Minnesota 2023-2024 Regular Session

Minnesota House Bill HF912 Compare Versions

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1	1		1.1 A bill for an act
2		-	1.2 relating to human services; establishing the ~~Minnesota African American Family~~
3		-	1.3 ~~Preservation and~~ Child ~~Welfare Disproportionality Act; modifying child welfare~~
4		-	1.4 ~~provisions~~; ~~establishing the African American Child Well-Being~~ ~~Advisory Council;~~
5		-	1.5 ~~requiring reports; appropriating money; amending Minnesota Statutes~~ 2022, section
6		-	1.6 ~~260C.329, subdivisions 3, 8; proposing coding for new law in~~ Minnesota Statutes,
7		-	1.~~7 chapter 260.~~
8		-	1.~~8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:~~
9		-	1.9 ~~Section 1. [~~260.61~~] CITATION~~.
10		-	1.10 ~~Sections~~ 260.~~61 to 260~~.~~693 may be cited as the "Minnesota African American Family~~
11		-	1.~~11Preservation and Child Welfare Disproportionality Act."~~
12		-	1.12 ~~EFFECTIVE DATE.This section is effective July 1,~~ ~~2027, except as provided under~~
13		-	1.~~13section 20.~~
14		-	1.14 ~~Sec. 2.~~ ~~[260.62] PURPOSES.~~
15		-	1.~~15 (a)~~ The ~~purposes of the Minnesota African American Family Preservation and Child~~
16		-	1.~~16Welfare Disproportionality Act are to:~~
17		-	1.~~17 (1) protect the best interests of African American~~ and ~~disproportionately represented~~
18		-	1.~~18children;~~
19		-	1.~~19 (2) promote the stability and security of African American and~~ disproportionately
20		-	1.~~20represented children and their families by establishing minimum standards~~ to ~~prevent~~ the
21		-	1.~~21arbitrary and unnecessary removal~~ of ~~African American and disproportionately represented~~
22		-	1.~~22children from their families;~~ ~~and~~
	2	+	1.2 relating to human services; establishing the Layla Jackson Law; modifying child
	3	+	1.3 welfare provisions; establishing the African American Child Well-Being Advisory
	4	+	1.4 Council; requiring reports; appropriating money; amending Minnesota Statutes
	5	+	1.5 2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in
	6	+	1.6 Minnesota Statutes, chapter 260.
	7	+	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
	8	+	1.8 Section 1. [260.61] CITATION.
	9	+	1.9 Sections 260.61 to 260.697 may be cited as the "Layla Jackson Law."
	10	+	1.10 Sec. 2. [260.62] PURPOSES.
	11	+	1.11 (a) The purposes of the Layla Jackson Law are to:
	12	+	1.12 (1) protect the best interests of African American and disproportionately represented
	13	+	1.13children;
	14	+	1.14 (2) promote the stability and security of African American and disproportionately
	15	+	1.15represented children and families by establishing minimum standards to prevent the arbitrary
	16	+	1.16and unnecessary removal of African American and disproportionately represented children
	17	+	1.17from their families; and
	18	+	1.18 (3) improve permanency outcomes, including family reunification, for African American
	19	+	1.19and disproportionately represented children.
	20	+	1.20 (b) Nothing in this legislation is intended to interfere with the protections of the Indian
	21	+	1.21Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the
	22	+	1.22Minnesota American Indian Family Preservation Act, sections 260.751 to 260.835.
23	23		1Sec. 2.
24		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT
25		-	414
26		-	Printed
27		-	Page No.State of Minnesota
	24	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT
	25	+	State of Minnesota
28	26		This Document can be made available
29	27		in alternative formats upon request
30	28		HOUSE OF REPRESENTATIVES
31	29		H. F. No. 912
32	30		NINETY-THIRD SESSION
33	31		Authored by Agbaje, Richardson, Clardy, Noor, Hussein and others01/26/2023
34	32		The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy
35	33		Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law04/02/2024
36	34		Adoption of Report: Amended and re-referred to the Committee on Ways and Means04/11/2024
37		-	Pursuant to Joint Rule 2.03, re-referred to the Committee on Rules and Legislative Administration
38		-	Adoption of Report: Re-referred to the Committee on Ways and Means04/15/2024
39		-	Joint Rule 2.03 has been waived for any subsequent committee action on this bill
40		-	Adoption of Report: Placed on the General Register as Amended05/07/2024
41		-	Read for the Second Time 2.1 (3) improve permanency outcomes, including family reunification, for African American
42		-	2.2and disproportionately represented children.
43		-	2.3 (b) Nothing in this legislation is intended to interfere with the protections of the Indian
44		-	2.4Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the
45		-	2.5Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
46		-	2.6 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
47		-	2.7section 20.
48		-	2.8 Sec. 3. [260.63] DEFINITIONS.
49		-	2.9 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.693.
50		-	2.10 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
51		-	2.11that the responsible social services agency must continuously make throughout the time
52		-	2.12that the responsible social services agency is involved with an African American or a
53		-	2.13disproportionately represented child and the child's family. To provide active efforts to
54		-	2.14preserve an African American or a disproportionately represented child's family, the
55		-	2.15responsible social services agency must continuously involve an African American or a
56		-	2.16disproportionately represented child's family in all services for the family, including case
57		-	2.17planning and choosing services and providers, and inform the family of the ability to file a
58		-	2.18report of noncompliance with this act with the commissioner through the child welfare
59		-	2.19compliance and feedback portal. When providing active efforts, a responsible social services
60		-	2.20agency must consider an African American or a disproportionately represented child's
61		-	2.21family's social and cultural values at all times while providing services to the African
62		-	2.22American or disproportionately represented child and the child's family. Active efforts
63		-	2.23includes continuous efforts to preserve an African American or a disproportionately
64		-	2.24represented child's family and to prevent the out-of-home placement of an African American
65		-	2.25or a disproportionately represented child. If an African American or a disproportionately
66		-	2.26represented child enters out-of-home placement, the responsible social services agency must
67		-	2.27make active efforts to reunify the African American or disproportionately represented child
68		-	2.28with the child's family as soon as possible. Active efforts sets a higher standard for the
69		-	2.29responsible social services agency than reasonable efforts to preserve the child's family,
70		-	2.30prevent the child's out-of-home placement, and reunify the child with the child's family.
71		-	2.31Active efforts includes the provision of reasonable efforts as required by Title IV-E of the
72		-	2.32Social Security Act, United States Code, title 42, sections 670 to 679c.
73		-	2.33 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
74		-	2.34of an African American or a disproportionately represented child made by the responsible
	35	+	Pursuant to Joint Rule 2.03, re-referred to the Committee on Rules and Legislative Administration 2.1 Sec. 3. [260.63] DEFINITIONS.
	36	+	2.2 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.697.
	37	+	2.3 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
	38	+	2.4that the responsible social services agency must continuously make throughout the time
	39	+	2.5that the responsible social services agency is involved with an African American or a
	40	+	2.6disproportionately represented child and the child's family. To provide active efforts to
	41	+	2.7preserve an African American or a disproportionately represented child's family, the
	42	+	2.8responsible social services agency must continuously involve an African American or a
	43	+	2.9disproportionately represented child's family in all services for the family, including case
	44	+	2.10planning and choosing services and providers, and inform the family of the ability to request
	45	+	2.11a case review by the commissioner under section 260.694. When providing active efforts,
	46	+	2.12a responsible social services agency must consider an African American or a
	47	+	2.13disproportionately represented family's social and cultural values at all times while providing
	48	+	2.14services to the African American or disproportionately represented child and the child's
	49	+	2.15family. Active efforts sets a higher standard for the responsible social services agency than
	50	+	2.16reasonable efforts. Active efforts includes continuous efforts to preserve an African American
	51	+	2.17or a disproportionately represented child's family, prevent the out-of-home placement of an
	52	+	2.18African American or a disproportionately represented child, and reunify the African American
	53	+	2.19or disproportionately represented child with the child's family as soon as possible. Active
	54	+	2.20efforts includes the provision of reasonable efforts as required by Title IV-E of the Social
	55	+	2.21Security Act, United States Code, title 42, sections 670 to 679c.
	56	+	2.22 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
	57	+	2.23of an African American or a disproportionately represented child made by the responsible
	58	+	2.24social services agency upon a fully executed adoption placement agreement, including the
	59	+	2.25signatures of the adopting parent, the responsible social services agency, and the
	60	+	2.26commissioner of human services according to section 260C.613, subdivision 1.
	61	+	2.27 Subd. 4.African American child."African American child" means a child having
	62	+	2.28origins in Africa, including a child of two or more races who has at least one parent with
	63	+	2.29origins in Africa.
	64	+	2.30 Subd. 5.Best interests of the African American or disproportionately represented
	65	+	2.31child.The "best interests of the African American or disproportionately represented child"
	66	+	2.32means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
	67	+	2.33the African American or disproportionately represented child's family, community, and
	68	+	2.34cultural norms and allows the child to remain safely at home with the child's family. The
75	69		2Sec. 3.
76		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 3.1social services agency upon a fully executed adoption placement agreement, including the
77		-	3.2signatures of the adopting parent, the responsible social services agency, and the
78		-	3.3commissioner of human services according to section 260C.613, subdivision 1.
79		-	3.4 Subd. 4.African American child."African American child" means a child having
80		-	3.5origins in Africa, including a child of two or more races who has at least one parent with
81		-	3.6origins in Africa. Whether a child or parent has origins in Africa is based upon
82		-	3.7self-identification or identification of the child's origins by the parent or guardian.
83		-	3.8 Subd. 5.Best interests of the African American or disproportionately represented
84		-	3.9child.The "best interests of the African American or disproportionately represented child"
85		-	3.10means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
86		-	3.11the African American or disproportionately represented child's community and cultural
87		-	3.12norms and allows the child to remain safely at home with the child's family. The best interests
88		-	3.13of the African American or disproportionately represented child support the child's sense
89		-	3.14of belonging to the child's family, extended family, kin, and cultural community.
90		-	3.15 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
91		-	3.16judicial proceeding that could result in:
92		-	3.17 (1) an adoptive placement;
93		-	3.18 (2) a foster care placement;
94		-	3.19 (3) a preadoptive placement; or
95		-	3.20 (4) a termination of parental rights.
96		-	3.21 (b) Judicial proceedings under this subdivision include a child's placement based upon
97		-	3.22a child's juvenile status offense but do not include a child's placement based upon:
98		-	3.23 (1) an act which if committed by an adult would be deemed a crime; or
99		-	3.24 (2) an award of child custody in a divorce proceeding to one of the child's parents.
100		-	3.25 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
101		-	3.26or the commissioner's designee.
102		-	3.27 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
103		-	3.28provide care and support for an African American or a disproportionately represented child,
104		-	3.29or who is in fact providing daily care and support for an African American or a
105		-	3.30disproportionately represented child. This subdivision does not impose a legal obligation
106		-	3.31upon a person who is not otherwise legally obligated to provide a child with necessary food,
107		-	3.32clothing, shelter, education, or medical care.
	70	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 3.1best interests of the African American or disproportionately represented child support the
	71	+	3.2child's sense of belonging to the child's family, extended family, kin, and cultural community.
	72	+	3.3 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
	73	+	3.4judicial proceeding that could result in:
	74	+	3.5 (1) an adoptive placement;
	75	+	3.6 (2) a foster care placement;
	76	+	3.7 (3) a preadoptive placement; or
	77	+	3.8 (4) a termination of parental rights.
	78	+	3.9 (b) Judicial proceedings under this subdivision include a child's placement based upon
	79	+	3.10a child's juvenile status offense, but do not include a child's placement based upon:
	80	+	3.11 (1) an act which if committed by an adult would be deemed a crime; or
	81	+	3.12 (2) an award of child custody in a divorce proceeding to one of the child's parents.
	82	+	3.13 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
	83	+	3.14or the commissioner's designee.
	84	+	3.15 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
	85	+	3.16provide care and support for an African American or a disproportionately represented child,
	86	+	3.17or who is in fact providing daily care and support for an African American or a
	87	+	3.18disproportionately represented child. This subdivision does not impose a legal obligation
	88	+	3.19upon a person who is not otherwise legally obligated to provide a child with necessary food,
	89	+	3.20clothing, shelter, education, or medical care.
	90	+	3.21 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
	91	+	3.22African American children and other disproportionately represented children in the state's
	92	+	3.23child welfare system population as compared to the representation of those children in the
	93	+	3.24state's total child population.
	94	+	3.25 Subd. 10.Disproportionately represented child."Disproportionately represented child"
	95	+	3.26means a child whose race, culture, ethnicity, disability status, or low-income socioeconomic
	96	+	3.27status is disproportionately encountered, engaged, or identified in the child welfare system
	97	+	3.28as compared to the representation in the state's total child population. Disproportionately
	98	+	3.29represented child includes members of unique cultural groups belonging to larger ethnic or
	99	+	3.30cultural categories used in federal, state, or local demographic data when the members are
	100	+	3.31known to be disproportionately affected.
108	101		3Sec. 3.
109		-	REVISOR BD H0912-3HF912 ~~THIRD~~ ENGROSSMENT 4.1 Subd. 9.~~Disproportionality~~."~~Disproportionality~~" ~~means~~ the ~~overrepresentation of~~
110		-	4.~~2African American children and other disproportionately represented children in Minnesota's~~
111		-	4.~~3child welfare system population as compared to~~ the ~~representation of those children in~~
112		-	4.~~4Minnesota's total~~ child ~~population.~~
113		-	4.~~5 Subd.~~ ~~10.Disproportionately represented~~ child~~."Disproportionately represented~~ child"
114		-	4.~~6means~~ a ~~child whose race, culture, ethnicity, disability status~~, or ~~low-income socioeconomic~~
115		-	4.~~7status is disproportionately encountered, engaged, or identified in~~ the child ~~welfare system~~
116		-	4.~~8as compared to the representation~~ in ~~the state's total child population. Disproportionately~~
117		-	4.~~9represented~~ child ~~includes members~~ of ~~unique cultural groups belonging to larger ethnic or~~
118		-	4.~~10cultural categories used in federal~~, ~~state, or local demographic data when the members are~~
119		-	4.~~11known to be disproportionately affected~~.
120		-	4.~~12 Subd.~~ ~~11.Egregious harm."Egregious harm"~~ ~~has the meaning given in section 260E.03,~~
121		-	4.~~13subdivision 5~~.
