by when the juvenile court finds
that contacting the specific relative would endanger the parent, guardian,
child, sibling, or any family member.
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(c) When the placing agency determines that a permanent
placement hearing is necessary because there is a likelihood that the child
will not return to a parent's care, the agency may send the notice provided in
paragraph (d), may ask the court to modify the requirements of the agency under
this paragraph, or may ask the court to completely relieve the agency of the requirements of this paragraph (d). The relative notification requirements of this paragraph do not apply
when the child is placed with an appropriate relative or a foster home
that has committed to being the permanent legal placement for the child and the
agency approves of that foster home for permanent placement of the child. The actions ordered by the court under this
section must be consistent with the best interests, safety, and welfare of the
child.
(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the court under paragraph (c), when the agency determines that it is necessary to prepare for the permanent placement determination hearing, or in anticipation of filing a termination of parental rights petition, the agency shall send notice to the relatives, any adult with whom the child is currently residing, any adult with whom the child has resided for one year or longer in the past, and any adults who have maintained a relationship or exercised visitation with the child as identified in the agency case plan. The notice must state that a permanent home is sought for the child and that the individuals receiving the notice may indicate to the agency their interest in providing a permanent home. The notice must state that within 30 days of receipt of the notice an individual receiving the notice must indicate to the agency the individual's interest in providing a permanent home for the child or that the individual may lose the opportunity to be considered for a permanent placement.
(e) The Department of Human Services shall develop a best practices guide and specialized staff training to assist the responsible social services agency in performing and complying with the relative search requirements under this subdivision.
Sec. 19. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
Subd. 7. Administrative or court review of placements. (a) There shall be an administrative review of the out-of-home placement plan of each child placed in foster care no later than 180 days after the initial placement of the child in foster care and at least every six months thereafter if the child is not returned to the home of the parent or parents within that time. The out-of-home placement plan must be monitored and updated at each administrative review. The administrative review shall be conducted by the responsible social services agency using a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. The administrative review shall be open to participation by the parent or guardian of the child and the child, as appropriate.
(b) As an alternative to the administrative review required in paragraph (a), the court may, as part of any hearing required under the Minnesota Rules of Juvenile Protection Procedure, conduct a hearing to monitor and update the out-of-home placement plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party requesting review of the out-of-home placement plan shall give parties to the proceeding notice of the request to review and update the out-of-home placement plan. A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11; 260C.141, subdivision 2; 260C.317; or 260D.06 shall satisfy the requirement for the review so long as the other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
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(4) the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained in the home or placed permanently away from the care of the parent or parents or guardian; and
(6) the appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in addition to any administrative review conducted by the agency, at the in-court review required under section 260C.201, subdivision 11, or 260C.317, subdivision 3, clause (3), the court shall review the independent living plan required under subdivision 1, paragraph (c), clause (11), and the provision of services to the child related to the well-being of the child as the child prepares to leave foster care. The review shall include the actual plans related to each item in the plan necessary to the child's future safety and well-being when the child is no longer in foster care.
(1) At the court review, the responsible social services agency shall establish that it has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0660, regarding the right to continued access to services for certain children in foster care past age 18 and of the right to appeal a denial of social services under section 256.045. If the agency is unable to establish that the notice, including the right to appeal a denial of social services, has been given, the court shall require the agency to give it.
(2) Consistent with the requirements of the independent living plan, the court shall review progress toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid for which the child is eligible;
(v) the child has health care coverage and health care providers to meet the child's physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which the child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and a damage deposit;
(ix) the child has an alternative affordable housing plan, which does not include a homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult.
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(3) The court shall ensure that the responsible agency in conjunction with the placement provider assists the child in obtaining the following documents prior to the child's leaving foster care: a Social Security card; the child's birth certificate; a state identification card or driver's license, green card, or school visa; the child's school, medical, and dental records; a contact list of the child's medical, dental, and mental health providers; and contact information for the child's siblings, if the siblings are in foster care.
(e) When a child is age 17 or older, during
the 90-day period immediately prior to the date the child is expected to be
discharged from foster care, the responsible social services agency is required
to provide the child with assistance and support in developing a transition
plan that is personalized at the direction of the child. The transition plan must be as detailed as
the child may elect and include specific options on housing, health insurance, education,
local opportunities for mentors and continuing support services, and work force
supports and employment services. The
agency shall ensure that the youth receives, at no cost to the youth, a copy of
the youth's consumer credit report as defined in section 13C.001 and assistance
in interpreting and resolving any inaccuracies in the report. The county agency shall also
provide the individual youth with appropriate contact information
if the individual youth needs more information or needs help
dealing with a crisis situation through age 21.
Sec. 20. Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read:
Subd. 3. Order; retention of jurisdiction. (a) A certified copy of the findings and the order terminating parental rights, and a summary of the court's information concerning the child shall be furnished by the court to the commissioner or the agency to which guardianship is transferred.
(b) The orders shall be on a
document separate from the findings. The
court shall furnish the individual to whom guardianship is transferred guardian
a copy of the order terminating parental rights.
(b) (c) When the court orders
guardianship pursuant to this section, the court shall retain
jurisdiction in a case where adoption is the intended permanent placement
disposition until the child's adoption is finalized, the child is 18 years of
age, or, for children in foster care beyond age 18 pursuant to section
260C.451, until the individual becomes 21 years of age according to the
provisions set forth in sections 260C.193, subdivision 6, and 260C.451. The guardian ad litem and counsel for the
child shall continue on the case until an adoption decree is entered. An in-court appearance hearing must be held
every 90 days following termination of parental rights for the court to review
progress toward an adoptive placement and the specific recruitment efforts the
agency has taken to find an adoptive family or other placement living
arrangement for the child and to finalize the adoption or other permanency
plan. Review of the progress toward
adoption of a child under guardianship of the commissioner of human services
shall be conducted according to section 260C.607.
(c) The responsible social services
agency may make a determination of compelling reasons for a child to be in
long-term foster care when the agency has made exhaustive efforts to recruit,
identify, and place the child in an adoptive home, and the child continues in
foster care for at least 24 months after the court has issued the order
terminating parental rights. A child of
any age who is under the guardianship of the commissioner of the Department of
Human Services and is legally available for adoption may not refuse or waive the
commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document
relieving county social services agencies of all recruitment efforts on the
child's behalf. Upon approving the
agency's determination of compelling reasons, the court may order the child
placed in long-term foster care. At
least every 12 months thereafter as long as the child continues in out-of-home
placement, the court shall conduct an in-court permanency review hearing to
determine the future status of the child using the review requirements of
section 260C.201, subdivision 11, paragraph (g).
(d) Upon terminating parental rights or
upon a parent's consent to adoption under section 260C.201, subdivision 11,
resulting in an order for guardianship to the commissioner of human services,
the court shall retain jurisdiction:
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(1) until the child is adopted;
(2) through the child's minority in
a case where long-term; or
(3) as long as the child continues in or
reenters foster care is the permanent disposition whether under
paragraph (c) or section 260C.201, subdivision 11, or, for children in foster care
age 18 or older under section 260C.451, until the individual becomes 21 years of age according to the
provisions in sections 260C.193,
subdivision 6, and 260C.451.
Sec. 21. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:
Subd. 4. Rights of terminated parent. (a) Upon entry of an order terminating the parental rights of any person who is identified as a parent on the original birth record of the child as to whom the parental rights are terminated, the court shall cause written notice to be made to that person setting forth:
(1) the right of the person to file at any time with the state registrar of vital statistics a consent to disclosure, as defined in section 144.212, subdivision 11;
(2) the right of the person to file at any time with the state registrar of vital statistics an affidavit stating that the information on the original birth record shall not be disclosed as provided in section 144.2252; and
(3) the effect of a failure to file either a consent to disclosure, as defined in section 144.212, subdivision 11, or an affidavit stating that the information on the original birth record shall not be disclosed.
(b) A parent whose rights are terminated
under this section shall retain the ability to enter into a contact or
communication agreement under section 260C.619 if an agreement is determined by
the court to be in the best interests of the child. The agreement shall be filed with the court
at or prior to the time the child is adopted.
An order for termination of parental rights shall not be conditioned on
an agreement under section 260C.619.
Sec. 22. Minnesota Statutes 2010, section 260C.325, subdivision 1, is amended to read:
Subdivision 1. Transfer
of custody Guardianship. (a)
If When the court terminates parental rights of both parents or
of the only known living legal parent, the court shall order the
guardianship and the legal custody of the child transferred to:
(1) the commissioner of human services;
(2) a licensed child-placing agency; or
(3) an individual who is willing and capable of assuming the appropriate duties and responsibilities to the child.
(b) The court shall order transfer of
guardianship and legal custody of a child to the commissioner of human
services only when the responsible county social services agency had
legal responsibility for planning for the permanent placement of the child and
the child was in foster care under the legal responsibility of the responsible
county social services agency at the time the court orders guardianship and
legal custody transferred to the commissioner. The court shall not order guardianship to
the commissioner under any other circumstances, except as provided in
subdivision 3.
Sec. 23. Minnesota Statutes 2010, section 260C.325, subdivision 3, is amended to read:
Subd. 3.
Both parents deceased. (a) If upon petition to the juvenile
court for guardianship by a reputable person, including but not
limited to an the responsible social services agency as agent of the
commissioner of human services, and upon hearing in the manner provided in
section 260C.163, the court finds that both parents or the only known legal
parent are or is deceased and no appointment has been made or petition for
appointment filed pursuant to sections
524.5-201 to 524.5-317, the court shall order the guardianship and legal
custody of the child transferred to:
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(1) the commissioner of human services; or
(2) a licensed child-placing agency; or
(3) (2) an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.
(b) The court shall order transfer of
guardianship and legal custody of a child to the commissioner of human
services only if there is no individual who is willing and capable of assuming
the appropriate duties and responsibilities to the child.
Sec. 24. Minnesota Statutes 2010, section 260C.325, subdivision 4, is amended to read:
Subd. 4. Guardian's
responsibilities. (a) A guardian
appointed under the provisions of this section has legal custody of a
ward unless the court which appoints the guardian gives legal custody to some
other person. If the court awards
custody to a person other than the guardian, the guardian nonetheless has the
right and responsibility of reasonable visitation, except as limited by court
order. the child and the right to
visit the child in foster care, the adoptive placement, or any other suitable
setting at any time prior to finalization of the adoption of the child. When the child is under the guardianship of
the commissioner, the responsible social services agency, as agent of the
commissioner, has the right to visit the child.
(b) When the guardian is a licensed
child-placing agency, the guardian may shall make all
major decisions affecting the person of the ward child, including,
but not limited to, giving consent, (when consent is
legally required), to the marriage, enlistment in the armed
forces, medical, surgical, or psychiatric treatment, or adoption of the ward
child. When, pursuant to this
section, the commissioner of human services is appointed guardian, the
commissioner may delegate to the responsible social services agency of the
county in which, after the appointment, the ward resides, the authority to act
for the commissioner in decisions affecting the person of the ward, including
but not limited to giving consent to the marriage, enlistment in the armed
forces, medical, surgical, or psychiatric treatment of the ward.
(c) When the commissioner is appointed
guardian, the duties of the commissioner of human services are established
under sections 260C.601 to 260C.635.
(c) (d) A guardianship created
under the provisions of this section shall not of itself include
the guardianship of the estate of the ward child.
(e) The commissioner of human services,
through the responsible social services agency, or a licensed child-placing
agency who is a guardian or who has authority and responsibility for planning
for the adoption of the child under section 259.25 or 259.47, has the duty to
make reasonable efforts to finalize the adoption of the child.
Sec. 25. Minnesota Statutes 2010, section 260C.328, is amended to read:
260C.328
CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
(a) Upon its own motion or upon
petition of an interested party, the juvenile court having jurisdiction of the
child may, after notice to the parties and a hearing, remove the guardian
appointed by the juvenile court and appoint a new guardian in accordance with the
provisions of section 260C.325, subdivision 1., clause (a), (b),
or (c). Upon a showing that the child is
emancipated, the court may discharge the guardianship. Any child 14 years of age or older who is not
adopted but who is placed in a satisfactory foster home, may, with the consent
of the foster parents, join with the guardian appointed by the juvenile court
in a petition to the court having jurisdiction of the child to discharge the
existing guardian and appoint the foster parents as guardians of the child.
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(b) The authority of a guardian
appointed by the juvenile court terminates when the individual under
guardianship is no longer a minor or when guardianship is otherwise
discharged. becomes age 18. However, an individual who has been under the
guardianship of the commissioner and who has not been adopted may continue in
foster care or reenter foster care pursuant to section 260C.451 and the
responsible social services agency has continuing legal responsibility for the
placement of the individual.
Sec. 26. [260C.601]
ADOPTION OF CHILDREN UNDER GUARDIANSHIP OF COMMISSIONER.
Subdivision 1. Review
and finalization requirements; adoption procedures. (a) Sections 260C.601 to 260C.635
establish:
(1) the requirements for court review
of children under the guardianship of the commissioner; and
(2) procedures for timely finalizing
adoptions in the best interests of children under the guardianship of the
commissioner.
(b) Adoption proceedings for children not under the
guardianship of the commissioner are
governed by chapter 259.
Subd. 2. Duty
of responsible agency. The
responsible social services agency has the duty to act as the commissioner's
agent in making reasonable efforts to finalize the adoption of all children
under the guardianship of the commissioner pursuant to section 260C.325. In implementing these duties, the agency
shall ensure that:
(1) the best interests of the child are
met in the planning and granting of adoptions;
(2) a child under the guardianship of
the commissioner is appropriately involved in planning for adoption;
(3) the diversity of Minnesota's
population and diverse needs including culture, religion, and language of
persons affected by adoption are recognized and respected; and
(4) the court has the timely
information it needs to make a decision that is in the best interests of the
child in reviewing the agency's planning for adoption and when ordering the
adoption of the child.
Subd. 3. Background
study. Consistent with
section 245C.33 and United States Code, title 42, section 671, a completed
background study is required before the adoptive placement of the child in a
related or an unrelated home.
Sec. 27. [260C.603]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 260C.601
to 260C.635, the terms defined in this section have the meanings given them.
Subd. 2. Adopting
parent. "Adopting
parent" means an adult who has signed an adoption placement agreement
regarding the child and has the same meaning as preadoptive parent under section
259A.01, subdivision 23.
Subd. 3. Adoption
placement agreement. "Adoption
placement agreement" means the written agreement between the responsible
social services agency, the commissioner, and the adopting parent which reflects
the intent of all the signatories to the agreement that the adopting parent
establish a parent and child relationship by adoption with the child who is
under the guardianship of the commissioner.
The adoptive placement agreement must be in the commissioner's
designated format.
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Subd. 4. Adoptive
parent. "Adoptive
parent" has the meaning given in section 259A.01, subdivision 3.
Subd. 5. Adoptive
placement. "Adoptive
placement" means a placement made by the responsible social services
agency upon a fully executed adoption placement agreement including the
signatures of the adopting parent, the responsible social services agency, and
the commissioner of human services according to section 260C.613, subdivision
1.
Subd. 6. Commissioner. "Commissioner" means the
commissioner of human services or any employee of the Department of Human
Services to whom the commissioner has delegated authority regarding children
under the commissioner's guardianship.
Subd. 7. Guardianship. "Guardianship" has the
meaning given in section 259A.01, subdivision 17; 260C.325; or 260C.515,
subdivision 3.
Subd. 8. Prospective
adoptive parent. "Prospective
adoptive parent" means an individual who may become an adopting parent
regardless of whether the individual has an adoption study approving the
individual for adoption, but who has not signed an adoption placement
agreement.
Sec. 28. [260C.605]
REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
Subdivision 1. Requirements. (a) Reasonable efforts to finalize the
adoption of a child under the guardianship of the commissioner shall be made by
the responsible social services agency responsible for permanency planning for
the child.
(b) Reasonable efforts to make a
placement in a home according to the placement considerations under section
260C.212, subdivision 2, with a relative or foster parent who will commit to
being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made
concurrently with reasonable, or if the child is an Indian child, active
efforts to reunify the child with the parent.
(c) Reasonable efforts under paragraph
(b) must begin as soon as possible when the child is in foster care under this
chapter, but not later than the hearing required under section 260C.204.
(d) Reasonable efforts to finalize the
adoption of the child include:
(1) using age-appropriate engagement
strategies to plan for adoption with the child;
(2) identifying an appropriate
prospective adoptive parent for the child by updating the child's identified
needs using the factors in section 260C.212, subdivision 2;
(3) making an adoptive placement that
meets the child's needs by:
(i) completing or updating the relative
search required under section 260C.221 and giving notice of the need for an
adoptive home for the child to:
(A) relatives who have kept the agency
or the court apprised of their whereabouts and who have indicated an interest
in adopting the child; or
(B) relatives of the child who are
located in an updated search;
(ii) an updated search is required
whenever:
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(A) there is no identified prospective adoptive
placement for the child notwithstanding a finding by the court that the agency
made diligent efforts under section 260C.221, in a hearing required under
section 260C.202;
(B) the child is removed from the home of an adopting
parent; or
(C) the court determines a relative search by the agency
is in the best interests of the child;
(iii) engaging child's foster parent and the child's
relatives identified as an adoptive resource during the search conducted under
section 260C.221, to commit to being the prospective adoptive parent of the
child; or
(iv) when there is no identified prospective adoptive
parent:
(A) registering the child on the state adoption exchange
as required in section 259.75 unless the agency documents to the court an
exception to placing the child on the state adoption exchange reported to the commissioner;
(B) reviewing all families with approved adoption home
studies associated with the responsible social services agency;
(C) presenting the child to adoption agencies and
adoption personnel who may assist with finding an adoptive home for the child;
(D) using newspapers and other media to promote the
particular child;
(E) using a private agency under grant contract with the
commissioner to provide adoption services for intensive child-specific
recruitment efforts; and
(F) making any other efforts or using any other
resources reasonably calculated to identify a prospective adoption parent for
the child;
(4) updating and completing the social and medical
history required under sections 259.43 and 260C.609;
(5) making, and keeping updated, appropriate referrals
required by section 260.851, the Interstate Compact on the Placement of
Children;
(6) giving notice regarding the responsibilities of an
adoptive parent to any prospective adoptive parent as required under section
259.35;
(7) offering the adopting parent the opportunity to
apply for or decline adoption assistance under chapter 259A;
(8) certifying the child for adoption assistance,
assessing the amount of adoption assistance, and ascertaining the status of the
commissioner's decision on the level of payment if the adopting parent has
applied for adoption assistance;
(9) placing the child with siblings. If the child is not placed with siblings, the
agency must document reasonable efforts to place the siblings together, as well
as the reason for separation. The agency
may not cease reasonable efforts to place siblings together for final adoption
until the court finds further reasonable efforts would be futile or that
placement together for purposes of adoption is not in the best interests of one
of the siblings; and
(10) working with the adopting parent to file a petition
to adopt the child and with the court administrator to obtain a timely hearing
to finalize the adoption.
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Subd. 2.
No waiver. (a) The responsible social services
agency shall make reasonable efforts to recruit, assess, and match an adoptive
home for any child under the guardianship of the commissioner and reasonable
efforts shall continue until an adoptive placement is made and adoption
finalized or until the child is no longer under the guardianship of the
commissioner.
(b) A child of any age who is under the guardianship of
the commissioner and is legally available for adoption may not refuse or waive
the responsible social services agency's reasonable efforts to recruit,
identify, and place the child in an adoptive home required under this
section. The agency has an ongoing
responsibility to work with the child to explore the child's opportunities for
adoption, and what adoption means for the child, and may not accept a child's
refusal to consider adoption as an option.
(c) The court may not relieve or otherwise order the
responsible social services agency to cease fulfilling the responsible social
services agency's duty regarding reasonable efforts to recruit, identify, and
place the child in an adoptive home.
Sec. 29. [260C.607] REVIEW OF PROGRESS TOWARD
ADOPTION.
Subdivision 1.
Review hearings. (a) The court shall conduct a review
of the responsible social services agency's reasonable efforts to finalize
adoption for any child under the guardianship of the commissioner and of the
progress of the case toward adoption at least every 90 days after the court
issues an order that the commissioner is the guardian of the child.
(b) The review of progress toward adoption shall
continue notwithstanding that an appeal is made of the order for guardianship.
(c) The agency's reasonable efforts to finalize the
adoption must continue during the pendency of the appeal and all progress
toward adoption shall continue except that the court may not finalize an
adoption while the appeal is pending.
Subd. 2.
Notice. Notice of review hearings shall be
given by the court to:
(1) the responsible social services agency;
(2) the child, if the child is age ten and older;
(3) the child's guardian ad litem;
(4) relatives of the child who have kept the court
informed of their whereabouts as required in section 260C.221 and who have
responded to the agency's notice under section 260C.221, indicating a
willingness to provide an adoptive home for the child unless the relative has
been previously ruled out by the court as a suitable foster parent or
permanency resource for the child;
(5) the current foster or adopting parent of the child;
(6) any foster or adopting parents of siblings of the
child; and
(7) the Indian child's tribe.
Subd. 3.
Right to participate. Any individual or entity listed in
subdivision 2 may participate in the continuing reviews conducted under this
section. No other individual or entity
is required to be given notice or to participate in the reviews unless the
court specifically orders that notice be given or participation in the reviews
be required.
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Subd. 4. Content
of review. (a) The court
shall review:
(1) the agency's reasonable efforts
under section 260C.605 to finalize an adoption for the child as appropriate to
the stage of the case; and
(2) the child's current out-of-home
placement plan required under section 260C.212, subdivision 1, to ensure the
child is receiving all services and supports required to meet the child's needs
as they relate to the child's:
(i) placement;
(ii) visitation and contact with
siblings;
(iii) visitation and contact with
relatives;
(iv) medical, mental, and dental
health; and
(v) education.
(b) When the child is age 16 and older,
and as long as the child continues in foster care, the court shall also review the
agency's planning for the child's independent living after leaving foster care
including how the agency is meeting the requirements of section 260C.212,
subdivision 1, paragraph (c), clause (11).
The court shall use the review requirements of section 260C.203, in any
review conducted under this paragraph.
Subd. 5. Required
placement by responsible social services agency. (a) No petition for adoption shall be
filed for a child under the guardianship of the commissioner unless the child
sought to be adopted has been placed for adoption with the adopting parent by
the responsible social services agency.
The court may order the agency to make an adoptive placement using
standards and procedures under subdivision 6.
(b) Any relative or the child's foster
parent who believes the responsible agency has not reasonably considered their
request to be considered for adoptive placement as required under section
260C.212, subdivision 2, and who wants to be considered for adoptive placement
of the child shall bring their request for consideration to the attention of
the court during a review required under this section. The child's guardian ad litem and the child
may also bring a request for a relative or the child's foster parent to be
considered for adoptive placement. After
hearing from the agency, the court may order the agency to take appropriate
action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).
Subd. 6. Motion
and hearing to order adoptive placement.
(a) At any time after the district court orders the child under
the guardianship of the commissioner of human services, but not later than 30
days after receiving notice required under section 260C.613, subdivision 1,
paragraph (c), that the agency has made an adoptive placement, a relative or
the child's foster parent may file a motion for an order for adoptive placement
of a child who is under the guardianship of the commissioner if the relative or
the child's foster parent:
(1) has an adoption home study under
section 259.41 approving the relative or foster parent for adoption and has
been a resident of Minnesota for at least six months before filing the motion;
the court may waive the residency requirement for the moving party if there is
a reasonable basis to do so; or
(2) is not a resident of Minnesota, but
has an approved adoption home study by an agency licensed or approved to
complete an adoption home study in the state of the individual's residence and
the study is filed with the motion for adoptive placement.
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(b) The motion shall be filed with the
court conducting reviews of the child's progress toward adoption under this
section. The motion and supporting
documents must make a prima facie showing that the agency has been unreasonable
in failing to make the requested adoptive placement. The motion must be served according to the
requirements for motions under the Minnesota Rules of Juvenile Protection
Procedure and shall be made on all individuals and entities listed in subdivision
2.
(c) If the motion and supporting
documents do not make a prima facie showing for the court to determine whether
the agency has been unreasonable in failing to make the requested adoptive
placement, the court shall dismiss the motion.
If the court determines a prima facie basis is made, the court shall set
the matter for evidentiary hearing.
(d) At the evidentiary hearing the
responsible social services agency shall proceed first with evidence about the
reason for not making the adoptive placement proposed by the moving party. The moving party then has the burden of
proving by a preponderance of the evidence that the agency has been
unreasonable in failing to make the adoptive placement.
(e) At the conclusion of the
evidentiary hearing, if the court finds that the agency has been unreasonable
in failing to make the adoptive placement and that the relative or the child's
foster parent is the most suitable adoptive home to meet the child's needs
using the factors in section 260C.212, subdivision 2, paragraph (b), the court
may order the responsible social services agency to make an adoptive placement
in the home of the relative or the child's foster parent.
(f) If, in order to ensure that a timely
adoption may occur, the court orders the responsible social services agency to
make an adoptive placement under this subdivision, the agency shall:
(1) make reasonable efforts to obtain a
fully executed adoption placement agreement;
(2) work with the moving party regarding
eligibility for adoption assistance as required under chapter 259A; and
(3) if the moving party is not a resident
of Minnesota, timely refer the matter for approval of the adoptive placement
through the Interstate Compact on the Placement of Children.
(g) Denial or granting of a motion for
an order for adoptive placement after an evidentiary hearing is an order which
may be appealed by the responsible social services agency, the moving party,
the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the
child at the time the motion was filed if the court's order has the effect of
terminating the adoption placement agreement.
An appeal shall be conducted according to the requirements of the Rules
of Juvenile Protection Procedure.
Subd. 7. Changing
adoptive plan when parent has consented to adoption. When the child's parent has consented
to adoption under section 260C.515, subdivision 3, only the person identified
by the parent and agreed to by the agency as the prospective adoptive parent
qualifies for adoptive placement of the child until the responsible social
services agency has reported to the court and the court has found in a hearing
under this section that it is not possible to finalize an adoption by the
identified prospective adoptive parent within 12 months of the execution of the
consent to adopt under section 260C.515, subdivision 3, unless the responsible
social services agency certifies that the failure to finalize is not due to either
an action or a failure to act by the prospective adoptive parent.
