1.1 A bill for an act
1.2 relating to human services; establishing the Layla Jackson Law; modifying child
1.3 welfare provisions; establishing the African American Child Well-Being Advisory
1.4 Council; requiring reports; appropriating money; amending Minnesota Statutes
1.5 2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in
1.6 Minnesota Statutes, chapter 260.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [260.61] CITATION.
1.9 Sections 260.61 to 260.697 may be cited as the "Layla Jackson Law."
1.10 Sec. 2. [260.62] PURPOSES.
1.11 (a) The purposes of the Layla Jackson Law are to:
1.12 (1) protect the best interests of African American and disproportionately represented
1.13children;
1.14 (2) promote the stability and security of African American and disproportionately
1.15represented children and families by establishing minimum standards to prevent the arbitrary
1.16and unnecessary removal of African American and disproportionately represented children
1.17from their families; and
1.18 (3) improve permanency outcomes, including family reunification, for African American
1.19and disproportionately represented children.
1.20 (b) Nothing in this legislation is intended to interfere with the protections of the Indian
1.21Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the
1.22Minnesota American Indian Family Preservation Act, sections 260.751 to 260.835.
1Sec. 2.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 912
NINETY-THIRD SESSION
Authored by Agbaje, Richardson, Clardy, Noor, Hussein and others01/26/2023
The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law04/02/2024
Adoption of Report: Amended and re-referred to the Committee on Ways and Means04/11/2024
Pursuant to Joint Rule 2.03, re-referred to the Committee on Rules and Legislative Administration 2.1 Sec. 3. [260.63] DEFINITIONS.
2.2 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.697.
2.3 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
2.4that the responsible social services agency must continuously make throughout the time
2.5that the responsible social services agency is involved with an African American or a
2.6disproportionately represented child and the child's family. To provide active efforts to
2.7preserve an African American or a disproportionately represented child's family, the
2.8responsible social services agency must continuously involve an African American or a
2.9disproportionately represented child's family in all services for the family, including case
2.10planning and choosing services and providers, and inform the family of the ability to request
2.11a case review by the commissioner under section 260.694. When providing active efforts,
2.12a responsible social services agency must consider an African American or a
2.13disproportionately represented family's social and cultural values at all times while providing
2.14services to the African American or disproportionately represented child and the child's
2.15family. Active efforts sets a higher standard for the responsible social services agency than
2.16reasonable efforts. Active efforts includes continuous efforts to preserve an African American
2.17or a disproportionately represented child's family, prevent the out-of-home placement of an
2.18African American or a disproportionately represented child, and reunify the African American
2.19or disproportionately represented child with the child's family as soon as possible. Active
2.20efforts includes the provision of reasonable efforts as required by Title IV-E of the Social
2.21Security Act, United States Code, title 42, sections 670 to 679c.
2.22 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
2.23of an African American or a disproportionately represented child made by the responsible
2.24social services agency upon a fully executed adoption placement agreement, including the
2.25signatures of the adopting parent, the responsible social services agency, and the
2.26commissioner of human services according to section 260C.613, subdivision 1.
2.27 Subd. 4.African American child."African American child" means a child having
2.28origins in Africa, including a child of two or more races who has at least one parent with
2.29origins in Africa.
2.30 Subd. 5.Best interests of the African American or disproportionately represented
2.31child.The "best interests of the African American or disproportionately represented child"
2.32means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
2.33the African American or disproportionately represented child's family, community, and
2.34cultural norms and allows the child to remain safely at home with the child's family. The
2Sec. 3.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 3.1best interests of the African American or disproportionately represented child support the
3.2child's sense of belonging to the child's family, extended family, kin, and cultural community.
3.3 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
3.4judicial proceeding that could result in:
3.5 (1) an adoptive placement;
3.6 (2) a foster care placement;
3.7 (3) a preadoptive placement; or
3.8 (4) a termination of parental rights.
3.9 (b) Judicial proceedings under this subdivision include a child's placement based upon
3.10a child's juvenile status offense, but do not include a child's placement based upon:
3.11 (1) an act which if committed by an adult would be deemed a crime; or
3.12 (2) an award of child custody in a divorce proceeding to one of the child's parents.
3.13 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
3.14or the commissioner's designee.
3.15 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
3.16provide care and support for an African American or a disproportionately represented child,
3.17or who is in fact providing daily care and support for an African American or a
3.18disproportionately represented child. This subdivision does not impose a legal obligation
3.19upon a person who is not otherwise legally obligated to provide a child with necessary food,
3.20clothing, shelter, education, or medical care.
3.21 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
3.22African American children and other disproportionately represented children in the state's
3.23child welfare system population as compared to the representation of those children in the
3.24state's total child population.
3.25 Subd. 10.Disproportionately represented child."Disproportionately represented child"
3.26means a child whose race, culture, ethnicity, disability status, or low-income socioeconomic
3.27status is disproportionately encountered, engaged, or identified in the child welfare system
3.28as compared to the representation in the state's total child population. Disproportionately
3.29represented child includes members of unique cultural groups belonging to larger ethnic or
3.30cultural categories used in federal, state, or local demographic data when the members are
3.31known to be disproportionately affected.
3Sec. 3.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 4.1 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
4.2subdivision 5.
4.3 Subd. 12.Foster care placement."Foster care placement" means the court-ordered
4.4removal of an African American or a disproportionately represented child from the child's
4.5home with the child's parent or legal custodian and the temporary placement of the child in
4.6a foster home, in shelter care or a facility, or in the home of a guardian, when the parent or
4.7legal custodian cannot have the child returned upon demand, but the parent's parental rights
4.8have not been terminated. A foster care placement includes a placement in foster care
4.9following an order placing the child under the guardianship of the commissioner, pursuant
4.10to section 260C.325, prior to an adoption being finalized.
4.11 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm"
4.12means that a child is threatened with immediate and present conditions that are
4.13life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
4.14The immediate and present conditions must have a direct causal relationship with the physical
4.15harm threatened. The existence of community or family poverty, isolation, single parenthood,
4.16age of the parent, crowded or inadequate housing, substance use, prenatal drug or alcohol
4.17exposure, mental illness, disability or special needs of the parent or child, or nonconforming
4.18social behavior does not by itself constitute imminent physical damage or harm.
4.19 Subd. 14.Responsible social services agency."Responsible social services agency"
4.20has the meaning given in section 260C.007, subdivision 27a.