122		-	4.~~14 Subd.~~ ~~12.Foster care placement."Foster care placement"~~ ~~means~~ the ~~court-ordered~~
123		-	4.~~15removal~~ of ~~an African American~~ or ~~a disproportionately represented child from the child's~~
124		-	4.~~16home with the child's parent or legal custodian and the temporary placement~~ of the ~~child in~~
125		-	4.~~17a foster home~~, ~~in shelter care~~ or ~~a facility, or in the home~~ of ~~a guardian, when~~ the parent or
126		-	4.~~18legal custodian cannot have the child returned upon demand,~~ ~~but the parent's parental rights~~
127		-	4.~~19have not been terminated~~. ~~A foster care placement includes a placement in foster care~~
128		-	4.~~20following an order placing~~ the ~~child under the guardianship of the commissioner~~, ~~pursuant~~
129		-	4.~~21to section 260C~~.~~325, prior to~~ an ~~adoption being finalized.~~
130		-	4.~~22 Subd.~~ ~~13.Imminent physical damage~~ or ~~harm."Imminent physical damage or harm"~~
131		-	4.~~23means that~~ a child ~~is threatened with immediate and present conditions that are~~
132		-	4.~~24life-threatening or likely~~ to ~~result~~ in ~~abandonment, sexual abuse,~~ ~~or serious physical injury.~~
133		-	4.~~25The existence of community~~ or ~~family poverty,~~ ~~isolation, single parenthood,~~ ~~age of the~~
134		-	4.~~26parent, crowded or inadequate housing,~~ ~~substance use,~~ ~~prenatal drug or alcohol exposure,~~
135		-	4.~~27mental illness, disability or special needs~~ of ~~the parent or~~ child~~, or nonconforming social~~
136		-	4.~~28behavior does not by itself constitute imminent physical damage or harm.~~
137		-	4.~~29 Subd. 14.Responsible social services~~ agency~~."Responsible social services agency"~~
138		-	4.~~30has~~ the ~~meaning given in section 260C.007, subdivision 27a.~~
139		-	4.~~31 Subd. 15.Parent."Parent" means~~ the ~~biological parent~~ of an ~~African American or a~~
140		-	4.~~32disproportionately represented child or any person who~~ has ~~legally adopted an African~~
141		-	4.~~33American or a disproportionately represented child~~. ~~Parent includes an unmarried father~~
142		-	4.~~34whose paternity has been acknowledged~~ or ~~established and a putative father. Paternity has~~
	102	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 4.1 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
	103	+	4.2subdivision 5.
	104	+	4.3 Subd. 12.Foster care placement."Foster care placement" means the court-ordered
	105	+	4.4removal of an African American or a disproportionately represented child from the child's
	106	+	4.5home with the child's parent or legal custodian and the temporary placement of the child in
	107	+	4.6a foster home, in shelter care or a facility, or in the home of a guardian, when the parent or
	108	+	4.7legal custodian cannot have the child returned upon demand, but the parent's parental rights
	109	+	4.8have not been terminated. A foster care placement includes a placement in foster care
	110	+	4.9following an order placing the child under the guardianship of the commissioner, pursuant
	111	+	4.10to section 260C.325, prior to an adoption being finalized.
	112	+	4.11 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm"
	113	+	4.12means that a child is threatened with immediate and present conditions that are
	114	+	4.13life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
	115	+	4.14The immediate and present conditions must have a direct causal relationship with the physical
	116	+	4.15harm threatened. The existence of community or family poverty, isolation, single parenthood,
	117	+	4.16age of the parent, crowded or inadequate housing, substance use, prenatal drug or alcohol
	118	+	4.17exposure, mental illness, disability or special needs of the parent or child, or nonconforming
	119	+	4.18social behavior does not by itself constitute imminent physical damage or harm.
	120	+	4.19 Subd. 14.Responsible social services agency."Responsible social services agency"
	121	+	4.20has the meaning given in section 260C.007, subdivision 27a.
	122	+	4.21 Subd. 15.Parent."Parent" means the biological parent of an African American or a
	123	+	4.22disproportionately represented child or any person who has legally adopted an African
	124	+	4.23American or a disproportionately represented child who, prior to the adoption, was considered
	125	+	4.24a relative to the child, as defined in subdivision 17. Parent includes an unmarried father
	126	+	4.25whose paternity has been acknowledged or established and a putative father. Paternity has
	127	+	4.26been acknowledged when an unmarried father takes any action to hold himself out as the
	128	+	4.27biological father of a child.
	129	+	4.28 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
	130	+	4.29services agency's placement of an African American or a disproportionately represented
	131	+	4.30child with the child's family or kin when the child is under the guardianship of the
	132	+	4.31commissioner, for the purpose of adoption, but an adoptive placement agreement for the
	133	+	4.32child has not been fully executed.
	134	+	4.33 Subd. 17.Relative."Relative" means:
	135	+	4.34 (1) an individual related to the child by blood, marriage, or adoption;
143	136		4Sec. 3.
144		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 5.1been acknowledged when an unmarried father takes any action to hold himself out as the
145		-	5.2biological father of a child.
146		-	5.3 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
147		-	5.4services agency's placement of an African American or a disproportionately represented
148		-	5.5child when the child is under the guardianship of the commissioner for the purpose of
149		-	5.6adoption but an adoptive placement agreement for the child has not been fully executed.
150		-	5.7 Subd. 17.Relative."Relative" has the meaning given in section 260C.007, subdivision
151		-	5.827.
152		-	5.9 Subd. 18.Safety network."Safety network" means a group of individuals identified by
153		-	5.10the parent and child, when appropriate, that is accountable for developing, implementing,
154		-	5.11sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
155		-	5.12child.
156		-	5.13 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
157		-	5.14subdivision 20.
158		-	5.15 Subd. 20.Termination of parental rights."Termination of parental rights" means an
159		-	5.16action resulting in the termination of the parent-child relationship under section 260C.301.
160		-	5.17 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
161		-	5.18section 20.
162		-	5.19 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
163		-	5.20PROMOTE FAMILY REUNIFICATION.
164		-	5.21 Subdivision 1.Active efforts.A responsible social services agency shall make active
165		-	5.22efforts to prevent the out-of-home placement of an African American or a disproportionately
166		-	5.23represented child, eliminate the need for a child's removal from the child's home, and reunify
167		-	5.24an African American or a disproportionately represented child with the child's family as
168		-	5.25soon as practicable.
169		-	5.26 Subd. 2.Safety plan.(a) Prior to petitioning the court to remove an African American
170		-	5.27or a disproportionately represented child from the child's home under section 260.66, a
171		-	5.28responsible social services agency must work with the child's family to allow the child to
172		-	5.29remain in the child's home while implementing a safety plan based on the family's needs.
173		-	5.30The responsible social services agency must:
174		-	5.31 (1) make active efforts to engage the child's parent or custodian and the child, when
175		-	5.32appropriate;
	137	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 5.1 (2) a legal parent, guardian, or custodian of the child's sibling;
	138	+	5.2 (3) an individual who is an important friend of the child or child's family with whom
	139	+	5.3the child has resided or has had significant contact; or
	140	+	5.4 (4) an individual who the child or the child's family identify as related to the child's
	141	+	5.5family.
	142	+	5.6 Subd. 18.Safety network."Safety network" means a group of individuals identified by
	143	+	5.7the parent and child, when appropriate, that is responsible for helping with developing,
	144	+	5.8implementing, sustaining, supporting, or improving a safety plan to protect the safety and
	145	+	5.9well-being of a child.
	146	+	5.10 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
	147	+	5.11subdivision 20.
	148	+	5.12 Subd. 20.Termination of parental rights."Termination of parental rights" means an
	149	+	5.13action resulting in the termination of the parent-child relationship under section 260C.301.
	150	+	5.14 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
	151	+	5.15PROMOTE FAMILY REUNIFICATION.
	152	+	5.16 (a) A responsible social services agency shall make active efforts to prevent the
	153	+	5.17out-of-home placement of an African American or a disproportionately represented child,
	154	+	5.18eliminate the need for a child's removal from the child's home, and reunify an African
	155	+	5.19American or a disproportionately represented child with the child's family as soon as
	156	+	5.20practicable.
	157	+	5.21 (b) Prior to petitioning the court to remove an African American or a disproportionately
	158	+	5.22represented child from the child's home, a responsible social services agency must work
	159	+	5.23with the child's family to prevent out-of-home placement and preserve the child's family.
	160	+	5.24The responsible social services agency must:
	161	+	5.25 (1) make active efforts to engage the child's parent or custodian and the child, when
	162	+	5.26appropriate;
	163	+	5.27 (2) assess the family's cultural and economic needs and connect the family with supports
	164	+	5.28to establish a safety network for the family;
	165	+	5.29 (3) work with the family to develop an alternative plan to out-of-home placement;
	166	+	5.30 (4) before making decisions that may affect the child's safety and well-being or when
	167	+	5.31contemplating out-of-home placement, seek guidance from the child's family structure on
176	168		5Sec. 4.
177		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 6.1 (2) assess the family's cultural and economic needs and, if applicable, needs and services
178		-	6.2related to the child's disability;
179		-	6.3 (3) hold a family group consultation meeting and connect the family with supports to
180		-	6.4establish a safety network for the family; and
181		-	6.5 (4) provide support, guidance, and input to assist the family and the family's safety
182		-	6.6network with developing the safety plan.
183		-	6.7 (b) The safety plan must:
184		-	6.8 (1) address the specific allegations impacting the child's safety in the home. If neglect
185		-	6.9is alleged, the safety plan must incorporate economic services and supports for the child
186		-	6.10and the child's family, if eligible, to address the family's specific needs and prevent neglect;
187		-	6.11 (2) incorporate family and community support to ensure the child's safety while keeping
188		-	6.12the family intact; and
189		-	6.13 (3) be adjusted as needed to address the child's and family's ongoing needs and support.
190		-	6.14 (c) The responsible social services agency is not required to establish a safety plan:
191		-	6.15 (1) in a case with allegations of sexual abuse or egregious harm;
192		-	6.16 (2) when the parent is not willing to follow a safety plan;
193		-	6.17 (3) when the parent has abandoned the child or is unavailable to follow a safety plan;
194		-	6.18or
195		-	6.19 (4) when the parent has chronic substance abuse issues and is unable to parent the child.
196		-	6.20 Subd. 3.Out-of-home placement prohibited.Unless the court finds by clear and
197		-	6.21convincing evidence that the child would be at risk of serious emotional damage or serious
198		-	6.22physical damage if the child were to remain in the child's home, a court shall not order a
199		-	6.23foster care or permanent out-of-home placement of an African American or a
200		-	6.24disproportionately represented child alleged to be in need of protection or services. At each
201		-	6.25hearing regarding an African American or a disproportionately represented child who is
202		-	6.26alleged or adjudicated to be in need of child protective services, the court shall review
203		-	6.27whether the responsible social services agency has provided active efforts to the child and
204		-	6.28the child's family and shall require the responsible social services agency to provide evidence
205		-	6.29and documentation that demonstrate that the agency is providing culturally informed,
206		-	6.30strength-based, community-involved, and community-based services to the child and the
207		-	6.31child's family.
208		-	6Sec. 4.
209		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 7.1 Subd. 4.Required findings that active efforts were provided.When determining
210		-	7.2whether the responsible social services agency has made active efforts to preserve the child's
211		-	7.3family, the court shall make findings regarding whether the responsible social services
212		-	7.4agency made appropriate and meaningful services available to the child's family based upon
213		-	7.5the family's specific needs. If a court determines that the responsible social services agency
214		-	7.6did not make active efforts to preserve the family as required by this section, the court shall
215		-	7.7order the responsible social services agency to immediately provide active efforts to the
216		-	7.8child and child's family to preserve the family.
217		-	7.9 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
218		-	7.10section 20.
219		-	7.11 Sec. 5. [260.641] ENSURING FREQUENT VISITATION FOR AFRICAN
220		-	7.12AMERICAN AND DISPROPORTIONATELY REPRESENTED CHILDREN IN
221		-	7.13OUT-OF-HOME PLACEMENT.
222		-	7.14 A responsible social services agency must engage in best practices related to visitation
223		-	7.15when an African American or a disproportionately represented child is in out-of-home
224		-	7.16placement. When the child is in out-of-home placement, the responsible social services
225		-	7.17agency shall make active efforts to facilitate regular and frequent visitation between the
226		-	7.18child and the child's parents or custodians, the child's siblings, and the child's relatives. If
227		-	7.19visitation is infrequent between the child and the child's parents, custodians, siblings, or
228		-	7.20relatives, the responsible social services agency shall make active efforts to increase the
229		-	7.21frequency of visitation and address any barriers to visitation.
230		-	7.22 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
231		-	7.23section 20.
232		-	7.24 Sec. 6. [260.65] NONCUSTODIAL PARENTS.
233		-	7.25 (a) Prior to or within 48 hours of the removal of an African American or a
234		-	7.26disproportionately represented child from the child's home, the responsible social services
235		-	7.27agency must make active efforts to identify and locate the child's noncustodial or
236		-	7.28nonadjudicated parent and the child's relatives to notify the child's parent and relatives that
237		-	7.29the child is or will be placed in foster care, and provide the child's parent and relatives with
238		-	7.30a list of legal resources. The notice to the child's noncustodial or nonadjudicated parent and
239		-	7.31relatives must also include the information required under section 260C.221, subdivision
240		-	7.322, paragraph (b). The responsible social services agency must maintain detailed records of
241		-	7.33the agency's efforts to notify parents and relatives under this section.
242		-	7Sec. 6.
243		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 8.1 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
244		-	8.2agency must assess an African American or a disproportionately represented child's
245		-	8.3noncustodial or nonadjudicated parent's ability to care for the child before placing the child
246		-	8.4in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
247		-	8.5daily care for the African American or disproportionately represented child temporarily or
248		-	8.6permanently, the court shall order that the child be placed in the home of the noncustodial
249		-	8.7or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
250		-	8.8responsible social services agency must make active efforts to assist a noncustodial or
251		-	8.9nonadjudicated parent with remedying any issues that may prevent the child from being
252		-	8.10placed with the noncustodial or nonadjudicated parent.
253		-	8.11 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
254		-	8.12section 20.
255		-	8.13 Sec. 7. [260.66] EMERGENCY REMOVAL.
256		-	8.14 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
257		-	8.15shall be construed to prevent the emergency removal of an African American or a
258		-	8.16disproportionately represented child's parent or custodian or the emergency placement of
259		-	8.17the child in a foster setting in order to prevent imminent physical damage or harm to the
260		-	8.18child.
261		-	8.19 Subd. 2.Petition for emergency removal; placement requirements.A petition for a
262		-	8.20court order authorizing the emergency removal or continued emergency placement of an
263		-	8.21African American or a disproportionately represented child or the petition's accompanying
264		-	8.22documents must contain a statement of the risk of imminent physical damage or harm to
265		-	8.23the African American or disproportionately represented child and any evidence that the
266		-	8.24emergency removal or placement continues to be necessary to prevent imminent physical
267		-	8.25damage or harm to the child. The petition or its accompanying documents must also contain
268		-	8.26the following information:
269		-	8.27 (1) the name, age, and last known address of the child;
270		-	8.28 (2) the name and address of the child's parents and custodians or, if unknown, a detailed
271		-	8.29explanation of efforts made to locate and contact them;
272		-	8.30 (3) the steps taken to provide notice to the child's parents and custodians about the
273		-	8.31emergency proceeding;
274		-	8.32 (4) a specific and detailed account of the circumstances that led the agency responsible
275		-	8.33for the emergency removal of the child to take that action; and
276		-	8Sec. 7.