Subd. 8. Timing
modified. (a) The court may
review the responsible social services agency's reasonable efforts to finalize
an adoption more frequently than every 90 days whenever a more frequent review
would assist in finalizing the adoption.
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(b) In appropriate cases, the court may
review the responsible social services agency's reasonable efforts to finalize
an adoption less frequently than every 90 days.
The court shall not find it appropriate to review progress toward
adoption less frequently than every 90 days except when:
(1) the court has approved the agency's
reasonable efforts to recruit, identify, and place the child in an adoptive
home on a continuing basis for at least 24 months after the court has issued
the order for guardianship;
(2) the child is at least 16 years old;
and
(3) the child's guardian ad litem
agrees that review less frequently than every 90 days is in the child's best
interests.
(c) In no event shall the court's
review be less frequent than every six months.
Sec. 30. [260C.609]
SOCIAL AND MEDICAL HISTORY.
(a) The responsible social services
agency shall work with the birth family of the child, foster family, medical
and treatment providers, and the child's school to ensure there is a detailed,
thorough, and currently up-to-date social and medical history of the child as
required under section 259.43 on the forms required by the commissioner.
(b) When the child continues in foster
care, the agency's reasonable efforts to complete the history shall begin no
later than the permanency progress review hearing required under section
260C.204 or six months after the child's placement in foster care.
(c) The agency shall thoroughly discuss
the child's history with the adopting parent of the child and shall give a copy
of the report of the child's social and medical history to the adopting
parent. A copy of the child's social and
medical history may also be given to the child as appropriate.
(d) The report shall not include
information that identifies birth relatives.
Redacted copies of all the child's relevant evaluations, assessments,
and records must be attached to the social and medical history.
Sec. 31. [260C.611]
ADOPTION STUDY REQUIRED.
An adoption study under section 259.41
approving placement of the child in the home of the prospective adoptive parent
shall be completed before placing any child under the guardianship of the
commissioner in a home for adoption. If
a prospective adoptive parent has previously held a foster care license or
adoptive home study, any update necessary to the foster care license, or
updated or new adoptive home study, if not completed by the licensing authority
responsible for the previous license or home study, shall include collateral
information from the previous licensing or approving agency, if available.
Sec. 32. [260C.613]
SOCIAL SERVICES AGENCY AS COMMISSIONER'S AGENT.
Subdivision 1. Adoptive
placement decisions. (a) The responsible
social services agency has exclusive authority to make an adoptive placement of
a child under the guardianship of the commissioner. The child shall be considered placed for
adoption when the adopting parent, the agency, and the commissioner have fully
executed an adoption placement agreement on the form prescribed by the
commissioner.
(b) The responsible social services
agency shall use an individualized determination of the child's current needs
pursuant to section 260C.212, subdivision 2, paragraph (b), to determine the
most suitable adopting parent for the child in the child's best interests.
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(c) The responsible social services agency shall notify
the court and parties entitled to notice under section 260C.607, subdivision 2,
when there is a fully executed adoption placement agreement for the child.
(d) In the event an adoption placement agreement
terminates, the responsible social services agency shall notify the court, the
parties entitled to notice under section 260C.607, subdivision 2, and the
commissioner that the agreement and the adoptive placement have terminated.
Subd. 2.
Disclosure of data permitted
to identify adoptive parent. The
responsible social services agency may disclose private data, as defined in
section 13.02, to prospective adoptive parents for the purpose of identifying
an adoptive parent willing and able to meet the child's needs as outlined in
section 260C.212, subdivision 2, paragraph (b).
Subd. 3.
Siblings placed together. The responsible social services agency
shall place siblings together for adoption according to section 260.012,
paragraph (e), clause (4), unless:
(1) the court makes findings required under section
260C.617; and
(2) the court orders that the adoption or progress
toward adoption of the child under the court's jurisdiction may proceed
notwithstanding that the adoption will result in siblings being separated.
Subd. 4.
Other considerations. Placement of a child cannot be delayed
or denied based on the race, color, or national origin of the prospective
parent or the child.
Subd. 5.
Required record keeping. The responsible social services agency
shall document, in the records required to be kept under section 259.79, the
reasons for the adoptive placement decision regarding the child, including the
individualized determination of the child's needs based on the factors in
section 260C.212, subdivision 2, paragraph (b), and the assessment of how the
selected adoptive placement meets the identified needs of the child. The responsible social services agency shall
retain in the records required to be kept under section 259.79, copies of all
out-of-home placement plans made since the child was ordered under guardianship
of the commissioner and all court orders from reviews conducted pursuant to
section 260C.607.
Subd. 6.
Death notification. (a) The agency shall inform the
adoptive parents that the adoptive parents of an adopted child under age 19 or
an adopted person age 19 or older may maintain a current address on file with
the agency and indicate a desire to be notified if the agency receives
information of the death of a birth parent.
The agency shall notify birth parents of the child's death and the cause
of death, if known, provided that the birth parents desire notice and maintain
current addresses on file with the agency.
The agency shall inform birth parents entitled to notice under section 259.27,
that they may designate individuals to notify the agency if a birth parent dies
and that the agency receiving information of the birth parent's death will
share the information with adoptive parents, if the adopted person is under age
19, or an adopted person age 19 or older who has indicated a desire to be
notified of the death of a birth parent and who maintains a current address on
file with the agency.
(b) Notice to a birth parent that a child has died or to
the adoptive parents or an adopted person age 19 or older that a birth parent
has died shall be provided by an employee of the agency through personal and
confidential contact, but not by mail.
Subd. 7.
Terminal illness notification. If a birth parent or the child is
terminally ill, the responsible social services agency shall inform the
adoptive parents and birth parents of a child who is adopted that the birth
parents, the adoptive parents of an adopted person under age 19, or an adopted
person age 19 or older may request to be notified of the terminal illness. The agency shall notify the other parties if
a request is received under this subdivision and upon a party's request the
agency shall share information regarding a terminal illness with the adoptive
or birth parents or an adopted person age 19 or older.
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Subd. 8. Postadoption
search services. The
responsible social services agency shall respond to requests from adopted
persons age 19 years and over, adoptive parents of a minor child, and birth
parents for social and medical history and genetic health conditions of the
adopted person's birth family and genetic sibling information according to
section 259.83.
Sec. 33. [260C.615]
DUTIES OF COMMISSIONER.
Subdivision 1. Duties. (a) For any child who is under the guardianship
of the commissioner, the commissioner has the exclusive rights to consent to:
(1) the medical care plan for the
treatment of a child who is at imminent risk of death or who has a chronic
disease that, in a physician's judgment, will result in the child's death in
the near future including a physician's order not to resuscitate or intubate
the child; and
(2) the child donating a part of the
child's body to another person while the child is living; the decision to
donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.
(b) In addition to the exclusive rights
under paragraph (a), the commissioner has a duty to:
(1) process any complete and accurate
request for home study and placement through the Interstate Compact on the
Placement of Children under section 260.851;
(2) process any complete and accurate
application for adoption assistance forwarded by the responsible social
services agency according to chapter 259A;
(3) complete the execution of an
adoption placement agreement forwarded to the commissioner by the responsible
social services agency and return it to the agency in a timely fashion; and
(4) maintain records as required in
chapter 259.
Subd. 2. Duties
not reserved. All duties,
obligations, and consents not specifically reserved to the commissioner in this
section are delegated to the responsible social services agency.
Sec. 34. [260C.617]
SIBLING PLACEMENT.
(a) The responsible social services
agency shall make every effort to place siblings together for adoption.
(b) The court shall review any proposal
by the responsible social services agency to separate siblings for purposes of
adoption.
(c) If there is venue in more than one
county for matters regarding siblings who are under the guardianship of the
commissioner, the judges conducting reviews regarding the siblings shall
communicate with each other about the siblings' needs and, where appropriate,
shall conduct review hearings in a manner that ensures coordinated planning by
agencies involved in decision making for the siblings.
(d) After notice to the individuals and
entities listed in section 260C.627, the foster or prospective adoptive parent
of the child, and any foster, adopting, or adoptive parents of the child's
siblings, or relatives with permanent legal and physical custody of the child's
sibling, and upon hearing, the court may determine that a child under the
court's jurisdiction may be separated from the child's sibling for adoption
when:
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(1) the responsible social services
agency has made reasonable efforts to place the siblings together, and after
finding reasonable efforts have been made, the court finds further efforts
would significantly delay the adoption of one or more of the siblings and are
therefore not in the best interests of one or more of the siblings; or
(2) the court determines it is not in
the best interests of one or more of the siblings to be placed together after
reasonable efforts by the responsible social services agency to place the
siblings together.
Sec. 35. [260C.619]
COMMUNICATION AND CONTACT AGREEMENTS.
(a) An adopting parent and a relative or
foster parent of the child may enter into an agreement regarding communication
with or contact between the adopted child, adopting parent, and the relative or
foster parent. An agreement may be entered
between:
(1) an adopting parent and a birth
parent;
(2) an adopting parent and any relative
or foster parent with whom the child resided before being adopted; and
(3) an adopting parent and the parent or
legal custodian of a sibling of the child, if the sibling is a minor, or any
adult sibling of the child.
(b) An agreement regarding communication
with or contact between the child, adoptive parents, and a relative or foster
parent, is enforceable when the terms of the agreement are contained in a
written court order. The order must be
issued before or at the time of the granting of the decree of adoption. The order granting the communication,
contact, or visitation shall be filed in the adoption file.
(c) The court shall mail a certified
copy of the order to the parties to the agreement or their representatives at
the addresses provided by the parties to the agreement. Service shall be completed in a manner that
maintains the confidentiality of confidential information.
(d) The court shall not enter a proposed
order unless the terms of the order have been approved in writing by the
prospective adoptive parents, the birth relative, the foster parent, or the
birth parent or legal custodian of the child's sibling who desires to be a
party to the agreement, and the responsible social services agency.
(e) An agreement under this section need
not disclose the identity of the parties to be legally enforceable and when the
identity of the parties to the agreement is not disclosed, data about the
identities in the adoption file shall remain confidential.
(f) The court shall not enter a proposed
order unless the court finds that the communication or contact between the
minor adoptee, the adoptive parents, and the relative, foster parents, or
siblings as agreed upon and contained in the proposed order, would be in the
child's best interests.
(g) Failure to comply with the terms of
an order regarding communication or contact that has been entered by the court
under this section is not grounds for:
(1) setting aside an adoption decree; or
(2) revocation of a written consent to
an adoption after that consent has become irrevocable.
(h) An order regarding communication or
contact entered under this section may be enforced by filing a motion in the
existing adoption file with the court that entered the contact agreement. Any party to the communication or contact
order or the child who is the subject of the order has standing to file the
motion to enforce the order. The
prevailing party may be awarded reasonable attorney fees and costs.
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(i) The court shall not modify an order
under this section unless it finds that the modification is necessary to serve
the best interests of the child, and:
(1) the modification is agreed to by
the parties to the agreement; or
(2) exceptional circumstances have
arisen since the order was entered that justified modification of the order.
Sec. 36. [260C.621]
JURISDICTION AND VENUE.
Subdivision 1. Jurisdiction. (a) The juvenile court has original
jurisdiction for all adoption proceedings involving the adoption of a child
under the guardianship of the commissioner, including when the commissioner
approves the placement of the child through the Interstate Compact on the
Placement of Children under section 260.851 for adoption outside the state of
Minnesota and an adoption petition is filed in Minnesota.
(b) The receiving state also has
jurisdiction to conduct an adoption proceeding for a child under the
guardianship of the commissioner when the adopting home was approved by the
receiving state through the interstate compact.
Subd. 2. Venue. (a) Venue for the adoption of a child
committed to the guardianship of the commissioner of human services shall be
the court conducting reviews in the matter according to section 260C.607.
(b) Upon request of the responsible
social services agency, the court conducting reviews under section 260C.607 may
order that filing an adoption petition involving a child under the guardianship
of the commissioner be permitted in the county where the adopting parent
resides upon determining that:
(1) there is no motion for an order for
adoptive placement of the child that has been filed or is reasonably
anticipated by the responsible social services agency to be filed; and
(2) filing the petition in the adopting
parent's county of residence will expedite the proceedings and serve the best
interests of the child.
(c) When the court issues an order
under paragraph (b), a copy of the court order shall be filed together with the
adoption petition in the court of the adopting parent's county of residence.
(d) The court shall notify the court
conducting reviews under section 260C.607 when the adoption is finalized so
that the court conducting reviews under section 260C.607 may close its
jurisdiction and the court record, including the court's electronic case
record, in the county conducting the reviews, shall reflect that adoption of
the child was finalized.
Sec. 37. [260C.623]
ADOPTION PETITION.
Subdivision 1. Who
may petition. (a) The
responsible social services agency may petition for the adopting parent to adopt
a child who is under the guardianship of the commissioner. The petition shall contain or have attached a
statement certified by the adopting parent that the adopting parent desires
that the relationship of parent and child be established between the adopting
parent and the child and that adoption is in the best interests of the child.
(b) The adopting parent may petition
the court for adoption of the child.
(c) An adopting parent must be at least
21 years of age at the time the adoption petition is filed unless the adopting
parent is an individual related to the child, as defined by section 245A.02,
subdivision 13.
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(d) The petition may be filed in
Minnesota by an adopting parent who resides within or outside the state.
Subd. 2. Time
for filing petition. (a) An
adoption petition shall be filed not later than nine months after the date of the
fully executed adoption placement agreement unless the court finds that:
(1) the time for filing a petition be
extended because of the child's special needs as defined under title IV-E of
the federal Social Security Act, United States Code, title 42, section 672; or
(2) based on a written plan for
completing filing of the petition, including a specific timeline, to which the
adopting parent has agreed, the time for filing a petition be extended long
enough to complete the plan because an extension is in the best interests of
the child and additional time is needed for the child to adjust to the adoptive
home.
(b) If an adoption petition is not
filed within nine months of the execution of the adoption placement agreement
as required under section 260C.613, subdivision 1, and after giving the
adopting parent written notice of its request together with the date and time
of the hearing set to consider its report, the responsible social services
agency shall file a report requesting an order for one of the following:
(1) that the time for filing a petition
be extended because of the child's special needs as defined under title IV-E of
the federal Social Security Act, United States Code, title 42, section 673;
(2) that, based on a written plan for
completing filing of the petition, including a specific timeline, to which the
adopting parent has agreed, the time for filing a petition can be extended long
enough to complete the plan because an extension is in the best interests of
the child and additional time is needed for the child to adjust to the adoptive
home; or
(3) that the child can be removed from
the adopting home.
(c) At the conclusion of the review,
the court shall issue findings, appropriate orders for the parties to take
action or steps required to advance the case toward a finalized adoption, and
set the date and time for the next review hearing.
Subd. 3. Requirements
of petition. (a) The petition
shall be captioned in the legal name of the child as that name is reflected on
the child's birth record prior to adoption and shall be entitled "Petition
to Adopt Child under the Guardianship of the Commissioner of Human
Services." The actual name of the child shall be supplied to the court by
the responsible social services agency if unknown to the individual with whom
the agency has made the adoptive placement.
(b) The adoption petition shall be
verified as required in section 260C.141, subdivision 4, and, if filed by the
responsible social services agency, signed and approved by the county attorney.
(c) The petition shall state:
(1) the full name, age, and place of
residence of the adopting parent;
(2) if the adopting parents are
married, the date and place of marriage;
(3) the date the adopting parent
acquired physical custody of the child;
(4) the date of the adoptive placement
by the responsible social services agency;
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(5) the date of the birth of the child,
if known, and the county, state, and country where born;
(6) the name to be given the child, if
a change of name is desired;
(7) the description and value of any
real or personal property owned by the child;
(8) the relationship of the adopting
parent to the child prior to adoptive placement, if any;
(9) whether the Indian Child Welfare
Act does or does not apply; and
(10) the name and address of:
(i) the child's guardian ad litem;
(ii) the adoptee, if age ten or older;
(iii) the child's Indian tribe, if the
child is an Indian child; and
(iv) the responsible social services
agency.
(d) A petition may ask for the adoption
of two or more children.
(e) If a petition is for adoption by a
married person, both spouses must sign the petition indicating willingness to
adopt the child and the petition must ask for adoption by both spouses unless
the court approves adoption by only one spouse when spouses do not reside
together or for other good cause shown.
(f) If the petition is for adoption by
a person residing outside the state, the adoptive placement must have been
approved by the state where the person is a resident through the Interstate
Compact on the Placement of Children, sections 260.851 to 260.92.
Subd. 4. Attachments
to the petition. The
following must be filed with the petition:
(1) the adoption study report required
under section 259.41;
(2) the social and medical history
required under sections 259.43 and 260C.609; and
(3) a document prepared by the
petitioner that establishes who must be given notice under section 260C.627,
subdivision 1, that includes the names and mailing addresses of those to be
served by the court administrator.
Sec. 38. [260C.625]
DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
(a) The following shall be filed by the
responsible social services agency prior to finalization of the adoption:
(1) a certified copy of the child's
birth record;
(2) a certified copy of the findings
and order terminating parental rights or order accepting the parent's consent
to adoption under section 260C.515, subdivision 3, and for guardianship to the
commissioner;
(3) a copy of any communication or
contact agreement under section 260C.619;
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(4) certification that the Minnesota Fathers' Adoption
Registry has been searched which requirement may be met according to the
requirements of the Minnesota Rules of Adoption Procedure, Rule 32.01,
subdivision 2;
(5) the original of each consent to adoption required,
if any, unless the original was filed in the permanency proceeding conducted
under section 260C.515, subdivision 3, and the order filed under clause (2) has
a copy of the consent attached; and
(6) the postplacement assessment report required under
section 259.53, subdivision 2.
(b) The responsible social services agency shall provide
any known aliases of the child to the court.
Sec. 39. [260C.627] NOTICE OF ADOPTION
PROCEEDINGS.
Subdivision 1.
To whom given. (a) Notice of the adoption proceedings
shall not be given to any parent whose rights have been terminated or who has
consented to the adoption of the child under this chapter.
(b) Notice of the adoption proceedings shall be given to
the following:
(1) the child's tribe if the child is an Indian child;
(2) the responsible social services agency;
(3) the child's guardian ad litem;
(4) the child, if the child is age ten or over;
(5) the child's attorney; and
(6) the adopting parent.
(c) Notice of a hearing regarding the adoption petition
shall have a copy of the petition attached unless service of the petition has
already been accomplished.
Subd. 2.
Method of service. Notice of adoption proceedings for a
child under the guardianship of the commissioner may be served by United States
mail or any other method approved by the Minnesota Rules of Adoption Procedure.
Sec. 40. [260C.629] FINALIZATION HEARING.
Subdivision 1.
Consent. (a) A parent whose rights to the child
have not been terminated must consent to the adoption of the child. A parent may consent to the adoption of the
child under section 260C.515, subdivision 3, and that consent shall be
irrevocable upon acceptance by the court except as otherwise provided in
section 260C.515, subdivision 3, clause (2)(i).
A parent of an Indian child may consent to the adoption of the child
according to United States Code, title 25, section 1913, and that consent may
be withdrawn for any reason at any time before the entry of a final decree of
adoption.
(b) When the child to be adopted is age 14 years or
older, the child's written consent to adoption by the adopting parent is
required.
(c) Consent by the responsible social services agency or
the commissioner is not required because the adoptive placement has been made
by the responsible social services agency.
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Subd. 2. Required
documents. In order to issue
a decree for adoption and enter judgment accordingly, the court must have the
following documents in the record:
(1) original birth record of the child;
(2) adoption study report including a
background study required under section 259.41;
(3) a certified copy of the findings
and order terminating parental rights or order accepting the parent's consent
to adoption under section 260C.515, subdivision 3, and for guardianship to the
commissioner;
(4) any consents required under
subdivision 1;
(5) child's social and medical history
under section 260C.609;
(6) postplacement assessment report
required under section 259.53, subdivision 2, unless waived by the court on the
record at a hearing under section 260C.607; and
(7) report from the child's guardian ad
litem.
Sec. 41. [260C.631]
JUDGMENT AND DECREE.
(a) After taking testimony from the
responsible social services agency, which may be by telephone or affidavit if
the court has transferred venue of the matter to a county not conducting the
posttermination of parental rights reviews under section 260C.607, and the
adopting parent, if the court finds that it is in the best interests of the
child that the petition be granted, a decree of adoption shall be issued
ordering that the child to be adopted shall be the child of the adopting
parent. In the decree, the court may
change the name of the adopted child, if a name change is requested.
(b) After the decree is granted, the
court administrator shall mail a copy of the decree to the commissioner of
human services.
Sec. 42. [260C.633]
ADOPTION DENIED.
(a) If the court is not satisfied that
the proposed adoption is in the best interests of the child to be adopted, the
court shall deny the petition, and order the responsible social services agency
to take appropriate action for the protection and safety of the child. If venue has been transferred under section
260C.621, subdivision 2, the court denying the petition shall notify the court
originally conducting the guardianship reviews under section 260C.607.
(b) The court responsible for conducting
reviews under section 260C.607 shall set a hearing within 30 days of receiving
notice of denial of the petition.
(c) Any appeal of the denial of an
adoption petition under this section shall be made according to the
requirements of the Minnesota Rules of Adoption Procedure.
Sec. 43. [260C.635]
EFFECT OF ADOPTION.
Subdivision 1. Legal
effect. (a) Upon adoption, the
adopted child becomes the legal child of the adopting parent and the adopting
parent becomes the legal parent of the child with all the rights and duties
between them of a birth parent and child.
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(b) The child shall inherit from the
adoptive parent and the adoptive parent's relatives the same as though the
child were the birth child of the parent, and in case of the child's death
intestate, the adoptive parent and the adoptive parent's relatives shall
inherit the child's estate as if the child had been the adoptive parent's birth
child.
(c) After a decree of adoption is
entered, the birth parents or previous legal parents of the child shall be
relieved of all parental responsibilities for the child except child support
that has accrued to the date of the order for guardianship to the commissioner
which continues to be due and owing. The
child's birth or previous legal parent shall not exercise or have any rights
over the adopted child or the adopted child's property, person, privacy, or
reputation.
(d) The adopted child shall not owe the
birth parents or the birth parent's relatives any legal duty nor shall the
adopted child inherit from the birth parents or kindred unless otherwise
provided for in a will of the birth parent or kindred.
(e) Upon adoption, the court shall
complete a certificate of adoption form and mail the form to the Office of the
State Registrar at the Minnesota Department of Health. Upon receiving the certificate of adoption,
the state registrar shall register a replacement vital record in the new name
of the adopted child as required under section 144.218.
Subd. 2. Enrollment
in American Indian tribe. Notwithstanding
the provisions of subdivision 1, the adoption of a child whose birth parent or
parents are enrolled in an American Indian tribe shall not change the child's
enrollment in that tribe.
Subd. 3. Communication
or contact agreements. This
section does not prohibit birth parents, relatives, birth or legal siblings,
and adoptive parents from entering a communication or contact agreement under
section 260C.619.
Sec. 44. [260C.637]
ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.
An adopted person may ask the
commissioner of health to disclose the information on the adopted person's
original birth record according to section 259.89.
Sec. 45. Minnesota Statutes 2010, section 541.04, is amended to read:
541.04
JUDGMENTS, TEN OR 20 YEARS.
No action shall be maintained upon a
judgment or decree of a court of the United States, or of any state or
territory thereof, unless begun within ten years after the entry of such
judgment or, in the case of a judgment for child support, including a
judgment by operation of law, unless begun within 20 years after entry of the
judgment.
EFFECTIVE
DATE. The amendments to this
section are effective retroactively from April 15, 2010, the date the language
stricken in this section was finally enacted.
Sec. 46. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:
Subdivision 1. Entry and docketing; survival of judgment. Except as provided in section 548.091, every judgment requiring the payment of money shall be entered by the court administrator when ordered by the court and will be docketed by the court administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript of the docket being filed with the court administrator in any other county, the court administrator shall also docket it. From the time of docketing the judgment is a lien, in the amount unpaid, upon all real property in the county then or thereafter owned by the judgment debtor, but it is not a lien upon registered land unless it is also
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recorded pursuant to sections 508.63 and
508A.63. The judgment survives, and the lien
continues, for ten years after its entry or, in the case of a judgment for
child support, including a judgment by operation of law, for 20 years after its
entry. Child support judgments may
be renewed pursuant to section 548.091.
EFFECTIVE DATE. The amendments to this section are
effective retroactively from April 15, 2010, the date the language stricken in
this section was finally enacted.
Sec. 47. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
Subd. 2. Definitions. As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:
(a) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.
(b) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve substantial child endangerment, and for reports of maltreatment in facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10; or in a nonlicensed personal care provider association as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(c) "Substantial child endangerment" means a person responsible for a child's care, and in the case of sexual abuse includes a person who has a significant relationship to the child as defined in section 609.341, or a person in a position of authority as defined in section 609.341, who by act or omission commits or attempts to commit an act against a child under their care that constitutes any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) sexual abuse as defined in paragraph (d);
(3) abandonment under section 260C.301, subdivision 2;
(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(5) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(6) manslaughter in the first or second degree under section 609.20 or 609.205;
(7) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(8) solicitation, inducement, and promotion of prostitution under section 609.322;
(9) criminal sexual conduct under sections 609.342 to 609.3451;
(10) solicitation of children to engage in sexual conduct under section 609.352;
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(11) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.301, subdivision 3, paragraph (a).
(d) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse.
(e) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.
(f) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health. This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
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(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or
(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.
(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 121A.67 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following that are done in anger or without regard to the safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances;
(9) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58.
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(h) "Report" means any report received by the local welfare agency, police department, county sheriff, or agency responsible for assessing or investigating maltreatment pursuant to this section.
(i) "Facility" means:
(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or
(3) a nonlicensed personal care provider organization as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(j) "Operator" means an operator or agency as defined in section 245A.02.
(k) "Commissioner" means the commissioner of human services.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
(m) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.
(n) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar law of another jurisdiction.
A child is the subject of a report of
threatened injury when the responsible social services agency receives birth
match data under paragraph (o) from the Department of Human Services.
