1.1.................... moves to amend H.F. No. 3391 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 260C.007, subdivision 6, is amended to
1.4read:
1.5    Subd. 6. Child in need of protection or services. "Child in need of protection or
1.6services" means a child who is in need of protection or services because the child:
1.7    (1) is abandoned or without parent, guardian, or custodian;
1.8    (2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
1.9subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
1.10subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
1.11would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
1.12child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
1.13as defined in subdivision 15;
1.14    (3) is without necessary food, clothing, shelter, education, or other required care
1.15for the child's physical or mental health or morals because the child's parent, guardian,
1.16or custodian is unable or unwilling to provide that care;
1.17    (4) is without the special care made necessary by a physical, mental, or emotional
1.18condition because the child's parent, guardian, or custodian is unable or unwilling to
1.19provide that care;
1.20    (5) is medically neglected, which includes, but is not limited to, the withholding of
1.21medically indicated treatment from a disabled infant with a life-threatening condition. The
1.22term "withholding of medically indicated treatment" means the failure to respond to the
1.23infant's life-threatening conditions by providing treatment, including appropriate nutrition,
1.24hydration, and medication which, in the treating physician's or physicians' reasonable
1.25medical judgment, will be most likely to be effective in ameliorating or correcting all
1.26conditions, except that the term does not include the failure to provide treatment other
2.1than appropriate nutrition, hydration, or medication to an infant when, in the treating
2.2physician's or physicians' reasonable medical judgment:
2.3    (i) the infant is chronically and irreversibly comatose;
2.4    (ii) the provision of the treatment would merely prolong dying, not be effective in
2.5ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
2.6futile in terms of the survival of the infant; or
2.7    (iii) the provision of the treatment would be virtually futile in terms of the survival
2.8of the infant and the treatment itself under the circumstances would be inhumane;
2.9    (6) is one whose parent, guardian, or other custodian for good cause desires to be
2.10relieved of the child's care and custody, including a child who entered foster care under a
2.11voluntary placement agreement between the parent and the responsible social services
2.12agency under section 260C.212, subdivision 8;
2.13    (7) has been placed for adoption or care in violation of law;
2.14    (8) is without proper parental care because of the emotional, mental, or physical
2.15disability, or state of immaturity of the child's parent, guardian, or other custodian;
2.16    (9) is one whose behavior, condition, or environment is such as to be injurious or
2.17dangerous to the child or others. An injurious or dangerous environment may include, but
2.18is not limited to, the exposure of a child to criminal activity in the child's home;
2.19    (10) is experiencing growth delays, which may be referred to as failure to thrive, that
2.20have been diagnosed by a physician and are due to parental neglect;
2.21    (11) has engaged in prostitution as defined in section 609.321, subdivision 9;
2.22    (12) has committed a delinquent act or a juvenile petty offense before becoming
2.23ten years old;
2.24    (13) is a runaway;
2.25    (14) is a habitual truant; or
2.26    (15) has been found incompetent to proceed or has been found not guilty by reason
2.27of mental illness or mental deficiency in connection with a delinquency proceeding, a
2.28certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
2.29proceeding involving a juvenile petty offense; or
2.30(16) has a parent whose parental rights to one or more other children were
2.31involuntarily terminated or whose custodial rights to another child have been involuntarily
2.32transferred to a relative and there is a case plan prepared by the responsible social services
2.33agency documenting a compelling reason why filing the termination of parental rights
2.34petition under section 260C.301, subdivision 3, is not in the best interests of the child.

2.35    Sec. 2. Minnesota Statutes 2008, section 260C.163, subdivision 2, is amended to read:
3.1    Subd. 2. Right to participate in proceedings. A child who is the subject of
3.2a petition, and the parents, guardian, or legal custodian of the child have the right to
3.3participate in all proceedings on a petition. Official tribal representatives have the right
3.4to participate in any proceeding that is subject to the Indian Child Welfare Act of 1978,
3.5United States Code, title 25, sections 1901 to 1963.
3.6Any grandparent of the child has a right to participate in the proceedings to the
3.7same extent as a parent, if the child has lived with the grandparent within the two years
3.8preceding the filing of the petition. At the first hearing following the filing of a petition,
3.9the court shall ask whether the child has lived with a grandparent within the last two years,
3.10except that the court need not make this inquiry if the petition states that the child did not
3.11live with a grandparent during this time period. Failure to notify a grandparent of the
3.12proceedings is not a jurisdictional defect.
