1.1 A bill for an act
1.2 relating to children; making changes to the Minnesota Indian Family Preservation
1.3 Act; amending Minnesota Statutes 2022, sections 260.753; 260.755, subdivisions
1.4 1a, 3, 20, 22, by adding subdivisions; 260.761; 260.7611; 260.762; 260.765,
1.5 subdivisions 1, 2, 3, 4, by adding subdivisions; 260.771; 260.781; 260.785,
1.6 subdivision 2; 260.791; 260.795, subdivision 1; 260.805; 260.821, subdivision 2;
1.7 260.835, subdivision 2; proposing coding for new law in Minnesota Statutes,
1.8 chapter 260; repealing Minnesota Statutes 2022, section 260.755, subdivision 17.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [260.752] APPLICABILITY.
1.11 Unless otherwise stated, sections 260.751 to 260.835 and the federal Indian Child Welfare
1.12Act are applicable without exception in any child custody proceeding involving an Indian
1.13child where custody is granted to someone other than a parent or an Indian custodian.
1.14Nothing in sections 260.751 to 260.835 is intended to apply to custody actions between
1.15parents or between a parent and Indian custodian.
1.16 Sec. 2. Minnesota Statutes 2022, section 260.753, is amended to read:
1.17 260.753 PURPOSES.
1.18 The purposes of Laws 2015, chapter 78, the Minnesota Indian Family Preservation Act
1.19are to (1) protect the long-term interests, as defined by the Tribes, of Indian children, their
1.20families as defined by law or custom, and the child's Tribe; and (2) preserve the Indian
1.21family and Tribal identity, including an understanding that Indian children are damaged if
1.22family and child Tribal identity and contact are denied. Indian children are the future of the
1.23Tribes and are vital to their very existence.
1Sec. 2.
23-02562 as introduced01/17/23 REVISOR SGS/DD
SENATE
STATE OF MINNESOTA
S.F. No. 667NINETY-THIRD SESSION
(SENATE AUTHORS: KUNESH, Abeler, Wiklund and Hauschild)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/25/2023
Referred to Judiciary and Public Safety 2.1 Sec. 3. [260.754] POLICY ON TRIBAL-STATE RELATIONS.
2.2 (a) The state of Minnesota acknowledges federally recognized Indian Tribes as sovereign
2.3political entities that predate the existence of the United States and that have retained inherent
2.4sovereign authority to pass their own laws, maintain their own systems of governance, and
2.5determine their own jurisdiction. The sovereign authority of Tribes may only be limited by
2.6the federal government and not by any action of the state, including the state legislature and
2.7state courts.
2.8 (b) Inherently, as members of Indian Tribes recognized by the federal government,
2.9Indian people have rights and privileges as members of their Tribe which the state of
2.10Minnesota recognizes and protects.
2.11 (c) Indian people have a right to be protected from being disfranchised or deprived of
2.12any of the rights and privileges secured to any citizen in the state and to have the recognition
2.13and protection of the rights and privileges flowing from their membership in an Indian Tribe
2.14by any state action.
2.15 (d) The state of Minnesota recognizes all federally recognized Indian Tribes as having
2.16the inherent authority to determine their own jurisdiction for any and all Indian child custody
2.17or child placement proceedings regardless of whether the Tribe's members are on or off the
2.18reservation and regardless of the procedural posture of the proceeding.
2.19 (e) The state of Minnesota has long recognized the importance of Indian children to their
2.20Tribes not only as members of Tribal families and communities, but also as the Tribe's
2.21greatest resource as future members and leaders of the Tribe. The vitality of Indian children
2.22in the state of Minnesota is essential to the health and welfare of both the state and the Tribes
2.23and is essential to the future welfare and continued existence of the child's Tribe.
2.24 (f) The state of Minnesota recognizes that the historical deprivation of rights of Indian
2.25people and Indian Tribes have led to disparate out-of-home placement of Indian children.