(o) Upon receiving data under section 144.225,
subdivision 2b, contained in a birth record or recognition of parentage
identifying a child who is subject to threatened injury under paragraph (n),
the Department of Human Services shall send the data to the responsible social
services agency. The data is known as
"birth match" data. Unless the
responsible social services agency has already begun an investigation or
assessment of the report due to the birth of the child or execution of the
recognition of parentage and the parent's previous history with child
protection, the agency shall accept the birth match data as a report under this
section. The agency may use either a
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family assessment or investigation to determine whether
the child is safe. All of the provisions
of this section apply. If the child is
determined to be safe, the agency shall consult with the county attorney to
determine the appropriateness of filing a petition alleging the child is in
need of protection or services under section 260C.007, subdivision 6, clause
(16), in order to deliver needed services.
If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.301,
subdivision 3.
(o) (p) Persons who conduct assessments or
investigations under this section shall take into account accepted
child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's
health, welfare, and safety.
(p) (q) "Accidental" means a sudden,
not reasonably foreseeable, and unexpected occurrence or event which:
(1) is not likely to occur and could not have been prevented by exercise of due care; and
(2) if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.
(q) (r) "Nonmaltreatment mistake"
means:
(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and
(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident.
This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual.
Sec. 48. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
Subd. 10f. Notice of determinations. Within ten working days of the conclusion of a family assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent child maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed. Within ten working days of the conclusion of an investigation, the local welfare agency or agency responsible for assessing or investigating the report shall notify the parent or guardian of the child, the person determined to be maltreating the child, and if applicable, the director of the facility, of the determination and a summary of the specific reasons for the determination. When the investigation involves a child foster care setting that is monitored by a private licensing agency under section 245A.16, the local welfare agency responsible for assessing or investigating the report shall notify the private licensing agency of the determination and shall provide a summary of the specific reasons for the determination. The notice to the private licensing agency must include identifying private data, but not the identity
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of the reporter of maltreatment. The notice must also include a certification
that the information collection procedures under subdivision 10, paragraphs
(h), (i), and (j), were followed and a notice of the right of a data subject to
obtain access to other private data on the subject collected, created, or
maintained under this section. In
addition, the notice shall include the length of time that the records will be
kept under subdivision 11c. The
investigating agency shall notify the parent or guardian of the child who is
the subject of the report, and any person or facility determined to have
maltreated a child, of their appeal or review rights under this section or
section 256.022. The notice must
also state that a finding of maltreatment may result in denial of a license
application or background study disqualification under chapter 245C related to
employment or services that are licensed by the Department of Human Services
under chapter 245A, the Department of Health under chapter 144 or 144A, the
Department of Corrections under section 241.021, and from providing services
related to an unlicensed personal care provider organization under chapter
256B.
Sec. 49. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
Subd. 10i. Administrative reconsideration; review panel. (a) Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made. For investigations, except as provided under paragraph (e), an individual or facility that the commissioner of human services, a local social service agency, or the commissioner of education determines has maltreated a child, an interested person acting on behalf of the child, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, the request for reconsideration must be postmarked and sent to the investigating agency within 15 calendar days of the individual's or facility's receipt of the final determination. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 15 calendar days after the individual's or facility's receipt of the final determination. Effective January 1, 2002, an individual who was determined to have maltreated a child under this section and who was disqualified on the basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and the disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment determination and the disqualification must be postmarked and sent to the investigating agency within 30 calendar days of the individual's receipt of the maltreatment determination and notice of disqualification. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 30 calendar days after the individual's receipt of the notice of disqualification.
(b) Except as provided under paragraphs (e)
and (f), if the investigating agency denies the request or fails to act upon the
request within 15 working days after receiving the request for reconsideration,
the person or facility entitled to a fair hearing under section 256.045 may
submit to the commissioner of human services or the commissioner of education a
written request for a hearing under that section. Section 256.045 also governs hearings
requested to contest a final determination of the commissioner of
education. For reports involving
maltreatment of a child in a facility, an interested person acting on behalf of
the child may request a review by the Child Maltreatment Review Panel under
section 256.022 if the investigating agency denies the request or fails to act
upon the request or if the interested person contests a reconsidered
determination. The investigating agency
shall notify persons who request reconsideration of their rights under this
paragraph. The request must be submitted
in writing to the review panel and a copy sent to the investigating agency
within 30 calendar days of receipt of notice of a denial of a request for
reconsideration or of a reconsidered determination. The request must specifically identify the
aspects of the agency determination with which the person is dissatisfied.
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(c) If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f.
(d) Except as provided under paragraph (f), if an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under section 256.045, the commissioner of human services shall assure that the hearing is conducted and a decision is reached within 90 days of receipt of the request for a hearing. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party.
(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis of a determination of maltreatment, which was serious or recurring, and the individual has requested reconsideration of the maltreatment determination under paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and reconsideration of the disqualification shall be consolidated into a single reconsideration. If reconsideration of the maltreatment determination is denied and the individual remains disqualified following a reconsideration decision, the individual may request a fair hearing under section 256.045. If an individual requests a fair hearing on the maltreatment determination and the disqualification, the scope of the fair hearing shall include both the maltreatment determination and the disqualification.
(f) If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, the license holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment determination and disqualification shall not be conducted under section 256.045. Except for family child care and child foster care, reconsideration of a maltreatment determination as provided under this subdivision, and reconsideration of a disqualification as provided under section 245C.22, shall also not be conducted when:
(1) a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder based on serious or recurring maltreatment;
(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and
(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction.
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
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If the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under chapter 245C, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge.
(g) For purposes of this subdivision, "interested person acting on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been determined to be the perpetrator of the maltreatment.
Sec. 50. Minnesota Statutes 2010, section 626.556, subdivision 11, is amended to read:
Subd. 11. Records. (a) Except as provided in paragraph (b) or
(d) and subdivisions 10b, 10d, 10g, and 11b, all records concerning
individuals maintained by a local welfare agency or agency responsible for
assessing or investigating the report under this section, including any written
reports filed under subdivision 7, shall be private data on individuals, except
insofar as copies of reports are required by subdivision 7 to be sent to the
local police department or the county sheriff.
All records concerning determinations of maltreatment by a facility are
nonpublic data as maintained by the Department of Education, except insofar as
copies of reports are required by subdivision 7 to be sent to the local police
department or the county sheriff.
Reports maintained by any police department or the county sheriff shall
be private data on individuals except the reports shall be made available to
the investigating, petitioning, or prosecuting authority, including county medical
examiners or county coroners. Section
13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than the
reports. The local social services
agency or agency responsible for assessing or investigating the report shall
make available to the investigating, petitioning, or prosecuting authority,
including county medical examiners or county coroners or their professional
delegates, any records which contain information relating to a specific
incident of neglect or abuse which is under investigation, petition, or
prosecution and information relating to any prior incidents of neglect or abuse
involving any of the same persons. The
records shall be collected and maintained in accordance with the provisions of
chapter 13. In conducting investigations
and assessments pursuant to this section, the notice required by section 13.04,
subdivision 2, need not be provided to a minor under the age of ten who is the
alleged victim of abuse or neglect. An
individual subject of a record shall have access to the record in accordance
with those sections, except that the name of the reporter shall be confidential
while the report is under assessment or investigation except as otherwise
permitted by this subdivision. Any
person conducting an investigation or assessment under this section who
intentionally discloses the identity of a reporter prior to the completion of
the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed,
the name of the reporter shall be confidential.
The subject of the report may compel disclosure of the name of the
reporter only with the consent of the reporter or upon a written finding by the
court that the report was false and that there is evidence that the report was
made in bad faith. This subdivision does
not alter disclosure responsibilities or obligations under the Rules of
Criminal Procedure.
(b) Upon request of the legislative auditor, data on individuals maintained under this section must be released to the legislative auditor in order for the auditor to fulfill the auditor's duties under section 3.971. The auditor shall maintain the data in accordance with chapter 13.
(c) The commissioner of education must be provided with all requested data that are relevant to a report of maltreatment and are in possession of a school facility as defined in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or investigation of a maltreatment report of a student in a school. If the commissioner of education makes a determination of maltreatment involving an individual performing work within a school facility who is licensed by a board or other agency, the commissioner shall provide necessary and relevant information to the licensing entity to enable the entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data received by a licensing entity under this paragraph are governed by section 13.41 or other applicable law governing data of the receiving entity, except that this section applies to the classification of and access to data on the reporter of the maltreatment.
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(d) The investigating agency shall exchange not public
data with the Child Maltreatment Review Panel under section 256.022 if the data
are pertinent and necessary for a review requested under section 256.022. Upon completion of the review, the not public
data received by the review panel must be returned to the investigating agency.
Sec. 51. REPEALER.
Minnesota Statutes 2010, section 256.022, is repealed.
Sec. 52. EFFECTIVE DATE.
This article is effective August 2, 2012.
ARTICLE 2
SAFE PLACE FOR NEWBORNS
Section 1. Minnesota Statutes 2010, section 145.902, is amended to read:
145.902 GIVE LIFE A CHANCE; SAFE
PLACE FOR NEWBORNS; HOSPITAL
DUTIES; IMMUNITY.
Subdivision 1. General.
(a) For purposes of this section, a "safe place" means
a hospital licensed under sections 144.50 to 144.56, a health care provider who
provides 24-hour urgent care medical services, or an ambulance service licensed
under chapter 144E dispatched in response to a 911 call from a mother or a
person with the mother's permission to relinquish a newborn infant.
(b) A hospital licensed under sections 144.50 to
144.56 safe place shall receive a newborn left with a hospital
an employee on the hospital premises of the safe place during
its hours of operation, provided that:
(1) the newborn was born within 72 hours seven
days of being left at the hospital safe place, as determined
within a reasonable degree of medical certainty; and
(2) the newborn is left in an unharmed condition.
(b) (c) The hospital safe place
must not inquire as to the identity of the mother or the person leaving the
newborn or call the police, provided the newborn is unharmed when presented to
the hospital. The hospital safe
place may ask the mother or the person leaving the newborn about the
medical history of the mother or newborn but the mother or the person leaving
the newborn is not required to provide any information. The hospital safe place may
provide the mother or the person leaving the newborn with information about how
to contact relevant social service agencies.
(d) A safe place that is a health care provider who
provides 24-hour urgent care medical services shall dial 911, advise the
dispatcher that the call is being made from a safe place for newborns, and ask
the dispatcher to send an ambulance or take other appropriate action to
transport the newborn to a hospital. An
ambulance with whom a newborn is left shall transport the newborn to a hospital
for care. Hospitals must receive a
newborn left with a safe place and make the report as required in subdivision
2.
Subd. 2. Reporting.
Within 24 hours of receiving a newborn under this section, the
hospital must inform the local welfare agency responsible social
service agency that a newborn has been left at the hospital, but must not
do so before in the presence of the mother or the person leaving
the newborn leaves the hospital. The
hospital must provide necessary care to the newborn pending assumption of legal
responsibility by the responsible social services agency pursuant to section
260C.217, subdivision 4.
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Subd. 3. Immunity. (a) A hospital safe place
with responsibility for performing duties under this section, and any employee,
doctor, ambulance personnel, or other medical professional working at
the hospital safe place, are immune from any criminal liability
that otherwise might result from their actions, if they are acting in good
faith in receiving a newborn, and are immune from any civil liability that
otherwise might result from merely receiving a newborn.
(b) A hospital safe place
performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the hospital safe
place who is a mandated reporter under section 626.556, is immune from any
criminal or civil liability that otherwise might result from the failure to
make a report under that section if the person is acting in good faith in
complying with this section.
Sec. 2. Minnesota Statutes 2010, section 260C.217, is amended to read:
260C.217
GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS.
Subdivision 1. Duty to
attempt reunification, duty to search for relatives, and preferences not
applicable. A local responsible
social service agency taking custody of with responsibility for a
child after discharge from a hospital that received a child under section
145.902 pursuant to subdivision 4, is not required to attempt to
reunify the child with the child's parents.
Additionally, the agency is not required to search for relatives of the
child as a placement or permanency option under section 260C.212, subdivision
5, or to implement other placement requirements that give a preference to
relatives if the agency does not have information as to the identity of the
child, the child's mother, or the child's father.
Subd. 1a. Definitions. For purposes of this section, "safe
place" has the meaning given in section 145.902.
Subd. 2. Status
of child. For purposes of
proceedings under this chapter and adoption proceedings, a newborn left at a hospital
under safe place, pursuant to subdivision 3 and section 145.902,
is considered an abandoned child under section 626.556, subdivision 2,
paragraph (c), clause (3). The child is
abandoned under sections 260C.007, subdivision 6, clause (1), and 260C.301,
subdivision 1, paragraph (b), clause (1).
Subd. 3. Relinquishment
of a newborn. A mother or any
person, with the mother's permission, may bring a newborn infant to a safe
place during its hours of operation and leave the infant in the care of an
employee of the safe place. The mother
or a person with the mother's permission may call 911 to request to have an
ambulance dispatched to an agreed-upon location to relinquish a newborn infant
into the custody of ambulance personnel.
Subd. 4. Placement
of the newborn. The agency
contacted by a safe place pursuant to section 145.902, subdivision 2, shall
have legal responsibility for the placement of the newborn infant in foster
care for 72 hours during which time the agency shall file a petition under
section 260C.141 and ask the court to order continued placement of the child in
foster care. The agency shall
immediately begin planning for adoptive placement of the newborn.
Sec. 3. Minnesota Statutes 2010, section 609.3785, is amended to read:
609.3785
UNHARMED NEWBORNS LEFT AT HOSPITALS A SAFE PLACE; AVOIDANCE OF
PROSECUTION.
A person may leave a newborn with a
hospital an employee at a hospital safe place, as defined
in section 145.902, in this state, pursuant to section 260C.217,
subdivision 3, without being subjected to prosecution for that act,
provided that:
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(1) the newborn was born within 72 hours seven
days of being left at the hospital safe place, as determined
within a reasonable degree of medical certainty;
(2) the newborn is left in an unharmed condition; and
(3) in cases where the person leaving the newborn is not the newborn's mother, the person has the mother's approval to do so.
ARTICLE 3
ADOPTION ASSISTANCE
Section 1. [259A.01] DEFINITIONS.
Subdivision 1.
Scope. For the purposes of this chapter, the
terms defined in this section have the meanings given them except as otherwise
indicated by the context.
Subd. 2.
Adoption assistance. "Adoption assistance" means
medical coverage and reimbursement of nonrecurring adoption expenses, and may
also include financial support and reimbursement for specific nonmedical
expenses provided under agreement with the parent of an adoptive child who
would otherwise remain in foster care and whose special needs would otherwise
make it difficult to place the child for adoption. Financial support may include a basic
maintenance payment and a supplemental needs payment.
Subd. 3.
Adoptive parent. "Adoptive parent" means the
adult who has been made the legal parent of a child through a court-ordered
adoption decree or a customary adoption through tribal court.
Subd. 4.
AFDC. "AFDC" means the aid to
families with dependent children program under sections 256.741, 256.82, and
256.87.
Subd. 5.
Assessment. "Assessment" means the
process by which the child-placing agency determines the benefits an eligible
child may receive under this chapter.
Subd. 6.
At-risk child. "At-risk child" means a
child who does not have a documented disability but who is at risk of
developing a physical, mental, emotional, or behavioral disability based on
being related within the first or second degree to persons who have an
inheritable physical, mental, emotional, or behavioral disabling condition, or
from a background that has the potential to cause the child to develop a
physical, mental, emotional, or behavioral disability that the child is at risk
of developing. The disability must
manifest during childhood.
Subd. 7.
Basic maintenance payment. "Basic maintenance payment"
means the maintenance payment made on behalf of a child to support the costs an
adoptive parent incurs to meet a child's needs consistent with the care parents
customarily provide, including: food,
clothing, shelter, daily supervision, school supplies, and a child's personal
incidentals. It also supports reasonable
travel to participate in face-to-face visitation between child and birth
relatives, including siblings.
Subd. 8.
Child. "Child" means an individual
under 18 years of age. For purposes of
this chapter, child also includes individuals up to age 21 who have approved
adoption assistance agreement extensions under section 259A.45, subdivision 1.
Subd. 9.
Child-placing agency. "Child-placing agency" means
a business, organization, or department of government, including the
responsible social services agency or a federally recognized Minnesota tribe,
designated or authorized by law to place children for adoption and assigned
legal responsibility for placement, care, and supervision of the child through
a court order, voluntary placement agreement, or voluntary relinquishment.
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Subd. 10.
Child under guardianship of
the commissioner of human services. "Child
under guardianship of the commissioner of human services" means a child
the court has ordered under the guardianship of the commissioner of human
services pursuant to section 260C.325.
Subd. 11.
Commissioner. "Commissioner" means the
commissioner of human services or any employee of the Department of Human
Services to whom the commissioner has delegated authority regarding children
under the commissioner's guardianship.
Subd. 12. Consent of parent to adoption under chapter 260C. "Consent of parent to adoption under chapter 260C" means the consent executed pursuant to section 260C.515, subdivision 3.
Subd. 13.
Department. "Department" means the
Minnesota Department of Human Services.
Subd. 14.
Disability. "Disability" means a
physical, mental, emotional, or behavioral impairment that substantially limits
one or more major life activities. Major
life activities include, but are not limited to: thinking, walking, hearing, breathing,
working, seeing, speaking, communicating, learning, developing and maintaining
healthy relationships, safely caring for oneself, and performing manual tasks. The nature, duration, and severity of the
impairment shall be used in determining if the limitation is substantial.
Subd. 15.
Foster care. "Foster care" has the
meaning given in section 260C.007, subdivision 18.
Subd. 16.
Guardian. "Guardian" means an adult
who is appointed pursuant to section 260C.325.
For a child under guardianship of the commissioner, the child's guardian
is the commissioner of human services.
Subd. 17.
Guardianship. "Guardianship" means the
court-ordered rights and responsibilities of the guardian of a child and includes
legal custody of the child.
Subd. 18.
Indian child. "Indian child" has the
meaning given in section 260.755, subdivision 8.
Subd. 19.
Legal custodian. "Legal custodian" means a
person to whom permanent legal and physical custody of a child has been
transferred under chapter 260C, or for children under tribal court
jurisdiction, a similar provision under tribal code which means that the
individual responsible for the child has responsibility for the protection,
education, care, and control of the child and decision making on behalf of the
child.
Subd. 20.
Medical assistance. "Medical assistance" means
Minnesota's implementation of the federal Medicaid program.
Subd. 21.
Parent. "Parent" has the meaning
given in section 257.52. Parent does not
mean a putative father of a child unless the putative father also meets the
requirements of section 257.55 or unless the putative father is entitled to
notice under section 259.49, subdivision 1.
For matters governed by the Indian Child Welfare Act, parent includes
any Indian person who has adopted a child by tribal law or custom, as provided
in section 260.755, subdivision 14, and does not include the unwed father where
paternity has not been acknowledged or established.
Subd. 22.
Permanent legal and physical
custody. "Permanent
legal and physical custody" means permanent legal and physical custody
ordered by a Minnesota court under section 260C.515, subdivision 4, or for
children under tribal court jurisdiction, a similar provision under tribal code
which means that the individual with permanent legal and physical custody of
the child has responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child.
Subd. 23.
Preadoptive parent. "Preadoptive parent" means
an adult who is caring for a child in an adoptive placement, but where the court has not yet ordered a final decree of
adoption making the adult the legal parent of the child.
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Subd. 24. Reassessment. "Reassessment" means an
update of a previous assessment through the process under this chapter
completed for a child who has been continuously eligible for this benefit.
Subd. 25. Relative. "Relative" means a person
related to the child by blood, marriage, or adoption, or an individual who is
an important friend with whom the child has resided or had significant
contact. For an Indian child, relative
includes members of the extended family as defined by law or custom of the
Indian child's tribe, or, in the absence of law or custom, shall be a person
who has reached the age of 18 and who is the Indian child's grandparent, aunt
or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew,
first or second cousin, or stepparent, as provided in the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1903.
Subd. 26. Relative
search. "Relative
search" means the search that is required under section 260C.212,
subdivision 5.
Subd. 27. Sibling. "Sibling" has the meaning
given in section 260C.007, subdivision 32.
Subd. 28. Social
and medical history. "Social
and medical history" means the document, on a form or forms prescribed by
the commissioner, that contains a child's genetic, medical, and family
background as well as the history and current status of a child's physical and
mental health, behavior, demeanor, foster care placements, education, and family
relationships and has the same meaning as the history required under sections
259.43 and 260C.609.
Subd. 29. Supplemental
needs payment. "Supplemental
needs payment" means the payment which is negotiated with the adoptive
parent for a child who has a documented physical, mental, emotional, or
behavioral disability. The payment is
made based on the requirements associated with parenting duties to nurture the
child, preserve the child's connections, and support the child's functioning in
the home.
Subd. 30. Termination
of parental rights. "Termination
of parental rights" means a court order that severs all rights, powers,
privileges, immunities, duties, and obligations, including any rights to
custody, control, visitation, or support, existing between a parent and
child. For an Indian child who is a ward
of tribal court, termination of parental rights means any action resulting in
the termination or suspension of the parent-child relationship when the tribe
has made a judicial determination that the child cannot or should not be
returned to the home of the child's parent or parents.
Sec. 2. [259A.05]
PROGRAM ADMINISTRATION.
Subdivision 1. Administration
of title IV-E programs. The
title IV-E Adoption Assistance Program shall operate according to the
requirements of United States Code, title 42, sections 671 and 673, and Code of
Federal Regulations, parts 1355 and 1356.
Subd. 2. Administration
responsibilities. (a) AFDC
relatedness is one eligibility component of title IV-E adoption assistance. The AFDC relatedness determination shall be
made by an agency according to policies and procedures prescribed by the
commissioner.
(b) Subject to commissioner approval,
the child-placing agency shall certify a child's eligibility for adoption assistance
in writing on the forms prescribed by the commissioner according to section
259A.15.
(c) Children who meet all eligibility
criteria except those specific to title IV-E, shall receive adoption assistance
paid through state funds.
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(d) The child-placing agency is
responsible for assisting the commissioner with the administration of the
adoption assistance program by conducting assessments, reassessments,
negotiations, and other activities as specified by the requirements and
procedures prescribed by the commissioner.
(e) The child-placing agency shall
notify an adoptive parent of a child's eligibility for Medicaid in the state of
residence. In Minnesota, the
child-placing agency shall refer the adoptive parent to the appropriate social
service agency in the parent's county of residence that administers medical assistance. The child-placing agency shall inform the
adoptive parent of the requirement to comply with the rules of the applicable
Medicaid program.
Subd. 3. Procedures,
requirements, and deadlines. The
commissioner shall specify procedures, requirements, and deadlines for the
administration of adoption assistance in accordance with this section.
Subd. 4. Promotion
of programs. (a) Parents who
adopt children with special needs must be informed of the adoption tax credit.
(b) The commissioner shall actively seek
ways to promote the adoption assistance program, including informing
prospective adoptive parents of eligible children under guardianship of the
commissioner and the availability of adoption assistance.
Sec. 3. [259A.10]
ELIGIBILITY REQUIREMENTS.
Subdivision 1. General
eligibility requirements. (a)
To be eligible for adoption assistance, a child must:
(1) be determined to be a child with
special needs, according to subdivision 2;
(2) meet the applicable citizenship and
immigration requirements in subdivision 3; and
(3)(i) meet the criteria outlined in
section 473 of the Social Security Act; or
(ii) have had foster care payments paid
on the child's behalf while in out-of-home placement through the county or tribal
social service agency and be a child under the guardianship of the commissioner
or a ward of tribal court.
(b) In addition to the requirements in
paragraph (a), the child's adoptive parents must meet the applicable background
study requirements outlined in subdivision 4.
Subd. 2. Special
needs determination. (a) A
child is considered a child with special needs under this section if all of the
requirements in paragraphs (b) to (g) are met.
(b) There has been a determination that
the child cannot or should not be returned to the home of the child's parents
as evidenced by:
(1) court-ordered termination of
parental rights;
(2) petition to terminate parental
rights;
(3) consent of parent to adoption
accepted by the court under chapter 260C;
(4) in circumstances where tribal law
permits the child to be adopted without a termination of parental rights, a
judicial determination by tribal court indicating the valid reason why the
child cannot or should not return home;
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(5) voluntary relinquishment under section 259.25 or
259.47 or, if relinquishment occurred in another state, the applicable laws in
that state; or
(6) death of the legal parent, or parents if the child
has two legal parents.
(c) There exists a specific factor or condition because
of which it is reasonable to conclude that the child cannot be placed with
adoptive parents without providing adoption assistance as evidenced by:
(1) determination by the Social Security Administration
that the child meets all medical or disability requirements of title XVI of the
Social Security Act with respect to eligibility for Supplemental Security
Income benefits;
(2) documented physical, mental, emotional, or
behavioral disability not covered under clause (1);
(3) a member in a sibling group being adopted at the
same time by the same parent;
(4) adoptive placement in the home of a parent who
previously adopted a sibling for whom they receive adoption assistance; or
(5) documentation that the child is an at-risk child.
(d) A reasonable but unsuccessful effort was made to
place the child with adoptive parents without providing adoption assistance as
evidenced by:
(1) a documented search for an appropriate adoptive
placement; or
(2) determination by the commissioner that a search
under clause (1) is not in the best interests of the child.
(e) The requirement for a documented search for an
appropriate adoptive placement under paragraph (d), including the registration
of the child with the State Adoption Exchange and other recruitment methods
under paragraph (f), must be waived if:
(1) the child is being adopted by a relative and it is
determined by the child-placing agency that adoption by the relative is in the
best interests of the child;
(2) the child is being adopted by a foster parent with
whom the child has developed significant emotional ties while in their care as
a foster child and it is determined by the child-placing agency that adoption
by the foster parent is in the best interests of the child; or
(3) the child is being adopted by a parent that
previously adopted a sibling of the child, and it is determined by the
child-placing agency that adoption by this parent is in the best interests of
the child.
When the Indian Child Welfare Act applies, a waiver must
not be granted unless the child-placing agency has complied with the placement
preferences required by the Indian Child Welfare Act according to United States
Code, title 25, section 1915(a).