3.13If, in a permanency proceeding involving a child in need of protection or services,
3.14the responsible social services agency recommends any party files a petition for transfer
3.15of permanent legal and physical custody to a named relative, the relative has a right to
3.16participate in the permanency proceeding as a party solely on the issue of the relative's
3.17suitability to be a legal and physical custodian for the child and whether the transfer
3.18is in the child's best interests, and thereafter shall receive notice of any hearing in the
3.19proceedings.

3.20    Sec. 3. Minnesota Statutes 2009 Supplement, section 260C.175, subdivision 1, is
3.21amended to read:
3.22    Subdivision 1. Immediate custody. No child may be taken into immediate custody
3.23except:
3.24(1) with an order issued by the court in accordance with the provisions of section
3.25260C.151, subdivision 6 , or Laws 1997, chapter 239, article 10, section 10, paragraph
3.26(a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance
3.27with the provisions of section 260C.154;
3.28(2) by a peace officer:
3.29(i) when a child has run away from a parent, guardian, or custodian, or when the
3.30peace officer reasonably believes the child has run away from a parent, guardian, or
3.31custodian, but only for the purpose of transporting the child home, to the home of a
3.32relative, or to another safe place which may include a shelter care facility; or
3.33(ii) when a child is found in surroundings or conditions which endanger the child's
3.34health or welfare or which such peace officer reasonably believes will endanger the child's
3.35health or welfare. If an Indian child is a resident of a reservation or is domiciled on a
4.1reservation but temporarily located off the reservation, the taking of the child into custody
4.2under this clause shall be consistent with the Indian Child Welfare Act of 1978, United
4.3States Code, title 25, section 1922;
4.4(3) by a peace officer or probation or parole officer when it is reasonably believed
4.5that the child has violated the terms of probation, parole, or other field supervision; or
4.6(4) by a peace officer or probation officer under section 260C.143, subdivision 1 or 4.

4.7    Sec. 4. Minnesota Statutes 2008, section 260C.201, is amended by adding a
4.8subdivision to read:
4.9    Subd. 13. Stay of adjudication. (a) The court may stay an adjudication that the
4.10child is in need of protection or services under the following circumstances:
4.11(1) the allegations in the petition have been admitted, or when a hearing has been
4.12held as provided in section 260C.163 and the allegations contained in the petition have
4.13been duly proven;
4.14(2) the parent is engaging in a case plan, approved by the local social services agency
4.15and the court, which is anticipated to correct the conditions that led to the child in need of
4.16protection petition and can be completed within 90 days; and
4.17(3) the court makes a specific finding as to how it is in the best interests of the
4.18child that adjudication is stayed.
4.19(b) The court may stay an adjudication for a period not to exceed 90 days from the
4.20date on which the findings in paragraph (a) were made, unless the court finds that it is in
4.21the child's best interests to extend the period no more than one additional 90-day period.
4.22(c) If the parent and child have complied with the terms of the stay, the case must
4.23be dismissed without an adjudication that the child is in need of protection or services
4.24within the time periods set in paragraph (b).
4.25(d) If the parent or child has not complied with the terms of the stay within the time
4.26periods set in paragraph (b), the court shall adjudicate the child in need of protection or
4.27services.

4.28    Sec. 5. Minnesota Statutes 2008, section 260C.301, subdivision 1, is amended to read:
4.29    Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition,
4.30terminate all rights of a parent to a child:
4.31(a) with the written consent of a parent who for good cause desires to terminate
4.32parental rights; or
4.33(b) if it finds that one or more of the following conditions exist:
4.34(1) that the parent has abandoned the child;
5.1(2) that the parent has substantially, continuously, or repeatedly refused or neglected
5.2to comply with the duties imposed upon that parent by the parent and child relationship,
5.3including but not limited to providing the child with necessary food, clothing, shelter,
5.4education, and other care and control necessary for the child's physical, mental, or
5.5emotional health and development, if the parent is physically and financially able, and
5.6either reasonable efforts by the social services agency have failed to correct the conditions
5.7that formed the basis of the petition or reasonable efforts would be futile and therefore
5.8unreasonable;
5.9(3) that a parent has been ordered to contribute to the support of the child or
5.10financially aid in the child's birth and has continuously failed to do so without good cause.