2.26 Sec. 4. Minnesota Statutes 2022, section 260.755, subdivision 1a, is amended to read:
2.27 Subd. 1a.Active efforts."Active efforts" means a rigorous and concerted level of effort
2.28that is ongoing throughout the involvement of the local social services child-placing agency
2.29to continuously involve the Indian child's Tribe and that uses the prevailing social and
2.30cultural values, conditions, and way of life of the Indian child's Tribe to preserve the Indian
2.31child's family and prevent placement of an Indian child and, if placement occurs, to return
2.32the Indian child to the child's family at the earliest possible time. Active efforts sets under
2.33section 260.762 requires a higher standard than reasonable efforts to preserve the family,
2Sec. 4.
23-02562 as introduced01/17/23 REVISOR SGS/DD 3.1prevent breakup of the family, and reunify the family, according to section 260.762. Active
3.2efforts includes include reasonable efforts as required by Title IV-E of the Social Security
3.3Act, United States Code, title 42, sections 670 to 679c.
3.4 Sec. 5. Minnesota Statutes 2022, section 260.755, subdivision 3, is amended to read:
3.5 Subd. 3.Child placement proceeding.(a) "Child placement proceeding" includes a
3.6judicial proceeding which could result in the following:
3.7 (a) (1) "adoptive placement," means meaning the permanent placement of an Indian
3.8child for adoption, including an action resulting in a final decree of adoption.;
3.9 (b) (2) "involuntary foster care placement," means meaning an action removing an Indian
3.10child from its the child's parents or Indian custodian for temporary placement in a foster
3.11home, institution, or the home of a guardian. The parent or Indian custodian cannot have
3.12the Indian child returned upon demand, but parental rights have not been terminated.;
3.13 (c) (3) "preadoptive placement," means meaning the temporary placement of an Indian
3.14child in a foster home or institution after the termination of parental rights, before or instead
3.15of adoptive placement.; or
3.16 (d) (4) "termination of parental rights," means meaning an action resulting in the
3.17termination of the parent-child relationship under section 260C.301.
3.18 (b) The terms include term child placement proceeding includes all placements where
3.19Indian children are placed out-of-home or away from the care, custody, and control of their
3.20parent or parents or Indian custodian that do not implicate custody between the parents.
3.21Child placement proceeding also includes any placement based upon juvenile status offenses,
3.22but do not include a placement based upon an act which if committed by an adult would be
3.23deemed a crime, or upon an award of custody in a divorce proceeding to one of the parents.
3.24 Sec. 6. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
3.25read:
3.26 Subd. 3a.Child-placing agency."Child-placing agency" means a public, private, or
3.27nonprofit legal entity: (1) providing assistance to a child and the child's parent or parents;
3.28or (2) placing a child in foster care or for adoption on a voluntary or involuntary basis.
3Sec. 6.
23-02562 as introduced01/17/23 REVISOR SGS/DD 4.1 Sec. 7. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
4.2read:
4.3 Subd. 3b.Child placement."Child placement" means placement of an Indian child on
4.4a voluntary or involuntary basis in foster care, preadoptive placement, or adoption by a
4.5child-placing agency, parent, parents, Indian custodian, or individual.
4.6 Sec. 8. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
4.7read:
4.8 Subd. 4a.Custody."Custody" means the physical or legal custody, or both, of an Indian
4.9child under any applicable Tribal law, Tribal custom, or state law. A party may demonstrate
4.10the existence of custody by looking to Tribal law, Tribal custom, or state law.
4.11 Sec. 9. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
4.12read:
4.13 Subd. 5a.Emergency proceeding."Emergency proceeding" means and includes any
4.14court action that involves an emergency removal or emergency placement of an Indian child.
4.15 Sec. 10. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision
4.16to read:
4.17 Subd. 5b.Extended family member."Extended family member" is as defined by the
4.18law or custom of the Indian child's Tribe or, in the absence of any law or custom of the
4.19Tribe, is a person who has reached the age of 18 and who is the Indian child's grandparent,
4.20aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or
4.21second cousin, or stepparent.