(f) To meet the requirement of a documented search for
an appropriate adoptive placement under paragraph (d), clause (1), the
child-placing agency minimally must:
(1) conduct a relative search as required by section
260C.212, subdivision 5, and give consideration to placement with a relative as
required by section 260C.212, subdivision 2;
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(2) comply with the adoptive placement preferences
required under the Indian Child Welfare Act when the Indian Child Welfare Act,
United States Code, title 25, section 1915(a), applies;
(3) locate prospective adoptive families by registering
the child on the State Adoption Exchange, as required under section 259.75; and
(4) if registration with the State Adoption Exchange
does not result in the identification of an appropriate adoptive placement, the
agency must employ additional recruitment methods, as outlined in requirements
and procedures prescribed by the commissioner.
(g) Once the child-placing agency has determined that
placement with an identified parent is in the child's best interest and has
made full written disclosure about the child's social and medical history, the
agency must ask the prospective adoptive parent if they are willing to adopt
the child without adoption assistance.
If the identified parent is either unwilling or unable to adopt the
child without adoption assistance, the child-placing agency must provide
documentation as prescribed by the commissioner to fulfill the requirement to
make a reasonable effort to place the child without adoption assistance. If the identified parent desires to adopt the
child without adoption assistance, the parent must provide a written statement
to this effect to the child-placing agency and the statement must be maintained
in the permanent adoption record of the child-placing agency. For children under guardianship of the
commissioner, the child-placing agency shall submit a copy of this statement to
the commissioner to be maintained in the permanent adoption record.
Subd. 3.
Citizenship and immigration
status. (a) A child must be a
citizen of the United States or otherwise eligible for federal public benefits
according to the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, as amended, in order to be eligible for the title IV-E Adoption
Assistance Program.
(b) A child must be a citizen of the United States or
meet the qualified alien requirements as defined in the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, as amended, in order to be
eligible for state-funded adoption assistance.
Subd. 4.
Background study. (a) A background study under section
259.41 must be completed on each prospective adoptive parent. An adoptive parent is prohibited from receiving
adoption assistance on behalf of an otherwise eligible child if the background
study reveals:
(1) a felony conviction at any time for:
(i) child abuse or neglect;
(ii) spousal abuse;
(iii) a crime against children, including child
pornography; or
(iv) a crime involving violence, including rape, sexual
assault, or homicide, but not including other physical assault or battery; or
(2) a felony conviction within the past five years for:
(i) physical assault;
(ii) battery; or
(iii) a drug-related offense.
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7869
Subd. 5. Responsibility for determining adoption
assistance eligibility. The
state will determine eligibility for:
(1) a Minnesota child under the guardianship of the
commissioner who would otherwise remain in foster care;
(2) a child who is not under the guardianship of the
commissioner who meets title IV-E eligibility defined in section 473 of the
Social Security Act and no state agency has
legal responsibility for placement and care of the child;
(3) a Minnesota child under tribal jurisdiction who
would otherwise remain in foster care; and
(4) an Indian child being placed in Minnesota who meets
title IV-E eligibility defined in section 473 of the Social Security Act. The agency or entity assuming responsibility
for the child is responsible for the nonfederal share of the adoption assistance
payment.
Subd. 6.
Exclusions. The commissioner shall not enter into
an adoption assistance agreement with:
(1) a child's biological parent or stepparent;
(2) a child's relative, according to section 260C.007,
subdivision 27, with whom the child resided immediately prior to child welfare
involvement unless:
(i) the child was in the custody of a Minnesota county or
tribal agency pursuant to an order under chapter 260C or equivalent provisions
of tribal code and the agency had placement and care responsibility for
permanency planning for the child; and
(ii) the child is under guardianship of the commissioner
of human services according to the requirements of section 260C.325,
subdivision 1, paragraphs (a) and (b), or subdivision 3, paragraphs (a) and
(b), or is a ward of a Minnesota tribal court after termination of parental
rights, suspension of parental rights, or a finding by the tribal court that
the child cannot safely return to the care of the parent;
(3) a child's legal custodian or guardian who is now
adopting the child;
(4) an individual adopting a child who is the subject of
a direct adoptive placement under section 259.47 or the equivalent in tribal
code; or
(5) an individual who is adopting a child who is not a
citizen or resident of the United States and was either adopted in another
country or brought to this country for the purposes of adoption.
Sec. 4. [259A.15] ESTABLISHMENT OF ADOPTION
ASSISTANCE ELIGIBILITY.
Subdivision 1.
Adoption assistance
certification. (a) The
child-placing agency shall certify a child as eligible for adoption assistance
according to requirements and procedures, and on forms prescribed by the
commissioner. Documentation from a
qualified expert must be provided to verify that a child meets the special
needs criteria in section 259A.10, subdivision 2.
(b) Expert documentation of a disability is limited to
evidence deemed appropriate by the commissioner and must be submitted with the
certification. Examples of appropriate
documentation include, but are not limited to, medical records, psychological
assessments, educational or early childhood evaluations, court findings, and
social and medical history.
(c) Documentation that the child is an at-risk child
must be submitted according to requirements and procedures prescribed by the commissioner.
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Subd. 2. Adoption
assistance agreement. (a) An
adoption assistance agreement is a binding contract between the adopting
parent, the child-placing agency, and the commissioner. The agreement outlines the benefits to be
provided on behalf of an eligible child.
(b) In order to receive adoption assistance
benefits, a written agreement on a form prescribed by the commissioner must be
signed by the parent, an approved representative from the child-placing agency,
and the commissioner prior to the effective date of the adoption decree. No later than 30 days after the parent is
approved for the adoptive placement, the agreement must be negotiated with the
parent as required in section 259A.25, subdivision 1. Adoption assistance must be approved or
denied by the commissioner no later than 15 business days after the receipt of
a complete adoption assistance application prescribed by the commissioner. A fully executed copy of the signed agreement
must be given to each party. Termination
or disruption of the adoptive placement preceding adoption finalization makes
the agreement with that parent void.
(c) The agreement must specify the
following:
(1) duration of the agreement;
(2) the nature and amount of any
payment, services, and assistance to be provided under the agreement;
(3) the child's eligibility for
Medicaid services;
(4) the terms of the payment;
(5) eligibility for reimbursement of
nonrecurring expenses associated with adopting the child, to the extent that
the total cost does not exceed $2,000 per child;
(6) that the agreement will remain in
effect regardless of the state in which the adoptive parent resides at any
given time;
(7) provisions for modification of the
terms of the agreement; and
(8) the effective date of the
agreement.
(d) The agreement is effective on the
date of the adoption decree.
Subd. 3. Assessment
tool. An assessment tool
prescribed by the commissioner must be completed for any child who has a
documented disability that necessitates care, supervision, and structure beyond
that ordinarily provided in a family setting to children of the same age. This assessment tool must be submitted with
the adoption assistance certification and establishes eligibility for the
amount of assistance requested.
Sec. 5. [259A.20]
BENEFITS AND PAYMENTS.
Subdivision 1. General
information. (a) Payments to
parents under adoption assistance must be made monthly.
(b) Payments must commence when the
commissioner receives the adoption decree from the court, the child-placing
agency, or the parent. Payments must be made
according to requirements and procedures prescribed by the commissioner.
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(c) Payments shall only be made to the
adoptive parent specified on the agreement.
If there is more than one adoptive parent, both parties must be listed
as the payee unless otherwise specified in writing according to requirements
and procedures prescribed by the commissioner.
(d) Payment must be considered income
and resource attributable to the child.
Payment must not be assigned or transferred to another party. Payment is exempt from garnishment, except as
permissible under the laws of the state where the child resides.
Subd. 2. Medical
assistance eligibility. Eligibility
for medical assistance for children receiving adoption assistance is as
specified in section 256B.055.
Subd. 3. Payments. (a) The basic maintenance payments
must be made according to the following schedule for all children except those
eligible for adoption assistance based on being an at-risk child:
|
Birth through age five |
up to $247 per month |
|
Age six through age 11 |
up to $277 per month |
|
Age 12 through age 14 |
up to $307 per month |
|
Age 15 and older |
up to $337 per month |
A child must receive the maximum
payment amount for the child's age, unless a lesser amount is negotiated with
and agreed to by the prospective adoptive parent.
(b) Supplemental needs payments, in addition
to basic maintenance payments, are available based on the severity of a child's
disability and the level of parenting required to care for the child, and must
be made according to the following amounts:
|
Level I |
up to $150 per month |
|
Level II |
up to $275 per month |
|
Level III |
up to $400 per month |
|
Level IV |
up to $500 per month |
A child's level shall be assessed on an
assessment tool prescribed by the commissioner.
A child must receive the maximum payment for the child's assessed level,
unless a lesser amount is negotiated with and agreed to by the prospective
adoptive parent.
Subd. 4. Reimbursement
for special nonmedical expenses. (a)
Reimbursement for special nonmedical expenses is available to children, except
those eligible for adoption assistance based on being an at-risk child.
(b) Reimbursements under this paragraph
shall be made only after the adoptive parent documents that the requested
service was denied by the local social service agency, community agencies,
local school district, local public health department, the parent's insurance
provider, or the child's program. The
denial must be for an eligible service or qualified item under the program
requirements of the applicable agency or organization.
(c) Reimbursements must be previously
authorized, adhere to the requirements and procedures prescribed by the
commissioner, and be limited to:
(1) child care for a child age 12 and younger,
or for a child age 13 or 14 who has a documented disability that requires
special instruction for and services by the child care provider. Child care reimbursements may be made if all
available adult caregivers are employed or attending educational or vocational
training programs. If a parent is
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attending an educational or vocational
training program, child care reimbursement is limited to no more than the time
necessary to complete the credit requirements for an associate or baccalaureate
degree as determined by the educational institution. Child care reimbursement is not limited for
an adoptive parent completing basic or remedial education programs needed to
prepare for postsecondary education or employment;
(2) respite care provided for the
relief of the child's parent up to 504 hours of respite care annually;
(3) camping up to 14 days per state
fiscal year for a child to attend a special needs camp. The camp must be accredited by the American
Camp Association as a special needs camp in order to be eligible for camp
reimbursement;
(4) postadoption counseling to promote
the child's integration into the adoptive family that is provided by the
placing agency during the first year following the date of the adoption
decree. Reimbursement is limited to 12
sessions of postadoption counseling;
(5) family counseling that is required
to meet the child's special needs.
Reimbursement is limited to the prorated portion of the counseling fees
allotted to the family when the adoptive parent's health insurance or Medicaid
pays for the child's counseling but does not cover counseling for the rest of
the family members;
(6) home modifications to accommodate
the child's special needs upon which eligibility for adoption assistance was
approved. Reimbursement is limited to
once every five years per child;
(7) vehicle modifications to
accommodate the child's special needs upon which eligibility for adoption
assistance was approved. Reimbursement
is limited to once every five years per family; and
(8) burial expenses up to $1,000, if
the special needs, upon which eligibility for adoption assistance was approved,
resulted in the death of the child.
(d) The adoptive parent shall submit
statements for expenses incurred between July 1 and June 30 of a given fiscal
year to the state adoption assistance unit within 60 days after the end of the
fiscal year in order for reimbursement to occur.
Sec. 6. [259A.25]
DETERMINATION OF ADOPTION ASSISTANCE BENEFITS AND PAYMENT.
Subdivision 1. Negotiation
of adoption assistance agreement. (a)
A monthly payment is provided as part of the adoption assistance agreement to support
the care of a child who has manifested special needs. The amount of the payment made on behalf of a
child eligible for adoption assistance is determined through negotiation
between the adoptive parent and the child-placing agency on behalf of the commissioner. The negotiation shall take into consideration
the circumstances of the adopting parent and the needs of the child being
adopted. The income of the adoptive
parent must not be taken into consideration when determining eligibility for
adoption assistance or the amount of the payments under section 259A.20. At the written request of the adoptive
parent, the amount of the payment in the agreement may be renegotiated when
there is a change in the child's needs or the family's circumstances.
(b) The adoption assistance agreement
of a child who is identified as an at-risk child must not include a monthly
payment unless and until the potential disability upon which the eligibility
for the agreement was based has manifested during childhood.
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Subd. 2.
Renegotiation of adoption
assistance agreement. (a) An
adoptive parent of a child with an adoption assistance agreement may request
renegotiation of the agreement when there is a change in the needs of the child
or in the family's circumstances. When
an adoptive parent requests renegotiation of the agreement, a reassessment of
the child must be completed by: (1) the
responsible social services agency in the child's county of residence; or (2)
the child-placing agency that facilitated the adoption when the child's residence
is out of state. If the reassessment
indicates that the child's needs have changed, the child-placing agency, on
behalf of the commissioner and the parent, shall renegotiate the agreement to
include a payment of the level determined appropriate through the reassessment
process using the assessment tool prescribed by the commissioner according to
section 259A.15, subdivision 3. The
agreement must not be renegotiated unless the commissioner and the parent
mutually agree to the changes. The
effective date of any renegotiated agreement must be determined according to
requirements and procedures prescribed by the commissioner.
(b) An adoptive parent of a child with an adoption
assistance agreement based on the child being an at-risk child may request
renegotiation of the agreement to include a monthly payment. The parent must have written documentation
from a qualified expert that the potential disability upon which eligibility
for adoption assistance was approved has manifested. Documentation of the disability must be
limited to evidence deemed appropriate by the commissioner. Prior to renegotiating the agreement, a
reassessment of the child must be conducted using an assessment tool prescribed
by the commissioner according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate
the agreement to include an appropriate monthly payment. The agreement must not be renegotiated unless
the commissioner and the adoptive parent mutually agree to the changes. The effective date of any renegotiated
agreement must be determined according to requirements and procedures
prescribed by the commissioner.
Subd. 3.
Child income or income
attributable to the child. No
income received by a child will be considered in determining a child's adoption
assistance payment amount. If a child
for whom a parent is receiving adoption assistance is also receiving
Supplemental Security Income (SSI) or Retirement, Survivors, Disability
Insurance (RSDI), the certifying agency shall inform the adoptive parent that
the child's adoption assistance must be reported to the Social Security
Administration.
Sec. 7. [259A.30] REPORTING RESPONSIBILITIES.
Subdivision 1.
Notification of change. (a) An adoptive parent who has an
adoption assistance agreement shall keep the agency administering the program
informed of changes in status or circumstances that would make the child
ineligible for the payments or eligible for payments in a different amount.
(b) As long as the agreement is in effect, the adoptive
parent agrees to notify the agency administering the program in writing within
30 days of any of the following changes:
(1) the child's or adoptive parent's legal name;
(2) the family's address;
(3) the child's legal custody status;
(4) the child's completion of high school, if this
occurs after the child attains age 18;
(5) the end of an adoptive parent's legal responsibility
to support the child based on:
termination of parental rights of the adoptive parent, transfer of
guardianship to another person, or transfer of permanent legal and physical
custody to another person;
(6) the end of an adoptive parent's financial support of
the child;
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(7) the death of the child;
(8) the death of the adoptive parent;
(9) the child enlists in the military;
(10) the child gets married;
(11) the child becomes an emancipated
minor through legal action;
(12) the adoptive parents separate or
divorce;
(13) the child is residing outside the
adoptive home for a period of more than 30 consecutive days; and
(14) the child's status upon which
eligibility for extension under section 259A.45, subdivision 2 or 3, was based.
Subd. 2. Correct
and true information. If the
adoptive parent reports information the adoptive parent knows is untrue, the
adoptive parent fails to notify the commissioner of changes that may affect
eligibility, or the agency administering the program receives information the
adoptive parent did not report, the adoptive parent may be investigated for
theft and, if charged and convicted, shall be sentenced under section 609.52,
subdivision 3, clauses (1) to (5).
Sec. 8. [259A.35]
TERMINATION OF AGREEMENT.
Subdivision 1. Reasons
for termination. (a) An
adoption assistance agreement shall terminate in any of the following
circumstances:
(1) the child has attained the age of
18, or up to age 21, when the child meets a condition for extension as outlined
in section 259A.45, subdivision 1;
(2) the child has not attained the age
of 18, but the commissioner determines the adoptive parent is no longer legally
responsible for support of the child;
(3)
the commissioner determines the adoptive parent is no longer providing financial
support to the child up to age 21;
(4) the death of the child; or
(5) the adoptive parent requests in
writing termination of the adoption assistance agreement.
(b) An adoptive parent is considered no
longer legally responsible for support of the child in any of the following
circumstances:
(1) parental rights to the child are
legally terminated or a court accepted the parent's consent to adoption under
chapter 260C;
(2) permanent legal and physical
custody or guardianship of the child is transferred to another individual;
(3) death of adoptive parent;
(4) child enlists in the military;
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(5) child gets married; or
(6) child is determined an emancipated minor through
legal action.
Subd. 2.
Death of adoptive parent or
adoption dissolution. The
adoption assistance agreement ends upon death or termination of parental rights
of both adoptive parents in the case of a two-parent adoption, or the sole
adoptive parent in the case of a single-parent adoption. The child's adoption assistance eligibility
may be continued according to section 259A.40.
Subd. 3. Termination
notice for parent. The
commissioner shall provide the child's parent written notice of termination of
payment. Termination notices must be
sent according to the requirements and procedures prescribed by the
commissioner.
Sec. 9. [259A.40] ASSIGNMENT OF ADOPTION
ASSISTANCE AGREEMENT.
Subdivision 1.
Continuing child's eligibility
for title IV-E adoption assistance in a subsequent adoption. (a) The child maintains eligibility for
title IV-E adoption assistance in a subsequent adoption if the following
criteria are met:
(1) the child is determined to be a child with special
needs as outlined in section 259A.10, subdivision 2; and
(2) the subsequent adoptive parent resides in Minnesota.
(b) If the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parent or dissolution of the
adoption, and the subsequent adoptive parent resides outside of Minnesota, the
state is not responsible for determining whether the child meets the definition
of special needs, entering into the adoption assistance agreement, and making
any adoption assistance payments outlined in the new agreement unless a state
agency in Minnesota has responsibility for placement and care of the child at
the time of the subsequent adoption. If
there is no state agency in Minnesota that has responsibility for placement and
care of the child at the time of the subsequent adoption, it is the public child
welfare agency in the subsequent adoptive parent's residence that is
responsible for determining whether the child meets the definition of special
needs and entering into the adoption assistance agreement.
Subd. 2.
Assigning a child's adoption
assistance to a court-appointed guardian.
(a) State-funded adoption assistance may be continued with the
written consent of the commissioner to an individual who is a guardian
appointed by a court for the child upon the death of both the adoptive parents
in the case of a two-parent adoption, or the sole adoptive parent in the case
of a single-parent adoption, unless the child is under the custody of a
child-placing agency.
(b) Temporary assignment of adoption assistance may be
approved by the commissioner for a maximum of six consecutive months from the
death of the parent or parents and must adhere to the requirements and
procedures prescribed by the commissioner.
If, within six months, the child has not been adopted by a person agreed
upon by the commissioner, or if a court has not appointed a legal guardian
under either section 260C.325 or 524.5-313, or similar law of another
jurisdiction, the adoption assistance shall terminate. Upon assignment of payments pursuant to this
subdivision, funding shall be from state funds only.
Sec. 10. [259A.45] EXTENSION OF ADOPTION
ASSISTANCE AGREEMENT.
Subdivision 1.
General requirements. (a) Under certain limited
circumstances a child may qualify for extension of the adoption assistance
agreement beyond the date the child attains age 18, up to the date the child
attains the age of 21.
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(b) A request for extension of the
adoption assistance agreement must be completed in writing and submitted,
including all supporting documentation, by the adoptive parent at least 60
calendar days prior to the date that the current agreement will terminate.
(c) A signed amendment to the current
adoption assistance agreement must be fully executed between the adoptive
parent and the commissioner at least ten business days prior to the termination
of the current agreement. The request
for extension and the fully executed amendment must be made according to the
requirements and procedures prescribed by the commissioner, including
documentation of eligibility, and on forms prescribed by the commissioner.
(d) If a child-placing agency is
certifying a child for adoption assistance and the child will attain the age of
18 within 60 calendar days of submission, the request for extension must be
completed in writing and submitted, including all supporting documentation,
with the adoption assistance application.
Subd. 2. Extension
past age 18 for child adopted after 16th birthday. A child who has attained the age of 16
prior to finalization of the child's adoption is eligible for extension of the
adoption assistance agreement up to the date the child attains age 21 if the
child is:
(1) dependent on the adoptive parent
for care and financial support; and
(2)(i) completing a secondary education
program or a program leading to an equivalent credential;
(ii) enrolled in an institution that
provides postsecondary or vocational education;
(iii) participating in a program or
activity designed to promote or remove barriers to employment;
(iv) employed for at least 80 hours per
month; or
(v) incapable of doing any of the
activities described in clauses (i) to (iv) due to a medical condition where
incapability is supported by documentation from an expert according to the requirements
and procedures prescribed by the commissioner.
Subd. 3. Extension
past age 18 for child adopted prior to 16th birthday. A child who has not attained the age
of 16 prior to finalization of the child's adoption is eligible for extension
of the adoption assistance agreement up to the date the child attains the age
of 21 if the child is:
(1) dependent on the adoptive parent
for care and financial support; and
(2)(i) enrolled in a secondary education
program or a program leading to the equivalent; or
(ii) incapable of sustaining employment
because of the continuation of a physical or mental disability, upon which
eligibility for adoption assistance was approved.
Sec. 11. [259A.50]
OVERPAYMENTS OF ADOPTION ASSISTANCE.
An amount of adoption assistance paid
to an adoptive parent in excess of the payment that was actually due is
recoverable by the commissioner, even when the overpayment was caused by agency
error or circumstances outside the responsibility and control of the parent or
provider. Adoption assistance amounts
covered by this section include basic maintenance needs payments, monthly
supplemental maintenance needs payments, reimbursement of nonrecurring adoption
expenses, reimbursement of special nonmedical costs, and reimbursement of
medical costs.
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Sec. 12. [259A.55]
APPEALS AND FAIR HEARINGS.
Subdivision 1. Appeals
for denials, modifications, or terminations. An adoptive parent or a prospective
adoptive parent has the right to appeal to the commissioner under section
256.045, for reasons including, but not limited to: when eligibility for adoption assistance is
denied, when a specific payment or reimbursement is modified or denied, and
when the agreement for an eligible child is terminated. A prospective adoptive parent who disagrees
with a decision by the commissioner prior to finalization of the adoption may
request review of the decision by the commissioner, or may appeal the decision
under section 256.045.
Subd. 2. Extenuating
circumstances. (a) An
adoption assistance agreement must be signed and fully executed prior to the court
order that finalizes the adoption. An
adoptive parent who believes that extenuating circumstances exist, as to why
the adoption was finalized prior to fully executing an adoption assistance
agreement, may request a fair hearing.
The parent has the responsibility to prove the existence of extenuating
circumstances, such as:
(1) relevant facts regarding the child
were known by the child-placing agency and not presented to the parent prior to
finalization of the adoption; or
(2) the child-placing agency failed to
advise a potential parent about the availability of adoption assistance for a
child in the county-paid foster care system.
(b) If an appeals judge finds through
the fair hearing process that extenuating circumstances existed and that the
child met all eligibility criteria at the time the adoption was finalized, the
effective date and any associated federal financial participation shall be
retroactive to the date of the request for a fair hearing.
Sec. 13. [259A.65]
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE.
Subdivision 1. Purpose. It is the purpose and policy of the
state of Minnesota to:
(1) enter into interstate agreements
with agencies of other states to safeguard and protect the interests of children
covered by an adoption assistance agreement when they are adopted across state
lines or move to another state after adoption finalization; and
(2) provide a framework for uniformity
and consistency in administrative procedures when a child with special needs is
adopted by a family in another state and for children adopted in Minnesota who
move to another state.
Subd. 2. Definitions. For the purposes of this section, the
terms defined in this subdivision have the meanings given them, unless the context
clearly indicates otherwise.
(a) "Adoption assistance
state" means the state that certifies eligibility for Medicaid in an
adoption assistance agreement.
(b) "Resident state" means
the state where the adopted child is a resident.
(c) "State" means a state of
the United States, the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, or a territory or possession of the United States.
Subd. 3. Compacts
authorized. The commissioner
is authorized to develop, negotiate, and enter into one or more interstate
compacts on behalf of this state with other states to implement Medicaid for
children with adoption assistance agreements.
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Subd. 4. Contents
of compacts. (a) A compact
must include:
(1) a provision allowing all states to
join the compact;
(2) a provision for withdrawal from the
compact upon written notice to the parties, effective one year after the notice
is provided;
(3) a requirement that the protections
afforded under the compact continue in force for the duration of the adoption
assistance from a party state other than the one in which the adopted child is
a resident;
(4) a requirement that each instance of
adoption assistance to which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parent and the state child welfare
agency of the state that provides the adoption assistance, and that the
agreement be expressly for the benefit of the adopted child and enforceable by
the adoptive parent and the state agency providing the adoption assistance; and
(5) other provisions necessary and
appropriate for the proper administration of the compact.
(b) A compact may contain provisions
establishing requirements and entitlements to medical, developmental, child
care, or other social services for the child under state law, even though the
child and the adoptive parent are in a state other than the one responsible for
or providing the services or funds to pay part or all of the costs.
Subd. 5. Duties
of commissioner of human services regarding medical assistance. (a) The commissioner of human services
shall:
(1) provide Minnesota medical
assistance for an adopted child who is title IV-E eligible;
(2) provide Minnesota medical
assistance for an adopted child who is not title IV-E eligible who:
(i) was determined to have a special
need for medical or rehabilitative care;
(ii) is living in another state; and
(iii) is covered by an adoption
assistance agreement made by the commissioner for medical coverage or benefits
when the child is not eligible for Medicaid in the child's residence state;
(3) consider the holder of a medical
assistance identification card under this subdivision as any other recipient of
medical assistance under chapter 256B; and
(4) process and make payments on claims
for the recipient in the same manner as for other recipients of medical
assistance.
(b) Coverage must be limited to
providers authorized by Minnesota's medical assistance program, and according
to Minnesota's program requirements.
Subd. 6. Cooperation
with Medicaid. The adoptive
parent shall cooperate with and abide by the Medicaid program requirements and
procedures of the state which provides medical coverage.
Subd. 7. Federal
participation. The commissioner
shall apply for and administer all relevant aid in accordance with state and
federal law.
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Sec. 14. [259A.70] REIMBURSEMENT OF NONRECURRING
ADOPTION EXPENSES.