5.11This clause shall not be construed to state a grounds for termination of parental rights of a
5.12noncustodial parent if that parent has not been ordered to or cannot financially contribute
5.13to the support of the child or aid in the child's birth;
5.14(4) that a parent is palpably unfit to be a party to the parent and child relationship
5.15because of a consistent pattern of specific conduct before the child or of specific conditions
5.16directly relating to the parent and child relationship either of which are determined by
5.17the court to be of a duration or nature that renders the parent unable, for the reasonably
5.18foreseeable future, to care appropriately for the ongoing physical, mental, or emotional
5.19needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent
5.20and child relationship upon a showing that the parent's parental rights to one or more other
5.21children were involuntarily terminated or that the parent's custodial rights to another child
5.22have been involuntarily transferred to a relative under section 260C.201, subdivision 11,
5.23paragraph (e), clause (1), or a similar law of another jurisdiction;
5.24(5) that following the child's placement out of the home, reasonable efforts, under the
5.25direction of the court, have failed to correct the conditions leading to the child's placement.
5.26It is presumed that reasonable efforts under this clause have failed upon a showing that:
5.27(i) a child has resided out of the parental home under court order for a cumulative
5.28period of 12 months within the preceding 22 months. In the case of a child under age eight
5.29at the time the petition was filed alleging the child to be in need of protection or services,
5.30the presumption arises when the child has resided out of the parental home under court
5.31order for six months unless the parent has maintained regular contact with the child and
5.32the parent is complying with the out-of-home placement plan;
5.33(ii) the court has approved the out-of-home placement plan required under section
5.34260C.212 and filed with the court under section 260C.178;
5.35(iii) conditions leading to the out-of-home placement have not been corrected. It
5.36is presumed that conditions leading to a child's out-of-home placement have not been
6.1corrected upon a showing that the parent or parents have not substantially complied with
6.2the court's orders and a reasonable case plan; and
6.3(iv) reasonable efforts have been made by the social services agency to rehabilitate
6.4the parent and reunite the family.
6.5This clause does not prohibit the termination of parental rights prior to one year, or
6.6in the case of a child under age eight, prior to six months after a child has been placed
6.7out of the home.
6.8It is also presumed that reasonable efforts have failed under this clause upon a
6.9showing that:
6.10(A) the parent has been diagnosed as chemically dependent by a professional
6.11certified to make the diagnosis;
6.12(B) the parent has been required by a case plan to participate in a chemical
6.13dependency treatment program;
6.14(C) the treatment programs offered to the parent were culturally, linguistically,
6.15and clinically appropriate;
6.16(D) the parent has either failed two or more times to successfully complete a
6.17treatment program or has refused at two or more separate meetings with a caseworker
6.18to participate in a treatment program; and
6.19(E) the parent continues to abuse chemicals.
6.20(6) that a child has experienced egregious harm in the parent's care which is of a
6.21nature, duration, or chronicity that indicates a lack of regard for the child's well-being,
6.22such that a reasonable person would believe it contrary to the best interest of the child
6.23or of any child to be in the parent's care;
6.24(7) that in the case of a child born to a mother who was not married to the child's
6.25father when the child was conceived nor when the child was born the person is not entitled
6.26to notice of an adoption hearing under section 259.49 and the person has not registered
6.27with the fathers' adoption registry under section 259.52;
6.28(8) that the child is neglected and in foster care; or
6.29(9) that the parent has been convicted of a crime listed in section 260.012, paragraph
6.30(b) , clauses (1) to (3); or
6.31(10) that the parent has engaged in conduct toward the child's other parent that
6.32constitutes a violation of sections 609.185 to 609.20, except if such conduct was
6.33committed in self defense or in the defense of others, or there is substantial evidence of
6.34other justification.
7.1In an action involving an American Indian child, sections 260.751 to 260.835 and
7.2the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control
7.3to the extent that the provisions of this section are inconsistent with those laws. "
7.4Renumber the sections in sequence and correct the internal references
7.5Amend the title accordingly