4.21 Subd. 15.Parent."Parent" means the biological parent of an African American or a
4.22disproportionately represented child or any person who has legally adopted an African
4.23American or a disproportionately represented child who, prior to the adoption, was considered
4.24a relative to the child, as defined in subdivision 17. Parent includes an unmarried father
4.25whose paternity has been acknowledged or established and a putative father. Paternity has
4.26been acknowledged when an unmarried father takes any action to hold himself out as the
4.27biological father of a child.
4.28 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
4.29services agency's placement of an African American or a disproportionately represented
4.30child with the child's family or kin when the child is under the guardianship of the
4.31commissioner, for the purpose of adoption, but an adoptive placement agreement for the
4.32child has not been fully executed.
4.33 Subd. 17.Relative."Relative" means:
4.34 (1) an individual related to the child by blood, marriage, or adoption;
4Sec. 3.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 5.1 (2) a legal parent, guardian, or custodian of the child's sibling;
5.2 (3) an individual who is an important friend of the child or child's family with whom
5.3the child has resided or has had significant contact; or
5.4 (4) an individual who the child or the child's family identify as related to the child's
5.5family.
5.6 Subd. 18.Safety network."Safety network" means a group of individuals identified by
5.7the parent and child, when appropriate, that is responsible for helping with developing,
5.8implementing, sustaining, supporting, or improving a safety plan to protect the safety and
5.9well-being of a child.
5.10 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
5.11subdivision 20.
5.12 Subd. 20.Termination of parental rights."Termination of parental rights" means an
5.13action resulting in the termination of the parent-child relationship under section 260C.301.
5.14 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
5.15PROMOTE FAMILY REUNIFICATION.
5.16 (a) A responsible social services agency shall make active efforts to prevent the
5.17out-of-home placement of an African American or a disproportionately represented child,
5.18eliminate the need for a child's removal from the child's home, and reunify an African
5.19American or a disproportionately represented child with the child's family as soon as
5.20practicable.
5.21 (b) Prior to petitioning the court to remove an African American or a disproportionately
5.22represented child from the child's home, a responsible social services agency must work
5.23with the child's family to prevent out-of-home placement and preserve the child's family.
5.24The responsible social services agency must:
5.25 (1) make active efforts to engage the child's parent or custodian and the child, when
5.26appropriate;
5.27 (2) assess the family's cultural and economic needs and connect the family with supports
5.28to establish a safety network for the family;
5.29 (3) work with the family to develop an alternative plan to out-of-home placement;
5.30 (4) before making decisions that may affect the child's safety and well-being or when
5.31contemplating out-of-home placement, seek guidance from the child's family structure on
5Sec. 4.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 6.1how the family can seek help, what resources are available, and what barriers the family
6.2faces at that time; and
6.3 (5) provide support, guidance, and input to assist the family and the family's safety
6.4network with developing the safety plan.
6.5 (c) The safety plan must:
6.6 (1) address the specific allegations impacting the child's safety in the home. If neglect
6.7is alleged, the safety plan must incorporate economic services and supports to address the
6.8family's specific needs and prevent neglect;
6.9 (2) evaluate whether an order for protection under section 518B.01 or other court order
6.10expelling an allegedly abusive household member from the home of a parent or custodian
6.11who is not alleged to be abusive will allow the child to safely remain in the home;
6.12 (3) incorporate family and community support to ensure the child's safety while keeping
6.13the family intact; and
6.14 (4) be adjusted as needed to address the child's and family's ongoing needs and support.
6.15 (d) The responsible social services agency is not required to establish a safety plan:
6.16 (1) in a case with allegations of sexual abuse or egregious harm;
6.17 (2) when the parent is not willing to follow a safety plan;
6.18 (3) when the parent has abandoned the child or is unavailable to follow a safety plan;
6.19or
6.20 (4) when the parent has chronic substance abuse issues and is unable to parent the child.
6.21 Sec. 5. [260.65] EMERGENCY REMOVAL.
6.22 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
6.23shall be construed to prevent, delay, or deny the emergency removal of an African American
6.24or a disproportionately represented child's parent or custodian, or the emergency placement
6.25of the child in a foster setting, in order to prevent imminent physical damage or harm to the
6.26child.
6.27 Subd. 2.Petition for emergency removal; placement requirements.A petition for a
6.28court order authorizing the emergency removal or continued emergency placement of an
6.29African American or a disproportionately represented child or the petition's accompanying
6.30documents must contain a statement of the risk of imminent physical damage or harm to
6.31the African American or disproportionately represented child and any evidence that the
6Sec. 5.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 7.1emergency removal or placement continues to be necessary to prevent imminent physical
7.2damage or harm to the child. The petition or its accompanying documents must also include
7.3a statement of the efforts that have been made to assist the child's parents or custodians so
7.4that the child may safely be returned to their custody.
7.5 Subd. 3.Notice and service requirements.(a) The petition for emergency removal and
7.6accompanying documents must be served on the parent and, if the child is not located in
7.7the child's home at the time that the child is removed, on the entity or individual with custody
7.8of the child. If the court authorizes an emergency removal under subdivision 2, the petition
7.9and accompanying documents must be served on the parents or custodians at the time of
7.10the child's removal unless, after active efforts, the parents or custodians cannot be located
7.11at the time of removal.
7.12 (b) Whenever a child is removed pursuant to a court order issued under subdivision 2,
7.13the responsible social services agency shall make active efforts to provide notice to the
7.14parent or custodian of:
7.15 (1) the fact that the child has been removed from the child's home;
7.16 (2) the reasons for the child's emergency removal; and
7.17 (3) the parent or custodian's legal rights under this chapter, chapter 260C, and any other
7.18applicable provisions of statute, including the right to an emergency hearing under
7.19subdivision 4.
7.20 (c) Notice under paragraph (b) must be provided in plain language and take into
7.21consideration the parent or custodian's primary language, level of education, and culture.
7.22Notice may be given by any means reasonably certain of notifying the parent or custodian
7.23including but not limited to written, telephone, or in-person oral notification. If the initial
7.24notification is provided by a means other than in writing, the responsible social services
7.25agency shall make active efforts to also provide written notification.
7.26 (d) Notice required under this subdivision must be provided to the parent or custodian
7.27no more than 24 hours after the child has been removed or 24 hours after the responsible
7.28social services agency has been notified that the child has been removed pursuant to
7.29subdivision 2.