277		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 9.1 (5) a statement of the efforts that have been taken to assist the child's parents or custodians
278		-	9.2so that the child may safely be returned to their custody.
279		-	9.3 Subd. 3.Emergency proceeding requirements.(a) The court shall hold a hearing no
280		-	9.4later than 72 hours, excluding weekends and holidays, after the emergency removal of the
281		-	9.5African American or disproportionately represented child. The court shall determine whether
282		-	9.6the emergency removal continues to be necessary to prevent imminent physical damage or
283		-	9.7harm to the child and whether, after considering the child's particular circumstances, the
284		-	9.8imminent physical damage or harm to the child outweighs the harm that the child will
285		-	9.9experience as a result of continuing the emergency removal.
286		-	9.10 (b) The court shall hold additional hearings whenever new information indicates that
287		-	9.11the emergency situation has ended. The court shall consider all such new information at
288		-	9.12any court hearing after the emergency proceeding to determine whether the emergency
289		-	9.13removal or placement is no longer necessary to prevent imminent physical damage or harm
290		-	9.14to the child.
291		-	9.15 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
292		-	9.16Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
293		-	9.17or a disproportionately represented child who is subject to an emergency hearing under this
294		-	9.18section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
295		-	9.19appointed by the court. The court must appoint qualified counsel to represent a parent if the
296		-	9.20parent meets the eligibility requirements in section 611.17.
297		-	9.21 Subd. 4.Termination of emergency removal or placement.(a) An emergency removal
298		-	9.22or placement of an African American or a disproportionately represented child must
299		-	9.23immediately terminate once the responsible social services agency or court possesses
300		-	9.24sufficient evidence to determine that the emergency removal or placement is no longer
301		-	9.25necessary to prevent imminent physical damage or harm to the child and the child shall be
302		-	9.26immediately returned to the custody of the child's parent or custodian. The responsible social
303		-	9.27services agency or court shall ensure that the emergency removal or placement terminates
304		-	9.28immediately when the removal or placement is no longer necessary to prevent imminent
305		-	9.29physical damage or harm to the African American or disproportionately represented child.
306		-	9.30 (b) An emergency removal or placement ends when the court orders, after service upon
307		-	9.31the African American or disproportionately represented child's parents or custodians, that
308		-	9.32the child shall be placed in foster care upon a determination supported by clear and
309		-	9.33convincing evidence that custody of the child by the child's parent or custodian is likely to
310		-	9.34result in serious emotional or physical damage to the child.
311		-	9Sec. 7.
312		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 10.1 (c) In no instance shall emergency removal or emergency placement of an African
313		-	10.2American or a disproportionately represented child extend beyond 30 days unless the court
314		-	10.3finds by a showing of clear and convincing evidence that:
315		-	10.4 (1) continued emergency removal or placement is necessary to prevent imminent physical
316		-	10.5damage or harm to the child; and
317		-	10.6 (2) it has not been possible to initiate a child placement proceeding with all of the
318		-	10.7protections under sections 260.61 to 260.68.
319		-	10.8 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
320		-	10.9section 20.
321		-	10.10Sec. 8. [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
322		-	10.11CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
323		-	10.12PROCEEDINGS.
324		-	10.13 Subdivision 1.Preference for transfer of permanent legal and physical custody.If
325		-	10.14an African American or a disproportionately represented child cannot be returned to the
326		-	10.15child's parent, the court shall consider the requirements of and responsibilities under section
327		-	10.16260.012, paragraph (a), and, if possible, transfer permanent legal and physical custody of
328		-	10.17the child to:
329		-	10.18 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
330		-	10.19return to the care of the parent or custodian from whom the child was removed or who had
331		-	10.20legal custody at the time that the child was placed in foster care; or
332		-	10.21 (2) a willing and able relative, according to the requirements of section 260C.515,
333		-	10.22subdivision 4, if the court determines that reunification with the child's family is not an
334		-	10.23appropriate permanency option for the child. Prior to the court ordering a transfer of
335		-	10.24permanent legal and physical custody to a relative who is not a parent, the responsible social
336		-	10.25services agency must inform the relative of Northstar kinship assistance benefits and
337		-	10.26eligibility requirements, and of the relative's ability to apply for benefits on behalf of the
338		-	10.27child under chapter 256N.
339		-	10.28 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
340		-	10.29the parental rights of a parent of an African American or a disproportionately represented
341		-	10.30child based solely on the parent's failure to complete case plan requirements.
342		-	10.31 (b) Except as provided in paragraph (c), a court shall not terminate the parental rights
343		-	10.32of a parent of an African American or a disproportionately represented child in a child
344		-	10.33placement proceeding unless the allegations against the parent involve sexual abuse;
345		-	10Sec. 8.
346		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 11.1egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
347		-	11.2or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
348		-	11.3first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
349		-	11.4of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
350		-	11.5assault by strangulation under section 609.2247; felony domestic assault under section
351		-	11.6609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
352		-	11.7promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
353		-	11.8or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
354		-	11.9609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
355		-	11.10section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
356		-	11.11section 609.352; possession of pornographic work involving minors under section 617.247;
357		-	11.12malicious punishment or neglect or endangerment of a child under section 609.377 or
358		-	11.13609.378; use of a minor in sexual performance under section 617.246; or failing to protect
359		-	11.14a child from an overt act or condition that constitutes egregious harm.
360		-	11.15 Subd. 3.Termination of parental rights; exceptions.(a) The court may terminate the
361		-	11.16parental rights of a parent of an African American or a disproportionately represented child
362		-	11.17if a transfer of permanent legal and physical custody under subdivision 1 is not possible
363		-	11.18because the child has no willing or able noncustodial parent or relative to whom custody
364		-	11.19can be transferred, if it finds that one or more of the following conditions exist:
365		-	11.20 (1) that the parent has abandoned the child;
366		-	11.21 (2) that a parent is palpably unfit to be a party to the parent and child relationship because
367		-	11.22of a consistent pattern of specific conduct before the child or of specific conditions directly
368		-	11.23relating to the parent and child relationship, either of which are determined by the court to
369		-	11.24be of a duration or nature that renders the parent unable, for the reasonably foreseeable
370		-	11.25future, to care appropriately for the ongoing physical, mental, or emotional needs of the
371		-	11.26child. It is presumed that a parent is palpably unfit to be a party to the parent and child
372		-	11.27relationship upon a showing that the parent's parental rights to another child were
373		-	11.28involuntarily terminated or that the parent's custodial rights to another child have been
374		-	11.29involuntarily transferred to a relative under section 260C.515, subdivision 4; or a similar
375		-	11.30law of another jurisdiction;
376		-	11.31 (3) that following the child's placement out of the home, active efforts, under the direction
377		-	11.32of the court, have failed to correct the conditions leading to the child's placement. It is
378		-	11.33presumed that active efforts under this clause have failed upon a showing that:
379		-	11Sec. 8.
380		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 12.1 (i) a child has resided out of the parental home under court order for a cumulative period
381		-	12.2of 12 months within the preceding 22 months. In the case of a child under age eight at the
382		-	12.3time that the petition was filed alleging the child to be in need of protection or services, the
383		-	12.4presumption arises when the child has resided out of the parental home under court order
384		-	12.5for six months unless the parent has maintained regular contact with the child and the parent
385		-	12.6is complying with the out-of-home placement plan;
386		-	12.7 (ii) the court has approved the out-of-home placement plan required under section
387		-	12.8260C.212 and filed with the court under section 260C.178;
388		-	12.9 (iii) conditions leading to the out-of-home placement have not been corrected. It is
389		-	12.10presumed that conditions leading to a child's out-of-home placement have not been corrected
390		-	12.11upon a showing that the parent or parents have not substantially complied with the court's
391		-	12.12orders and a reasonable case plan; and
392		-	12.13 (iv) active efforts have been made by the responsible social services agency to rehabilitate
393		-	12.14the parent and reunite the family; and
394		-	12.15 (4) that a child has experienced egregious harm in the parent's care that is of a nature,
395		-	12.16duration, or chronicity that indicates a lack of regard for the child's well-being, such that a
396		-	12.17reasonable person would believe it contrary to the best interests of the child or of any child
397		-	12.18to be in the parent's care.
398		-	12.19 (b) For purposes of paragraph (a), clause (1), abandonment is presumed when:
399		-	12.20 (1) the parent has had no contact with the child on a regular basis and has not
400		-	12.21demonstrated consistent interest in the child's well-being for six months and the social
401		-	12.22services agency has made active efforts to facilitate contact with the parent, unless the parent
402		-	12.23establishes that an extreme financial or physical hardship or treatment for mental disability
403		-	12.24or substance use disorder or other good cause prevented the parent from making contact
404		-	12.25with the child. This presumption does not apply to children whose custody has been
405		-	12.26determined under chapter 257 or 518; or
406		-	12.27 (2) the child is an infant under two years of age and has been deserted by the parent
407		-	12.28under circumstances that show an intent not to return to care for the child.
408		-	12.29 Subd. 4.Voluntary termination of parental rights.Nothing in subdivisions 2 and 3
409		-	12.30precludes the court from terminating the parental rights of a parent of an African American
410		-	12.31or a disproportionately represented child if the parent desires to voluntarily terminate the
411		-	12.32parent's own parental rights for good cause under section 260C.301, subdivision 1, paragraph
412		-	12.33(a).
	169	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 6.1how the family can seek help, what resources are available, and what barriers the family
	170	+	6.2faces at that time; and
	171	+	6.3 (5) provide support, guidance, and input to assist the family and the family's safety
	172	+	6.4network with developing the safety plan.
	173	+	6.5 (c) The safety plan must:
	174	+	6.6 (1) address the specific allegations impacting the child's safety in the home. If neglect
	175	+	6.7is alleged, the safety plan must incorporate economic services and supports to address the
	176	+	6.8family's specific needs and prevent neglect;
	177	+	6.9 (2) evaluate whether an order for protection under section 518B.01 or other court order
	178	+	6.10expelling an allegedly abusive household member from the home of a parent or custodian
	179	+	6.11who is not alleged to be abusive will allow the child to safely remain in the home;
	180	+	6.12 (3) incorporate family and community support to ensure the child's safety while keeping
	181	+	6.13the family intact; and
	182	+	6.14 (4) be adjusted as needed to address the child's and family's ongoing needs and support.
	183	+	6.15 (d) The responsible social services agency is not required to establish a safety plan:
	184	+	6.16 (1) in a case with allegations of sexual abuse or egregious harm;
	185	+	6.17 (2) when the parent is not willing to follow a safety plan;
	186	+	6.18 (3) when the parent has abandoned the child or is unavailable to follow a safety plan;
	187	+	6.19or
	188	+	6.20 (4) when the parent has chronic substance abuse issues and is unable to parent the child.
	189	+	6.21 Sec. 5. [260.65] EMERGENCY REMOVAL.
	190	+	6.22 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
	191	+	6.23shall be construed to prevent, delay, or deny the emergency removal of an African American
	192	+	6.24or a disproportionately represented child's parent or custodian, or the emergency placement
	193	+	6.25of the child in a foster setting, in order to prevent imminent physical damage or harm to the
	194	+	6.26child.
	195	+	6.27 Subd. 2.Petition for emergency removal; placement requirements.A petition for a
	196	+	6.28court order authorizing the emergency removal or continued emergency placement of an
	197	+	6.29African American or a disproportionately represented child or the petition's accompanying
	198	+	6.30documents must contain a statement of the risk of imminent physical damage or harm to
	199	+	6.31the African American or disproportionately represented child and any evidence that the
	200	+	6Sec. 5.
	201	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 7.1emergency removal or placement continues to be necessary to prevent imminent physical
	202	+	7.2damage or harm to the child. The petition or its accompanying documents must also include
	203	+	7.3a statement of the efforts that have been made to assist the child's parents or custodians so
	204	+	7.4that the child may safely be returned to their custody.
	205	+	7.5 Subd. 3.Notice and service requirements.(a) The petition for emergency removal and
	206	+	7.6accompanying documents must be served on the parent and, if the child is not located in
	207	+	7.7the child's home at the time that the child is removed, on the entity or individual with custody
	208	+	7.8of the child. If the court authorizes an emergency removal under subdivision 2, the petition
	209	+	7.9and accompanying documents must be served on the parents or custodians at the time of
	210	+	7.10the child's removal unless, after active efforts, the parents or custodians cannot be located
	211	+	7.11at the time of removal.
	212	+	7.12 (b) Whenever a child is removed pursuant to a court order issued under subdivision 2,
	213	+	7.13the responsible social services agency shall make active efforts to provide notice to the
	214	+	7.14parent or custodian of:
	215	+	7.15 (1) the fact that the child has been removed from the child's home;
	216	+	7.16 (2) the reasons for the child's emergency removal; and
	217	+	7.17 (3) the parent or custodian's legal rights under this chapter, chapter 260C, and any other
	218	+	7.18applicable provisions of statute, including the right to an emergency hearing under
	219	+	7.19subdivision 4.
	220	+	7.20 (c) Notice under paragraph (b) must be provided in plain language and take into
	221	+	7.21consideration the parent or custodian's primary language, level of education, and culture.
	222	+	7.22Notice may be given by any means reasonably certain of notifying the parent or custodian
	223	+	7.23including but not limited to written, telephone, or in-person oral notification. If the initial
	224	+	7.24notification is provided by a means other than in writing, the responsible social services
	225	+	7.25agency shall make active efforts to also provide written notification.
	226	+	7.26 (d) Notice required under this subdivision must be provided to the parent or custodian
	227	+	7.27no more than 24 hours after the child has been removed or 24 hours after the responsible
	228	+	7.28social services agency has been notified that the child has been removed pursuant to
	229	+	7.29subdivision 2.
	230	+	7.30 Subd. 4.Emergency proceeding requirements.(a) The court shall hold a hearing no
	231	+	7.31later than 72 hours, excluding weekends and holidays, after the emergency removal of the
	232	+	7.32African American or disproportionately represented child. The court shall determine whether
	233	+	7.33the emergency removal continues to be necessary to prevent imminent physical damage or
	234	+	7Sec. 5.
	235	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 8.1harm to the child and whether, after considering the child's particular circumstances, the
	236	+	8.2imminent physical damage or harm to the child outweighs the harm that the child will
	237	+	8.3experience as a result of continuing the emergency removal.
	238	+	8.4 (b) The court shall hold additional hearings whenever new information indicates that
	239	+	8.5the emergency situation has ended. The court shall consider all such new information at
	240	+	8.6any court hearing after the emergency proceeding to determine whether the emergency
	241	+	8.7removal or placement is no longer necessary to prevent imminent physical damage or harm
	242	+	8.8to the child.
	243	+	8.9 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
	244	+	8.10Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
	245	+	8.11or a disproportionately represented child who is subject to an emergency hearing under this
	246	+	8.12section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
	247	+	8.13appointed by the court. The court must appoint qualified counsel to represent a parent if the
	248	+	8.14parent meets the eligibility requirements in section 611.17.