4.22 Sec. 11. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision
4.23to read:
4.24 Subd. 6a.Imminent physical damage or harm."Imminent physical damage or harm"
4.25means that a child is threatened with immediate and present conditions that are life
4.26threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
4.27 Sec. 12. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision
4.28to read:
4.29 Subd. 16a.Public act."Public act" means an act of legislation by a political body
4.30affecting the public as a whole.
4Sec. 12.
23-02562 as introduced01/17/23 REVISOR SGS/DD 5.1 Sec. 13. Minnesota Statutes 2022, section 260.755, subdivision 20, is amended to read:
5.2 Subd. 20.Tribal court."Tribal court" means a court with jurisdiction over child custody
5.3proceedings and which is either a court of Indian offenses, or a court established and operated
5.4under the code or custom of an Indian Tribe, or any other administrative body of a Tribe
5.5which is vested with authority over child custody proceedings. Except as provided in section
5.6260.771, subdivision 5, nothing in this chapter shall be construed as conferring jurisdiction
5.7on an Indian Tribe.
5.8 Sec. 14. Minnesota Statutes 2022, section 260.755, subdivision 22, is amended to read:
5.9 Subd. 22.Voluntary foster care placement."Voluntary foster care placement" means
5.10a decision in which there has been participation by a local social services child-placing
5.11agency or private child-placing agency resulting in the temporary placement of an Indian
5.12child away from the home of the child's parents or Indian custodian in a foster home,
5.13institution, or the home of a guardian, and the parent or Indian custodian may have the child
5.14returned upon demand.
5.15 Sec. 15. [260.758] EMERGENCY REMOVAL OR PLACEMENT OF INDIAN
5.16CHILD; TERMINATION; APPROPRIATE ACTION.
5.17 Subdivision 1.Emergency removal or placement permitted.Nothing in sections
5.18260.751 to 260.835 shall be construed to prevent the emergency removal of an Indian child
5.19from the Indian child's parent or Indian custodian, including an Indian child who is a resident
5.20of or is domiciled on a reservation but temporarily located off the reservation, or the
5.21emergency placement of the Indian child in a foster home or institution under sections
5.22260.751 to 260.835, in order to prevent imminent serious physical damage or harm to the
5.23Indian child.
5.24 Subd. 2.Temporary emergency jurisdiction of state courts.(a) The child placement
5.25agency or court shall ensure that the emergency removal or placement terminates immediately
5.26when removal or placement is no longer necessary to prevent imminent physical damage
5.27or harm to the Indian child. The child placement agency or court shall expeditiously initiate
5.28a child custody proceeding subject to the provisions of sections 260. 751 to 260.835, transfer
5.29the child to the jurisdiction of the appropriate Indian Tribe, or return the Indian child to the
5.30Indian child's parent or Indian custodian as may be appropriate.
5.31 (b) If the Indian child is a resident of or is domiciled on a reservation but temporarily
5.32located off the reservation, a court of this state has only temporary emergency jurisdiction
5.33until the Indian child is transferred to the jurisdiction of the appropriate Indian Tribe unless
5Sec. 15.
23-02562 as introduced01/17/23 REVISOR SGS/DD 6.1the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child
6.2is restored to the Indian child's parent or Indian custodian.
6.3 Subd. 3.Petition for emergency removal; placement requirements.A petition for a
6.4court order authorizing the emergency removal or continued emergency placement of an
6.5Indian child, or the petition's accompanying documents, must contain a statement of the
6.6risk of imminent physical damage or harm to the Indian child and any evidence that the
6.7emergency removal or placement continues to be necessary to prevent imminent physical
6.8damage or harm to the Indian child. The petition or its accompanying documents must also
6.9contain the following information:
6.10 (1) the name, age, and last known address of the Indian child;
6.11 (2) the name and address of the Indian child's parents and Indian custodians, if any;
6.12 (3) the steps taken to provide notice to the Indian child's parents, Indian custodians, and
6.13Tribe about the emergency proceeding;
6.14 (4) if the Indian child's parents and Indian custodians are unknown, a detailed explanation
6.15of what efforts have been made to locate and contact them;
6.16 (5) the residence and domicile of the Indian child;
6.17 (6) if either the residence or domicile of the Indian child is believed to be on a reservation
6.18or in an Alaska Native village, the name of the Tribe affiliated with that reservation or
6.19village;
6.20 (7) the Tribal affiliation of the Indian child and of the Indian child's parents or Indian
6.21custodians;
6.22 (8) a specific and detailed account of the circumstances that led the agency responsible
6.23for the emergency removal of the Indian child to take that action;
6.24 (9) if the child is believed to reside or be domiciled on a reservation where the Tribe
6.25exercises exclusive jurisdiction over Indian child custody matters, a statement of the efforts
6.26that have been made and are being made to contact the Tribe and transfer the Indian child
6.27to the Tribe's jurisdiction; and
6.28 (10) a statement of the efforts that have been taken to assist the Indian child's parents or
6.29Indian custodians so that the Indian child may safely be returned to their custody.