7.30 Subd. 4.Emergency proceeding requirements.(a) The court shall hold a hearing no
7.31later than 72 hours, excluding weekends and holidays, after the emergency removal of the
7.32African American or disproportionately represented child. The court shall determine whether
7.33the emergency removal continues to be necessary to prevent imminent physical damage or
7Sec. 5.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 8.1harm to the child and whether, after considering the child's particular circumstances, the
8.2imminent physical damage or harm to the child outweighs the harm that the child will
8.3experience as a result of continuing the emergency removal.
8.4 (b) The court shall hold additional hearings whenever new information indicates that
8.5the emergency situation has ended. The court shall consider all such new information at
8.6any court hearing after the emergency proceeding to determine whether the emergency
8.7removal or placement is no longer necessary to prevent imminent physical damage or harm
8.8to the child.
8.9 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
8.10Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
8.11or a disproportionately represented child who is subject to an emergency hearing under this
8.12section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
8.13appointed by the court. The court must appoint qualified counsel to represent a parent if the
8.14parent meets the eligibility requirements in section 611.17.
8.15 Subd. 5.Termination of emergency removal or placement.(a) An emergency removal
8.16or placement of an African American or a disproportionately represented child must
8.17immediately terminate once the responsible social services agency or court possesses
8.18sufficient evidence to determine that the emergency removal or placement is no longer
8.19necessary to prevent imminent physical damage or harm to the child and the child shall be
8.20immediately returned to the custody of the child's parent or custodian. The responsible social
8.21services agency or court shall ensure that the emergency removal or placement terminates
8.22immediately when the removal or placement is no longer necessary to prevent imminent
8.23physical damage or harm to the African American or disproportionately represented child.
8.24 (b) If the court determines that custody of the child by the child's parent or custodian is
8.25likely to result in serious physical harm to the child, after service upon the African American
8.26or disproportionately represented child's parents or custodian and upon a determination
8.27supported by clear and convincing evidence, the court shall further consider whether
8.28participation by the parents or legal custodians in any prevention services would prevent
8.29or eliminate the need for removal. If so, the court shall inquire of the parent or custodian
8.30whether they are willing to participate in such services. If the parent or custodian agrees to
8.31participate in the prevention services identified by the court that would prevent or eliminate
8.32the need for removal, the court shall place the child with the parent or custodian and the
8.33emergency removal shall terminate. The court shall not order a parent to participate in
8.34prevention services over the parent's or custodian's objection and the parent or custodian
8.35must have the opportunity to consult with counsel prior to deciding whether to agree to
8Sec. 5.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 9.1proposed prevention services as a condition of the child being returned to the custody of
9.2the parent or custodian.
9.3 (c) If the court determines that custody of the child by the child's parent or custodian is
9.4likely to result in serious physical harm to the child, the court shall further consider whether
9.5an order for protection under section 518B.01 or other court order expelling an allegedly
9.6abusive household member from the home of a parent or custodian who is not alleged to
9.7be abusive will allow the child to safely return to the home.
9.8 (d) In no instance shall emergency removal or emergency placement of an African
9.9American or a disproportionately represented child extend beyond 30 days unless the court
9.10finds by a showing of clear and convincing evidence that:
9.11 (1) continued emergency removal or placement is necessary to prevent imminent physical
9.12damage or harm to the child; and
9.13 (2) it has not been possible to initiate a child placement proceeding with all of the
9.14protections under sections 260.61 to 260.694.
9.15 Sec. 6. [260.66] NONCUSTODIAL PARENTS.
9.16 (a) Prior to the removal of an African American or a disproportionately represented child
9.17from the child's home, the responsible social services agency must make active efforts to
9.18identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives
9.19to notify the child's parent and relatives that the child is or will be placed in foster care, and
9.20provide the child's parent and relatives with a list of legal resources. The notice to the child's
9.21noncustodial or nonadjudicated parent and relatives must also include the information
9.22required under section 260C.221, subdivision 2, paragraph (b). The responsible social
9.23services agency must maintain detailed records of the agency's efforts to notify parents and
9.24relatives under this section.
9.25 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
9.26agency must assess an African American or a disproportionately represented child's
9.27noncustodial or nonadjudicated parent's ability to care for the child before placing the child
9.28in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
9.29daily care for the African American or disproportionately represented child temporarily or
9.30permanently, the court shall order that the child be placed in the home of the noncustodial
9.31or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
9.32responsible social services agency must make active efforts to assist a noncustodial or
9Sec. 6.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 10.1nonadjudicated parent with remedying any issues that may prevent the child from being
10.2placed with the noncustodial or nonadjudicated parent.
10.3 Sec. 7. [260.67] RELATIVE PLACEMENT.
10.4 Subdivision 1.Relative placement procedures and requirements.(a) If an African
10.5American or a disproportionately represented child's noncustodial or nonadjudicated parent
10.6is unwilling or unable to provide daily care for the child and the court has determined that
10.7the child physically remaining in the home with the child's parent or custodian would
10.8endanger the child's health, safety, or welfare, the child's parent, custodian, or the child,
10.9when appropriate, has the right to select one or more relatives who may be willing and able
10.10to temporarily care for the child. The responsible social services agency must place the child
10.11with a selected relative after assessing the relative's willingness and ability to provide daily
10.12care for the child.
10.13 (b) The responsible social services agency shall consider additional relatives for the
10.14child's placement if:
10.15 (1) the selected relative or relatives are unavailable, unwilling, or unable to provide daily
10.16care for the child; or
10.17 (2) conditions or circumstances exist that would disqualify the selected relative or
10.18relatives from being licensed family foster parents and the disqualifying conditions or
10.19circumstances would not be eligible for a variance from the commissioner. Relative
10.20placement consideration requirements in sections 260C.212, subdivision 2, paragraph (a),
10.21and 260C.221, subdivision 4, apply.
10.22 (c) The responsible social services agency must inform selected relatives and the child's
10.23parent or custodian of the difference between informal kinship care arrangements and
10.24court-ordered foster care. If a selected relative and the child's parent or custodian request
10.25an informal kinship care arrangement for a child's placement instead of court-ordered foster
10.26care and such an arrangement will maintain the child's safety and well-being, the responsible
10.27social services agency shall comply with the request and inform the court of the plan for
10.28the child. The court shall honor the request to forego a court-ordered foster care placement
10.29of the child in favor of an informal kinship care arrangement, unless the court determines
10.30that the request is not in the best interests of the African American or disproportionately
10.31represented child.