	249	+	8.15 Subd. 5.Termination of emergency removal or placement.(a) An emergency removal
	250	+	8.16or placement of an African American or a disproportionately represented child must
	251	+	8.17immediately terminate once the responsible social services agency or court possesses
	252	+	8.18sufficient evidence to determine that the emergency removal or placement is no longer
	253	+	8.19necessary to prevent imminent physical damage or harm to the child and the child shall be
	254	+	8.20immediately returned to the custody of the child's parent or custodian. The responsible social
	255	+	8.21services agency or court shall ensure that the emergency removal or placement terminates
	256	+	8.22immediately when the removal or placement is no longer necessary to prevent imminent
	257	+	8.23physical damage or harm to the African American or disproportionately represented child.
	258	+	8.24 (b) If the court determines that custody of the child by the child's parent or custodian is
	259	+	8.25likely to result in serious physical harm to the child, after service upon the African American
	260	+	8.26or disproportionately represented child's parents or custodian and upon a determination
	261	+	8.27supported by clear and convincing evidence, the court shall further consider whether
	262	+	8.28participation by the parents or legal custodians in any prevention services would prevent
	263	+	8.29or eliminate the need for removal. If so, the court shall inquire of the parent or custodian
	264	+	8.30whether they are willing to participate in such services. If the parent or custodian agrees to
	265	+	8.31participate in the prevention services identified by the court that would prevent or eliminate
	266	+	8.32the need for removal, the court shall place the child with the parent or custodian and the
	267	+	8.33emergency removal shall terminate. The court shall not order a parent to participate in
	268	+	8.34prevention services over the parent's or custodian's objection and the parent or custodian
	269	+	8.35must have the opportunity to consult with counsel prior to deciding whether to agree to
	270	+	8Sec. 5.
	271	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 9.1proposed prevention services as a condition of the child being returned to the custody of
	272	+	9.2the parent or custodian.
	273	+	9.3 (c) If the court determines that custody of the child by the child's parent or custodian is
	274	+	9.4likely to result in serious physical harm to the child, the court shall further consider whether
	275	+	9.5an order for protection under section 518B.01 or other court order expelling an allegedly
	276	+	9.6abusive household member from the home of a parent or custodian who is not alleged to
	277	+	9.7be abusive will allow the child to safely return to the home.
	278	+	9.8 (d) In no instance shall emergency removal or emergency placement of an African
	279	+	9.9American or a disproportionately represented child extend beyond 30 days unless the court
	280	+	9.10finds by a showing of clear and convincing evidence that:
	281	+	9.11 (1) continued emergency removal or placement is necessary to prevent imminent physical
	282	+	9.12damage or harm to the child; and
	283	+	9.13 (2) it has not been possible to initiate a child placement proceeding with all of the
	284	+	9.14protections under sections 260.61 to 260.694.
	285	+	9.15 Sec. 6. [260.66] NONCUSTODIAL PARENTS.
	286	+	9.16 (a) Prior to the removal of an African American or a disproportionately represented child
	287	+	9.17from the child's home, the responsible social services agency must make active efforts to
	288	+	9.18identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives
	289	+	9.19to notify the child's parent and relatives that the child is or will be placed in foster care, and
	290	+	9.20provide the child's parent and relatives with a list of legal resources. The notice to the child's
	291	+	9.21noncustodial or nonadjudicated parent and relatives must also include the information
	292	+	9.22required under section 260C.221, subdivision 2, paragraph (b). The responsible social
	293	+	9.23services agency must maintain detailed records of the agency's efforts to notify parents and
	294	+	9.24relatives under this section.
	295	+	9.25 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
	296	+	9.26agency must assess an African American or a disproportionately represented child's
	297	+	9.27noncustodial or nonadjudicated parent's ability to care for the child before placing the child
	298	+	9.28in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
	299	+	9.29daily care for the African American or disproportionately represented child temporarily or
	300	+	9.30permanently, the court shall order that the child be placed in the home of the noncustodial
	301	+	9.31or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
	302	+	9.32responsible social services agency must make active efforts to assist a noncustodial or
	303	+	9Sec. 6.
	304	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 10.1nonadjudicated parent with remedying any issues that may prevent the child from being
	305	+	10.2placed with the noncustodial or nonadjudicated parent.
	306	+	10.3 Sec. 7. [260.67] RELATIVE PLACEMENT.
	307	+	10.4 Subdivision 1.Relative placement procedures and requirements.(a) If an African
	308	+	10.5American or a disproportionately represented child's noncustodial or nonadjudicated parent
	309	+	10.6is unwilling or unable to provide daily care for the child and the court has determined that
	310	+	10.7the child physically remaining in the home with the child's parent or custodian would
	311	+	10.8endanger the child's health, safety, or welfare, the child's parent, custodian, or the child,
	312	+	10.9when appropriate, has the right to select one or more relatives who may be willing and able
	313	+	10.10to temporarily care for the child. The responsible social services agency must place the child
	314	+	10.11with a selected relative after assessing the relative's willingness and ability to provide daily
	315	+	10.12care for the child.
	316	+	10.13 (b) The responsible social services agency shall consider additional relatives for the
	317	+	10.14child's placement if:
	318	+	10.15 (1) the selected relative or relatives are unavailable, unwilling, or unable to provide daily
	319	+	10.16care for the child; or
	320	+	10.17 (2) conditions or circumstances exist that would disqualify the selected relative or
	321	+	10.18relatives from being licensed family foster parents and the disqualifying conditions or
	322	+	10.19circumstances would not be eligible for a variance from the commissioner. Relative
	323	+	10.20placement consideration requirements in sections 260C.212, subdivision 2, paragraph (a),
	324	+	10.21and 260C.221, subdivision 4, apply.
	325	+	10.22 (c) The responsible social services agency must inform selected relatives and the child's
	326	+	10.23parent or custodian of the difference between informal kinship care arrangements and
	327	+	10.24court-ordered foster care. If a selected relative and the child's parent or custodian request
	328	+	10.25an informal kinship care arrangement for a child's placement instead of court-ordered foster
	329	+	10.26care and such an arrangement will maintain the child's safety and well-being, the responsible
	330	+	10.27social services agency shall comply with the request and inform the court of the plan for
	331	+	10.28the child. The court shall honor the request to forego a court-ordered foster care placement
	332	+	10.29of the child in favor of an informal kinship care arrangement, unless the court determines
	333	+	10.30that the request is not in the best interests of the African American or disproportionately
	334	+	10.31represented child.
	335	+	10.32 (d) The responsible social services agency must make active efforts to support a relative
	336	+	10.33with whom a child is placed in completing the family foster care licensure process and
	337	+	10Sec. 7.
	338	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 11.1addressing barriers, disqualifications, or other issues affecting the relative's licensure,
	339	+	11.2including but not limited to assisting the relative with requesting reconsideration of a
	340	+	11.3disqualification under section 245C.21.
	341	+	11.4 (e) The decision by a relative to not be considered as an African American or a
	342	+	11.5disproportionately represented child's foster care or temporary placement option shall not
	343	+	11.6be a basis for the responsible social services agency or the court to rule out the relative for
	344	+	11.7placement in the future or for denying the relative's request to be considered or selected as
	345	+	11.8a foster care or permanent placement of the child.
	346	+	11.9 Subd. 2.Authorization for nonrelative foster care or temporary placement.(a) An
	347	+	11.10African American or a disproportionately represented child must be placed with a
	348	+	11.11noncustodial or nonadjudicated parent under section 260.66 or with a relative pursuant to
	349	+	11.12subdivision 1, unless the responsible social services agency establishes that there is reasonable
	350	+	11.13cause to believe that:
	351	+	11.14 (1) placement in nonrelative foster care is necessary to prevent imminent physical damage
	352	+	11.15or harm to the child, including that which would result from sexual abuse or sexual
	353	+	11.16exploitation, because no noncustodial or nonadjudicated parent or relative is capable of
	354	+	11.17ensuring the child's basic safety; or
	355	+	11.18 (2) placement with a noncustodial or nonadjudicated parent or relative would hinder
	356	+	11.19efforts to reunify the child and the parent.
	357	+	11.20 (b) If the court orders the placement of an African American or a disproportionately
	358	+	11.21represented child in nonrelative foster care, the court order must state the reasons for
	359	+	11.22placement in nonrelative foster care.
	360	+	11.23 (c) Before authorizing nonrelative foster care or temporary placement for an African
	361	+	11.24American or a disproportionately represented child under paragraph (a), the court must ask
	362	+	11.25the petitioner and any other person present at the hearing whether any relatives are willing
	363	+	11.26and able to care for the child, including:
	364	+	11.27 (1) whether any relative is able to meet any special needs of the child;
	365	+	11.28 (2) whether the relative is willing to facilitate the child's sibling and parent or custodian
	366	+	11.29visitation if such visitation is ordered by the court; and
	367	+	11.30 (3) whether the relative supports reunification of the parent or custodian and child once
	368	+	11.31reunification can safely occur.
	369	+	11.32 (d) If a relative has been determined to be willing and able to be a placement resource
	370	+	11.33for the child, the following shall not prevent the child's placement with the relative:
	371	+	11Sec. 7.
	372	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 12.1 (1) an incomplete background study, if the relative is otherwise willing and able to
	373	+	12.2provide care and safety, provided that the background study must be completed as soon as
	374	+	12.3possible after placement;
	375	+	12.4 (2) the relative's uncertainty regarding potential adoption of the child;
	376	+	12.5 (3) the relative's disbelief that the parent or custodian presents a danger to the child,
	377	+	12.6provided that the relative will protect the safety of the child and comply with court orders
	378	+	12.7regarding contact with a parent or custodian; or
	379	+	12.8 (4) the conditions of the relative's home are not sufficient to satisfy the requirements for
	380	+	12.9foster parent licensure. The court may order the responsible social services agency to provide
	381	+	12.10active efforts under subdivision 1, paragraph (c).
	382	+	12.11Sec. 8. [260.68] CHILD IN NEED OF PROTECTION OR SERVICES;
	383	+	12.12OUT-OF-HOME PLACEMENT PROCEEDINGS.
	384	+	12.13 Subdivision 1.Standard for ordering out-of-home placement.(a) A court shall not
	385	+	12.14order a foster care or permanent out-of-home placement of an African American or a
	386	+	12.15disproportionately represented child alleged to be in need of protection or services unless
	387	+	12.16the court finds by clear and convincing evidence that the child would be at risk of serious
	388	+	12.17physical harm if the child were to remain in the child's home.
	389	+	12.18 (b) Before ordering a foster care placement or permanent out-of-home placement of an
	390	+	12.19African American or a disproportionately represented child under paragraph (a), the court
	391	+	12.20must:
	392	+	12.21 (1) find that no alternative resources or arrangements are available to the family that
	393	+	12.22would adequately safeguard the child without requiring out-of-home placement;
	394	+	12.23 (2) evaluate the harm to the child that may result from foster care placement or permanent
	395	+	12.24out-of-home placement by considering:
	396	+	12.25 (i) the disruption to the child's schooling and social relationships that may result from
	397	+	12.26placement out of the child's home or neighborhood;
	398	+	12.27 (ii) detrimental long-term emotional and psychological impacts of disrupting the
	399	+	12.28relationship between children and their parents; and
	400	+	12.29 (iii) any measures that may be taken to alleviate such a disruption;
	401	+	12.30 (3) determine whether a parent or custodian's noncompliance with any conditions or
	402	+	12.31requirements of an out-of-home placement plan resulted from circumstances beyond the
	403	+	12.32parent or custodian's control and if so, give due consideration to those circumstances;
413	404		12Sec. 8.
414		-	REVISOR BD H0912-3HF912 ~~THIRD~~ ENGROSSMENT 13.1 ~~Subd. 5.Appeals.Notwithstanding~~ the ~~Minnesota Rules of Juvenile Protection Procedure,~~
415		-	13.~~2rule 47.02, subdivision 2,~~ a parent ~~of an African American~~ or ~~a disproportionately represented~~
416		-	13.~~3child whose parental rights have been terminated may appeal~~ the ~~decision within 90 days~~
417		-	13.~~4of~~ the ~~service of notice~~ by the ~~court administrator of the filing of the court's order.~~
418		-	13.~~5 EFFECTIVE DATE.This section~~ is ~~effective July 1,~~ ~~2027, except as provided under~~
419		-	13.~~6section 20.~~
420		-	13.~~7 Sec~~. ~~9. [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND~~
421		-	13.~~8CASE REVIEW.~~
422		-	13.~~9 Subdivision 1.Responsible social services agency conduct.(a)~~ A ~~responsible social~~
423		-	13.~~10services agency employee who has duties related~~ to ~~child protection shall not knowingly:~~
424		-	13.~~11 (1) make untrue statements about any case involving a~~ child ~~alleged to be in need of~~
425		-	13.~~12protection or services;~~
426		-	13.~~13 (2) intentionally withhold any information that may be material to a case involving a~~
427		-	13.~~14child alleged~~ to be in ~~need of protection or services; or~~
428		-	13.~~15 (3) fabricate~~ or ~~falsify any documentation or evidence relating to a case involving a~~ child
429		-	13.~~16alleged to be in need of protection~~ or ~~services.~~
430		-	13.~~17 (b) Any~~ of ~~the actions listed in paragraph (a) shall constitute grounds for adverse~~
431		-	13.~~18employment action.~~
432		-	13.~~19 Subd.~~ ~~2.Case review.(a) Each~~ responsible social ~~services agency shall conduct a review~~
433		-	13.~~20of all child welfare cases for African American~~ and ~~other disproportionately represented~~
434		-	13.~~21children handled by the agency.~~ ~~Each responsible social services agency shall create a~~
435		-	13.~~22summary report of trends identified under paragraphs (b)~~ and ~~(c), a remediation plan as~~
436		-	13.~~23provided in paragraph~~ (d)~~, and an update on implementation of any previous remediation~~
437		-	13.~~24plans.~~ The ~~first report~~ shall ~~be provided to~~ the ~~commissioner and the chairs and ranking~~
438		-	13.~~25minority members of the legislative committees with jurisdiction over child welfare by~~
439		-	13.~~26October 1,~~ ~~2029, and annually thereafter~~. ~~For purposes of determining outcomes in this~~
440		-	13.~~27subdivision, responsible~~ social services ~~agencies shall use guidance from~~ the ~~commissioner.~~
441		-	13.~~28The commissioner~~ shall ~~provide guidance starting on November 1,~~ ~~2028, and annually~~
442		-	13.~~29thereafter~~.
443		-	13.~~30 (b) The case review must include:~~
444		-	13.~~31 (1) the number~~ of ~~African American~~ and ~~disproportionately represented children~~
445		-	13.~~32represented in the county~~ child ~~welfare system;~~
446		-	~~13Sec~~. 9.