(a) The commissioner of human services shall provide
reimbursement to an adoptive parent for costs incurred in an adoption of a
child with special needs according to section 259A.10, subdivision 2. Reimbursement shall be made for expenses that
are reasonable and necessary for the adoption to occur, subject to a maximum of
$2,000. The expenses must directly
relate to the legal adoption of the child, not be incurred in violation of
state or federal law, and must not have been reimbursed from other sources or
funds.
(b) Children who have special needs but are not citizens
or residents of the United States and were either adopted in another country or
brought to this country for the purposes of adoption are categorically
ineligible for this reimbursement program, except if the child meets the eligibility
criteria after the dissolution of the international adoption.
(c) An adoptive parent, in consultation with the
responsible child-placing agency, may request reimbursement of nonrecurring
adoption expenses by submitting a complete application, according to the
requirements and procedures and on forms prescribed by the commissioner.
(d) The commissioner shall determine the child's
eligibility for adoption expense reimbursement under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676. If determined eligible, the commissioner of
human services shall sign the agreement for nonrecurring adoption expense
reimbursement, making this a fully executed agreement. To be eligible, the agreement must be fully
executed prior to the child's adoption finalization.
(e) An adoptive parent who has an adoption assistance
agreement under section 259A.15, subdivision 2, is not required to make a
separate application for reimbursement of nonrecurring adoption expenses for
the child who is the subject of that agreement.
(f) If determined eligible, the adoptive parent shall
submit reimbursement requests within 21 months of the date of the child's
adoption decree, and according to requirements and procedures prescribed by the
commissioner.
Sec. 15. [259A.75] REIMBURSEMENT OF CERTAIN
AGENCY COSTS; PURCHASE OF SERVICE CONTRACTS.
Subdivision 1.
General information. (a) Subject to the procedures required
by the commissioner and the provisions of this section, a Minnesota county or
tribal social services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and appropriate cost for
contracted adoption placement services identified for a specific child that are
not reimbursed under other federal or state funding sources.
(b) The commissioner may spend up to $16,000 for each
purchase of service contract. Only one
contract per child per adoptive placement is permitted. Funds encumbered and obligated under the
contract for the child remain available until the terms of the contract are
fulfilled or the contract is terminated.
(c) The commissioner shall set aside an amount not to
exceed five percent of the total amount of the fiscal year appropriation from
the state for the adoption assistance program to reimburse placing agencies for
child-specific adoption placement services.
When adoption assistance payments for children's needs exceed 95 percent
of the total amount of the fiscal year appropriation from the state for the
adoption assistance program, the amount of reimbursement available to placing
agencies for adoption services is reduced correspondingly.
Subd. 2.
Child eligibility criteria. (a) A child who is the subject of a
purchase of service contract must:
(1) have the goal of adoption, which may include an
adoption in accordance with tribal law;
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(2) be under the guardianship of the
commissioner of human services or be a ward of tribal court pursuant to section
260.755, subdivision 20; and
(3) meet all of the special needs
criteria according to section 259A.10, subdivision 2.
(b) A child under the guardianship of
the commissioner must have an identified adoptive parent and a fully executed
adoption placement agreement according to section 260C.613, subdivision 1,
paragraph (a).
Subd. 3. Agency
eligibility criteria. (a) A
Minnesota county or tribal social services agency shall receive reimbursement
for child-specific adoption placement services for an eligible child that it
purchases from a private adoption agency licensed in Minnesota or any other
state or tribal social services agency.
(b) Reimbursement for adoption services
is available only for services provided prior to the date of the adoption
decree.
Subd. 4. Application
and eligibility determination. (a)
A county or tribal social services agency may request reimbursement of costs
for adoption placement services by submitting a complete purchase of service
application, according to the requirements and procedures and on forms
prescribed by the commissioner.
(b) The commissioner shall determine
eligibility for reimbursement of adoption placement services. If determined eligible, the commissioner of
human services shall sign the purchase of service agreement, making this a
fully executed contract. No reimbursement
under this section shall be made to an agency for services provided prior to
the fully executed contract.
(c) Separate purchase of service
agreements shall be made, and separate records maintained, on each child. Only one agreement per child per adoptive
placement is permitted. For siblings who
are placed together, services shall be planned and provided to best maximize
efficiency of the contracted hours.
Subd. 5. Reimbursement
process. (a) The agency
providing adoption services is responsible to track and record all service
activity, including billable hours, on a form prescribed by the
commissioner. The agency shall submit
this form to the state for reimbursement after services have been completed.
(b) The commissioner shall make the
final determination whether or not the requested reimbursement costs are
reasonable and appropriate and if the services have been completed according to
the terms of the purchase of service agreement.
Subd. 6. Retention
of purchase of service records. Agencies
entering into purchase of service contracts shall keep a copy of the agreements,
service records, and all applicable billing and invoicing according to the
department's record retention schedule.
Agency records shall be provided upon request by the commissioner.
Sec. 16. EFFECTIVE
DATE.
This article is effective August 1,
2012.
ARTICLE 4
CHILD PROTECTION
Section 1. Minnesota Statutes 2010, section 260.012, is amended to read:
260.012
DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE
EFFORTS.
(a) Once a child alleged to be in need of protection or services is under the court's jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate services, by the social services agency are made to prevent placement or to eliminate the need for removal and to reunite the child with the child's family at the earliest
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possible time, and the court must ensure that the responsible social services agency makes reasonable efforts to finalize an alternative permanent plan for the child as provided in paragraph (e). In determining reasonable efforts to be made with respect to a child and in making those reasonable efforts, the child's best interests, health, and safety must be of paramount concern. Reasonable efforts to prevent placement and for rehabilitation and reunification are always required except upon a determination by the court that a petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007, subdivision 14;
(2) the parental rights of the parent to another child have been terminated involuntarily;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause (2);
(4) the parent's custodial rights to another child have been
involuntarily transferred to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction; or
(5) the parent has committed sexual abuse as defined in
section 626.556, subdivision 2, against the child or another child of the
parent;
(6) the parent has committed an offense that requires
registration as a predatory offender under section 243.166, subdivision 1b,
paragraph (a) or (b); or
(5) (7) the provision of services or further
services for the purpose of reunification is futile and therefore unreasonable
under the circumstances.
(b) When the court makes one of the prima facie determinations under paragraph (a), either permanency pleadings under section 260C.201, subdivision 11, or a termination of parental rights petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under section 260C.201, subdivision 11, must be held within 30 days of this determination.
(c) In the case of an Indian child, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social services agency must provide active efforts as required under United States Code, title 25, section 1911(d).
(d) "Reasonable efforts to prevent placement" means:
(1) the agency has made reasonable efforts to prevent the placement of the child in foster care by working with the family to develop and implement a safety plan; or
(2) given the particular circumstances of the child and family at the time of the child's removal, there are no services or efforts available which could allow the child to safely remain in the home.
(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence by the responsible social services agency to:
(1) reunify the child with the parent or guardian from whom the child was removed;
(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, where appropriate, provide services necessary to enable the noncustodial parent to safely provide the care, as required by section 260C.212, subdivision 4;
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(3) conduct a relative search to identify and provide notice to adult relatives as required under section 260C.212, subdivision 5;
(4) place siblings removed from their home in the same home for foster care or adoption, or transfer permanent legal and physical custody to a relative. Visitation between siblings who are not in the same foster care, adoption, or custodial placement or facility shall be consistent with section 260C.212, subdivision 2; and
(5) when the child cannot return to the parent or guardian from whom the child was removed, to plan for and finalize a safe and legally permanent alternative home for the child, and considers permanent alternative homes for the child inside or outside of the state, preferably through adoption or transfer of permanent legal and physical custody of the child.
(f) Reasonable efforts are made upon the exercise of due diligence by the responsible social services agency to use culturally appropriate and available services to meet the needs of the child and the child's family. Services may include those provided by the responsible social services agency and other culturally appropriate services available in the community. At each stage of the proceedings where the court is required to review the appropriateness of the responsible social services agency's reasonable efforts as described in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating that:
(1) it has made reasonable efforts to prevent placement of the child in foster care;
(2) it has made reasonable efforts to eliminate the need for removal of the child from the child's home and to reunify the child with the child's family at the earliest possible time;
(3) it has made reasonable efforts to finalize an alternative permanent home for the child, and considers permanent alternative homes for the child inside or outside of the state; or
(4) reasonable efforts to prevent placement and to reunify the child with the parent or guardian are not required. The agency may meet this burden by stating facts in a sworn petition filed under section 260C.141, by filing an affidavit summarizing the agency's reasonable efforts or facts the agency believes demonstrate there is no need for reasonable efforts to reunify the parent and child, or through testimony or a certified report required under juvenile court rules.
(g) Once the court determines that reasonable efforts for
reunification are not required because the court has made one of the prima
facie determinations under paragraph (a), the court may only require reasonable
efforts for reunification after a hearing according to section 260C.163, where
the court finds there is not clear and convincing evidence of the facts upon
which the court based its prima facie determination. In this case when there is clear and
convincing evidence that the child is in need of protection or services, the
court may find the child in need of protection or services and order any of the
dispositions available under section 260C.201, subdivision 1. Reunification of a surviving child
with a parent is not required if the parent has been convicted of:
(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
(2) a violation of section 609.222, subdivision 2; or
609.223, in regard to the surviving child; or
(3) a violation of, or an attempt or conspiracy to commit a
violation of, United States Code, title 18, section 1111(a) or 1112(a), in
regard to another child of the parent.;
(4) committing sexual abuse as defined in section
626.556, subdivision 2, against the child or another child of the parent; or
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(5) an offense that requires
registration as a predatory offender under section 243.166, subdivision 1b,
paragraph (a) or (b).
(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings and conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:
(1) relevant to the safety and protection of the child;
(2) adequate to meet the needs of the child and family;
(3) culturally appropriate;
(4) available and accessible;
(5) consistent and timely; and
(6) realistic under the circumstances.
In the alternative, the court may determine that provision of services or further services for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances or that reasonable efforts are not required as provided in paragraph (a).
(i) This section does not prevent out-of-home placement for treatment of a child with a mental disability when it is determined to be medically necessary as a result of the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program and the level or intensity of supervision and treatment cannot be effectively and safely provided in the child's home or community and it is determined that a residential treatment setting is the least restrictive setting that is appropriate to the needs of the child.
(j) If continuation of reasonable efforts to prevent placement or reunify the child with the parent or guardian from whom the child was removed is determined by the court to be inconsistent with the permanent plan for the child or upon the court making one of the prima facie determinations under paragraph (a), reasonable efforts must be made to place the child in a timely manner in a safe and permanent home and to complete whatever steps are necessary to legally finalize the permanent placement of the child.
(k) Reasonable efforts to place a child for adoption or in another permanent placement may be made concurrently with reasonable efforts to prevent placement or to reunify the child with the parent or guardian from whom the child was removed. When the responsible social services agency decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent under paragraph (a), the agency shall disclose its decision and both plans for concurrent reasonable efforts to all parties and the court. When the agency discloses its decision to proceed on both plans for reunification and permanent placement away from the parent, the court's review of the agency's reasonable efforts shall include the agency's efforts under both plans.
Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read:
260C.001
TITLE, INTENT, AND CONSTRUCTION.
Subdivision 1. Citation;
scope. (a) Sections
260C.001 to 260C.451 260C.521 may be cited as the child juvenile
protection provisions of the Juvenile Court Act.
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(b) Juvenile protection proceedings
include:
(1) a child in need of protection or
services matters;
(2) permanency matters, including
termination of parental rights;
(3) postpermanency reviews under
sections 260C.317 and 260C.521; and
(4) adoption matters including
posttermination of parental rights proceedings that review the responsible
social services agency's reasonable efforts to finalize adoption.
Subd. 2. Child
in need of Juvenile protection services proceedings. (a) The paramount consideration in all juvenile
protection proceedings concerning a child alleged or found to be in need
of protection or services is the health, safety, and best interests of the
child. In proceedings involving an
American Indian child, as defined in section 260.755, subdivision 8, the best
interests of the child must be determined consistent with sections 260.751 to
260.835 and the Indian Child Welfare Act, United States Code, title 25,
sections 1901 to 1923.
(b) The purpose of the laws relating to
juvenile courts protection proceedings is:
(1) to secure for each child alleged or
adjudicated in need of protection or services and under the jurisdiction of
the court, the care and guidance, preferably in the child's own home, as will
best serve the spiritual, emotional, mental, and physical welfare of the child;
(2) to provide judicial procedures which
that protect the welfare of the child;
(3) to preserve and strengthen the child's family ties whenever possible and in the child's best interests, removing the child from the custody of parents only when the child's welfare or safety cannot be adequately safeguarded without removal;
(4) to ensure that when removal from the child's own family is necessary and in the child's best interests, the responsible social services agency has legal responsibility for the child removal either:
(i) pursuant to a voluntary placement agreement between the child's parent or guardian or the child, when the child is over age 18, and the responsible social services agency; or
(ii) by court order pursuant to section
260C.151, subdivision 6; 206C.178; or 260C.178; 260C.201; 260C.325;
or 260C.515;
(5) to ensure that, when placement is
pursuant to court order, the court order removing the child or continuing the
child in foster care contains an individualized determination that placement is
in the best interests of the child that coincides with the actual removal of
the child; and
(6) to ensure that when the child is removed, the child's care and discipline is, as nearly as possible, equivalent to that which should have been given by the parents and is either in:
(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, subdivision 1, paragraph (a), clause (1);
(ii) the home of a relative pursuant to emergency placement by the responsible social services agency under chapter 245A; or
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(iii) a foster home care
licensed under chapter 245A.; and
(7) to ensure appropriate permanency
planning for children in foster care including:
(i) unless reunification is not required
under section 260.012, developing a permanency plan for the child that includes
a primary plan for reunification with the child's parent or guardian and a
secondary plan for an alternative, legally permanent home for the child in the
event reunification cannot be achieved in a timely manner;
(ii) identifying, locating, and
assessing both parents of the child as soon as possible and offering
reunification services to both parents of the child as required under section
260.012 and 260C.219;
(iii) identifying, locating, and
notifying relatives of both parents of the child according to section 260C.221;
(iv) making a placement with a family
that will commit to being the legally permanent home for the child in the event
reunification cannot occur at the earliest possible time while at the same time
actively supporting the reunification plan; and
(v) returning the child home with
supports and services, as soon as return is safe for the child, or when safe
return cannot be timely achieved, moving to finalize another legally permanent
home for the child.
Subd. 3. Permanency
and, termination of parental rights, and adoption. The purpose of the laws relating to
permanency and, termination of parental rights, and children
who come under the guardianship of the commissioner of human services is to
ensure that:
(1) when required and appropriate, reasonable efforts have been made by the social services agency to reunite the child with the child's parents in a home that is safe and permanent; and
(2) if placement with the parents is not
reasonably foreseeable, to secure for the child a safe and permanent placement according
to the requirements of section 260C.212, subdivision 2, preferably with
adoptive parents or, if that is not possible or in the best interests of the
child, a fit and willing relative through transfer of permanent legal and
physical custody to that relative; and
(3) when a child is under the guardianship of the commissioner of human services, reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
Nothing in this section requires
reasonable efforts to prevent placement or to reunify the child with the parent
or guardian to be made in circumstances where the court has determined that the
child has been subjected to egregious harm, when the child is an abandoned
infant, the parent has involuntarily lost custody of another child through a
proceeding under section 260C.201, subdivision 11 260C.515,
subdivision 4, or similar law of another state, the parental rights of the
parent to a sibling have been involuntarily terminated, or the court has
determined that reasonable efforts or further reasonable efforts to reunify the
child with the parent or guardian would be futile.
The paramount consideration in all proceedings
for permanent placement of the child under section 260C.201, subdivision 11
sections 260C.503 to 260C.521, or the termination of parental rights is
the best interests of the child. In
proceedings involving an American Indian child, as defined in section 260.755,
subdivision 8, the best interests of the child must be determined consistent
with the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1901, et seq.
Subd. 4. Construction. The laws relating to the child
protection provisions of the juvenile courts protection
proceedings shall be liberally construed to carry out these purposes.
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Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 4, is amended to read:
Subd. 4. Child. "Child" means an individual under 18 years of age. For purposes of this chapter and chapter 260D, child also includes individuals under age 21 who are in foster care pursuant to section 260C.451.
Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a subdivision to read:
Subd. 26a. Putative
father. "Putative
father" has the meaning given in section 259.21, subdivision 12.
Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a subdivision to read:
Subd. 27a. Responsible
social services agency. "Responsible
social services agency" means the county social services agency that has
responsibility for public child welfare and child protection services and
includes the provision of adoption services as an agent of the commissioner of
human services.
Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a subdivision to read:
Subd. 32. Sibling. "Sibling" means one of two
or more individuals who have one or both parents in common through blood,
marriage, or adoption, including siblings as defined by the child's tribal code
or custom.
Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:
Subd. 2. Other
matters relating to children. Except
as provided in clause (4), The juvenile court has original and exclusive
jurisdiction in proceedings concerning:
(1) the termination of parental rights to a child in accordance with the provisions of sections 260C.301 to 260C.328;
(2) permanency matters under sections
260C.503 to 260C.521;
(3) the appointment and removal of a juvenile court guardian for a child, where parental rights have been terminated under the provisions of sections 260C.301 to 260C.328;
(3) (4) judicial consent to
the marriage of a child when required by law;
(4) the juvenile court in those counties in
which the judge of the probate-juvenile court has been admitted to the practice
of law in this state shall proceed under the laws relating to adoptions in all
adoption matters. In those counties in
which the judge of the probate-juvenile court has not been admitted to the
practice of law in this state the district court shall proceed under the laws
relating to adoptions in
(5) all adoption matters and review of the efforts to finalize the adoption of the child under section 260C.317;
(5) (6) the review of the
placement of a child who is in foster care pursuant to a voluntary placement
agreement between the child's parent or parents and the responsible social
services agency under section 260C.212, subdivision 8 260C.227; or
between the child, when the child is over age 18, and the agency under section
260C.229; and
(6) (7) the review of
voluntary foster care placement of a child for treatment under chapter 260D
according to the review requirements of that chapter.
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Sec. 8. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:
Subdivision 1. Investigation. Upon request of the court the responsible social services agency or probation officer shall investigate the personal and family history and environment of any minor coming within the jurisdiction of the court under section 260C.101 and shall report its findings to the court. The court may order any minor coming within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the court.
Adoption investigations shall be conducted
in accordance with the laws relating to adoptions in chapter 259. Any funds received under the provisions of
this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for use by the
commissioner of corrections during that period and are hereby appropriated
annually to the commissioner of corrections as reimbursement of the costs of
providing these services to the juvenile courts.
Sec. 9. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:
Subdivision 1. General. (a) Except for hearings arising under
section 260C.425, hearings on any matter shall be without a jury and may be
conducted in an informal manner. In all
adjudicatory proceedings involving a child alleged to be in need of
protection or services regarding juvenile protection matters under this
chapter, the court shall admit only evidence that would be admissible in a
civil trial. To be proved at trial,
allegations of a petition alleging a child to be in need of protection or
services must be proved by clear and convincing evidence.
(b) Except for proceedings involving a child
alleged to be in need of protection or services and petitions for the
termination of parental rights, hearings may be continued or adjourned from
time to time. In proceedings involving a
child alleged to be in need of protection or services and petitions for
the termination of parental rights, hearings may not be continued or adjourned
for more than one week unless the court makes specific findings that the
continuance or adjournment is in the best interests of the child. If a hearing is held on a petition involving
physical or sexual abuse of a child who is alleged to be in need of protection
or services or neglected and in foster care, the court shall file the decision
with the court administrator as soon as possible but no later than 15 days
after the matter is submitted to the court.
When a continuance or adjournment is ordered in any proceeding, the court
may make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421 this
chapter.
(c) Absent exceptional circumstances, hearings under this chapter, except hearings in adoption proceedings, are presumed to be accessible to the public, however the court may close any hearing and the records related to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
(d) Adoption hearings shall be conducted
in accordance with the provisions of laws relating to adoptions are
closed to the public and all records related to an adoption are inaccessible
except as provided in the Minnesota Rules of Adoption Procedure.
(e) In any permanency hearing, including the transition of a child from foster care to independent living, the court shall ensure that its consult with the child during the hearing is in an age-appropriate manner.
Sec. 10. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:
Subd. 4. County
attorney. Except in adoption
proceedings, the county attorney shall present the evidence upon request of the
court. In representing the responsible
social services agency, the county attorney shall also have the
responsibility for advancing the public interest in the welfare of the child.
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Sec. 11. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:
Subdivision 1. Hearing and release requirements. (a) If a child was taken into custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, to determine whether the child should continue in custody.
(b) Unless there is reason to believe that the child would endanger self or others or not return for a court hearing, or that the child's health or welfare would be immediately endangered, the child shall be released to the custody of a parent, guardian, custodian, or other suitable person, subject to reasonable conditions of release including, but not limited to, a requirement that the child undergo a chemical use assessment as provided in section 260C.157, subdivision 1.
(c) If the court determines there is reason to believe that the child would endanger self or others or not return for a court hearing, or that the child's health or welfare would be immediately endangered if returned to the care of the parent or guardian who has custody and from whom the child was removed, the court shall order the child into foster care under the legal responsibility of the responsible social services agency or responsible probation or corrections agency for the purposes of protective care as that term is used in the juvenile court rules or into the home of a noncustodial parent and order the noncustodial parent to comply with any conditions the court determines to be appropriate to the safety and care of the child, including cooperating with paternity establishment proceedings in the case of a man who has not been adjudicated the child's father. The court shall not give the responsible social services legal custody and order a trial home visit at any time prior to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may order the child returned to the care of the parent or guardian who has custody and from whom the child was removed and order the parent or guardian to comply with any conditions the court determines to be appropriate to meet the safety, health, and welfare of the child.
(d) In determining whether the child's health or welfare would be immediately endangered, the court shall consider whether the child would reside with a perpetrator of domestic child abuse.
(e) The court, before determining whether a child should be placed in or continue in foster care under the protective care of the responsible agency, shall also make a determination, consistent with section 260.012 as to whether reasonable efforts were made to prevent placement or whether reasonable efforts to prevent placement are not required. In the case of an Indian child, the court shall determine whether active efforts, according to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), were made to prevent placement. The court shall enter a finding that the responsible social services agency has made reasonable efforts to prevent placement when the agency establishes either:
(1) that it has actually provided services or made efforts in an attempt to prevent the child's removal but that such services or efforts have not proven sufficient to permit the child to safely remain in the home; or
(2) that there are no services or other efforts that could be made at the time of the hearing that could safely permit the child to remain home or to return home. When reasonable efforts to prevent placement are required and there are services or other efforts that could be ordered which would permit the child to safely return home, the court shall order the child returned to the care of the parent or guardian and the services or efforts put in place to ensure the child's safety. When the court makes a prima facie determination that one of the circumstances under paragraph (g) exists, the court shall determine that reasonable efforts to prevent placement and to return the child to the care of the parent or guardian are not required.
If the court finds the social services agency's preventive or reunification efforts have not been reasonable but further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.
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(f) The court may not order or continue the foster care placement of the child unless the court makes explicit, individualized findings that continued custody of the child by the parent or guardian would be contrary to the welfare of the child and that placement is in the best interest of the child.
(g) At the emergency removal hearing, or at any time during the course of the proceeding, and upon notice and request of the county attorney, the court shall determine whether a petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007, subdivision 14;
(2) the parental rights of the parent to another child have been involuntarily terminated;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause (2);
(4) the parents' custodial rights to another
child have been involuntarily transferred to a relative under Minnesota
Statutes 2010, section 260C.201, subdivision 11, paragraph (e), clause (1);
section 260C.515, subdivision 4, or a similar law of another jurisdiction; or
(5) the parent has committed sexual abuse
as defined in section 626.556, subdivision 2, against the child or another
child of the parent;
(6) the parent has committed an offense
that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b); or
(7) the provision of services or further services for the purpose of reunification is futile and therefore unreasonable.
(h) When a petition to terminate parental
rights is required under section 260C.301, subdivision 3 or 4, but the county
attorney has determined not to proceed with a termination of parental rights
petition, and has instead filed a petition to transfer permanent legal and
physical custody to a relative under section 260C.201, subdivision 11 260C.507,
the court shall schedule a permanency hearing within 30 days of the filing of
the petition.
(i) If the county attorney has filed a
petition under section 260C.307, the court shall schedule a trial under section
260C.163 within 90 days of the filing of the petition except when the county
attorney determines that the criminal case shall proceed to trial first under
section 260C.201, subdivision 3 260C.503, subdivision 2, paragraph
(c).
(j) If the court determines the child should
be ordered into foster care and the child's parent refuses to give information
to the responsible social services agency regarding the child's father or
relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the
responsible social services agency for the purpose of complying with the
requirements of sections 260C.151, 260C.212, and 260C.215.
(k) If a child ordered into foster care has siblings, whether full, half, or step, who are also ordered into foster care, the court shall inquire of the responsible social services agency of the efforts to place the children together as required by section 260C.212, subdivision 2, paragraph (d), if placement together is in each child's best interests, unless a child is in placement for treatment or a child is placed with a previously noncustodial parent who is not a parent to all siblings. If the children are not placed together at the time of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place the siblings together, as required under section 260.012. If any sibling is not placed with another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing contact among the siblings as required under section 260C.212, subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.
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(l) When the court has ordered the
child into foster care or into the home of a noncustodial parent, the court may
order a chemical dependency evaluation, mental health evaluation, medical
examination, and parenting assessment for the parent as necessary to support
the development of a plan for reunification required under subdivision 7 and
section 260C.212, subdivision 1, or the child protective services plan under
section 626.556, subdivision 10, and Minnesota Rules, part 9560.0228.
Sec. 12. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:
Subd. 7. Out-of-home
placement plan. (a) An out-of-home
placement plan required under section 260C.212 shall be filed with the court
within 30 days of the filing of a juvenile protection petition alleging
the child to be in need of protection or services under section 260C.141,
subdivision 1, when the court orders emergency removal of the child under
this section, or filed with the petition if the petition is a review of a
voluntary placement under section 260C.141, subdivision 2.