10.32 (d) The responsible social services agency must make active efforts to support a relative
10.33with whom a child is placed in completing the family foster care licensure process and
10Sec. 7.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 11.1addressing barriers, disqualifications, or other issues affecting the relative's licensure,
11.2including but not limited to assisting the relative with requesting reconsideration of a
11.3disqualification under section 245C.21.
11.4 (e) The decision by a relative to not be considered as an African American or a
11.5disproportionately represented child's foster care or temporary placement option shall not
11.6be a basis for the responsible social services agency or the court to rule out the relative for
11.7placement in the future or for denying the relative's request to be considered or selected as
11.8a foster care or permanent placement of the child.
11.9 Subd. 2.Authorization for nonrelative foster care or temporary placement.(a) An
11.10African American or a disproportionately represented child must be placed with a
11.11noncustodial or nonadjudicated parent under section 260.66 or with a relative pursuant to
11.12subdivision 1, unless the responsible social services agency establishes that there is reasonable
11.13cause to believe that:
11.14 (1) placement in nonrelative foster care is necessary to prevent imminent physical damage
11.15or harm to the child, including that which would result from sexual abuse or sexual
11.16exploitation, because no noncustodial or nonadjudicated parent or relative is capable of
11.17ensuring the child's basic safety; or
11.18 (2) placement with a noncustodial or nonadjudicated parent or relative would hinder
11.19efforts to reunify the child and the parent.
11.20 (b) If the court orders the placement of an African American or a disproportionately
11.21represented child in nonrelative foster care, the court order must state the reasons for
11.22placement in nonrelative foster care.
11.23 (c) Before authorizing nonrelative foster care or temporary placement for an African
11.24American or a disproportionately represented child under paragraph (a), the court must ask
11.25the petitioner and any other person present at the hearing whether any relatives are willing
11.26and able to care for the child, including:
11.27 (1) whether any relative is able to meet any special needs of the child;
11.28 (2) whether the relative is willing to facilitate the child's sibling and parent or custodian
11.29visitation if such visitation is ordered by the court; and
11.30 (3) whether the relative supports reunification of the parent or custodian and child once
11.31reunification can safely occur.
11.32 (d) If a relative has been determined to be willing and able to be a placement resource
11.33for the child, the following shall not prevent the child's placement with the relative:
11Sec. 7.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 12.1 (1) an incomplete background study, if the relative is otherwise willing and able to
12.2provide care and safety, provided that the background study must be completed as soon as
12.3possible after placement;
12.4 (2) the relative's uncertainty regarding potential adoption of the child;
12.5 (3) the relative's disbelief that the parent or custodian presents a danger to the child,
12.6provided that the relative will protect the safety of the child and comply with court orders
12.7regarding contact with a parent or custodian; or
12.8 (4) the conditions of the relative's home are not sufficient to satisfy the requirements for
12.9foster parent licensure. The court may order the responsible social services agency to provide
12.10active efforts under subdivision 1, paragraph (c).
12.11Sec. 8. [260.68] CHILD IN NEED OF PROTECTION OR SERVICES;
12.12OUT-OF-HOME PLACEMENT PROCEEDINGS.
12.13 Subdivision 1.Standard for ordering out-of-home placement.(a) A court shall not
12.14order a foster care or permanent out-of-home placement of an African American or a
12.15disproportionately represented child alleged to be in need of protection or services unless
12.16the court finds by clear and convincing evidence that the child would be at risk of serious
12.17physical harm if the child were to remain in the child's home.
12.18 (b) Before ordering a foster care placement or permanent out-of-home placement of an
12.19African American or a disproportionately represented child under paragraph (a), the court
12.20must:
12.21 (1) find that no alternative resources or arrangements are available to the family that
12.22would adequately safeguard the child without requiring out-of-home placement;
12.23 (2) evaluate the harm to the child that may result from foster care placement or permanent
12.24out-of-home placement by considering:
12.25 (i) the disruption to the child's schooling and social relationships that may result from
12.26placement out of the child's home or neighborhood;
12.27 (ii) detrimental long-term emotional and psychological impacts of disrupting the
12.28relationship between children and their parents; and
12.29 (iii) any measures that may be taken to alleviate such a disruption;
12.30 (3) determine whether a parent or custodian's noncompliance with any conditions or
12.31requirements of an out-of-home placement plan resulted from circumstances beyond the
12.32parent or custodian's control and if so, give due consideration to those circumstances;
12Sec. 8.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 13.1 (4) inquire into efforts that have been made to place the child with a relative, including
13.2asking a parent or custodian whether the responsible social services agency discussed with
13.3them the placement of the child with a relative;
13.4 (5) determine that the out-of-home placement proposed by the responsible services
13.5agency is the least disruptive and most family-like setting that meets the needs of the child;
13.6 (6) evaluate the services provided to the family to prevent or eliminate the need for
13.7removal of the child from the child's home. If the petition for a child in need of child
13.8protective services or other information before the court alleges that homelessness or the
13.9lack of suitable housing was a significant factor contributing to the removal of the child,
13.10the court shall inquire as to whether housing assistance was provided to the family to prevent
13.11or eliminate the need for the removal of the child or children; and
13.12 (7) determine whether it is in the best interests of the child to remain enrolled in the
13.13school, developmental program, or child care program where the child was enrolled prior
13.14to the removal and evaluate the efforts that have been made to maintain the child in the
13.15school or program if it is in the child's best interests.
13.16 Subd. 2.Active efforts.(a) At each hearing regarding an African American or a
13.17disproportionately represented child who is alleged or adjudicated to be in need of protection
13.18or services, the court shall review whether the responsible social services agency has provided
13.19active efforts to the child and the child's family and shall require the responsible social
13.20services agency to provide evidence and documentation that demonstrates that the agency
13.21is providing culturally informed, strength-based, community-involved, and community-based
13.22services to the child and the child's family.
13.23 (b) When determining whether the responsible social services agency has made active
13.24efforts to preserve the child's family, the court shall make findings regarding whether the
13.25responsible social services agency made appropriate and meaningful services available to
13.26the child's family based upon the family's specific needs. If a court determines that the
13.27responsible social services agency did not make active efforts to preserve the family as
13.28required by this section, the court shall order the responsible social services agency to
13.29immediately provide active efforts to the child and child's family to preserve the family.