447		-	~~REVISOR BD H0912-3HF912 THIRD ENGROSSMENT~~ 14.1 ~~(2) the number~~ and ~~sources of maltreatment reports received and reports screened in for~~
448		-	14.~~2investigation~~ or ~~referred for family assessment and~~ the ~~race of the children and parents or~~
449		-	14.~~3custodians involved in each report;~~
450		-	14.4 (3) ~~the number~~ and ~~race~~ of ~~children and parents or custodians who receive in-home~~
451		-	14.~~5preventive case management services;~~
452		-	14.6 (4) the ~~number and race of children whose parents or custodians are referred to~~
453		-	14.~~7community-based, culturally appropriate,~~ ~~strength-based,~~ or ~~trauma-informed services;~~
454		-	14.~~8 (5)~~ the ~~number and race of children removed from their homes~~;
455		-	14.9 (6) the ~~number and race~~ of ~~children reunified with their parents or custodians;~~
456		-	14.~~10 (7)~~ the ~~number and race of children whose parents or custodians are offered~~ family ~~group~~
457		-	14.~~11decision-making services;~~
458		-	14.~~12 (8)~~ the ~~number and race of children whose parents or custodians are offered the parent~~
459		-	14.~~13support outreach program;~~
460		-	14.~~14 (9)~~ the ~~number and race~~ of ~~children in foster care or out-of-home placement at~~ the ~~time~~
461		-	14.~~15that the data is gathered;~~
462		-	14.~~16 (10) the number and race~~ of ~~children who achieve permanency through~~ a ~~transfer of~~
463		-	14.~~17permanent legal and physical custody to~~ a ~~relative~~ or ~~an adoption;~~ ~~and~~
464		-	14.~~18 (11)~~ the ~~number and race of children who are under the guardianship of the commissioner~~
465		-	14.~~19or awaiting~~ a ~~permanency disposition.~~
466		-	14.~~20 (c) The required case review must also:~~
467		-	14.~~21 (1) identify barriers to reunifying children with their families~~;
468		-	14.~~22 (2) identify~~ the ~~family conditions that led to the out-of-home placement;~~
469		-	14.~~23 (3) identify any barriers to accessing culturally informed mental health~~ or ~~substance use~~
470		-	14.~~24disorder treatment services for the parents~~ or ~~children~~;
471		-	14.~~25 (4) document efforts to identify fathers and maternal and paternal relatives and to provide~~
472		-	14.~~26services to custodial and noncustodial fathers, if appropriate~~; ~~and~~
473		-	14.~~27 (5) document~~ and ~~summarize court reviews of active efforts.~~
474		-	14.~~28 (d) Any responsible social services agency that has a case review showing~~
475		-	14.~~29disproportionality and disparities in child welfare outcomes for African American and other~~
476		-	14.~~30disproportionately represented children and the children's families~~, ~~compared~~ to ~~the agency's~~
477		-	14.~~31overall outcomes~~, ~~must include~~ in ~~their case review summary report a remediation plan with~~
	405	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 13.1 (4) inquire into efforts that have been made to place the child with a relative, including
	406	+	13.2asking a parent or custodian whether the responsible social services agency discussed with
	407	+	13.3them the placement of the child with a relative;
	408	+	13.4 (5) determine that the out-of-home placement proposed by the responsible services
	409	+	13.5agency is the least disruptive and most family-like setting that meets the needs of the child;
	410	+	13.6 (6) evaluate the services provided to the family to prevent or eliminate the need for
	411	+	13.7removal of the child from the child's home. If the petition for a child in need of child
	412	+	13.8protective services or other information before the court alleges that homelessness or the
	413	+	13.9lack of suitable housing was a significant factor contributing to the removal of the child,
	414	+	13.10the court shall inquire as to whether housing assistance was provided to the family to prevent
	415	+	13.11or eliminate the need for the removal of the child or children; and
	416	+	13.12 (7) determine whether it is in the best interests of the child to remain enrolled in the
	417	+	13.13school, developmental program, or child care program where the child was enrolled prior
	418	+	13.14to the removal and evaluate the efforts that have been made to maintain the child in the
	419	+	13.15school or program if it is in the child's best interests.
	420	+	13.16 Subd. 2.Active efforts.(a) At each hearing regarding an African American or a
	421	+	13.17disproportionately represented child who is alleged or adjudicated to be in need of protection
	422	+	13.18or services, the court shall review whether the responsible social services agency has provided
	423	+	13.19active efforts to the child and the child's family and shall require the responsible social
	424	+	13.20services agency to provide evidence and documentation that demonstrates that the agency
	425	+	13.21is providing culturally informed, strength-based, community-involved, and community-based
	426	+	13.22services to the child and the child's family.
	427	+	13.23 (b) When determining whether the responsible social services agency has made active
	428	+	13.24efforts to preserve the child's family, the court shall make findings regarding whether the
	429	+	13.25responsible social services agency made appropriate and meaningful services available to
	430	+	13.26the child's family based upon the family's specific needs. If a court determines that the
	431	+	13.27responsible social services agency did not make active efforts to preserve the family as
	432	+	13.28required by this section, the court shall order the responsible social services agency to
	433	+	13.29immediately provide active efforts to the child and child's family to preserve the family.
	434	+	13Sec. 8.
	435	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 14.1 Sec. 9. [260.69] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
	436	+	14.2CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
	437	+	14.3PROCEEDINGS.
	438	+	14.4 Subdivision 1.Preference for transfer of permanent legal and physical custody.If
	439	+	14.5an African American or a disproportionately represented child cannot be returned to the
	440	+	14.6child's parent, the court shall consider the requirements of and responsibilities under section
	441	+	14.7260.012, paragraph (a), and, if possible, transfer permanent legal and physical custody of
	442	+	14.8the child to:
	443	+	14.9 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
	444	+	14.10return to the care of the parent or custodian from whom the child was removed or who had
	445	+	14.11legal custody at the time that the child was placed in foster care; or
	446	+	14.12 (2) a willing and able relative, according to the requirements of section 260C.515,
	447	+	14.13subdivision 4, if the court determines that reunification with the child's family is not an
	448	+	14.14appropriate permanency option for the child. Prior to the court ordering a transfer of
	449	+	14.15permanent legal and physical custody to a relative who is not a parent, the responsible social
	450	+	14.16services agency must inform the relative of Northstar kinship assistance benefits and
	451	+	14.17eligibility requirements, and of the relative's ability to apply for benefits on behalf of the
	452	+	14.18child under chapter 256N.
	453	+	14.19 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
	454	+	14.20the parental rights of a parent of an African American or a disproportionately represented
	455	+	14.21child based solely on the parent's failure to complete case plan requirements.
	456	+	14.22 (b) Except as provided in paragraph (c), a court shall not terminate the parental rights
	457	+	14.23of a parent of an African American or a disproportionately represented child in a child
	458	+	14.24placement proceeding unless the allegations against the parent involve sexual abuse;
	459	+	14.25egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
	460	+	14.26or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
	461	+	14.27first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
	462	+	14.28of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
	463	+	14.29assault by strangulation under section 609.2247; felony domestic assault under section
	464	+	14.30609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
	465	+	14.31promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
	466	+	14.32or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
	467	+	14.33609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
	468	+	14.34section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
478	469		14Sec. 9.
479		-	REVISOR BD H0912-3HF912 ~~THIRD~~ ENGROSSMENT 15.~~1measurable outcomes to identify,~~ ~~address, and reduce the factors that led to the~~
480		-	15.~~2disproportionality and disparities in the agency's~~ child ~~welfare outcomes~~. ~~The remediation~~
481		-	15.~~3plan shall also include information about how the responsible social services agency will~~
482		-	15.~~4achieve and document trauma-informed, positive~~ child ~~well-being outcomes through~~
483		-	15.~~5remediation efforts.~~
484		-	15.~~6 Subd~~. ~~3.Noncompliance.Any responsible social services agency that fails to comply~~
485		-	15.~~7with this section is subject to corrective action~~ and ~~a fine determined by the commissioner.~~
486		-	15.~~8The commissioner shall use fines received under this subdivision~~ to ~~support compliance~~
487		-	15.~~9with this act but shall not use amounts received to supplant funding for existing services~~.
488		-	15.10 ~~EFFECTIVE DATE.~~This ~~section is effective July 1,~~ ~~2027, except as provided under~~
489		-	15.~~11section 20.~~
490		-	15.~~12Sec. 10.~~ ~~[260.69] CULTURAL COMPETENCY TRAINING~~ FOR ~~INDIVIDUALS~~
491		-	15.~~13WORKING WITH AFRICAN AMERICAN AND DISPROPORTIONATELY~~
492		-	15.~~14REPRESENTED CHILDREN~~.
493		-	15.15 Subdivision ~~1.Applicability.The commissioner~~ of ~~human services must collaborate~~
494		-	15.~~16with~~ the ~~Children's Justice Initiative to ensure that cultural competency training is given to~~
495		-	15.~~17individuals working in~~ the ~~child welfare system,~~ ~~including child welfare workers,~~ ~~supervisors,~~
496		-	15.~~18attorneys, juvenile court judges,~~ and ~~family law judges.~~
497		-	15.~~19 Subd~~. ~~2.Training.(a) The commissioner must develop training content and establish~~
498		-	15.~~20the frequency of trainings~~.
499		-	15.~~21 (b) The cultural competency training under this section is required prior~~ to ~~or within six~~
500		-	15.~~22months of beginning work with~~ any ~~African American or disproportionately represented~~
501		-	15.~~23child and their family. A responsible social~~ services ~~agency staff person who is unable to~~
502		-	15.~~24complete the cultural competency training prior~~ to ~~working with African American or~~
503		-	15.~~25disproportionately represented children and their families must work with a qualified staff~~
504		-	15.~~26person within the agency who has completed cultural competency training until the person~~
505		-	15.~~27is able~~ to ~~complete the required training. The training must~~ be ~~available by January 1,~~ ~~2027,~~
506		-	15.~~28and must:~~
507		-	15.~~29 (1) be provided by an African American individual or individual from a community that~~
508		-	15.~~30is disproportionately represented in the child welfare system who is knowledgeable about~~
509		-	15.~~31African~~ American ~~and other~~ disproportionately ~~represented social and cultural norms and~~
510		-	15.~~32historical trauma;~~
	470	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 15.1section 609.352; possession of pornographic work involving minors under section 617.247;
	471	+	15.2malicious punishment or neglect or endangerment of a child under section 609.377 or
	472	+	15.3609.378; use of a minor in sexual performance under section 617.246; or failing to protect
	473	+	15.4a child from an overt act or condition that constitutes egregious harm.
	474	+	15.5 (c) The court may terminate the parental rights of a parent of an African American or a
	475	+	15.6disproportionately represented child under section 260C.301, subdivision 1, paragraph (b),
	476	+	15.7clause (4) or (6), if a transfer of permanent legal and physical custody under subdivision 1
	477	+	15.8is not possible because the child has no willing or able noncustodial parent or relative to
	478	+	15.9whom custody can be transferred.
	479	+	15.10 (d) Nothing in this subdivision precludes the court from terminating the parental rights
	480	+	15.11of a parent of an African American or a disproportionately represented child if the parent
	481	+	15.12desires to voluntarily terminate the parent's own parental rights for good cause under section
	482	+	15.13260C.301, subdivision 1, paragraph (a).
	483	+	15.14 Subd. 3.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
	484	+	15.15rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
	485	+	15.16child whose parental rights have been terminated may appeal the decision within 90 days
	486	+	15.17of the service of notice by the court administrator of the filing of the court's order.
	487	+	15.18Sec. 10. [260.694] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
	488	+	15.19CASE REVIEW.
	489	+	15.20 Subdivision 1.Responsible social services agency conduct.(a) A responsible social
	490	+	15.21services agency employee who has duties related to child protection shall not knowingly:
	491	+	15.22 (1) make untrue statements about any case involving a child alleged to be in need of
	492	+	15.23protection or services;
	493	+	15.24 (2) intentionally withhold any information that may be material to a case involving a
	494	+	15.25child alleged to be in need of protection or services; or
	495	+	15.26 (3) fabricate or falsify any documentation or evidence relating to a case involving a child
	496	+	15.27alleged to be in need of protection or services.
	497	+	15.28 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
	498	+	15.29employment action.
	499	+	15.30 Subd. 2.Commissioner notification.(a) When a responsible social services agency
	500	+	15.31makes a maltreatment determination involving an African American or a disproportionately
	501	+	15.32represented child or places an African American or a disproportionately represented child
511	502		15Sec. 10.
512		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 16.1 (2) raise awareness and increase a person's competency to value diversity, conduct a
513		-	16.2self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
514		-	16.3to diversity and the cultural contexts of communities served;
515		-	16.4 (3) include instruction on effectively developing a safety plan and instruction on engaging
516		-	16.5a safety network; and
517		-	16.6 (4) be accessible and comprehensive and include the ability to ask questions.
518		-	16.7 (c) The training may be provided in a series of segments, either in person or online.
519		-	16.8 Subd. 3.Update.The commissioner must provide an update to the chairs and ranking
520		-	16.9minority members of the legislative committees with jurisdiction over child protection by
521		-	16.10July 1, 2028, on the rollout of the training under subdivision 1 and the content and
522		-	16.11accessibility of the training under subdivision 2.
523		-	16.12 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
524		-	16.13section 20.
525		-	16.14Sec. 11. [260.691] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
526		-	16.15COUNCIL.
527		-	16.16 Subdivision 1.Duties.The African American Child Well-Being Advisory Council must:
528		-	16.17 (1) review annual reports related to African American children involved in the child
529		-	16.18welfare system. The annual reports may include but are not limited to the maltreatment,
530		-	16.19out-of-home placement, and permanency of African American children;
531		-	16.20 (2) assist with and make recommendations to the commissioner for developing strategies
532		-	16.21to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote
533		-	16.22culturally appropriate foster care and shelter or facility placement decisions and settings for
534		-	16.23African American children in need of out-of-home placement, ensure timely achievement
535		-	16.24of permanency, and improve child welfare outcomes for African American children and
536		-	16.25their families;
537		-	16.26 (3) review summary reports on targeted case reviews prepared by the commissioner to
538		-	16.27ensure that responsible social services agencies meet the needs of African American children
539		-	16.28and their families. Based on data collected from those reviews, the council shall assist the
540		-	16.29commissioner with developing strategies needed to improve any identified child welfare
541		-	16.30outcomes, including but not limited to maltreatment, out-of-home placement, and permanency
542		-	16.31for African American children;
543		-	16Sec. 11.