(b) Upon the filing of the out-of-home placement plan which has been developed jointly with the parent and in consultation with others as required under section 260C.212, subdivision 1, the court may approve implementation of the plan by the responsible social services agency based on the allegations contained in the petition and any evaluations, examinations, or assessments conducted under subdivision 1, paragraph (l). The court shall send written notice of the approval of the out-of-home placement plan to all parties and the county attorney or may state such approval on the record at a hearing. A parent may agree to comply with the terms of the plan filed with the court.
(c) The responsible social services agency
shall make reasonable attempts efforts to engage a parent both
parents of the child in case planning.
If the parent refuses to cooperate in the development of the
out-of-home placement plan or disagrees with the services recommended by
The responsible social service agency, the agency shall note such
refusal or disagreement for the court report the results of its efforts
to engage the child's parents in the out-of-home placement plan filed with
the court. The agency shall notify the
court of the services it will provide or efforts it will attempt under the plan
notwithstanding the parent's refusal to cooperate or disagreement with the
services. The parent may ask the court
to modify the plan to require different or additional services requested by the
parent, but which the agency refused to provide. The court may approve the plan as presented
by the agency or may modify the plan to require services requested by the
parent. The court's approval shall be
based on the content of the petition.
(d) Unless the parent agrees to comply with the terms of the out-of-home placement plan, the court may not order a parent to comply with the provisions of the plan until the court finds the child is in need of protection or services and orders disposition under section 260C.201, subdivision 1. However, the court may find that the responsible social services agency has made reasonable efforts for reunification if the agency makes efforts to implement the terms of an out-of-home placement plan approved under this section.
Sec. 13. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
Subd. 3. Best
interest of the child in foster care or residential care. (a) The policy of the state is to ensure
that the best interests of children in foster or residential care,
who experience transfer of permanent legal and physical custody to a relative
under section 260C.515, subdivision 4, or adoption under chapter 259 are
met by requiring individualized determinations under section 260C.212,
subdivision 2, paragraph (b), of the needs of the child and of how the selected
placement home will serve the needs of the child in foster
care placements.
(b) No later than three months after a
child is ordered removed from the care of a parent in the hearing required
under section 260C.202, the court shall review and enter findings
regarding whether the responsible social services agency made:
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(1) diligent efforts to identify and search for
relatives as required under section 260C.212, subdivision 5, 260C.221;
and made
(2) an individualized determination as required under section 260C.212, subdivision 2, to select a home that meets the needs of the child.
(c) If the court finds the agency has not made
efforts as required under section 260C.212, subdivision 5 260C.221,
and there is a relative who qualifies to be licensed to provide family foster
care under chapter 245A, the court may order the child placed with the relative
consistent with the child's best interests.
(d) If the agency's efforts under section 260C.221 are
found to be sufficient, the court shall order the agency to continue to
appropriately engage relatives who responded to the notice under section
260C.221 in placement and case planning decisions and to appropriately engage
relatives who subsequently come to the agency's attention.
(c) (e) If the child's birth parent or
parents explicitly request that a relative or important friend not be
considered, the court shall honor that request if it is consistent with the
best interests of the child. If the
child's birth parent or parents express a preference for placing the child in a
foster or adoptive home of the same or a similar religious background to that
of the birth parent or parents, the court shall order placement of the child
with an individual who meets the birth parent's religious preference.
(d) (f) Placement of a child cannot be
delayed or denied based on race, color, or national origin of the foster parent
or the child.
(e) (g) Whenever possible, siblings should be
placed together unless it is determined not to be in the best interests of a
sibling siblings. If siblings
are were not placed together according to section 260C.212,
subdivision 2, paragraph (d), the responsible social services agency shall
report to the court the efforts made to place the siblings together and why the
efforts were not successful. If the
court is not satisfied with that the agency's agency
has made reasonable efforts to place siblings together, the court may
must order the agency to make further reasonable efforts. If siblings are not placed together the court
shall review order the responsible social services agency's
agency to implement the plan for visitation among siblings required as
part of the out-of-home placement plan under section 260C.212.
(f) (h) This subdivision does not affect the
Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923,
and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835.
Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:
Subd. 6. Jurisdiction to review foster care to age
21, termination of jurisdiction, jurisdiction to age 18. (a) Jurisdiction over a child in foster
care pursuant to section 260C.451 may shall continue to age 21
for the purpose of conducting the reviews required under section 260C.201,
subdivision 11, paragraph (d), 260C.212, subdivision 7, or 260C.317,
subdivision 3, 260C.203, or 260C.515, subdivision 5 or 6. Jurisdiction over a child in foster care
pursuant to section 260C.451 shall not be terminated without giving the child notice
of any motion or proposed order to dismiss jurisdiction and an opportunity to
be heard on the appropriateness of the dismissal. When a child in foster care pursuant to
section 260C.451 asks to leave foster care or actually leaves foster care, the
court may terminate its jurisdiction.
(b) Except when a court order is necessary for a child
to be in foster care or when continued review under (1) section 260C.212,
subdivision 7, paragraph (d), or 260C.201, subdivision 11, paragraph (d), and
(2) section 260C.317, subdivision 3, is required for a child in foster
care under section 260C.451, The court may terminate jurisdiction on its
own motion or the motion of any interested party upon a determination that
jurisdiction is no longer necessary to protect the child's best interests except
when:
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(1) a court order is necessary for a
child to be in foster care; or
(2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or 260C.317, subdivision 3, is required for a child in foster care under section 260C.451.
(c) Unless terminated by the court, and
except as otherwise provided in this subdivision, the jurisdiction of the court
shall continue until the child becomes 18 years of age. The court may continue jurisdiction over
an individual and all other parties to the proceeding to the individual's 19th
birthday when continuing jurisdiction is in the individual's best interest in
order to:
(1) protect the safety or health of the
individual;
(2) accomplish additional planning for
independent living or for the transition out of foster care; or
(3) support the individual's completion
of high school or a high school equivalency program.
Sec. 15. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:
Subd. 2. Written findings. (a) Any order for a disposition authorized under this section shall contain written findings of fact to support the disposition and case plan ordered and shall also set forth in writing the following information:
(1) why the best interests and safety of the child are served by the disposition and case plan ordered;
(2) what alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case;
(3) when legal custody of the child is transferred, the appropriateness of the particular placement made or to be made by the placing agency using the factors in section 260C.212, subdivision 2, paragraph (b);
(4) whether reasonable efforts to
finalize the permanent plan for the child consistent with section 260.012
were made including reasonable efforts:
(i) to prevent or eliminate the
necessity of the child's removal placement and to reunify the
family after removal child with the parent or guardian from whom the
child was removed at the earliest time consistent with the child's safety. The court's findings must include a brief
description of what preventive and reunification efforts were made and why
further efforts could not have prevented or eliminated the necessity of removal
or that reasonable efforts were not required under section 260.012 or 260C.178,
subdivision 1;
(ii) to identify and locate any
noncustodial or nonresident parent of the child and to assess such parent's
ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to
safely provide day-to-day care of the child as required under section 260C.219,
unless such services are not required under section 260.012 or 260C.178,
subdivision 1;
(iii) to make the diligent search for
relatives and provide the notices required under section 260C.221; a finding
made pursuant to a hearing under section 260C.202 that the agency has made
diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other
relatives, who came to the attention of the agency after notice under section
260C.221 was sent, in placement and case planning decisions fulfills the
requirement of this item;
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(iv) to identify and make a foster care
placement in the home of an unlicensed relative, according to the requirements
of section 245A.035, a licensed relative, or other licensed foster care
provider who will commit to being the permanent legal parent or custodian for
the child in the event reunification cannot occur, but who will actively
support the reunification plan for the child; and
(v) to place siblings together in the same home or to ensure visitation is occurring when siblings are separated in foster care placement and visitation is in the siblings' best interests under section 260C.212, subdivision 2, paragraph (d); and
(5) if the child has been adjudicated as a child in need of protection or services because the child is in need of special services or care to treat or ameliorate a mental disability or emotional disturbance as defined in section 245.4871, subdivision 15, the written findings shall also set forth:
(i) whether the child has mental health needs that must be addressed by the case plan;
(ii) what consideration was given to the diagnostic and functional assessments performed by the child's mental health professional and to health and mental health care professionals' treatment recommendations;
(iii) what consideration was given to the requests or preferences of the child's parent or guardian with regard to the child's interventions, services, or treatment; and
(iv) what consideration was given to the cultural appropriateness of the child's treatment or services.
(b) If the court finds that the social services agency's preventive or reunification efforts have not been reasonable but that further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.
(c) If the child has been identified by
the responsible social services agency as the subject of concurrent permanency
planning, the court shall review the reasonable efforts of the agency to recruit,
identify, and make a placement in a home where the foster parent or relative
that has committed to being the legally permanent home for the child in the event
reunification efforts are not successful develop a permanency plan for
the child that includes a primary plan which is for reunification with the
child's parent or guardian and a secondary plan which is for an alternative,
legally permanent home for the child in the event reunification cannot be
achieved in a timely manner.
Sec. 16. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to read:
Subd. 10. Court
review of foster care. (a) If the
court orders a child placed in foster care, the court shall review the
out-of-home placement plan and the child's placement at least every 90
days as required in juvenile court rules to determine whether continued
out-of-home placement is necessary and appropriate or whether the child should
be returned home. This review is not
required if the court has returned the child home, ordered the child
permanently placed away from the parent under subdivision 11, or terminated
rights under section 260C.301. Court
review for a child permanently placed away from a parent, including where the
child is under guardianship and legal custody of the commissioner, shall
be governed by subdivision 11 or section 260C.317, subdivision 3,
whichever is applicable 260C.607.
(b) No later than six three
months after the child's placement in foster care, the court shall review
agency efforts pursuant to section 260C.212, subdivision 2 260C.221,
and order that the efforts continue if the agency has failed to perform the
duties under that section. The court
must order the agency to continue to appropriately engage relatives who
responded to the notice under section 260C.221 in placement and case planning
decisions and to engage other relatives who came to the agency's attention
after notice under section 260C.221 was sent.
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(c) The court shall review the out-of-home placement plan and may modify the plan as provided under subdivisions 6 and 7.
(d) When the court orders transfer of
custody to a responsible social services agency resulting in foster care or
protective supervision with a noncustodial parent under subdivision 1, the
court shall notify the parents of the provisions of subdivisions 11 and subdivision
11a and sections 260C.503 to 260C.521, as required under juvenile court
rules.
(e) When a child remains in or returns to
foster care pursuant to section 260C.451 and the court has jurisdiction
pursuant to section 260C.193, subdivision 6, paragraph (c), the court shall at
least annually conduct the review required under subdivision 11,
paragraph (d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3
section 260C.203.
Sec. 17. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
Subd. 5. Relative
search. (a) The responsible social
services agency shall exercise due diligence to identify and notify adult
relatives prior to placement or within 30 days after the child's removal from
the parent. The county agency shall
consider placement with a relative under subdivision 2 without delay and
whenever the child must move from or be returned to foster care. The relative search required by this section
shall be reasonable and comprehensive in scope and may last up to six
months or until a fit and willing relative is identified. After a finding that the agency has made
reasonable efforts to conduct the relative search under this paragraph, the
agency has the continuing responsibility to appropriately involve relatives,
who have responded to the notice required under this paragraph, in planning for
the child and to continue to consider relatives according to the requirements
of section 260C.212, subdivision 2. At
any time during the course of juvenile protection proceedings, the court may
order the agency to reopen its search for relatives when it is in the child's
best interest to do so. The relative
search required by this section shall include both maternal relatives of the
child and paternal relatives of the child, if paternity is adjudicated. The search shall also include getting
information from the child in an age-appropriate manner about who the child
considers to be family members and important friends with whom the child has
resided or had significant contact. The
relative search required under this section must fulfill the agency's duties
under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section
1912(d), and to meet placement preferences under United States Code, title 25,
section 1915. The relatives must be
notified:
(1) of the need for a foster home for the child, the option to become a placement resource for the child, and the possibility of the need for a permanent placement for the child;
(2) of their responsibility to keep the responsible social services agency informed of their current address in order to receive notice in the event that a permanent placement is sought for the child. A relative who fails to provide a current address to the responsible social services agency forfeits the right to notice of the possibility of permanent placement. A decision by a relative not to be identified as a potential permanent placement resource or participate in planning for the child at the beginning of the case shall not affect whether the relative is considered for placement of the child with that relative later;
(3) that the relative may participate in
the care and planning for the child, including that the opportunity for such
participation may be lost by failing to respond to the notice. "Participate in the care and
planning" includes, but is not limited to, participation in case planning
for the parent and child, identifying the strengths and needs of the parent and
child, supervising visits, providing respite and vacation visits for the child,
providing transportation to appointments, suggesting other relatives who might
be able to help support the case plan, and to the extent possible, helping to
maintain the child's familiar and regular activities and contact with friends
and relatives; and
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(4) of the family foster care licensing
requirements, including how to complete an application and how to request a
variance from licensing standards that do not present a safety or health risk
to the child in the home under section 245A.04 and supports that are available
for relatives and children who reside in a family foster home.; and
(5) of the relatives' right to ask to be
notified of any court proceedings regarding the child, to attend the hearings,
and of a relative's right or opportunity to be heard by the court as required
under section 260C.152, subdivision 5.
(b) A responsible social services agency
may disclose private or confidential data, as defined in section sections
13.02 and 626.556, to relatives of the child for the purpose of locating
and assessing a suitable placement and may use any reasonable means
of identifying and locating relatives including the Internet or other
electronic means of conducting a search.
The agency shall disclose only data that is necessary to
facilitate possible placement with relatives and to ensure that the relative
is informed of the needs of the child so the relative can participate in
planning for the child and be supportive of services to the child and family. If the child's parent refuses to give the
responsible social services agency information sufficient to identify the
maternal and paternal relatives of the child, the agency shall ask the juvenile
court to order the parent to provide the necessary information. If a parent makes an explicit request that
relatives or a specific relative not be contacted or considered for placement,
the agency shall bring the parent's request to the attention of the court to
determine whether the parent's request is consistent with the best interests of
the child and the agency shall not contact relatives or a specific relative
unless authorized to do so by the juvenile court.
(c) At a regularly scheduled hearing
not later than three months after the child's placement in foster care and as required
in section 260C.202, the agency shall report to the court:
(1) its efforts to identify maternal
and paternal relatives of the child, to engage the relatives in providing
support for the child and family, and document that the relatives have been provided
the notice required under paragraph (a); and
(2) its decision regarding placing the
child with a relative as required under section 260C.212, subdivision 2, and to
ask relatives to visit or maintain contact with the child in order to support family
connections for the child, when placement with a relative is not possible or
appropriate.
(d) Notwithstanding chapter 13, the
agency shall disclose data about particular relatives identified, searched for,
and contacted for the purposes of the court's review of the agency's due
diligence.
(e) When the court is satisfied that
the agency has exercised due diligence to identify relatives and provide the
notice required in paragraph (a), the court may find that reasonable efforts
have been made to conduct a relative search to identify and provide notice to
adult relatives as required under section 260.012, paragraph (e), clause
(3). If the court is not satisfied that
the agency has exercised due diligence to identify relatives and provide the
notice required in paragraph (a), the court may order the agency to continue
its search and notice efforts and to report back to the court.
(f) When the placing agency
determines that a permanent placement hearing is proceedings
are necessary because there is a likelihood that the child will not return
to a parent's care, the agency may must send the notice provided
in paragraph (d) (g), may ask the court to modify the requirements
duty of the agency under this paragraph to send the notice
required in paragraph (g), or may ask the court to completely relieve the
agency of the requirements of this paragraph (g). The relative notification requirements of this
paragraph (g) do not apply when the child is placed with an appropriate relative
or a foster home that has committed to being the adopting the child
or taking permanent legal placement for and physical custody of
the child and the agency approves of that foster home for permanent placement
of the child. The actions ordered by the
court under this section must be consistent with the best interests, safety, permanency,
and welfare of the child.
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(d) (g) Unless required
under the Indian Child Welfare Act or relieved of this duty by the court under
paragraph (c) (e), when the agency determines that it is
necessary to prepare for the permanent placement determination hearing
proceedings, or in anticipation of filing a termination of parental
rights petition, the agency shall send notice to the relatives, any adult with
whom the child is currently residing, any adult with whom the child has resided
for one year or longer in the past, and any adults who have maintained a
relationship or exercised visitation with the child as identified in the agency
case plan. The notice must state that a
permanent home is sought for the child and that the individuals receiving the
notice may indicate to the agency their interest in providing a permanent
home. The notice must state that within
30 days of receipt of the notice an individual receiving the notice must
indicate to the agency the individual's interest in providing a permanent home
for the child or that the individual may lose the opportunity to be considered
for a permanent placement.
(e) The Department of Human Services
shall develop a best practices guide and specialized staff training to assist
the responsible social services agency in performing and complying with the
relative search requirements under this subdivision.
Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
Subd. 7. Administrative or court review of placements. (a) Unless the court is conducting the reviews required under section 260C.202, there shall be an administrative review of the out-of-home placement plan of each child placed in foster care no later than 180 days after the initial placement of the child in foster care and at least every six months thereafter if the child is not returned to the home of the parent or parents within that time. The out-of-home placement plan must be monitored and updated at each administrative review. The administrative review shall be conducted by the responsible social services agency using a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. The administrative review shall be open to participation by the parent or guardian of the child and the child, as appropriate.
(b) As an alternative to the administrative
review required in paragraph (a), the court may, as part of any hearing
required under the Minnesota Rules of Juvenile Protection Procedure, conduct a
hearing to monitor and update the out-of-home placement plan pursuant to the
procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party requesting review of the
out-of-home placement plan shall give parties to the proceeding notice of the
request to review and update the out-of-home placement plan. A court review conducted pursuant to section 260C.141,
subdivision 2; 260C.193; 260C.201, subdivision 1 or 11; 260C.141,
subdivision 2; 260C.317 260C.202; 260C.204; 260C.317; or 260D.06
shall satisfy the requirement for the review so long as the other requirements
of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) the extent of progress which that
has been made toward alleviating or mitigating the causes necessitating
placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained in the home or placed permanently away from the care of the parent or parents or guardian; and
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(6) the appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in
addition to any administrative review conducted by the agency, at the in-court
review required under section 260C.201, subdivision 11, or 260C.317,
subdivision 3, clause (3), or 260C.515, subdivision 5 or 6, the court
shall review the independent living plan required under section 260C.201,
subdivision 1, paragraph (c), clause (11), and the provision of services to the
child related to the well-being of the child as the child prepares to leave
foster care. The review shall include
the actual plans related to each item in the plan necessary to the child's
future safety and well-being when the child is no longer in foster care.
(1) (e) At the court review required
under paragraph (d) for a child age 16 or
older the following procedures apply:
(1) six months before the child is
expected to be discharged from foster care, the responsible social services
agency shall establish that it has given give the written
notice required under section 260C.456 or Minnesota Rules, part 9560.0660
260C.451, subdivision 1, regarding the right to continued access to
services for certain children in foster care past age 18 and of the right to
appeal a denial of social services under section 256.045. If The agency is unable to
establish that shall file a copy of the notice, including the right
to appeal a denial of social services, has been given, with the
court. If the agency does not file
the notice by the time the child is age 17-1/2, the court shall require the
agency to give it.;
(2) consistent with the requirements of the independent living plan, the court shall review progress toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid for which the child is eligible;
(v) the
child has health care coverage and health care providers to meet the child's
physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which the child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and a damage deposit;
(ix) the child has an alternative affordable housing plan, which does not include a homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to
a caring adult.; and
(3) the court shall ensure that the responsible agency in conjunction with the placement provider assists the child in obtaining the following documents prior to the child's leaving foster care: a Social Security card; the child's birth certificate; a state identification card or driver's license, green card, or school visa; the child's school, medical, and dental records; a contact list of the child's medical, dental, and mental health providers; and contact information for the child's siblings, if the siblings are in foster care.
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(e) When a child is age 17 or older, during the 90-day
period immediately prior to the date the child is expected to be discharged
from foster care, the responsible social services agency is required to provide
the child with assistance and support in developing a transition plan that is
personalized at the direction of the child.
(f) For a child who will be discharged from foster care at age 18 or
older, the responsible social services agency is required to develop a
personalized transition plan as directed by the youth. The transition plan must be developed during
the 90-day period immediately prior to the expected date of discharge. The transition plan must be as detailed as
the child may elect and include specific options on housing, health insurance, education,
local opportunities for mentors and continuing support services, and work force
supports and employment services. The
plan must include information on the importance of designating another
individual to make health care treatment decisions on behalf of the child if
the child becomes unable to participate in these decisions and the child does
not have, or does not want, a relative who would otherwise be authorized to
make these decisions. The plan must provide
the child with the option to execute a health care directive as provided under
chapter 145C. The county shall also
provide the individual with appropriate contact information if the individual
needs more information or needs help dealing with a crisis situation through
age 21.
Sec. 19. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:
Subd. 4. Consultation with representatives Duties
of commissioner. The
commissioner of human services, after seeking and considering advice from
representatives reflecting diverse populations from the councils established under sections 3.922, 3.9223, 3.9225,
and 3.9226, and other state, local, and community organizations shall:
(1) review and, where necessary, revise the Department
of Human Services Social Service Manual and Practice Guide provide
practice guidance to responsible social services agencies and
child-placing agencies that reflect federal and state laws and policy
direction on placement of children;
(2) develop criteria for determining whether a prospective adoptive or foster family has the ability to understand and validate the child's cultural background;
(3) develop provide a standardized training
curriculum for adoption and foster care workers, family-based providers,
and administrators who work with children.
Training must address the following objectives:
(a) (i) developing and maintaining
sensitivity to all cultures;
(b) (ii) assessing values and their cultural
implications; and
(c) (iii) making individualized placement
decisions that advance the best interests of a particular child under section
260C.212, subdivision 2; and
(iv) issues related to cross-cultural placement;
(4) develop provide a training curriculum for
family and extended family members all prospective adoptive and
foster families that prepares them to care for the needs of adoptive and
foster children. The curriculum must
address issues relating to cross-cultural placements as well as issues that
arise after a foster or adoptive placement is made taking into
consideration the needs of children outlined in section 260C.212, subdivision
2, paragraph (b); and
(5) develop and provide to agencies an assessment tool
to be used in combination with group interviews and other preplacement
activities a home study format to evaluate assess the
capacities and needs of prospective adoptive and foster families. The tool format must assess
address problem-solving skills; identify parenting skills; and
evaluate the degree to which the prospective family has the ability to
understand and validate the child's cultural background, and other issues
needed to provide sufficient information for agencies to make an individualized
placement decision consistent with section 260C.212, subdivision 2. If a prospective adoptive parent has also
been a
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foster parent, any update necessary to a home study for
the purpose of adoption may be completed by the licensing authority responsible
for the foster parent's license. If a
prospective adoptive parent with an approved adoptive home study also applies
for a foster care license, the license application may be made with the same
agency which provided the adoptive home study; and
(6) shall consult with representatives reflecting diverse populations from the councils established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations.
Sec. 20. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:
Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing agency must:
(1) develop and follow procedures for
implementing the requirements of section 260C.193, subdivision 3 260C.212,
subdivision 2, and the Indian Child Welfare Act, United States Code, title
25, sections 1901 to 1923;
(2) have a written plan for recruiting
adoptive and foster families that reflect the ethnic and racial diversity of
children who are in need of foster and adoptive homes. The plan must include:
(i) strategies for using existing
resources in diverse communities,;
(ii) use of diverse outreach staff
wherever possible,;
(iii) use of diverse foster homes for
placements after birth and before adoption,; and
(iv) other techniques as appropriate;
(3) have a written plan for training adoptive and foster families;
(4) have a written plan for employing staff in adoption and foster care who have the capacity to assess the foster and adoptive parents' ability to understand and validate a child's cultural and meet the child's individual needs, and to advance the best interests of the child, as required in section 260C.212, subdivision 2. The plan must include staffing goals and objectives;
(5) ensure that adoption and foster care workers attend training offered or approved by the Department of Human Services regarding cultural diversity and the needs of special needs children; and
(6) develop and implement procedures for implementing the requirements of the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
(b) In determining the suitability of a proposed placement of an Indian child, the standards to be applied must be the prevailing social and cultural standards of the Indian child's community, and the agency shall defer to tribal judgment as to suitability of a particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.
Sec. 21. [260C.229]
VOLUNTARY FOSTER CARE FOR CHILDREN OVER AGE 18; REQUIRED COURT REVIEW.
(a) When a child asks to continue or to
reenter foster care after age 18 under section 260C.451, the child and the
responsible social services agency may enter into a voluntary agreement for the
child to be in foster care under the terms of section 260C.451. The voluntary agreement must be in writing
and on a form prescribed by the commissioner.
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(b) When the child is in foster care
pursuant to a voluntary foster care agreement between the agency and child and
the child is not already under court jurisdiction pursuant to section 260C.193,
subdivision 6, the agency responsible for the child's placement in foster care
shall:
(1) file a motion to reopen the juvenile
protection matter where the court previously had jurisdiction over the child
within 30 days of the child and the agency executing the voluntary placement
agreement under paragraph (a) and ask the court to review the child's placement
in foster care and find that the placement is in the best interests of the
child; and
(2) file the out-of-home placement plan
required under subdivision 1 with the motion to reopen jurisdiction.
(c) The court shall conduct a hearing on
the matter within 30 days of the agency's motion to reopen the matter and, if
the court finds that placement is in the best interest of the child, shall
conduct the review for the purpose and with the content required under section
260C.203, at least every 12 months as long as the child continues in foster
care.
Sec. 22. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:
Subd. 8. Findings regarding reasonable efforts. In any proceeding under this section, the court shall make specific findings:
(1) that reasonable efforts to prevent
the placement and finalize the permanency plan to reunify the child
and the parent were made including individualized and explicit findings
regarding the nature and extent of efforts made by the social services agency
to rehabilitate the parent and reunite the family; or
(2) that reasonable efforts at for
reunification are not required as provided under section 260.012.