13Sec. 8.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 14.1 Sec. 9. [260.69] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
14.2CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
14.3PROCEEDINGS.
14.4 Subdivision 1.Preference for transfer of permanent legal and physical custody.If
14.5an African American or a disproportionately represented child cannot be returned to the
14.6child's parent, the court shall consider the requirements of and responsibilities under section
14.7260.012, paragraph (a), and, if possible, transfer permanent legal and physical custody of
14.8the child to:
14.9 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
14.10return to the care of the parent or custodian from whom the child was removed or who had
14.11legal custody at the time that the child was placed in foster care; or
14.12 (2) a willing and able relative, according to the requirements of section 260C.515,
14.13subdivision 4, if the court determines that reunification with the child's family is not an
14.14appropriate permanency option for the child. Prior to the court ordering a transfer of
14.15permanent legal and physical custody to a relative who is not a parent, the responsible social
14.16services agency must inform the relative of Northstar kinship assistance benefits and
14.17eligibility requirements, and of the relative's ability to apply for benefits on behalf of the
14.18child under chapter 256N.
14.19 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
14.20the parental rights of a parent of an African American or a disproportionately represented
14.21child based solely on the parent's failure to complete case plan requirements.
14.22 (b) Except as provided in paragraph (c), a court shall not terminate the parental rights
14.23of a parent of an African American or a disproportionately represented child in a child
14.24placement proceeding unless the allegations against the parent involve sexual abuse;
14.25egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
14.26or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
14.27first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
14.28of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
14.29assault by strangulation under section 609.2247; felony domestic assault under section
14.30609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
14.31promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
14.32or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
14.33609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
14.34section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
14Sec. 9.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 15.1section 609.352; possession of pornographic work involving minors under section 617.247;
15.2malicious punishment or neglect or endangerment of a child under section 609.377 or
15.3609.378; use of a minor in sexual performance under section 617.246; or failing to protect
15.4a child from an overt act or condition that constitutes egregious harm.
15.5 (c) The court may terminate the parental rights of a parent of an African American or a
15.6disproportionately represented child under section 260C.301, subdivision 1, paragraph (b),
15.7clause (4) or (6), if a transfer of permanent legal and physical custody under subdivision 1
15.8is not possible because the child has no willing or able noncustodial parent or relative to
15.9whom custody can be transferred.
15.10 (d) Nothing in this subdivision precludes the court from terminating the parental rights
15.11of a parent of an African American or a disproportionately represented child if the parent
15.12desires to voluntarily terminate the parent's own parental rights for good cause under section
15.13260C.301, subdivision 1, paragraph (a).
15.14 Subd. 3.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
15.15rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
15.16child whose parental rights have been terminated may appeal the decision within 90 days
15.17of the service of notice by the court administrator of the filing of the court's order.
15.18Sec. 10. [260.694] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
15.19CASE REVIEW.
15.20 Subdivision 1.Responsible social services agency conduct.(a) A responsible social
15.21services agency employee who has duties related to child protection shall not knowingly:
15.22 (1) make untrue statements about any case involving a child alleged to be in need of
15.23protection or services;
15.24 (2) intentionally withhold any information that may be material to a case involving a
15.25child alleged to be in need of protection or services; or
15.26 (3) fabricate or falsify any documentation or evidence relating to a case involving a child
15.27alleged to be in need of protection or services.
15.28 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
15.29employment action.
15.30 Subd. 2.Commissioner notification.(a) When a responsible social services agency
15.31makes a maltreatment determination involving an African American or a disproportionately
15.32represented child or places an African American or a disproportionately represented child
15Sec. 10.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 16.1in a foster care placement, the agency shall, within seven days of making a maltreatment
16.2determination or initiating the child's foster care placement, notify the commissioner of the
16.3maltreatment determination or foster care placement and of the steps that the agency has
16.4taken to investigate and remedy the conditions that led to the maltreatment determination
16.5or foster care placement. Upon receiving this notice, the commissioner shall review the
16.6responsible social services agency's handling of the child's case to ensure that the case plan
16.7and services address the unique needs of the child and the child's family and that the agency
16.8is making active efforts to reunify and preserve the child's family. At all stages of a case
16.9involving an African American or a disproportionately represented child, the responsible
16.10social services agency shall, upon request, fully cooperate with the commissioner and the
16.11African American Child Well-Being Advisory Council, if applicable, and, as appropriate
16.12and as permitted under statute, provide access to all relevant case files.
16.13 (b) Following a responsible social services agency adoptive placement decision involving
16.14an African American or a disproportionately represented child under the guardianship of
16.15the commissioner, the responsible social services agency shall immediately notify the
16.16commissioner of the agency's decision and of the right of intervention. The commissioner
16.17has the right to intervene in cases where a determination of noncompliance with this act
16.18was made. The notice must include the identity of the child and the child's parents whose
16.19parental rights were terminated or who consented to the child's adoption. Upon receipt of
16.20the notice and prior to processing an adoption placement agreement, the commissioner shall
16.21review the case to ensure that the requirements of this act have been met. When the
16.22responsible social services agency has identified a nonrelative as an African American or
16.23a disproportionately represented child's adoptive placement, no preadoptive or adoptive
16.24placement proceeding may be held until at least 30 days after the commissioner receives
16.25the required notice and indicates an intent to exercise the commissioner's right of intervention,
16.26or until an adoption home study can be completed for a relative adoption, whichever occurs
16.27first. If the commissioner requests additional time to prepare for the proceeding, the district
16.28court must grant the commissioner up to 30 additional days to prepare for the proceeding.
16.29In cases in which a responsible social services agency or party to a preadoptive or adoptive
16.30placement knows or has reason to believe that a child is or may be African American or a
16.31disproportionately represented child, proof of service upon the commissioner must be filed
16.32with the adoption petition.