544		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 17.1 (4) assist the Cultural and Ethnic Communities Leadership Council with making
545		-	17.2recommendations to the commissioner and the legislature for public policy and statutory
546		-	17.3changes that specifically consider the needs of African American children and their families
547		-	17.4involved in the child welfare system;
548		-	17.5 (5) advise the commissioner on stakeholder engagement strategies and actions that the
549		-	17.6commissioner and responsible social services agencies may take to improve child welfare
550		-	17.7outcomes for African American children and their families;
551		-	17.8 (6) assist the commissioner with developing strategies for public messaging and
552		-	17.9communication related to racial disproportionality and disparities in child welfare outcomes
553		-	17.10for African American children and their families;
554		-	17.11 (7) assist the commissioner with identifying and developing internal and external
555		-	17.12partnerships to support adequate access to services and resources for African American
556		-	17.13children and their families, including but not limited to housing assistance, employment
557		-	17.14assistance, food and nutrition support, health care, child care assistance, and educational
558		-	17.15support and training; and
559		-	17.16 (8) assist the commissioner with developing strategies to promote the development of
560		-	17.17a culturally diverse and representative child welfare workforce in Minnesota that includes
561		-	17.18professionals who are reflective of the community served and who have been directly
562		-	17.19impacted by lived experiences within the child welfare system. The council must also assist
563		-	17.20the commissioner with exploring strategies and partnerships to address education and training
564		-	17.21needs, hiring, recruitment, retention, and professional advancement practices.
565		-	17.22 Subd. 2.Annual report.By January 1, 2026, and annually thereafter, the council shall
566		-	17.23report to the chairs and ranking minority members of the legislative committees with
567		-	17.24jurisdiction over child protection on the council's activities under subdivision 1 and other
568		-	17.25issues on which the council chooses to report. The report may include recommendations
569		-	17.26for statutory changes to improve the child protection system and child welfare outcomes
570		-	17.27for African American children and families.
571		-	17.28 EFFECTIVE DATE.This section is effective July 1, 2024.
572		-	17.29Sec. 12. [260.692] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
573		-	17.30 Subdivision 1.Duties.The African American Child Well-Being Unit, currently being
574		-	17.31established by the commissioner, must:
575		-	17.32 (1) assist with the development of African American cultural competency training and
576		-	17.33review child welfare curriculum in the Minnesota Child Welfare Training Academy to
577		-	17Sec. 12.
578		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 18.1ensure that responsible social services agency staff and other child welfare professionals
579		-	18.2are appropriately prepared to engage with African American children and their families and
580		-	18.3to support family preservation and reunification;
581		-	18.4 (2) provide technical assistance, including on-site technical assistance, and case
582		-	18.5consultation to responsible social services agencies to assist agencies with implementing
583		-	18.6and complying with the Minnesota African American Family Preservation and Child Welfare
584		-	18.7Disproportionality Act;
585		-	18.8 (3) monitor individual county and statewide disaggregated and nondisaggregated data
586		-	18.9to identify trends and patterns in child welfare outcomes, including but not limited to
587		-	18.10reporting, maltreatment, out-of-home placement, and permanency of African American
588		-	18.11children and develop strategies to address disproportionality and disparities in the child
589		-	18.12welfare system;
590		-	18.13 (4) develop and implement a system for conducting case reviews when the commissioner
591		-	18.14receives reports of noncompliance with the Minnesota African American Family Preservation
592		-	18.15and Child Welfare Disproportionality Act or when requested by the parent or custodian of
593		-	18.16an African American child. Case reviews may include but are not limited to a review of
594		-	18.17placement prevention efforts, safety planning, case planning and service provision by the
595		-	18.18responsible social services agency, relative placement consideration, and permanency
596		-	18.19planning;
597		-	18.20 (5) establish and administer a request for proposals process for African American and
598		-	18.21disproportionately represented family preservation grants under section 260.693, monitor
599		-	18.22grant activities, and provide technical assistance to grantees;
600		-	18.23 (6) in coordination with the African American Child Well-Being Advisory Council,
601		-	18.24coordinate services and create internal and external partnerships to support adequate access
602		-	18.25to services and resources for African American children and their families, including but
603		-	18.26not limited to housing assistance, employment assistance, food and nutrition support, health
604		-	18.27care, child care assistance, and educational support and training; and
605		-	18.28 (7) develop public messaging and communication to inform the public about racial
606		-	18.29disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities,
607		-	18.30and resources available to African American children and their families involved in the
608		-	18.31child welfare system.
609		-	18.32 Subd. 2.Case reviews.(a) The African American Child Well-Being Unit must conduct
610		-	18.33systemic case reviews to monitor targeted child welfare outcomes, including but not limited
611		-	18.34to maltreatment, out-of-home placement, and permanency of African American children.
612		-	18Sec. 12.
613		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 19.1 (b) The reviews under this subdivision must be conducted using a random sampling of
614		-	19.2representative child welfare cases stratified for certain case-related factors, including but
615		-	19.3not limited to case type, maltreatment type, if the case involves out-of-home placement,
616		-	19.4and other demographic variables. In conducting the reviews, unit staff may use court records
617		-	19.5and documents, information from the social services information system, and other available
618		-	19.6case file information to complete the case reviews.
619		-	19.7 (c) The frequency of the reviews and the number of cases, child welfare outcomes, and
620		-	19.8selected counties reviewed shall be determined by the unit in consultation with the African
621		-	19.9American Child Well-Being Advisory Council, with consideration given to the availability
622		-	19.10of unit resources needed to conduct the reviews.
623		-	19.11 (d) The unit must monitor all case reviews and use the collective case review information
624		-	19.12and data to generate summary case review reports, ensure compliance with the Minnesota
625		-	19.13African American Family Preservation and Child Welfare Disproportionality Act, and
626		-	19.14identify trends or patterns in child welfare outcomes for African American children.
627		-	19.15 (e) The unit must review information from members of the public received through the
628		-	19.16compliance and feedback portal, including policy and practice concerns related to individual
629		-	19.17child welfare cases. After assessing a case concern, the unit may determine if further
630		-	19.18necessary action should be taken, which may include coordinating case remediation with
631		-	19.19other relevant child welfare agencies in accordance with data privacy laws, including the
632		-	19.20African American Child Well-Being Advisory Council, and offering case consultation and
633		-	19.21technical assistance to the responsible local social services agency as needed or requested
634		-	19.22by the agency.
635		-	19.23 Subd. 3.Reports.(a) The African American Child Well-Being Unit must provide regular
636		-	19.24updates on unit activities, including summary reports of case reviews, to the African
637		-	19.25American Child Well-Being Advisory Council and must publish an annual census of African
638		-	19.26American children in out-of-home placements statewide. The annual census must include
639		-	19.27data on the types of placements, age and sex of the children, how long the children have
640		-	19.28been in out-of-home placements, and other relevant demographic information.
641		-	19.29 (b) The African American Child Well-Being Unit shall gather summary data about the
642		-	19.30practice and policy inquiries and individual case concerns received through the compliance
643		-	19.31and feedback portal under subdivision 2, paragraph (e). The unit shall provide regular reports
644		-	19.32of the nonidentifying compliance and feedback portal summary data to the African American
645		-	19.33Child Well-Being Advisory Council to identify child welfare trends and patterns to assist
646		-	19Sec. 12.
647		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 20.1with developing policy and practice recommendations to support eliminating disparity and
648		-	20.2disproportionality for African American children.
649		-	20.3 EFFECTIVE DATE.This section is effective July 1, 2024.
650		-	20.4 Sec. 13. [260.693] AFRICAN AMERICAN AND DISPROPORTIONATELY
651		-	20.5REPRESENTED FAMILY PRESERVATION GRANTS.
652		-	20.6 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
653		-	20.7to organizations, service providers, and programs owned and led by African Americans and
654		-	20.8other individuals from communities disproportionately represented in the child welfare
655		-	20.9system to provide services and support for African American and disproportionately
656		-	20.10represented children and their families involved in Minnesota's child welfare system,
657		-	20.11including supporting existing eligible services and facilitating the development of new
658		-	20.12services and providers, to create a more expansive network of service providers available
659		-	20.13for African American and disproportionately represented children and their families.
660		-	20.14 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
661		-	20.15are not limited to:
662		-	20.16 (1) child out-of-home placement prevention and reunification services;
663		-	20.17 (2) family-based services and reunification therapy;
664		-	20.18 (3) culturally specific individual and family counseling;
665		-	20.19 (4) court advocacy;
666		-	20.20 (5) training for and consultation to responsible social services agencies and private social
667		-	20.21services agencies regarding this act;
668		-	20.22 (6) development and promotion of culturally informed, affirming, and responsive
669		-	20.23community-based prevention and family preservation services that target the children, youth,
670		-	20.24families, and communities of African American and African heritage experiencing the
671		-	20.25highest disparities, disproportionality, and overrepresentation in the Minnesota child welfare
672		-	20.26system;
673		-	20.27 (7) culturally affirming and responsive services that work with children and families in
674		-	20.28their communities to address their needs and ensure child and family safety and well-being
675		-	20.29within a culturally appropriate lens and framework;
676		-	20.30 (8) services to support informal kinship care arrangements; and
677		-	20Sec. 13.
678		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 21.1 (9) other activities and services approved by the commissioner that further the goals of
679		-	21.2the Minnesota African American Family Preservation and Child Welfare Disproportionality
680		-	21.3Act, including but not limited to the recruitment of African American staff and staff from
681		-	21.4other communities disproportionately represented in the child welfare system to work for
682		-	21.5responsible social services agencies and licensed child-placing agencies.
683		-	21.6 (b) The commissioner may specify the priority of an activity and service based on its
684		-	21.7success in furthering these goals. The commissioner shall give preference to programs and
685		-	21.8service providers that are located in or serve counties with the highest rates of child welfare
686		-	21.9disproportionality for African American and other disproportionately represented children
687		-	21.10and their families and employ staff who represent the population primarily served.
688		-	21.11 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
689		-	21.12existing services or for the following purposes:
690		-	21.13 (1) child day care that is necessary solely because of the employment or training for
691		-	21.14employment of a parent or another relative with whom the child is living;
692		-	21.15 (2) foster care maintenance or difficulty of care payments;
693		-	21.16 (3) residential treatment facility payments;
694		-	21.17 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
695		-	21.18or 256N;
696		-	21.19 (5) public assistance payments for Minnesota family investment program assistance,
697		-	21.20supplemental aid, medical assistance, general assistance, general assistance medical care,
698		-	21.21or community health services; or
699		-	21.22 (6) administrative costs for income maintenance staff.
700		-	21.23 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
701		-	21.24under subdivisions 1, 2, and 3 and specify the information and criteria required.
702		-	21.25 EFFECTIVE DATE.This section is effective July 1, 2024.
703		-	21.26Sec. 14. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
704		-	21.27 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
705		-	21.28under a previous order of the court, a child who is ten years of age or older, the responsible
706		-	21.29social services agency, or a guardian ad litem may file a petition for the reestablishment of
707		-	21.30the legal parent and child relationship. A parent filing a petition under this section shall pay
708		-	21.31a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The
709		-	21Sec. 14.
710		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 22.1filing fee may be waived pursuant to chapter 563. A petition for the reestablishment of the
711		-	22.2legal parent and child relationship may be filed when:
712		-	22.3 (1) in cases where the county attorney is the petitioning party, both the responsible social
713		-	22.4services agency and the county attorney agree that reestablishment of the legal parent and
714		-	22.5child relationship is in the child's best interests;
715		-	22.6 (2) (1) the parent has corrected the conditions that led to an order terminating parental
716		-	22.7rights;
717		-	22.8 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain
718		-	22.9the health, safety, and welfare of the child;
719		-	22.10 (4) (3) the child has been in foster care for at least 48 24 months after the court issued
720		-	22.11the order terminating parental rights;
721		-	22.12 (5) (4) the child has not been adopted; and
722		-	22.13 (6) (5) the child is not the subject of a written adoption placement agreement between
723		-	22.14the responsible social services agency and the prospective adoptive parent, as required under
724		-	22.15Minnesota Rules, part 9560.0060, subpart 2.
725		-	22.16 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
726		-	22.17section 20.
727		-	22.18Sec. 15. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
728		-	22.19 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
729		-	22.20legal parent and child relationship only if it finds by clear and convincing evidence that:
730		-	22.21 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
731		-	22.22 (2) the child has not been adopted;
732		-	22.23 (3) the child is not the subject of a written adoption placement agreement between the
733		-	22.24responsible social services agency and the prospective adoptive parent, as required under
734		-	22.25Minnesota Rules, part 9560.0060, subpart 2;
735		-	22.26 (4) at least 48 24 months have elapsed following a final order terminating parental rights
736		-	22.27and the child remains in foster care;
737		-	22.28 (5) the child desires to reside with the parent;
738		-	22.29 (6) the parent has corrected the conditions that led to an order terminating parental rights;
739		-	22.30and
740		-	22Sec. 15.
741		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 23.1 (7) the parent is willing and has the capability to provide day-to-day care and maintain
742		-	23.2the health, safety, and welfare of the child.
743		-	23.3 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
744		-	23.4section 20.
745		-	23.5 Sec. 16. DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
746		-	23.6DISAGGREGATE DATA.
747		-	23.7 The commissioner of human services must establish a process to improve the
748		-	23.8disaggregation of data to monitor child welfare outcomes for African American and other
749		-	23.9disproportionately represented children in the child welfare system. The commissioner must
750		-	23.10begin disaggregating data by January 1, 2027.
751		-	23.11 EFFECTIVE DATE.This section is effective July 1, 2027.
752		-	23.12Sec. 17. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
753		-	23.13 The commissioner of human services shall develop, maintain, and administer a publicly
754		-	23.14accessible online compliance and feedback portal to receive reports of noncompliance with
755		-	23.15the Minnesota African American Family Preservation and Child Welfare Disproportionality
756		-	23.16Act under Minnesota Statutes, sections 260.61 to 260.693, and other statutes related to child
757		-	23.17maltreatment, safety, and placement. Reports received through the portal must be transferred
758		-	23.18for review and further action to the appropriate unit or department within the Department
759		-	23.19of Human Services, including but not limited to the African American Child Well-Being
760		-	23.20Unit.
761		-	23.21 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
762		-	23.22section 20.
763		-	23.23Sec. 18. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
764		-	23.24IN FOSTER CARE BEST PRACTICES.
765		-	23.25 The commissioner of human services shall develop and publish guidance on best practices
766		-	23.26for ensuring that African American and disproportionately represented children in foster
767		-	23.27care maintain connections and relationships with their parents, custodians, and extended
768		-	23.28relatives. The commissioner shall also develop and publish best practice guidance on
769		-	23.29engaging and assessing noncustodial and nonadjudicated parents to care for their African
770		-	23.30American or disproportionately represented children who cannot remain with the children's
771		-	23.31custodial parents.
772		-	23Sec. 18.
773		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 24.1 EFFECTIVE DATE.This section is effective July 1, 2027, except as provided under
774		-	24.2section 20.
775		-	24.3 Sec. 19. DIRECTION TO COMMISSIONER; COMPLIANCE SYSTEM REVIEW
776		-	24.4DEVELOPMENT .
777		-	24.5 (a) By January 1, 2026, the commissioner of human services, in consultation with counties
778		-	24.6and the working group established under section 21, must develop a system to review county
779		-	24.7compliance with the Minnesota African American Family Preservation and Child Welfare
780		-	24.8Disproportionality Act. The system may include but is not limited to the cases to be reviewed,
781		-	24.9the criteria to be reviewed to demonstrate compliance, the rate of noncompliance and the
782		-	24.10coordinating penalty, the program improvement plan, and training.