Sec. 23. Minnesota Statutes 2010, section 260C.328, is amended to read:
260C.328
CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
(a) Upon its own motion or upon petition of an interested party, the juvenile court having jurisdiction of the child may, after notice to the parties and a hearing, remove the guardian appointed by the juvenile court and appoint a new guardian in accordance with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a showing that the child is emancipated, the court may discharge the guardianship. Any child 14 years of age or older who is not adopted but who is placed in a satisfactory foster home, may, with the consent of the foster parents, join with the guardian appointed by the juvenile court in a petition to the court having jurisdiction of the child to discharge the existing guardian and appoint the foster parents as guardians of the child.
(b) The authority of a guardian
appointed by the juvenile court terminates when the individual under
guardianship is no longer a minor or when guardianship is otherwise
discharged becomes age 18.
However, an individual who has been under the guardianship of the
commissioner and who has not been adopted may continue in foster care or
reenter foster care pursuant to section 260C.451 and the responsible social
services agency has continuing legal responsibility for the placement of the
individual.
Sec. 24. Minnesota Statutes 2010, section 260C.451, is amended to read:
260C.451
FOSTER CARE BENEFITS TO AGE 21 PAST AGE 18.
Subdivision 1. Notification
of benefits. Within the
Six months prior to the child's 18th birthday, the local responsible
social services agency shall advise provide written notice on a
form prescribed by the commissioner of human services to any child in
foster care under this chapter who cannot reasonably be expected to return
home or
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have another legally permanent family by
the age of 18, the child's parents or legal guardian, if any, and
the child's guardian ad litem, and the child's foster parents of the
availability of benefits of the foster care program up to age 21,
when the child is eligible under subdivisions 3 and 3a.
Subd. 2. Independent living plan. Upon the request of any child receiving
in foster care benefits immediately prior to the child's 18th
birthday and who is in foster care at the time of the request, the local
responsible social services agency shall, in conjunction with the child
and other appropriate parties, update the independent living plan required
under section 260C.212, subdivision 1, paragraph (c), clause (11), related to
the child's employment, vocational, educational, social, or maturational needs. The agency shall provide continued services
and foster care for the child including those services that are necessary to
implement the independent living plan.
Subd. 3. Eligibility to continue in foster care. A child already in foster care immediately
prior to the child's 18th birthday may continue in foster care past age 18 unless:
(1) the child can safely return home;
(2) the child is in placement pursuant to the agency's
duties under section 256B.092 and Minnesota Rules, parts 9525.0004 to
9525.0016, to meet the child's needs due to developmental disability or related
condition, and the child will be served as an adult under section 256B.092 and
Minnesota Rules, parts 9525.0004 to 9525.0016; or
(3) the child can be adopted or have permanent legal and physical custody transferred to a relative prior to the child's 18th birthday.
Subd. 3a. Eligibility criteria. The child must meet at least one of the following conditions to be considered eligible to continue in or return to foster care and remain there to age 21. The child must be:
(1) completing secondary education or a program leading to an equivalent credential;
(2) enrolled in an institution which that
provides postsecondary or vocational education;
(3) participating in a program or activity designed to promote or remove barriers to employment;
(4) employed for at least 80 hours per month; or
(5) incapable of doing any of the activities described in clauses (1) to (4) due to a medical condition.
Subd. 4. Foster care benefits. For children between the ages of 18 and 21, "foster care benefits" means payment for those foster care settings defined in section 260C.007, subdivision 18. Additionally, foster care benefits means payment for a supervised setting, approved by the responsible social services agency, in which a child may live independently.
Subd. 5. Permanent decision Foster care
setting. The particular foster
care setting, including supervised settings, shall be selected by the agency
and the child based on the best interest of the child consistent with
section 260C.212, subdivision 2.
Supervision in approved settings must be determined by an individual
determination of the child's needs by the responsible social services agency
and consistent with section 260C.212, subdivision 4a.
Subd. 6. Individual plan to age 21 Reentering
foster care and accessing services after age 18. (a) Upon request of an individual
between the ages of 18 and 21 who, within six months of the individual's
18th birthday, had been under the guardianship of the commissioner and who
has left foster care without being adopted, the responsible social
services agency which had been the commissioner's agent for purposes of the
guardianship shall develop with the individual a plan related to the
individual's vocational, educational, social, or maturational needs to
increase the
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individual's ability to live safely and independently
using the plan requirements of section 260C.212, subdivision 1, paragraph (b),
clause (11), and to assist the individual to meet one or more of the
eligibility criteria in subdivision 4 if the individual wants to reenter foster
care. The agency shall provide
foster care with maintenance and counseling benefits as required to
implement the plan. The agency shall
enter into a voluntary placement agreement under section 260C.229 with
the individual if the plan includes foster care.
(b) Individuals who had not been under
the guardianship of the commissioner of human services prior to age 18 and are between
the ages of 18 and 21 may ask to reenter foster care after age 18 and, to the
extent funds are available, the responsible social services agency that had
responsibility for planning for the individual before discharge from foster
care may provide foster care or other services to the individual for the
purpose of increasing the individual's ability to live safely and independently
and to meet the eligibility criteria in subdivision 3a, if the individual:
(1) was in foster care for the six
consecutive months prior to the person's 18th birthday and was not discharged
home, adopted, or received into a relative's home under a transfer of permanent
legal and physical custody under section 260C.515, subdivision 4; or
(2) was discharged from foster care while
on runaway status after age 15.
(c) In conjunction with a qualifying
and eligible individual under paragraph (b) and other appropriate persons, the
responsible social services agency shall develop a specific plan related to
that individual's vocational, educational, social, or maturational needs and,
to the extent funds are available, provide foster care as required to implement
the plan. The agency shall enter into a
voluntary placement agreement with the individual if the plan includes foster
care.
(d) Youth who left foster care while
under guardianship of the commissioner of human services retain eligibility for
foster care for placement at any time between the ages of 18 and 21.
Subd. 7. Jurisdiction. Notwithstanding that the court retains
jurisdiction pursuant to this section, Individuals in foster care pursuant
to this section are adults for all purposes except the continued provision of
foster care. Any order establishing
guardianship under section 260C.325, any legal custody order under section
260C.201, subdivision 1, and any order for legal custody associated with an
order for long-term foster care permanent custody under section 260C.201,
subdivision 11 260C.515, subdivision 5, terminates on the child's
18th birthday. The responsible social
services agency has legal responsibility for the individual's placement and
care when the matter continues under court jurisdiction pursuant to section
260C.193 or when the individual and the responsible agency execute a voluntary
placement agreement pursuant to section 260C.229.
Subd. 8. Notice
of termination of foster care. When
a child in foster care between the ages of 18 and 21 ceases to meet one of the
eligibility criteria of subdivision 3a, the responsible social services agency
shall give the child written notice that foster care will terminate 30 days
from the date the notice is sent. The
child or the child's guardian ad litem may file a motion asking the court to
review the agency's determination within 15 days of receiving the notice. The child shall not be discharged from foster
care until the motion is heard. The
agency shall work with the child to transition out of foster care as required
under section 260C.203, paragraph (e).
The written notice of termination of benefits shall be on a form
prescribed by the commissioner and shall also give notice of the right to have
the agency's determination reviewed by the court in the proceeding where the
court conducts the reviews required under section 260C.203, 260C.317, or
260C.515, subdivision 5 or 6. A copy of
the termination notice shall be sent to the child and the child's attorney, if
any, the foster care provider, the child's guardian ad litem, and the
court. The agency is not responsible for
paying foster care benefits for any period of time after the child actually
leaves foster care.
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Sec. 25. [260C.503]
PERMANENCY PROCEEDINGS.
Subdivision 1. Required
permanency proceedings. Except
for children in foster care pursuant to chapter 260D, where the child is in
foster care or in the care of a noncustodial or nonresident parent, the court
shall commence proceedings to determine the permanent status of a child by
holding the admit-deny hearing required under section 260C.507 not later than
12 months after the child is placed in foster care or in the care of a
noncustodial or nonresident parent.
Permanency proceedings for children in foster care pursuant to chapter
260D shall be according to section 260D.07.
Subd. 2. Termination
of parental rights. (a) The
responsible social services agency must ask the county attorney to immediately
file a termination of parental rights petition when:
(1) the child has been subjected to
egregious harm as defined in section 260C.007, subdivision 14;
(2) the child is determined to be the
sibling of a child who was subjected to egregious harm;
(3) the child is an abandoned infant as
defined in section 260C.301, subdivision 3, paragraph (b), clause (2);
(4) the child's parent has lost parental
rights to another child through an order involuntarily terminating the parent's
rights;
(5) the parent has committed sexual
abuse as defined in section 626.556, subdivision 2, against the child or
another child of the parent;
(6) the parent has committed an offense
that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b); or
(7) another child of the parent is the subject of an order involuntarily transferring permanent legal and physical custody of the child to a relative under this chapter or a similar law of another jurisdiction;
The county attorney shall file a termination of parental
rights petition unless the conditions of paragraph (d) are met.
(b) When the termination of parental
rights petition is filed under this subdivision, the responsible social
services agency shall identify, recruit, and approve an adoptive family for the
child. If a termination of parental
rights petition has been filed by another party, the responsible social
services agency shall be joined as a party to the petition.
(c) If criminal charges have been filed
against a parent arising out of the conduct alleged to constitute egregious
harm, the county attorney shall determine which matter should proceed to trial
first, consistent with the best interests of the child and subject to the
defendant's right to a speedy trial.
(d) The requirement of paragraph (a)
does not apply if the responsible social services agency and the county
attorney determine and file with the court:
(1) a petition for transfer of permanent
legal and physical custody to a relative under sections 260C.505 and 260C.515,
subdivision 3, including a determination that adoption is not in the child's
best interests and that transfer of permanent legal and physical custody is in
the child's best interests; or
(2) a petition under section 260C.141
alleging the child, and where appropriate, the child's siblings, to be in need
of protection or services accompanied by a case plan prepared by the
responsible social services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best interests of
the child.
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Subd. 3. Calculating
time to required permanency proceedings.
(a) For purposes of this section, the date of the child's
placement in foster care is the earlier of the first court-ordered placement or
60 days after the date on which the child has been voluntarily placed in foster
care by the child's parent or guardian.
For purposes of this section, time spent by a child in the home of the
noncustodial parent pursuant to court order under section 260C.178 or under the
protective supervision of the responsible social services agency in the home of
the noncustodial parent pursuant to an order under section 260C.201,
subdivision 1, counts towards the requirement of a permanency hearing under
this section. Time spent on a trial home
visit counts towards the requirement of a permanency hearing under this section
and the permanency progress review required under section 260C.204.
(b) For the purposes of this section,
12 months is calculated as follows:
(1) during the pendency of a petition
alleging that a child is in need of protection or services, all time periods
when a child is placed in foster care or in the home of a noncustodial parent
are cumulated;
(2) if a child has been placed in
foster care within the previous five years under one or more previous
petitions, the lengths of all prior time periods when the child was placed in
foster care within the previous five years are cumulated. If a child under this clause has been in
foster care for 12 months or more, the court, if it is in the best interests of
the child and for compelling reasons, may extend the total time the child may
continue out of the home under the current petition up to an additional six
months before making a permanency determination.
(c) If the child is on a trial home
visit 12 months after the child was placed in foster care or in the care of a
noncustodial parent, the responsible social services agency may file a report
with the court regarding the child's and parent's progress on the trial home
visit and the agency's reasonable efforts to finalize the child's safe and
permanent return to the care of the parent in lieu of filing the petition
required under section 260C.505. The
court shall make findings regarding the reasonable efforts of the agency to
finalize the child's return home as the permanency disposition order in the
best interests of the child. The court
may continue the trial home visit to a total time not to exceed six months as provided
in section 260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not made
reasonable efforts to finalize the child's return home as the permanency
disposition order in the child's best interests, the court may order other or
additional efforts to support the child remaining in the care of the
parent. If a trial home visit ordered or
continued at permanency proceedings under sections 260C.503 to 260C.521
terminates, the court shall commence or recommence permanency proceedings under
this chapter no later than 30 days after the child is returned to foster care
or to the care of a noncustodial parent.
Sec. 26. [260C.505]
PETITION.
(a) A permanency or termination of
parental rights petition must be filed at or prior to the time the child has
been in foster care or in the care of a noncustodial or nonresident parent for
11 months or in the expedited manner required in section 260C.503, subdivision
2, paragraph (a). The court
administrator shall serve the petition as required in the Minnesota Rules of
Juvenile Protection Procedure and section 260C.152 for the admit-deny hearing
on the petition required in section 260C.507.
(b) A petition under this section is
not required if the responsible social services agency intends to recommend
that the child return to the care of the parent from whom the child was removed
at or prior to the time the court is required to hold the admit-deny hearing
required under section 260C.507.
Sec. 27. [260C.507]
ADMIT-DENY HEARING.
(a) An admit-deny hearing on the
permanency or termination of parental rights petition shall be held not later
than 12 months from the child's placement in foster care or an order for the
child to be in the care of a noncustodial or nonresident parent.
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(b) An admit-deny hearing on the termination of parental
rights or transfer of permanent legal and physical custody petition required to
be immediately filed under section 260C.503, subdivision 2, paragraph (a),
shall be within ten days of the filing of the petition.
(c) At the admit-deny hearing, the court shall determine
whether there is a prima facie basis for finding that the agency made
reasonable efforts, or in the case of an Indian child active efforts, for
reunification as required or that reasonable efforts for reunification are not
required under section 260.012 and proceed according to the Minnesota Rules of
Juvenile Protection Procedure.
Sec. 28. [260C.509] TRIAL.
The permanency proceedings shall be conducted in a
timely fashion including that any trial required under section 260C.163 shall
be commenced within 60 days of the admit-deny hearing required under section 260C.507. At the conclusion of the permanency
proceedings, the court shall:
(1) order the child returned to the care of the parent
or guardian from whom the child was removed; or
(2) order a permanency disposition under section
260C.515 or termination of parental rights under sections 260C.301 to 260C.328
if a permanency disposition order or termination of parental rights is in the
child's best interests.
Sec. 29. [260C.511] BEST INTERESTS OF THE CHILD.
(a) The "best interests of the child" means
all relevant factors to be considered and evaluated.
(b) In making a permanency disposition order or
termination of parental rights, the court must be governed by the best
interests of the child, including a review of the relationship between the
child and relatives and the child and other important persons with whom the
child has resided or had significant contact.
Sec. 30. [260C.513] PERMANENCY DISPOSITIONS WHEN
CHILD CANNOT RETURN HOME.
(a) Termination of parental rights and adoption, or
guardianship to the commissioner of human services through a consent to adopt
are preferred permanency options for a child who cannot return home. If the court finds that termination of
parental rights and guardianship to the commissioner is not in the child's best
interests, the court may transfer permanent legal and physical custody of the
child to a relative when that order is in the child's best interests.
(b) When the court has determined that permanent
placement of the child away from the parent is necessary, the court shall
consider permanent alternative homes that are available both inside and outside
the state.
Sec. 31. [260C.515] PERMANENCY DISPOSITION
ORDERS.
Subdivision 1.
Court order required. If the child is not returned to the
home at or before the conclusion of permanency proceedings under sections
260C.503 to 260C.521, the court must order one of the permanency dispositions
in this section.
Subd. 2.
Termination of parental
rights. The court may order:
(1) termination of parental rights when the requirements
of sections 260C.301 to 260C.328 are met; or
(2) the responsible social services agency to file a
petition for termination of parental rights in which case all the requirements
of sections 260C.301 to 260C.328 remain applicable.
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Subd. 3.
Guardianship; commissioner. The court may order guardianship to
the commissioner of human services under the following procedures and
conditions:
(1) there is an identified prospective adoptive parent
agreed to by the responsible social services agency having legal custody of the
child pursuant to court order under this chapter and that prospective adoptive
parent has agreed to adopt the child;
(2) the court accepts the parent's voluntary consent to
adopt in writing on a form prescribed by the commissioner, executed before two
competent witnesses and confirmed by the consenting parent before the court or
executed before court. The consent shall
contain notice that consent given under this chapter:
(i) is irrevocable upon acceptance by the court unless
fraud is established and an order issues permitting revocation as stated in
clause (9) unless the matter is governed by the Indian Child Welfare Act,
United States Code, title 25, section 1913(c); and
(ii) will result in an order that the child is under the
guardianship of the commissioner of human services;
(3) a consent executed and acknowledged outside of this
state, either in accordance with the law of this state or in accordance with
the law of the place where executed, is valid;
(4) the court must review the matter at least every 90
days under section 260C.317;
(5) a consent to adopt under this subdivision vests
guardianship of the child with the commissioner of human services and makes the
child a ward of the commissioner of human services under section 260C.325;
(6) the court must forward to the commissioner a copy of
the consent to adopt, together with a certified copy of the order transferring
guardianship to the commissioner;
(7) if an adoption is not finalized by the identified
prospective adoptive parent within six months of the execution of the consent
to adopt under this clause, the responsible social services agency shall pursue
adoptive placement in another home unless the court finds in a hearing under
section 260C.317 that the failure to finalize is not due to either an action or
a failure to act by the prospective adoptive parent;
(8) notwithstanding clause (7), the responsible social
services agency must pursue adoptive placement in another home as soon as the
agency determines that finalization of the adoption with the identified
prospective adoptive parent is not possible, that the identified prospective
adoptive parent is not willing to adopt the child, or that the identified
prospective adoptive parent is not cooperative in completing the steps
necessary to finalize the adoption;
(9) unless otherwise required by the Indian Child
Welfare Act, United States Code, title 25, section 1913(c), a consent to adopt
executed under this section shall be irrevocable upon acceptance by the court
except upon order permitting revocation issued by the same court after written
findings that consent was obtained by fraud.
Subd. 4.
Custody to relative. The court may order permanent legal
and physical custody to a relative in the best interests of the child according
to the following conditions:
(1) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has reviewed the
suitability of the prospective legal and physical custodian;
(2) in transferring permanent legal and physical custody
to a relative, the juvenile court shall follow the standards applicable under
this chapter and chapter 260, and the procedures in the Minnesota Rules of
Juvenile Protection Procedure;
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(3) a transfer of legal and physical
custody includes responsibility for the protection, education, care, and
control of the child and decision making on behalf of the child;
(4) a permanent legal and physical custodian
may not return a child to the permanent care of a parent from whom the court
removed custody without the court's approval and without notice to the
responsible social services agency;
(5) the social services agency may file
a petition naming a fit and willing relative as a proposed permanent legal and
physical custodian;
(6) another party to the permanency proceeding regarding the child may file a petition to transfer permanent legal and physical custody to a relative, but the petition must be filed not later than the date for the required admit/deny hearing under section 260C.507; or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must be filed not later than 30 days prior to the trial required under section 260C.509; and
(7) the juvenile court may maintain
jurisdiction over the responsible social services agency, the parents or
guardian of the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are delivered to the
child and permanent legal custodian for the purpose of ensuring conditions
ordered by the court related to the care and custody of the child are met.
Subd. 5. Permanent
custody to agency. The court
may order permanent custody to the responsible social services agency for
continued placement of the child in foster care but only if it approves the
responsible social services agency's compelling reasons that no other
permanency disposition order is in the child's best interests, and:
(1) the child has reached age 12;
(2) the child is a sibling of a child
described in clause (1) and the siblings have a significant positive
relationship and are ordered into the same foster home;
(3) the responsible social services
agency has made reasonable efforts to locate and place the child with an
adoptive family or a fit and willing relative who would either agree to adopt
the child or to a transfer of permanent legal and physical custody of the
child, but these efforts have not proven successful; and
(4) the parent will continue to have
visitation or contact with the child and will remain involved in planning for
the child.
Subd. 6. Temporary
legal custody to agency. The
court may order temporary legal custody to the responsible social services
agency for continued placement of the child in foster care for a specified
period of time according to the following conditions:
(1) the sole basis for an adjudication
that the child is in need of protection or services is the child's behavior;
(2) the court finds that foster care
for a specified period of time is in the best interests of the child;
(3) the court approves the responsible
social services agency's compelling reasons that neither an award of permanent
legal and physical custody to a relative, nor termination
of parental rights is in the child's best interests; and
(4) the order specifies that the child
continue in foster care no longer than one year.
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Sec. 32. [260C.517]
FINDINGS AND CONTENT OF ORDER FOR PERMANENCY DISPOSITION.
(a) Except for an order terminating
parental rights, an order permanently placing a child out of the home of the
parent or guardian must include the following detailed findings:
(1) how the child's best interests are
served by the order;
(2) the nature and extent of the
responsible social services agency's reasonable efforts, or, in the case of an Indian
child, active efforts to reunify the child with the parent or guardian where
reasonable efforts are required;
(3) the parent's or parents' efforts
and ability to use services to correct the conditions which led to the
out-of-home placement; and
(4) that the conditions which led to
the out-of-home placement have not been corrected so that the child can safely
return home.
(b) The court shall issue an order
required under section 260C.515 and this section within 15 days of the close of
the proceedings. The court may extend
issuing the order an additional 15 days when necessary in the interests of
justice and the best interests of the child.
Sec. 33. [260C.519]
FURTHER COURT HEARINGS.
Once a permanency disposition order has
been made, further court hearings are necessary if:
(1) the child is ordered on a trial
home visit or under the protective supervision of the responsible social
services agency;
(2) the child continues in foster care;
(3) the court orders further hearings
in a transfer of permanent legal and physical custody matter including if a
party seeks to modify an order under section 260C.521, subdivision 2;
(4) an adoption has not yet been
finalized; or
(5) the child returns to foster care
after the court has entered an order for a permanency disposition under this
section.
Sec. 34. [260C.521]
COURT REVIEWS AFTER PERMANENCY DISPOSITION ORDER.
Subdivision 1. Child
in permanent custody of responsible social services agency. (a) Court reviews of an order for
permanent custody to the responsible social services agency for placement of
the child in foster care must be conducted at least yearly at an in-court
appearance hearing.
(b) The purpose of the review hearing
is to ensure:
(1) the order for permanent custody to the
responsible social services agency for placement of the child in foster care
continues to be in the best interests of the child and that no other permanency
disposition order is in the best interests of the child;
(2) that the agency is assisting the child
to build connections to the child's family and community; and
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(3) that the agency is appropriately planning
with the child for development of independent living skills for the child, and
as appropriate, for the orderly and successful transition to independent living
that may occur if the child continues in foster care without another permanency
disposition order.
(c) The court must review the child's
out-of-home placement plan and the reasonable efforts of the agency to finalize
an alternative permanent plan for the child including the agency's efforts to:
(1) ensure that permanent custody to
the agency with placement of the child in foster care continues to be the most
appropriate legal arrangement for meeting the child's need for permanency and
stability or, if not, to identify and attempt to finalize another permanency
disposition order under this chapter that would better serve the child's needs
and best interests;
(2) identify a specific foster home for
the child, if one has not already been identified;
(3) support continued placement of the
child in the identified home, if one has been identified;
(4) ensure appropriate services are
provided to address the physical health, mental health, and educational needs
of the child during the period of foster care and also ensure appropriate
services or assistance to maintain relationships with appropriate family
members and the child's community; and
(5) plan for the child's independence
upon the child's leaving foster care living as required under section 260C.212,
subdivision 1.
(d) The court may find that the agency has made reasonable efforts to finalize the permanent plan for the child when:
(1) the agency has made reasonable
efforts to identify a more legally permanent home for the child than is
provided by an order for permanent custody to the agency for placement in
foster care; and
(2) the agency's engagement of the
child in planning for independent living is reasonable and appropriate.
Subd. 2. Modifying
an order for permanent legal and physical custody to a relative. An order for a relative to have
permanent legal and physical custody of a child may be modified using standards
under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must receive notice.
Subd. 3. Modifying
order for permanent custody to agency for placement in foster care. (a) A parent may seek modification of
an order for permanent custody of the child to the responsible social services
agency for placement in foster care upon motion and a showing by the parent of
a substantial change in the parent's circumstances such that the parent could
provide appropriate care for the child and that removal of the child from the
permanent custody of the agency and the return to the parent's care would be in
the best interests of the child.
(b) The responsible social services
agency may ask the court to vacate an order for permanent custody to the agency
upon a petition and hearing pursuant to section 260C.163 establishing the basis
for the court to order another permanency disposition under this chapter,
including termination of parental rights based on abandonment if the parent has
not visited the child, maintained contact with the child, or participated in
planning for the child as required under section 260C.515, subdivision 5. The responsible social services agency must
establish that the proposed permanency disposition order is in the child's best
interests. Upon a hearing where the
court determines the petition is proved, the court may vacate the order for
permanent custody and enter a different order for a
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permanent disposition that is in the
child's best interests. The court shall
not require further reasonable efforts to reunify the child with the parent or
guardian as a basis for vacating the order for permanent custody to the agency
and ordering a different permanency disposition in the child's best
interests. The county attorney must file
the petition and give notice as required under the Minnesota Rules of Juvenile
Protection Procedure in order to modify an order for permanent custody under
this subdivision.
Sec. 35. EFFECTIVE DATE.
This article is effective August 1, 2012.
ARTICLE 5
CHILD SUPPORT
Section 1. Minnesota Statutes 2011 Supplement, section 256.01, subdivision 14b, is amended to read:
Subd. 14b. American Indian child welfare projects. (a) The commissioner of human services may authorize projects to test tribal delivery of child welfare services to American Indian children and their parents and custodians living on the reservation. The commissioner has authority to solicit and determine which tribes may participate in a project. Grants may be issued to Minnesota Indian tribes to support the projects. The commissioner may waive existing state rules as needed to accomplish the projects. Notwithstanding section 626.556, the commissioner may authorize projects to use alternative methods of investigating and assessing reports of child maltreatment, provided that the projects comply with the provisions of section 626.556 dealing with the rights of individuals who are subjects of reports or investigations, including notice and appeal rights and data practices requirements. The commissioner may seek any federal approvals necessary to carry out the projects as well as seek and use any funds available to the commissioner, including use of federal funds, foundation funds, existing grant funds, and other funds. The commissioner is authorized to advance state funds as necessary to operate the projects. Federal reimbursement applicable to the projects is appropriated to the commissioner for the purposes of the projects. The projects must be required to address responsibility for safety, permanency, and well-being of children.
(b) For the purposes of this section, "American Indian
child" means a person under 18 years of age 21 years old and
who is a tribal member or eligible for membership in one of the tribes chosen
for a project under this subdivision and who is residing on the reservation of
that tribe.