16.33 Subd. 3.Case review.(a) Each responsible social services agency shall conduct a review
16.34of all child protection cases handled by the agency every 24 months, after establishing a
16.352024 baseline. The responsible social services agency shall report the agency's findings to
16Sec. 10.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 17.1the county board, related child welfare committees, the African American Child Well-Being
17.2Advisory Council, the Children's Justice Initiative team, the commissioner, and community
17.3stakeholders within six months of gathering the relevant case data. When the case review
17.4consists of fewer than five cases, the responsible social services agency must only report
17.5the case data to the African American Child Well-Being Advisory Council. The case review
17.6must include:
17.7 (1) the number of African American and disproportionately represented children
17.8represented in the county child welfare system;
17.9 (2) the number and sources of maltreatment reports received and reports screened in for
17.10investigation or referred for family assessment and the race of the children and parents or
17.11custodians involved in each report;
17.12 (3) the number and race of children and parents or custodians who receive in-home
17.13preventive case management services;
17.14 (4) the number and race of children whose parents or custodians are referred to
17.15community-based, culturally appropriate, strength-based, or trauma-informed services;
17.16 (5) the number and race of children removed from their homes;
17.17 (6) the number and race of children reunified with their parents or custodians;
17.18 (7) the number and race of children whose parents or custodians are offered family group
17.19decision-making services;
17.20 (8) the number and race of children whose parents or custodians are offered the parent
17.21support outreach program;
17.22 (9) the number and race of children in foster care or out-of-home placement at the time
17.23that the data is gathered;
17.24 (10) the number and race of children who achieve permanency through a transfer of
17.25permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
17.26and
17.27 (11) the number and race of children who are under the guardianship of the commissioner
17.28or awaiting a permanency disposition.
17.29 (b) The required case review must also:
17.30 (1) identify barriers to reunifying children with their families;
17.31 (2) identify the family conditions that led to the out-of-home placement;
17Sec. 10.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 18.1 (3) identify any barriers to accessing culturally informed mental health or substance use
18.2disorder treatment services for the parents or children;
18.3 (4) document efforts to identify fathers and maternal and paternal relatives and to provide
18.4services to custodial and noncustodial fathers, if appropriate; and
18.5 (5) document and summarize court reviews of active efforts.
18.6 (c) Any responsible social services agency that has a case review showing
18.7disproportionality and disparities in child welfare outcomes for African American and other
18.8disproportionately represented children and families, compared to the agency's overall
18.9outcomes, must develop a remediation plan to be approved by the commissioner. The
18.10responsible social services agency must develop the plan within 30 days of finding the
18.11disproportionality or disparities and must make measurable improvements within 12 months
18.12of the date that the commissioner approves the remediation plan. A responsible social
18.13services agency may request assistance from the commissioner to develop a remediation
18.14plan. The remediation plan must include measurable outcomes to identify, address, and
18.15reduce the factors that led to the disproportionality and disparities in the agency's child
18.16welfare outcomes and include information about how the responsible social services agency
18.17will achieve and document trauma-informed, positive child well-being outcomes through
18.18remediation efforts.
18.19 Subd. 4.Noncompliance.Any responsible social services agency that fails to comply
18.20with this section is subject to corrective action and a fine determined by the commissioner.
18.21The commissioner shall use fines received under this subdivision to support compliance
18.22with this act but shall not use amounts received to supplant funding for existing services.
18.23Sec. 11. [260.695] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
18.24COUNCIL.
18.25 Subdivision 1.Duties.The African American Child Well-Being Advisory Council shall:
18.26 (1) review annual reports related to African American children in out-of-home placement;
18.27 (2) assist in and make recommendations to the commissioner for developing strategies
18.28to prevent out-of-home placement, promote culturally appropriate foster care and shelter
18.29or facility placement decisions and settings for African American children, and improve
18.30child welfare outcomes for African American children and families;
18.31 (3) review summary reports on case reviews prepared by the commissioner to ensure
18.32that responsible social services agencies meet the needs of African American families. The
18.33council may review individual case information with identifying information redacted to
18Sec. 11.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 19.1provide context and oversight and to address disparities in the treatment of African American
19.2children and families as compared to other children and families involved in the child welfare
19.3system;
19.4 (4) assist the Cultural and Ethnic Communities Leadership Council with making
19.5recommendations to the commissioner and the legislature for public policy and statutory
19.6changes that specifically consider the needs of African American children and families
19.7involved in the child welfare system;
19.8 (5) advise the commissioner and responsible social services agencies on stakeholder
19.9engagement and actions that the commissioner and agencies may take to improve child
19.10welfare outcomes for African American children and families;
19.11 (6) assist the commissioner with developing strategies for public messaging and
19.12communication related to racial disparities in child welfare outcomes for African American
19.13children and families;
19.14 (7) assist the commissioner with identifying and developing internal and external
19.15partnerships to support adequate access to services and resources for African American
19.16children and families, including but not limited to housing assistance, employment assistance,
19.17food and nutrition support, health care, child care assistance, and educational support and
19.18training; and
19.19 (8) identify barriers to the development of a racially and ethnically diverse child welfare
19.20workforce in Minnesota that includes professionals who have been directly impacted by
19.21experiences within the child welfare system and explore strategies and partnerships to
19.22address education and training needs and hiring and recruitment practices.
19.23 Subd. 2.Case review.(a) The council may initiate a secondary case review of an African
19.24American child's case upon the request of a child's parent or custodian or the child if the
19.25council determines that a secondary case review is appropriate after reviewing the
19.26commissioner's summary report and conclusions from the initial case review. The purpose
19.27of a secondary case review under this subdivision is to provide recommendations to the
19.28commissioner and the responsible social services agency to improve the child welfare system
19.29and provide better outcomes for the child and the child's family.
19.30 (b) Upon the request of the parent, custodian, or child, members of the African American
19.31Child Well-Being Advisory Council shall have access to the following data, as permitted
19.32under applicable statutes, for a child's case review under this subdivision:
19.33 (1) law enforcement investigative data;
19Sec. 11.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 20.1 (2) autopsy records and coroner or medical examiner investigative data;
20.2 (3) hospital, public health, and other medical records of the child;
20.3 (4) hospital and other medical records of the child's parent that relate to prenatal care;
20.4 (5) records of any responsible social services agency that provided services to the child
20.5or family; and
20.6 (6) a responsible social services agency's personnel data regarding any agency employees
20.7who provided services to the child or child's family members.
20.8A state agency, statewide system, or political subdivision shall provide the data in paragraph
20.9(b) to the African American Child Well-Being Advisory Council and the council's members
20.10upon request of the commissioner. Not public data may be shared with members of the
20.11council in connection with an individual case.