783		-	24.11 (b) By January 1, 2026, the commissioner of human services must provide a report to
784		-	24.12the chairs and ranking minority members of the legislative committees with jurisdiction
785		-	24.13over child welfare on the proposed compliance system review process and language to
786		-	24.14codify that process in statute.
787		-	24.15 EFFECTIVE DATE.This section is effective July 1, 2024.
788		-	24.16Sec. 20. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
789		-	24.17CHILD WELFARE DISPROPORTIONALITY ACT; PHASE-IN PROGRAM.
790		-	24.18 (a) The commissioner of human services must establish a phase-in program that
791		-	24.19implements sections 1 to 17 in Hennepin and Ramsey Counties. The commissioner may
792		-	24.20allow additional counties to participate in the phase-in program upon the request of the
793		-	24.21counties.
794		-	24.22 (b) The commissioner of human services must report on the outcomes of the phase-in
795		-	24.23program, including the number of participating families, the rate of children in out-of-home
796		-	24.24placement, and the measures taken to prevent out-of-home placement for each participating
797		-	24.25family, to the chairs and ranking minority members of the legislative committees with
798		-	24.26jurisdiction over child welfare.
799		-	24.27 (c) Sections 1 to 17 are effective July 1, 2024, for purposes of this phase-in program.
800		-	24.28 (d) This section expires July 1, 2027.
801		-	24.29 EFFECTIVE DATE.This section is effective July 1, 2024.
802		-	24Sec. 20.
803		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT 25.1 Sec. 21. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
804		-	25.2CHILD WELFARE DISPROPORTIONALITY ACT; WORKING GROUP.
805		-	25.3 (a) The commissioner of human services must establish a working group to provide
806		-	25.4guidance and oversight for the Minnesota African American Family Preservation and Child
807		-	25.5Welfare Disproportionality Act phase-in program.
808		-	25.6 (b) The members of the working group must include representatives from the Minnesota
809		-	25.7Association of County Social Service Administrators, the Association of Minnesota Counties,
810		-	25.8Hennepin County, Ramsey County, the Department of Human Services, and community
811		-	25.9organizations with experience in child welfare. The legislature may provide recommendations
812		-	25.10to the commissioner on the selection of the representatives from the community organizations.
813		-	25.11 (c) The working group must provide oversight of the phase-in program and evaluate the
814		-	25.12cost of the phase-in program. The working group must also assess future costs of
815		-	25.13implementing the Minnesota African American Family Preservation and Child Welfare
816		-	25.14Disproportionality Act statewide.
817		-	25.15 (d) By June 30, 2026, the working group must develop an implementation plan and best
818		-	25.16practices for the Minnesota African American Family Preservation and Child Welfare
819		-	25.17Disproportionality Act to go into effect statewide.
820		-	25.18 EFFECTIVE DATE.This section is effective July 1, 2024.
821		-	25.19Sec. 22. DIRECTION TO COMMISSIONER; IMPLEMENTATION COSTS.
822		-	25.20 The commissioner of human services must handle any administrative or implementation
823		-	25.21costs for the Minnesota African American Family Preservation and Child Welfare
824		-	25.22Disproportionality Act within the limits of existing funding.
825		-	25.23Sec. 23. APPROPRIATION; MINNESOTA AFRICAN AMERICAN FAMILY
826		-	25.24PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT
827		-	25.25PHASE-IN PROGRAM GRANTS.
828		-	25.26 $5,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
829		-	25.27of human services for grants to Hennepin and Ramsey Counties to implement the Minnesota
830		-	25.28African American Family Preservation and Child Welfare Disproportionality Act phase-in
831		-	25.29program. Of this amount, $2,500,000 must be provided to Hennepin County and $2,500,000
832		-	25.30must be provided to Ramsey County. The commissioner must handle any administrative or
833		-	25.31implementation costs for the phase-in program within the limits of existing funding. This
834		-	25.32is a onetime appropriation and is available until June 30, 2026.
835		-	25Sec. 23.
836		-	REVISOR BD H0912-3HF912 THIRD ENGROSSMENT
	503	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 16.1in a foster care placement, the agency shall, within seven days of making a maltreatment
	504	+	16.2determination or initiating the child's foster care placement, notify the commissioner of the
	505	+	16.3maltreatment determination or foster care placement and of the steps that the agency has
	506	+	16.4taken to investigate and remedy the conditions that led to the maltreatment determination
	507	+	16.5or foster care placement. Upon receiving this notice, the commissioner shall review the
	508	+	16.6responsible social services agency's handling of the child's case to ensure that the case plan
	509	+	16.7and services address the unique needs of the child and the child's family and that the agency
	510	+	16.8is making active efforts to reunify and preserve the child's family. At all stages of a case
	511	+	16.9involving an African American or a disproportionately represented child, the responsible
	512	+	16.10social services agency shall, upon request, fully cooperate with the commissioner and the
	513	+	16.11African American Child Well-Being Advisory Council, if applicable, and, as appropriate
	514	+	16.12and as permitted under statute, provide access to all relevant case files.
	515	+	16.13 (b) Following a responsible social services agency adoptive placement decision involving
	516	+	16.14an African American or a disproportionately represented child under the guardianship of
	517	+	16.15the commissioner, the responsible social services agency shall immediately notify the
	518	+	16.16commissioner of the agency's decision and of the right of intervention. The commissioner
	519	+	16.17has the right to intervene in cases where a determination of noncompliance with this act
	520	+	16.18was made. The notice must include the identity of the child and the child's parents whose
	521	+	16.19parental rights were terminated or who consented to the child's adoption. Upon receipt of
	522	+	16.20the notice and prior to processing an adoption placement agreement, the commissioner shall
	523	+	16.21review the case to ensure that the requirements of this act have been met. When the
	524	+	16.22responsible social services agency has identified a nonrelative as an African American or
	525	+	16.23a disproportionately represented child's adoptive placement, no preadoptive or adoptive
	526	+	16.24placement proceeding may be held until at least 30 days after the commissioner receives
	527	+	16.25the required notice and indicates an intent to exercise the commissioner's right of intervention,
	528	+	16.26or until an adoption home study can be completed for a relative adoption, whichever occurs
	529	+	16.27first. If the commissioner requests additional time to prepare for the proceeding, the district
	530	+	16.28court must grant the commissioner up to 30 additional days to prepare for the proceeding.
	531	+	16.29In cases in which a responsible social services agency or party to a preadoptive or adoptive
	532	+	16.30placement knows or has reason to believe that a child is or may be African American or a
	533	+	16.31disproportionately represented child, proof of service upon the commissioner must be filed
	534	+	16.32with the adoption petition.
	535	+	16.33 Subd. 3.Case review.(a) Each responsible social services agency shall conduct a review
	536	+	16.34of all child protection cases handled by the agency every 24 months, after establishing a
	537	+	16.352024 baseline. The responsible social services agency shall report the agency's findings to
	538	+	16Sec. 10.
	539	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 17.1the county board, related child welfare committees, the African American Child Well-Being
	540	+	17.2Advisory Council, the Children's Justice Initiative team, the commissioner, and community
	541	+	17.3stakeholders within six months of gathering the relevant case data. When the case review
	542	+	17.4consists of fewer than five cases, the responsible social services agency must only report
	543	+	17.5the case data to the African American Child Well-Being Advisory Council. The case review
	544	+	17.6must include:
	545	+	17.7 (1) the number of African American and disproportionately represented children
	546	+	17.8represented in the county child welfare system;
	547	+	17.9 (2) the number and sources of maltreatment reports received and reports screened in for
	548	+	17.10investigation or referred for family assessment and the race of the children and parents or
	549	+	17.11custodians involved in each report;
	550	+	17.12 (3) the number and race of children and parents or custodians who receive in-home
	551	+	17.13preventive case management services;
	552	+	17.14 (4) the number and race of children whose parents or custodians are referred to
	553	+	17.15community-based, culturally appropriate, strength-based, or trauma-informed services;
	554	+	17.16 (5) the number and race of children removed from their homes;
	555	+	17.17 (6) the number and race of children reunified with their parents or custodians;
	556	+	17.18 (7) the number and race of children whose parents or custodians are offered family group
	557	+	17.19decision-making services;
	558	+	17.20 (8) the number and race of children whose parents or custodians are offered the parent
	559	+	17.21support outreach program;
	560	+	17.22 (9) the number and race of children in foster care or out-of-home placement at the time
	561	+	17.23that the data is gathered;
	562	+	17.24 (10) the number and race of children who achieve permanency through a transfer of
	563	+	17.25permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
	564	+	17.26and
	565	+	17.27 (11) the number and race of children who are under the guardianship of the commissioner
	566	+	17.28or awaiting a permanency disposition.
	567	+	17.29 (b) The required case review must also:
	568	+	17.30 (1) identify barriers to reunifying children with their families;
	569	+	17.31 (2) identify the family conditions that led to the out-of-home placement;
	570	+	17Sec. 10.
	571	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 18.1 (3) identify any barriers to accessing culturally informed mental health or substance use
	572	+	18.2disorder treatment services for the parents or children;
	573	+	18.3 (4) document efforts to identify fathers and maternal and paternal relatives and to provide
	574	+	18.4services to custodial and noncustodial fathers, if appropriate; and
	575	+	18.5 (5) document and summarize court reviews of active efforts.
	576	+	18.6 (c) Any responsible social services agency that has a case review showing
	577	+	18.7disproportionality and disparities in child welfare outcomes for African American and other
	578	+	18.8disproportionately represented children and families, compared to the agency's overall
	579	+	18.9outcomes, must develop a remediation plan to be approved by the commissioner. The
	580	+	18.10responsible social services agency must develop the plan within 30 days of finding the
	581	+	18.11disproportionality or disparities and must make measurable improvements within 12 months
	582	+	18.12of the date that the commissioner approves the remediation plan. A responsible social
	583	+	18.13services agency may request assistance from the commissioner to develop a remediation
	584	+	18.14plan. The remediation plan must include measurable outcomes to identify, address, and
	585	+	18.15reduce the factors that led to the disproportionality and disparities in the agency's child
	586	+	18.16welfare outcomes and include information about how the responsible social services agency
	587	+	18.17will achieve and document trauma-informed, positive child well-being outcomes through
	588	+	18.18remediation efforts.
	589	+	18.19 Subd. 4.Noncompliance.Any responsible social services agency that fails to comply
	590	+	18.20with this section is subject to corrective action and a fine determined by the commissioner.
	591	+	18.21The commissioner shall use fines received under this subdivision to support compliance
	592	+	18.22with this act but shall not use amounts received to supplant funding for existing services.
	593	+	18.23Sec. 11. [260.695] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
	594	+	18.24COUNCIL.
	595	+	18.25 Subdivision 1.Duties.The African American Child Well-Being Advisory Council shall:
	596	+	18.26 (1) review annual reports related to African American children in out-of-home placement;
	597	+	18.27 (2) assist in and make recommendations to the commissioner for developing strategies
	598	+	18.28to prevent out-of-home placement, promote culturally appropriate foster care and shelter
	599	+	18.29or facility placement decisions and settings for African American children, and improve
	600	+	18.30child welfare outcomes for African American children and families;
	601	+	18.31 (3) review summary reports on case reviews prepared by the commissioner to ensure
	602	+	18.32that responsible social services agencies meet the needs of African American families. The
	603	+	18.33council may review individual case information with identifying information redacted to
	604	+	18Sec. 11.
	605	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 19.1provide context and oversight and to address disparities in the treatment of African American
	606	+	19.2children and families as compared to other children and families involved in the child welfare
	607	+	19.3system;
	608	+	19.4 (4) assist the Cultural and Ethnic Communities Leadership Council with making
	609	+	19.5recommendations to the commissioner and the legislature for public policy and statutory
	610	+	19.6changes that specifically consider the needs of African American children and families
	611	+	19.7involved in the child welfare system;
	612	+	19.8 (5) advise the commissioner and responsible social services agencies on stakeholder
	613	+	19.9engagement and actions that the commissioner and agencies may take to improve child
	614	+	19.10welfare outcomes for African American children and families;
	615	+	19.11 (6) assist the commissioner with developing strategies for public messaging and
	616	+	19.12communication related to racial disparities in child welfare outcomes for African American
	617	+	19.13children and families;
	618	+	19.14 (7) assist the commissioner with identifying and developing internal and external
	619	+	19.15partnerships to support adequate access to services and resources for African American
	620	+	19.16children and families, including but not limited to housing assistance, employment assistance,
	621	+	19.17food and nutrition support, health care, child care assistance, and educational support and
	622	+	19.18training; and
	623	+	19.19 (8) identify barriers to the development of a racially and ethnically diverse child welfare
	624	+	19.20workforce in Minnesota that includes professionals who have been directly impacted by
	625	+	19.21experiences within the child welfare system and explore strategies and partnerships to
	626	+	19.22address education and training needs and hiring and recruitment practices.
	627	+	19.23 Subd. 2.Case review.(a) The council may initiate a secondary case review of an African
	628	+	19.24American child's case upon the request of a child's parent or custodian or the child if the
	629	+	19.25council determines that a secondary case review is appropriate after reviewing the
	630	+	19.26commissioner's summary report and conclusions from the initial case review. The purpose
	631	+	19.27of a secondary case review under this subdivision is to provide recommendations to the
	632	+	19.28commissioner and the responsible social services agency to improve the child welfare system
	633	+	19.29and provide better outcomes for the child and the child's family.
	634	+	19.30 (b) Upon the request of the parent, custodian, or child, members of the African American
	635	+	19.31Child Well-Being Advisory Council shall have access to the following data, as permitted
	636	+	19.32under applicable statutes, for a child's case review under this subdivision:
	637	+	19.33 (1) law enforcement investigative data;
	638	+	19Sec. 11.
	639	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 20.1 (2) autopsy records and coroner or medical examiner investigative data;
	640	+	20.2 (3) hospital, public health, and other medical records of the child;
	641	+	20.3 (4) hospital and other medical records of the child's parent that relate to prenatal care;
	642	+	20.4 (5) records of any responsible social services agency that provided services to the child
	643	+	20.5or family; and
	644	+	20.6 (6) a responsible social services agency's personnel data regarding any agency employees
	645	+	20.7who provided services to the child or child's family members.
	646	+	20.8A state agency, statewide system, or political subdivision shall provide the data in paragraph
	647	+	20.9(b) to the African American Child Well-Being Advisory Council and the council's members
	648	+	20.10upon request of the commissioner. Not public data may be shared with members of the
	649	+	20.11council in connection with an individual case.
	650	+	20.12 (c) Not public data acquired by the African American Child Well-Being Advisory Council
	651	+	20.13in the exercise of its duties retains its original classification. The commissioner may not
	652	+	20.14disclose data on individuals that were classified as confidential or private data on individuals
	653	+	20.15in possession of the state agency, statewide system, or political subdivision from which the
	654	+	20.16data were received, except that the commissioner may disclose responsible social services
	655	+	20.17agency data as provided in section 260E.35, subdivision 7, on individual cases involving a
	656	+	20.18fatality or near fatality of a person served by the responsible social services agency prior to
	657	+	20.19the date of the death or incident.