(c) In order to qualify for an American Indian child welfare project, a tribe must:
(1) be one of the existing tribes with reservation land in Minnesota;
(2) have a tribal court with jurisdiction over child custody proceedings;
(3) have a substantial number of children for whom determinations of maltreatment have occurred;
(4) have capacity to respond to reports of abuse and neglect under section 626.556;
(5) provide a wide range of services to families in need of child welfare services; and
(6) have a tribal-state title IV-E agreement in effect.
(d) Grants awarded under this section may be used for the nonfederal costs of providing child welfare services to American Indian children on the tribe's reservation, including costs associated with:
(1) assessment and prevention of child abuse and neglect;
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(2) family preservation;
(3) facilitative, supportive, and reunification services;
(4) out-of-home placement for children removed from the home for child protective purposes; and
(5) other activities and services approved by the commissioner that further the goals of providing safety, permanency, and well-being of American Indian children.
(e) When a tribe has initiated a project and has been approved by the commissioner to assume child welfare responsibilities for American Indian children of that tribe under this section, the affected county social service agency is relieved of responsibility for responding to reports of abuse and neglect under section 626.556 for those children during the time within which the tribal project is in effect and funded. The commissioner shall work with tribes and affected counties to develop procedures for data collection, evaluation, and clarification of ongoing role and financial responsibilities of the county and tribe for child welfare services prior to initiation of the project. Children who have not been identified by the tribe as participating in the project shall remain the responsibility of the county. Nothing in this section shall alter responsibilities of the county for law enforcement or court services.
(f) Participating tribes may conduct children's mental health screenings under section 245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the initiative and living on the reservation and who meet one of the following criteria:
(1) the child must be receiving child protective services;
(2) the child must be in foster care; or
(3) the child's parents must have had parental rights suspended or terminated.
Tribes may access reimbursement from available state funds for conducting the screenings. Nothing in this section shall alter responsibilities of the county for providing services under section 245.487.
(g) Participating tribes may establish a local child mortality review panel. In establishing a local child mortality review panel, the tribe agrees to conduct local child mortality reviews for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes with established child mortality review panels shall have access to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide written notice to the commissioner and affected counties when a local child mortality review panel has been established and shall provide data upon request of the commissioner for purposes of sharing nonpublic data with members of the state child mortality review panel in connection to an individual case.
(h) The commissioner shall collect information on outcomes relating to child safety, permanency, and well-being of American Indian children who are served in the projects. Participating tribes must provide information to the state in a format and completeness deemed acceptable by the state to meet state and federal reporting requirements.
(i) In consultation with the White Earth Band, the commissioner shall develop and submit to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services a plan to transfer legal responsibility for providing child protective services to White Earth Band member children residing in Hennepin County to the White Earth Band. The plan shall include a financing proposal, definitions of key terms, statutory amendments required, and other provisions required to implement the plan. The commissioner shall submit the plan by January 15, 2012.
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Sec. 2. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:
Subd. 7. Hospital and Department of Health distribution
of educational materials; recognition form.
Hospitals that provide obstetric services and the state registrar of
vital statistics shall distribute the educational materials and recognition of
parentage forms prepared by the commissioner of human services to new parents;
and shall assist parents in understanding the recognition of parentage
form, including following the provisions for notice under subdivision 5;
shall aid new parents in properly completing the recognition of parentage form,
including providing notary services; and shall timely file the completed recognition
of parentage form with the Office of the State Registrar of Vital Statistics. On and after January 1, 1994, hospitals may
not distribute the declaration of parentage forms.
Sec. 3. Minnesota Statutes 2010, section 518A.40, subdivision 4, is amended to read:
Subd. 4. Change in child care. (a) When a court order provides for child
care expenses, and child care support is not assigned under section 256.741,
the public authority, if the public authority provides child support
enforcement services, must may suspend collecting the amount
allocated for child care expenses when:
(1) either party informs the public authority that no
child care costs are being incurred; and:
(2) (1) the public authority verifies the accuracy
of the information with the obligee.; or
(2) the obligee fails to respond within 30 days of the
date of a written request from the public authority for information regarding
child care costs. A written or oral
response from the obligee that child care costs are being incurred is
sufficient for the public authority to continue collecting child care expenses.
The
suspension is effective as of the first day of the month following the date
that the public authority received the verification either verified
the information with the obligee or the obligee failed to respond. The public authority will resume collecting
child care expenses when either party provides information that child care
costs have resumed are incurred, or when a child care support assignment
takes effect under section 256.741, subdivision 4. The resumption is effective as of the first
day of the month after the date that the public authority received the
information.
(b) If the parties provide conflicting information to the
public authority regarding whether child care expenses are being incurred, or
if the public authority is unable to verify with the obligee that no child care
costs are being incurred, the public authority will continue or resume
collecting child care expenses. Either
party, by motion to the court, may challenge the suspension, continuation, or
resumption of the collection of child care expenses under this
subdivision. If the public authority
suspends collection activities for the amount allocated for child care
expenses, all other provisions of the court order remain in effect.
(c) In cases where there is a substantial increase or decrease in child care expenses, the parties may modify the order under section 518A.39.
Sec. 4. Minnesota Statutes 2010, section 518C.205, is amended to read:
518C.205 CONTINUING,
EXCLUSIVE JURISDICTION.
(a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order unless:
(1) as long as this state remains is no
longer the residence of the obligor, the individual obligee, or and
the child for whose benefit the support order is issued; or
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(2) until all of the parties who are
individuals have filed written consents with the tribunal of this state for a
tribunal of another state to modify the order and assume continuing, exclusive
jurisdiction.
(b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter.
(c) If a child support order of this state is modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:
(1) enforce the order that was modified as to amounts accruing before the modification;
(2) enforce nonmodifiable aspects of that order; and
(3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.
(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this chapter or a law substantially similar to this chapter.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
Sec. 5. RECIPROCAL
AGREEMENT; CHILD SUPPORT ENFORCEMENT.
The commissioner of human services shall
initiate procedures no later than October 1, 2012, to enter into a reciprocal
agreement with Bermuda for the establishment and enforcement of child support
obligations pursuant to United States Code, title 42, section 659a(d).
EFFECTIVE
DATE. This section is
effective upon Bermuda's written acceptance and agreement to enforce Minnesota
child support orders. If Bermuda does
not accept and declines to enforce Minnesota orders, this section expires
October 1, 2013.
Sec. 6. EFFECTIVE
DATE.
This article is effective August 1,
2012.
ARTICLE 6
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 2010, section 257.01, is amended to read:
257.01
RECORDS REQUIRED.
Each person or authorized child-placing agency permitted by law to receive children, secure homes for children, or care for children, shall keep a record containing the name, age, former residence, legal status, health records, sex, race, and accumulated length of time in foster care, if applicable, of each child received; the name, former residence,
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occupation, health history, and character,
of each birth parent; the date of reception, placing out, and adoption of each
child, and the name, race, occupation, and residence of the person with whom a
child is placed; the date of the removal of any child to another home and the
reason for removal; the date of termination of the guardianship; the history of
each child until the child reaches the age of 18 21 years, is
legally adopted, or is discharged according to law; and further demographic and
other information as is required by the commissioner of human services.
Sec. 2. Minnesota Statutes 2010, section 259.69, is amended to read:
259.69 TRANSFER OF
FUNDS.
The commissioner of human services may transfer funds into
the subsidized adoption assistance account when a deficit in the subsidized
adoption assistance program occurs.
Sec. 3. Minnesota Statutes 2010, section 259.73, is amended to read:
259.73 REIMBURSEMENT
OF NONRECURRING ADOPTION EXPENSES.
The commissioner of human services shall provide
reimbursement of up to $2,000 to the adoptive parent or parents for costs
incurred in adopting a child with special needs. The commissioner shall determine the child's
eligibility for adoption expense reimbursement under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676. To be reimbursed, costs must be reasonable,
necessary, and directly related to the legal adoption of the child. An individual may apply for reimbursement
for costs incurred in an adoption of a child with special needs under section
259A.70.
Sec. 4. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:
Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition, terminate all rights of a parent to a child:
(a) with the written consent of a parent who for good cause desires to terminate parental rights; or
(b) if it finds that one or more of the following conditions exist:
(1) that the parent has abandoned the child;
(2) that the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and either reasonable efforts by the social services agency have failed to correct the conditions that formed the basis of the petition or reasonable efforts would be futile and therefore unreasonable;
(3) that a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth;
(4) that a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the
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child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that the parent's parental rights to one or more other children were involuntarily terminated or that the parent's custodial rights to another child have been involuntarily transferred to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar law of another jurisdiction;
(5) that following the child's placement out of the home, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the child's placement. It is presumed that reasonable efforts under this clause have failed upon a showing that:
(i) a child has resided out of the parental home under court order for a cumulative period of 12 months within the preceding 22 months. In the case of a child under age eight at the time the petition was filed alleging the child to be in need of protection or services, the presumption arises when the child has resided out of the parental home under court order for six months unless the parent has maintained regular contact with the child and the parent is complying with the out-of-home placement plan;
(ii) the court has approved the out-of-home placement plan required under section 260C.212 and filed with the court under section 260C.178;
(iii) conditions leading to the out-of-home placement have not been corrected. It is presumed that conditions leading to a child's out-of-home placement have not been corrected upon a showing that the parent or parents have not substantially complied with the court's orders and a reasonable case plan; and
(iv) reasonable efforts have been made by the social services agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental rights prior to one year, or in the case of a child under age eight, prior to six months after a child has been placed out of the home.
It is also presumed that reasonable efforts have failed under this clause upon a showing that:
(A) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;
(B) the parent has been required by a case plan to participate in a chemical dependency treatment program;
(C) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;
(D) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and
(E) the parent continues to abuse chemicals.
(6) that a child has experienced egregious harm in the parent's care which is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care;
(7) that in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and the person has not registered with the fathers' adoption registry under section 259.52;
(8) that the child is neglected and in foster care; or
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(9) that the parent has been convicted of a
crime listed in section 260.012, paragraph (g) , clauses (1) to (3) (5).
In an action involving an American Indian child, sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws.
Sec. 5. Minnesota Statutes 2010, section 260D.08, is amended to read:
260D.08
ANNUAL REVIEW.
(a) After the court conducts a permanency review hearing under section 260D.07, the matter must be returned to the court for further review of the responsible social services reasonable efforts to finalize the permanent plan for the child and the child's foster care placement at least every 12 months while the child is in foster care. The court shall give notice to the parent and child, age 12 or older, and the foster parents of the continued review requirements under this section at the permanency review hearing.
(b) Every 12 months, the court shall determine whether the agency made reasonable efforts to finalize the permanency plan for the child, which means the exercise of due diligence by the agency to:
(1) ensure that the agreement for voluntary foster care is the most appropriate legal arrangement to meet the child's safety, health, and best interests and to conduct a genuine examination of whether there is another permanency disposition order under chapter 260C, including returning the child home, that would better serve the child's need for a stable and permanent home;
(2) engage
and support the parent in continued involvement in planning and decision making
for the needs of the child;
(3) strengthen the child's ties to the parent, relatives, and community;
(4) implement the out-of-home placement plan required under section 260C.212, subdivision 1, and ensure that the plan requires the provision of appropriate services to address the physical health, mental health, and educational needs of the child; and
(5) ensure appropriate planning for the child's safe, permanent, and independent living arrangement after the child's 18th birthday.
Sec. 6. [611.012]
DISPOSITION OF CHILD OF PARENT ARRESTED.
A peace officer who arrests a person
accompanied by a child of the person may release the child to any person
designated by the parent unless it is necessary to remove the child under
section 260C.175 because the child is found in surroundings or conditions which
endanger the child's health or welfare or which the peace officer reasonably
believes will endanger the child's health or welfare. An officer releasing a child under this
section to a person designated by the parent has no civil or criminal liability
for the child's release.
Sec. 7. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
Subd. 2. Definitions. As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:
(a) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.
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(b) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve substantial child endangerment, and for reports of maltreatment in facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10; or in a nonlicensed personal care provider association as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(c) "Substantial child endangerment" means a person responsible for a child's care, and in the case of sexual abuse includes a person who has a significant relationship to the child as defined in section 609.341, or a person in a position of authority as defined in section 609.341, who by act or omission commits or attempts to commit an act against a child under their care that constitutes any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) sexual abuse as defined in paragraph (d);
(3) abandonment under section 260C.301, subdivision 2;
(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(5) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(6) manslaughter in the first or second degree under section 609.20 or 609.205;
(7) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(8) solicitation, inducement, and promotion of prostitution under section 609.322;
(9) criminal sexual conduct under sections 609.342 to 609.3451;
(10) solicitation of children to engage in sexual conduct under section 609.352;
(11) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.301, subdivision 3, paragraph (a).
(d) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).
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(e) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.
(f) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health. This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled
substance, as defined in section 253B.02, subdivision 2, used by the mother for
a nonmedical purpose, as evidenced by withdrawal symptoms in the child at
birth, results of a toxicology test performed on the mother at delivery or the
child at birth, or medical effects or developmental delays during the
child's first year of life that medically indicate prenatal exposure to a
controlled substance, or the presence of a fetal alcohol spectrum disorder;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or
(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.
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(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 121A.67 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following that are done in anger or without regard to the safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances;
(9) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58.
(h) "Report" means any report received by the local welfare agency, police department, county sheriff, or agency responsible for assessing or investigating maltreatment pursuant to this section.
(i) "Facility" means:
(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or
(3) a nonlicensed personal care provider organization as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(j) "Operator" means an operator or agency as defined in section 245A.02.
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(k) "Commissioner" means the commissioner of human services.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
(m) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.
(n) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar law of another jurisdiction.
(o) Persons who conduct assessments or investigations under this section shall take into account accepted child-rearing practices of the culture in which a child participates and accepted teacher discipline practices, which are not injurious to the child's health, welfare, and safety.
(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which:
(1) is not likely to occur and could not have been prevented by exercise of due care; and
(2) if occurring while a child is receiving
services from a facility, happens when the facility and the employee or person
providing services in the facility are in
compliance with the laws and rules relevant to the occurrence or event.
(q) "Nonmaltreatment mistake" means:
(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and
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(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident.
This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual.
Sec. 8. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:
Subd. 10. Duties of local welfare agency and local law enforcement agency upon receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child maltreatment. The local welfare agency:
(1) shall conduct an investigation on reports involving substantial child endangerment;
(2) shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that substantial child endangerment or a serious threat to the child's safety exists;
(3) may conduct a family assessment for reports that do not allege substantial child endangerment. In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response; and
(4) may conduct a family assessment on a report that was initially screened and assigned for an investigation. In determining that a complete investigation is not required, the local welfare agency must document the reason for terminating the investigation and notify the local law enforcement agency if the local law enforcement agency is conducting a joint investigation.
If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, or sexual abuse by a person with a significant relationship to the child when that person resides in the child's household or by a sibling, the local welfare agency shall immediately conduct a family assessment or investigation as identified in clauses (1) to (4). In conducting a family assessment or investigation, the local welfare agency shall gather information on the existence of substance abuse and domestic violence and offer services for purposes of preventing future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected minor, and supporting and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.
If the family assessment or investigation indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child's care, the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part 9530.6615.
(b) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform
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the ombudsman established under sections
245.91 to 245.97. The commissioner of
education shall inform the ombudsman established under sections 245.91 to
245.97 of reports regarding a child defined as a client in section 245.91 that maltreatment occurred at a school as
defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
(c) Authority of the local welfare agency responsible for assessing or investigating the child abuse or neglect report, the agency responsible for assessing or investigating the report, and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian, or school official. For family assessments, it is the preferred practice to request a parent or guardian's permission to interview the child prior to conducting the child interview, unless doing so would compromise the safety assessment. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official.
(d) When the local welfare, local law enforcement agency, or the agency responsible for assessing or investigating a report of maltreatment determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded, unless a school employee or agent is alleged to have maltreated the child. Until that time, the local welfare or law enforcement agency or the agency responsible for assessing or investigating a report of maltreatment shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.
Except where the alleged offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises.
(e) Where the alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order.
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(f) Before making an order under paragraph (e), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause.
(g) The commissioner of human services, the ombudsman for mental health and developmental disabilities, the local welfare agencies responsible for investigating reports, the commissioner of education, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings.
(h) The local welfare agency responsible for
conducting a family assessment or investigation shall collect available and
relevant information to determine child safety, risk of subsequent child
maltreatment, and family strengths and needs and share not public information
with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare
agency in order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant
information to ascertain whether maltreatment occurred and whether protective
services are needed. Information
collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's
relationship to the child and to the alleged offender, and the basis of the
reporter's knowledge for the report; the child allegedly being maltreated; the
alleged offender; the child's caretaker; and other collateral sources having
relevant information related to the alleged maltreatment. The local welfare agency or the agency
responsible for assessing or investigating the report may make a
determination of no maltreatment early in an assessment investigation,
and close the case and retain immunity, if the collected information shows no
basis for a full assessment or investigation.
Information relevant to the assessment or investigation must be asked for, and may include:
(1) the child's sex and age, prior reports of maltreatment, information relating to developmental functioning, credibility of the child's statement, and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation;
(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child maintained by any facility, clinic, or health care professional and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of the child, and substance abuse.
Nothing in this paragraph precludes the local welfare agency, the local law enforcement agency, or the agency responsible for assessing or investigating the report from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency
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has access to medical data and records for purposes of clause (3). Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency or the agency responsible for assessing or investigating the report during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11. Data of the commissioner of education collected or maintained during and for the purpose of an investigation of alleged maltreatment in a school are governed by this section, notwithstanding the data's classification as educational, licensing, or personnel data under chapter 13.
In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (i), the commissioner of education shall collect investigative reports and data that are relevant to a report of maltreatment and are from local law enforcement and the school facility.
(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child. The face-to-face contact with the child and primary caregiver shall occur immediately if substantial child endangerment is alleged and within five calendar days for all other reports. If the alleged offender was not already interviewed as the primary caregiver, the local welfare agency shall also conduct a face-to-face interview with the alleged offender in the early stages of the assessment or investigation. At the initial contact, the local child welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation.
(j) When conducting an investigation, the local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. For investigations only, the following interviewing methods and procedures must be used whenever possible when collecting information:
(1) audio recordings of all interviews with witnesses and collateral sources; and
(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses.
(k) In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (i), the commissioner of education shall collect available and relevant information and use the procedures in paragraphs (i), (k), and subdivision 3d, except that the requirement for face-to-face observation of the child and face-to-face interview of the alleged offender is to occur in the initial stages of the assessment or investigation provided that the commissioner may also base the assessment or investigation on investigative reports and data received from the school facility and local law enforcement, to the extent those investigations satisfy the requirements of paragraphs (i) and (k), and subdivision 3d.
Sec. 9. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read:
Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report. The conclusion of the assessment or investigation may be extended to permit the completion of a criminal investigation or the receipt of expert information requested within 45 days of the receipt of the report.
(b) After conducting a family assessment, the local welfare agency shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment.
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(c) After conducting an investigation, the
local welfare agency shall make two determinations: first, whether maltreatment has occurred;
and, second, whether child protective services are needed. No determination of maltreatment shall be made
when the alleged perpetrator is a child under the age of ten.
(d) If the commissioner of education conducts an assessment or investigation, the commissioner shall determine whether maltreatment occurred and what corrective or protective action was taken by the school facility. If a determination is made that maltreatment has occurred, the commissioner shall report to the employer, the school board, and any appropriate licensing entity the determination that maltreatment occurred and what corrective or protective action was taken by the school facility. In all other cases, the commissioner shall inform the school board or employer that a report was received, the subject of the report, the date of the initial report, the category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was not determined, and a summary of the specific reasons for the determination.
(e) When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible, or whether both the facility and the individual were responsible for the maltreatment using the mitigating factors in paragraph (i). Determinations under this subdivision must be made based on a preponderance of the evidence and are private data on individuals or nonpublic data as maintained by the commissioner of education.
(f) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions:
(1) physical abuse as defined in subdivision 2, paragraph (g);
(2) neglect as defined in subdivision 2, paragraph (f);
(3) sexual abuse as defined in subdivision 2, paragraph (d);
(4) mental injury as defined in subdivision 2, paragraph (m); or
(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
(g) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.
(h) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.
(i) When determining whether the facility or individual is the responsible party, or whether both the facility and the individual are responsible for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors:
(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care;
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(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and
(3) whether the facility or individual followed professional standards in exercising professional judgment.
The evaluation of the facility's responsibility under clause (2) must not be based on the completeness of the risk assessment or risk reduction plan required under section 245A.66, but must be based on the facility's compliance with the regulatory standards for policies and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.
(j) Notwithstanding paragraph (i), when maltreatment is determined to have been committed by an individual who is also the facility license holder, both the individual and the facility must be determined responsible for the maltreatment, and both the background study disqualification standards under section 245C.15, subdivision 4, and the licensing actions under sections 245A.06 or 245A.07 apply.
(k) Individual counties may implement more detailed definitions or criteria that indicate which allegations to investigate, as long as a county's policies are consistent with the definitions in the statutes and rules and are approved by the county board. Each local welfare agency shall periodically inform mandated reporters under subdivision 3 who work in the county of the definitions of maltreatment in the statutes and rules and any additional definitions or criteria that have been approved by the county board.
Sec. 10. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
Subd. 10f. Notice
of determinations. Within ten working
days of the conclusion of a family assessment, the local welfare agency shall
notify the parent or guardian of the child of the need for services to address
child safety concerns or significant risk of subsequent child maltreatment. The local welfare agency and the family may
also jointly agree that family support and family preservation services are
needed. Within ten working days of the
conclusion of an investigation, the local welfare agency or agency responsible
for assessing or investigating the report shall notify the parent or
guardian of the child, the person determined to be maltreating the child, and
if applicable, the director of the facility, of the determination and a summary
of the specific reasons for the determination.
When the investigation involves a child foster care setting that is
monitored by a private licensing agency under section 245A.16, the local
welfare agency responsible for assessing or investigating the report
shall notify the private licensing agency of the determination and shall
provide a summary of the specific reasons for the determination. The notice to the private licensing agency
must include identifying private data, but not the identity of the reporter of
maltreatment. The notice must also
include a certification that the information collection procedures under
subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the
right of a data subject to obtain access to other private data on the subject
collected, created, or maintained under this section. In addition, the notice shall include the
length of time that the records will be kept under subdivision 11c. The investigating agency shall notify the
parent or guardian of the child who is the subject of the report, and any
person or facility determined to have maltreated a child, of their appeal or
review rights under this section or section 256.022. The notice must also state that a finding of
maltreatment may result in denial of a license application or background study
disqualification under chapter 245C related to employment or services that are
licensed by the Department of Human Services under chapter 245A, the Department
of Health under chapter 144 or 144A, the Department of Corrections under
section 241.021, and from providing services related to an unlicensed personal
care provider organization under chapter 256B.
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Sec. 11. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
Subd. 10i. Administrative reconsideration; review panel. (a) Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made. For investigations, except as provided under paragraph (e), an individual or facility that the commissioner of human services, a local social service agency, or the commissioner of education determines has maltreated a child, an interested person acting on behalf of the child, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, the request for reconsideration must be postmarked and sent to the investigating agency within 15 calendar days of the individual's or facility's receipt of the final determination. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 15 calendar days after the individual's or facility's receipt of the final determination. Effective January 1, 2002, an individual who was determined to have maltreated a child under this section and who was disqualified on the basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and the disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment determination and the disqualification must be postmarked and sent to the investigating agency within 30 calendar days of the individual's receipt of the maltreatment determination and notice of disqualification. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 30 calendar days after the individual's receipt of the notice of disqualification.
(b) Except as provided under paragraphs (e)
and (f), if the investigating agency denies the request or fails to act upon
the request within 15 working days after receiving the request for
reconsideration, the person or facility entitled to a fair hearing under
section 256.045 may submit to the commissioner of human services or the
commissioner of education a written request for a hearing under that
section. Section 256.045 also governs
hearings requested to contest a final determination of the commissioner of
education. For reports involving
maltreatment of a child in a facility, an interested person acting on behalf of
the child may request a review by the Child Maltreatment Review Panel under
section 256.022 if the investigating agency denies the request or fails to act
upon the request or if the interested person contests a reconsidered
determination. The investigating
agency shall notify persons who request reconsideration of their rights under
this paragraph. The request must be
submitted in writing to the review panel and a copy sent to the investigating
agency within 30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The request must specifically identify the
aspects of the agency determination with which the person is dissatisfied. The hearings specified under this section
are the only administrative appeal of a decision issued under paragraph
(a). Determinations under this section
are not subject to accuracy and completeness challenges under section 13.04.
(c) If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f.
(d) Except as provided under paragraph (f), if an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under section 256.045, the commissioner of human services shall assure that the hearing is conducted and a decision is reached within 90 days of receipt of the request for a hearing. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party.
(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis of a determination of maltreatment, which was serious or recurring, and the individual has requested reconsideration of the maltreatment determination under paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 to
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245C.27, reconsideration of the maltreatment determination and reconsideration of the disqualification shall be consolidated into a single reconsideration. If reconsideration of the maltreatment determination is denied and the individual remains disqualified following a reconsideration decision, the individual may request a fair hearing under section 256.045. If an individual requests a fair hearing on the maltreatment determination and the disqualification, the scope of the fair hearing shall include both the maltreatment determination and the disqualification.
(f) If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, the license holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment determination and disqualification shall not be conducted under section 256.045. Except for family child care and child foster care, reconsideration of a maltreatment determination as provided under this subdivision, and reconsideration of a disqualification as provided under section 245C.22, shall also not be conducted when:
(1) a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder based on serious or recurring maltreatment;
(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and
(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction.
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
If the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under chapter 245C, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge.
(g) For purposes of this subdivision, "interested person acting on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been determined to be the perpetrator of the maltreatment.
Sec. 12. Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to read:
Subd. 10k. Release of certain assessment or investigative records to other counties. Records maintained under subdivision 11c, paragraph (a), may be shared with another local welfare agency that requests the information because it is conducting an assessment or investigation under this section of the subject of the records.
Sec. 13. REVISOR'S INSTRUCTION.
(a) The revisor of statutes shall renumber each section
of Minnesota Statutes listed in column A with the number listed in column B.
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