20.12 (c) Not public data acquired by the African American Child Well-Being Advisory Council
20.13in the exercise of its duties retains its original classification. The commissioner may not
20.14disclose data on individuals that were classified as confidential or private data on individuals
20.15in possession of the state agency, statewide system, or political subdivision from which the
20.16data were received, except that the commissioner may disclose responsible social services
20.17agency data as provided in section 260E.35, subdivision 7, on individual cases involving a
20.18fatality or near fatality of a person served by the responsible social services agency prior to
20.19the date of the death or incident.
20.20 (d) The proceedings and records of the council that pertain to the case review of an
20.21individual child are private data or confidential data to the extent that they contain data on
20.22an active investigation. Information, documents, and records otherwise available from other
20.23sources are not immune from discovery or use in a civil or criminal action solely because
20.24the information, documents, and records were presented during proceedings of the council.
20.25A person who presented information before the council or who is a member of the council
20.26is not prevented from testifying about matters within the person's knowledge.
20.27 Subd. 3.Annual report.By January 1 of each year, beginning January 1, 2026, the
20.28council shall report to the chairs and ranking minority members of the legislative committees
20.29with jurisdiction over child protection on the council's activities under this section and other
20.30issues of the council's choosing. The report may include recommendations for statutory
20.31changes to improve the child protection system and child welfare outcomes for African
20.32American children and families.
20Sec. 11.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 21.1 Sec. 12. [260.696] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
21.2 Subdivision 1.Duties.The African American Child Well-Being Unit, established by
21.3the commissioner, shall perform the following functions:
21.4 (1) assist with the development of African American cultural competency training and
21.5review child welfare curriculum in the Minnesota Child Welfare Training Academy to
21.6ensure that responsible social services agency staff and other child welfare professionals
21.7are appropriately prepared to engage with African American families and to support family
21.8preservation and reunification;
21.9 (2) provide technical assistance, including on-site technical assistance, and case
21.10consultation to responsible social services agencies to assist agencies with implementing
21.11and complying with this act;
21.12 (3) monitor the number and placement settings of African American children in
21.13out-of-home placement statewide to identify trends and develop strategies to address
21.14disproportionality in the child welfare system at the state and county levels;
21.15 (4) develop and implement a system for conducting case reviews when the commissioner
21.16receives reports of noncompliance with this act or when requested by the parent or custodian
21.17of an African American child. Case reviews may include but are not limited to a review of
21.18placement prevention efforts, safety planning, case planning and service provision by the
21.19responsible social services agency, relative placement consideration, and permanency
21.20planning;
21.21 (5) establish and administer a request for proposals process for African American and
21.22disproportionately represented family preservation grants under section 260.697, monitor
21.23grant activities, and provide technical assistance to grantees;
21.24 (6) coordinate services and create internal and external partnerships to support adequate
21.25access to services and resources for African American children and families, including but
21.26not limited to housing assistance, employment assistance, food and nutrition support, health
21.27care, child care assistance, and educational support and training, in consultation with the
21.28African American Child Well-Being Advisory Council; and
21.29 (7) develop public messaging and communication to inform the general public in
21.30Minnesota about racial disparities in child welfare outcomes, current efforts and strategies
21.31to reduce racial disparities, and resources available to African American children and families
21.32involved in the child welfare system.
21Sec. 12.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 22.1 Subd. 2.Reports.The African American Child Well-Being Unit shall provide regular
22.2updates on unit activities, including summary reports of case reviews, to the African
22.3American Child Well-Being Advisory Council and shall publish an annual census of African
22.4American children in out-of-home placements statewide. The annual census shall include
22.5data on the types of placements, age and sex of the children, how long the children have
22.6been in out-of-home placements, and other relevant demographic information.
22.7 Sec. 13. [260.697] AFRICAN AMERICAN AND DISPROPORTIONATELY
22.8REPRESENTED FAMILY PRESERVATION GRANTS.
22.9 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
22.10to organizations, service providers, and programs owned and led by African Americans and
22.11other individuals from communities disproportionately represented in the child welfare
22.12system to provide services and support for African American and disproportionately
22.13represented children and families involved in Minnesota's child welfare system, including
22.14supporting existing eligible services and facilitating the development of new services and
22.15providers, to create a more expansive network of service providers available for African
22.16American and disproportionately represented children and families.
22.17 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
22.18are not limited to:
22.19 (1) child out-of-home placement prevention and reunification services;
22.20 (2) family-based services and reunification therapy;
22.21 (3) culturally specific individual and family counseling;
22.22 (4) court advocacy;
22.23 (5) training of and consultation with responsible social services agencies and private
22.24social services agencies regarding this act;
22.25 (6) services to support informal kinship care arrangements; and
22.26 (7) other activities and services approved by the commissioner that further the goals of
22.27the Minnesota African American Family Preservation and Child Welfare Disproportionality
22.28Act, including but not limited to the recruitment of African American staff and staff from
22.29other communities disproportionately represented in the child welfare system to work for
22.30responsible social services agencies and licensed child-placing agencies.
22.31 (b) The commissioner may specify the priority of an activity and service based on its
22.32success in furthering these goals. The commissioner shall give preference to programs and
22Sec. 13.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 23.1service providers that are located in or serve counties with the highest rates of child welfare
23.2disproportionality for African American and other disproportionately represented children
23.3and families, and employ staff who represent the population primarily served.
23.4 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
23.5existing services or for the following purposes:
23.6 (1) child day care that is necessary solely because of the employment or training for
23.7employment of a parent or another relative with whom the child is living;
23.8 (2) foster care maintenance or difficulty of care payments;
23.9 (3) residential treatment facility payments;
23.10 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
23.11or 256N;
23.12 (5) public assistance payments for Minnesota family investment program assistance,
23.13supplemental aid, medical assistance, general assistance, general assistance medical care,
23.14or community health services; or
23.15 (6) administrative costs for income maintenance staff.
23.16 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
23.17under subdivisions 1, 2, and 3, and specify the information and criteria required.
23.18Sec. 14. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
23.19 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
23.20under a previous order of the court, an African American or a disproportionately represented
23.21child who is ten years of age or older, the responsible social services agency, or a guardian
23.22ad litem may file a petition for the reestablishment of the legal parent and child relationship.