	658	+	20.20 (d) The proceedings and records of the council that pertain to the case review of an
	659	+	20.21individual child are private data or confidential data to the extent that they contain data on
	660	+	20.22an active investigation. Information, documents, and records otherwise available from other
	661	+	20.23sources are not immune from discovery or use in a civil or criminal action solely because
	662	+	20.24the information, documents, and records were presented during proceedings of the council.
	663	+	20.25A person who presented information before the council or who is a member of the council
	664	+	20.26is not prevented from testifying about matters within the person's knowledge.
	665	+	20.27 Subd. 3.Annual report.By January 1 of each year, beginning January 1, 2026, the
	666	+	20.28council shall report to the chairs and ranking minority members of the legislative committees
	667	+	20.29with jurisdiction over child protection on the council's activities under this section and other
	668	+	20.30issues of the council's choosing. The report may include recommendations for statutory
	669	+	20.31changes to improve the child protection system and child welfare outcomes for African
	670	+	20.32American children and families.
	671	+	20Sec. 11.
	672	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 21.1 Sec. 12. [260.696] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
	673	+	21.2 Subdivision 1.Duties.The African American Child Well-Being Unit, established by
	674	+	21.3the commissioner, shall perform the following functions:
	675	+	21.4 (1) assist with the development of African American cultural competency training and
	676	+	21.5review child welfare curriculum in the Minnesota Child Welfare Training Academy to
	677	+	21.6ensure that responsible social services agency staff and other child welfare professionals
	678	+	21.7are appropriately prepared to engage with African American families and to support family
	679	+	21.8preservation and reunification;
	680	+	21.9 (2) provide technical assistance, including on-site technical assistance, and case
	681	+	21.10consultation to responsible social services agencies to assist agencies with implementing
	682	+	21.11and complying with this act;
	683	+	21.12 (3) monitor the number and placement settings of African American children in
	684	+	21.13out-of-home placement statewide to identify trends and develop strategies to address
	685	+	21.14disproportionality in the child welfare system at the state and county levels;
	686	+	21.15 (4) develop and implement a system for conducting case reviews when the commissioner
	687	+	21.16receives reports of noncompliance with this act or when requested by the parent or custodian
	688	+	21.17of an African American child. Case reviews may include but are not limited to a review of
	689	+	21.18placement prevention efforts, safety planning, case planning and service provision by the
	690	+	21.19responsible social services agency, relative placement consideration, and permanency
	691	+	21.20planning;
	692	+	21.21 (5) establish and administer a request for proposals process for African American and
	693	+	21.22disproportionately represented family preservation grants under section 260.697, monitor
	694	+	21.23grant activities, and provide technical assistance to grantees;
	695	+	21.24 (6) coordinate services and create internal and external partnerships to support adequate
	696	+	21.25access to services and resources for African American children and families, including but
	697	+	21.26not limited to housing assistance, employment assistance, food and nutrition support, health
	698	+	21.27care, child care assistance, and educational support and training, in consultation with the
	699	+	21.28African American Child Well-Being Advisory Council; and
	700	+	21.29 (7) develop public messaging and communication to inform the general public in
	701	+	21.30Minnesota about racial disparities in child welfare outcomes, current efforts and strategies
	702	+	21.31to reduce racial disparities, and resources available to African American children and families
	703	+	21.32involved in the child welfare system.
	704	+	21Sec. 12.
	705	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 22.1 Subd. 2.Reports.The African American Child Well-Being Unit shall provide regular
	706	+	22.2updates on unit activities, including summary reports of case reviews, to the African
	707	+	22.3American Child Well-Being Advisory Council and shall publish an annual census of African
	708	+	22.4American children in out-of-home placements statewide. The annual census shall include
	709	+	22.5data on the types of placements, age and sex of the children, how long the children have
	710	+	22.6been in out-of-home placements, and other relevant demographic information.
	711	+	22.7 Sec. 13. [260.697] AFRICAN AMERICAN AND DISPROPORTIONATELY
	712	+	22.8REPRESENTED FAMILY PRESERVATION GRANTS.
	713	+	22.9 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
	714	+	22.10to organizations, service providers, and programs owned and led by African Americans and
	715	+	22.11other individuals from communities disproportionately represented in the child welfare
	716	+	22.12system to provide services and support for African American and disproportionately
	717	+	22.13represented children and families involved in Minnesota's child welfare system, including
	718	+	22.14supporting existing eligible services and facilitating the development of new services and
	719	+	22.15providers, to create a more expansive network of service providers available for African
	720	+	22.16American and disproportionately represented children and families.
	721	+	22.17 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
	722	+	22.18are not limited to:
	723	+	22.19 (1) child out-of-home placement prevention and reunification services;
	724	+	22.20 (2) family-based services and reunification therapy;
	725	+	22.21 (3) culturally specific individual and family counseling;
	726	+	22.22 (4) court advocacy;
	727	+	22.23 (5) training of and consultation with responsible social services agencies and private
	728	+	22.24social services agencies regarding this act;
	729	+	22.25 (6) services to support informal kinship care arrangements; and
	730	+	22.26 (7) other activities and services approved by the commissioner that further the goals of
	731	+	22.27the Minnesota African American Family Preservation and Child Welfare Disproportionality
	732	+	22.28Act, including but not limited to the recruitment of African American staff and staff from
	733	+	22.29other communities disproportionately represented in the child welfare system to work for
	734	+	22.30responsible social services agencies and licensed child-placing agencies.
	735	+	22.31 (b) The commissioner may specify the priority of an activity and service based on its
	736	+	22.32success in furthering these goals. The commissioner shall give preference to programs and
	737	+	22Sec. 13.
	738	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 23.1service providers that are located in or serve counties with the highest rates of child welfare
	739	+	23.2disproportionality for African American and other disproportionately represented children
	740	+	23.3and families, and employ staff who represent the population primarily served.
	741	+	23.4 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
	742	+	23.5existing services or for the following purposes:
	743	+	23.6 (1) child day care that is necessary solely because of the employment or training for
	744	+	23.7employment of a parent or another relative with whom the child is living;
	745	+	23.8 (2) foster care maintenance or difficulty of care payments;
	746	+	23.9 (3) residential treatment facility payments;
	747	+	23.10 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
	748	+	23.11or 256N;
	749	+	23.12 (5) public assistance payments for Minnesota family investment program assistance,
	750	+	23.13supplemental aid, medical assistance, general assistance, general assistance medical care,
	751	+	23.14or community health services; or
	752	+	23.15 (6) administrative costs for income maintenance staff.
	753	+	23.16 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
	754	+	23.17under subdivisions 1, 2, and 3, and specify the information and criteria required.
	755	+	23.18Sec. 14. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
	756	+	23.19 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
	757	+	23.20under a previous order of the court, an African American or a disproportionately represented
	758	+	23.21child who is ten years of age or older, the responsible social services agency, or a guardian
	759	+	23.22ad litem may file a petition for the reestablishment of the legal parent and child relationship.
	760	+	23.23A parent filing a petition under this section shall pay a filing fee in the amount required
	761	+	23.24under section 357.021, subdivision 2, clause (1). The filing fee may be waived pursuant to
	762	+	23.25chapter 563 in cases of indigency. A petition for the reestablishment of the legal parent and
	763	+	23.26child relationship may be filed when:
	764	+	23.27 (1) in cases where the county attorney is the petitioning party, both the responsible social
	765	+	23.28services agency and the county attorney agree that reestablishment of the legal parent and
	766	+	23.29child relationship is in the child's best interests;
	767	+	23.30 (2) (1) the parent has corrected the conditions that led to an order terminating parental
	768	+	23.31rights;
	769	+	23Sec. 14.
	770	+	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
	771	+	24.2the health, safety, and welfare of the child;
	772	+	24.3 (4) (3) the child has been in foster care for at least 48 24 months after the court issued
	773	+	24.4the order terminating parental rights;
	774	+	24.5 (5) (4) the child has not been adopted; and
	775	+	24.6 (6) (5) the child is not the subject of a written adoption placement agreement between
	776	+	24.7the responsible social services agency and the prospective adoptive parent, as required under
	777	+	24.8Minnesota Rules, part 9560.0060, subpart 2.
	778	+	24.9 Sec. 15. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
	779	+	24.10 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
	780	+	24.11legal parent and child relationship only if it finds by clear and convincing evidence that:
	781	+	24.12 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
	782	+	24.13 (2) the child has not been adopted;
	783	+	24.14 (3) the child is not the subject of a written adoption placement agreement between the
	784	+	24.15responsible social services agency and the prospective adoptive parent, as required under
	785	+	24.16Minnesota Rules, part 9560.0060, subpart 2;
	786	+	24.17 (4) at least 48 months have elapsed following a final order terminating parental rights
	787	+	24.18and the child remains in foster care;
	788	+	24.19 (5) (4) the child desires to reside with the parent;
	789	+	24.20 (6) (5) the parent has corrected the conditions that led to an order terminating parental
	790	+	24.21rights; and
	791	+	24.22 (7) (6) the parent is willing and has the capability to provide day-to-day care and maintain
	792	+	24.23the health, safety, and welfare of the child.
	793	+	24.24Sec. 16. CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS WORKING
	794	+	24.25WITH AFRICAN AMERICAN AND DISPROPORTIONATELY REPRESENTED
	795	+	24.26FAMILIES AND CHILDREN IN THE CHILD WELFARE SYSTEM.
	796	+	24.27 Subdivision 1.Applicability.The commissioner of human services shall collaborate
	797	+	24.28with the Children's Justice Initiative to ensure that cultural competency training is given to
	798	+	24.29individuals working in the child welfare system, including child welfare workers, supervisors,
	799	+	24.30attorneys, juvenile court judges, and family law judges.
	800	+	24Sec. 16.
	801	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 25.1 Subd. 2.Training.(a) The commissioner shall consult with the African American Child
	802	+	25.2Well-Being Advisory Council to develop training content and establish the frequency of
	803	+	25.3trainings.
	804	+	25.4 (b) The cultural competency training under this section is required prior to or within six
	805	+	25.5months of beginning work with any African American or disproportionately represented
	806	+	25.6child and family. A responsible social services agency staff person who is unable to complete
	807	+	25.7the cultural competency training prior to working with African American or
	808	+	25.8disproportionately represented children and families must work with a qualified staff person
	809	+	25.9within the agency who has completed cultural competency training until the person is able
	810	+	25.10to complete the required training. The training must be available by January 1, 2025, and
	811	+	25.11must:
	812	+	25.12 (1) be provided by an individual or organization that serves African American and
	813	+	25.13disproportionately represented communities or has experience and knowledge about African
	814	+	25.14American and disproportionately represented communities' social and cultural norms and
	815	+	25.15historical trauma;
	816	+	25.16 (2) raise awareness and increase a person's competency to value diversity, conduct a
	817	+	25.17self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
	818	+	25.18to diversity and the cultural contexts of communities served;
	819	+	25.19 (3) include instruction on effectively developing a safety plan and instruction on engaging
	820	+	25.20a safety network; and
	821	+	25.21 (4) be accessible and comprehensive and include the ability to ask questions.
	822	+	25.22 (c) The training may be provided in a series of segments, either in person or online.
	823	+	25.23 Subd. 3.Update.The commissioner, in coordination with the African American Child
	824	+	25.24Well-Being Advisory Council, shall provide an update to the legislative committees with
	825	+	25.25jurisdiction over child protection issues by January 1, 2025, on the rollout of the training
	826	+	25.26under subdivision 1 and the content and accessibility of the training under subdivision 2.
	827	+	25.27Sec. 17. DISAGGREGATE DATA.
	828	+	25.28 The commissioner of human services shall work with the African American Child
	829	+	25.29Well-Being Advisory Council to establish a method to disaggregate data related to African
	830	+	25.30American and other child welfare disproportionality and begin disaggregating data by
	831	+	25.31January 1, 2025.
	832	+	25Sec. 17.
	833	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 26.1 Sec. 18. ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN AND
	834	+	26.2DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
	835	+	26.3PLACEMENT.
	836	+	26.4 A responsible social services agency must engage in best practices related to visitation
	837	+	26.5when an African American or a disproportionately represented child is in out-of-home
	838	+	26.6placement. When the child is in out-of-home placement, the responsible social services
	839	+	26.7agency shall make active efforts to facilitate regular and frequent visitation between the
	840	+	26.8child and the child's parents or custodians, the child's siblings, and the child's relatives. If
	841	+	26.9visitation is infrequent between the child and the child's parents, custodians, siblings, or
	842	+	26.10relatives, the responsible social services agency shall make active efforts to increase the
	843	+	26.11frequency of visitation and address any barriers to visitation.
	844	+	26.12Sec. 19. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
	845	+	26.13 The commissioner of human services shall develop, maintain, and administer a publicly
	846	+	26.14accessible online compliance and feedback portal to receive reports of noncompliance with
	847	+	26.15the Layla Jackson Law under Minnesota Statutes, sections 260.61 to 260.697, and other
	848	+	26.16statutes related to child maltreatment, safety, and placement. Reports received through the
	849	+	26.17portal must be transferred for review and further action to the appropriate unit or department
	850	+	26.18within the Department of Human Services.
	851	+	26.19Sec. 20. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
	852	+	26.20IN FOSTER CARE BEST PRACTICES.
	853	+	26.21 The commissioner of human services shall develop and publish guidance on best practices
	854	+	26.22for ensuring that African American and disproportionately represented children in foster
	855	+	26.23care maintain connections and relationships with their parents, custodians, and extended
	856	+	26.24relative and kin network. The commissioner shall also develop and publish best practice
	857	+	26.25guidance on engaging and assessing noncustodial and nonadjudicated parents to care for
	858	+	26.26their African American or disproportionately represented children who cannot remain with
	859	+	26.27the children's custodial parents.
	860	+	26.28Sec. 21. SEVERABILITY.
	861	+	26.29 The provisions in this act are severable. If any part or provision of the sections of this
	862	+	26.30act, or the application of any section to any person, entity, or circumstance, is held invalid
	863	+	26.31or unconstitutional, the remainder, including the application of the part or provision to other
	864	+	26Sec. 21.
	865	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT 27.1persons, entities, or circumstances, shall not be affected by the holding and shall continue
	866	+	27.2to have force and effect.
	867	+	27.3 Sec. 22. APPROPRIATIONS.
	868	+	27.4 (a) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
	869	+	27.5of human services for the administration of the Layla Jackson Law under Minnesota Statutes,
	870	+	27.6sections 260.61 to 260.697. This is an ongoing appropriation.
	871	+	27.7 (b) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
	872	+	27.8of human services for the development, maintenance, and administration of the child welfare
	873	+	27.9compliance and feedback portal. This is an ongoing appropriation.
	874	+	27Sec. 22.
	875	+	REVISOR BD H0912-2HF912 SECOND ENGROSSMENT