23.23A parent filing a petition under this section shall pay a filing fee in the amount required
23.24under section 357.021, subdivision 2, clause (1). The filing fee may be waived pursuant to
23.25chapter 563 in cases of indigency. A petition for the reestablishment of the legal parent and
23.26child relationship may be filed when:
23.27 (1) in cases where the county attorney is the petitioning party, both the responsible social
23.28services agency and the county attorney agree that reestablishment of the legal parent and
23.29child relationship is in the child's best interests;
23.30 (2) (1) the parent has corrected the conditions that led to an order terminating parental
23.31rights;
23Sec. 14.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 24.1 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain
24.2the health, safety, and welfare of the child;
24.3 (4) (3) the child has been in foster care for at least 48 24 months after the court issued
24.4the order terminating parental rights;
24.5 (5) (4) the child has not been adopted; and
24.6 (6) (5) the child is not the subject of a written adoption placement agreement between
24.7the responsible social services agency and the prospective adoptive parent, as required under
24.8Minnesota Rules, part 9560.0060, subpart 2.
24.9 Sec. 15. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
24.10 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
24.11legal parent and child relationship only if it finds by clear and convincing evidence that:
24.12 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
24.13 (2) the child has not been adopted;
24.14 (3) the child is not the subject of a written adoption placement agreement between the
24.15responsible social services agency and the prospective adoptive parent, as required under
24.16Minnesota Rules, part 9560.0060, subpart 2;
24.17 (4) at least 48 months have elapsed following a final order terminating parental rights
24.18and the child remains in foster care;
24.19 (5) (4) the child desires to reside with the parent;
24.20 (6) (5) the parent has corrected the conditions that led to an order terminating parental
24.21rights; and
24.22 (7) (6) the parent is willing and has the capability to provide day-to-day care and maintain
24.23the health, safety, and welfare of the child.
24.24Sec. 16. CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS WORKING
24.25WITH AFRICAN AMERICAN AND DISPROPORTIONATELY REPRESENTED
24.26FAMILIES AND CHILDREN IN THE CHILD WELFARE SYSTEM.
24.27 Subdivision 1.Applicability.The commissioner of human services shall collaborate
24.28with the Children's Justice Initiative to ensure that cultural competency training is given to
24.29individuals working in the child welfare system, including child welfare workers, supervisors,
24.30attorneys, juvenile court judges, and family law judges.
24Sec. 16.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 25.1 Subd. 2.Training.(a) The commissioner shall consult with the African American Child
25.2Well-Being Advisory Council to develop training content and establish the frequency of
25.3trainings.
25.4 (b) The cultural competency training under this section is required prior to or within six
25.5months of beginning work with any African American or disproportionately represented
25.6child and family. A responsible social services agency staff person who is unable to complete
25.7the cultural competency training prior to working with African American or
25.8disproportionately represented children and families must work with a qualified staff person
25.9within the agency who has completed cultural competency training until the person is able
25.10to complete the required training. The training must be available by January 1, 2025, and
25.11must:
25.12 (1) be provided by an individual or organization that serves African American and
25.13disproportionately represented communities or has experience and knowledge about African
25.14American and disproportionately represented communities' social and cultural norms and
25.15historical trauma;
25.16 (2) raise awareness and increase a person's competency to value diversity, conduct a
25.17self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
25.18to diversity and the cultural contexts of communities served;
25.19 (3) include instruction on effectively developing a safety plan and instruction on engaging
25.20a safety network; and
25.21 (4) be accessible and comprehensive and include the ability to ask questions.
25.22 (c) The training may be provided in a series of segments, either in person or online.
25.23 Subd. 3.Update.The commissioner, in coordination with the African American Child
25.24Well-Being Advisory Council, shall provide an update to the legislative committees with
25.25jurisdiction over child protection issues by January 1, 2025, on the rollout of the training
25.26under subdivision 1 and the content and accessibility of the training under subdivision 2.
25.27Sec. 17. DISAGGREGATE DATA.
25.28 The commissioner of human services shall work with the African American Child
25.29Well-Being Advisory Council to establish a method to disaggregate data related to African
25.30American and other child welfare disproportionality and begin disaggregating data by
25.31January 1, 2025.
25Sec. 17.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 26.1 Sec. 18. ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN AND
26.2DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
26.3PLACEMENT.
26.4 A responsible social services agency must engage in best practices related to visitation
26.5when an African American or a disproportionately represented child is in out-of-home
26.6placement. When the child is in out-of-home placement, the responsible social services
26.7agency shall make active efforts to facilitate regular and frequent visitation between the
26.8child and the child's parents or custodians, the child's siblings, and the child's relatives. If
26.9visitation is infrequent between the child and the child's parents, custodians, siblings, or
26.10relatives, the responsible social services agency shall make active efforts to increase the
26.11frequency of visitation and address any barriers to visitation.
26.12Sec. 19. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
26.13 The commissioner of human services shall develop, maintain, and administer a publicly
26.14accessible online compliance and feedback portal to receive reports of noncompliance with
26.15the Layla Jackson Law under Minnesota Statutes, sections 260.61 to 260.697, and other
26.16statutes related to child maltreatment, safety, and placement. Reports received through the
26.17portal must be transferred for review and further action to the appropriate unit or department
26.18within the Department of Human Services.
26.19Sec. 20. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
26.20IN FOSTER CARE BEST PRACTICES.
26.21 The commissioner of human services shall develop and publish guidance on best practices
26.22for ensuring that African American and disproportionately represented children in foster
26.23care maintain connections and relationships with their parents, custodians, and extended
26.24relative and kin network. The commissioner shall also develop and publish best practice
26.25guidance on engaging and assessing noncustodial and nonadjudicated parents to care for
26.26their African American or disproportionately represented children who cannot remain with
26.27the children's custodial parents.
26.28Sec. 21. SEVERABILITY.
26.29 The provisions in this act are severable. If any part or provision of the sections of this
26.30act, or the application of any section to any person, entity, or circumstance, is held invalid
26.31or unconstitutional, the remainder, including the application of the part or provision to other
26Sec. 21.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 27.1persons, entities, or circumstances, shall not be affected by the holding and shall continue
27.2to have force and effect.
27.3 Sec. 22. APPROPRIATIONS.
27.4 (a) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
27.5of human services for the administration of the Layla Jackson Law under Minnesota Statutes,
27.6sections 260.61 to 260.697. This is an ongoing appropriation.
27.7 (b) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
27.8of human services for the development, maintenance, and administration of the child welfare
27.9compliance and feedback portal. This is an ongoing appropriation.
27Sec. 22.
REVISOR BD H0912-2HF912 SECOND ENGROSSMENT