6.30 Subd. 4.Emergency proceeding requirements.(a) The court shall hold a hearing no
6.31later than 72 hours, excluding weekends and holidays, after the removal of the Indian child.
6Sec. 15.
23-02562 as introduced01/17/23 REVISOR SGS/DD 7.1The court shall determine whether the emergency removal continues to be necessary to
7.2prevent imminent physical damage or harm to the Indian child.
7.3 (b) The court shall hold additional hearings whenever new information indicates that
7.4the emergency situation has ended and at any court hearing during the emergency proceeding
7.5to determine whether the emergency removal or placement is no longer necessary to prevent
7.6imminent physical damage or harm to the Indian child.
7.7 Subd. 5.Termination of emergency removal or placement.(a) An emergency removal
7.8or placement of an Indian child must immediately terminate once the child-placing agency
7.9or court possesses sufficient evidence to determine that the emergency removal or placement
7.10is no longer necessary to prevent imminent physical damage or harm to the Indian child
7.11and the Indian child shall be immediately returned to the custody of the Indian child's parent
7.12or Indian custodian.
7.13 (b) An emergency removal or placement ends when the Indian child is transferred to
7.14the jurisdiction of the Indian child's Tribe, or when the court orders, after service upon the
7.15Indian child's parents, Indian custodian, and Indian child's Tribe, that the Indian child shall
7.16be placed in foster care upon a determination supported by clear and convincing evidence,
7.17including testimony by a qualified expert witness, that custody of the Indian child by the
7.18Indian child's parent or Indian custodian is likely to result in serious emotional or physical
7.19damage to the Indian child.
7.20 (c) In no instance shall emergency removal or emergency placement of an Indian child
7.21extend beyond 30 days unless the court finds by a showing of clear and convincing evidence
7.22that: (1) continued emergency removal or placement is necessary to prevent imminent
7.23physical damage or harm to the Indian child; (2) the court has been unable to transfer the
7.24proceeding to the jurisdiction of the Indian child's Tribal court; and (3) it has not been
7.25possible to initiate a child custody proceeding with all of the protections under sections
7.26260.751 to 260.835, including obtaining the testimony of a qualified expert witness.
7.27 Sec. 16. Minnesota Statutes 2022, section 260.761, is amended to read:
7.28 260.761 SOCIAL SERVICES AGENCY AND PRIVATE LICENSED
7.29CHILD-PLACING AGENCY INQUIRY OF TRIBAL LINEAGE; NOTICE TO
7.30TRIBES, PARENTS, AND INDIAN CUSTODIANS; ACCESS TO FILES.
7.31 Subdivision 1.Inquiry of Tribal lineage.The local social services agency or private
7.32licensed child-placing agency or individual petitioner shall inquire of the child, the child's
7.33parents and custodians, and other appropriate persons whether there is any reason to believe
7Sec. 16.
23-02562 as introduced01/17/23 REVISOR SGS/DD 8.1that a child brought to the agency's attention may have lineage to an Indian Tribe. This
8.2inquiry shall occur at the time the child comes to the attention of the local social services
8.3child-placing agency or individual petitioner and shall continue throughout the involvement
8.4of the child-placing agency or individual petitioner.
8.5 Subd. 2.Agency and court notice to Tribes Notice to Tribes of services or court
8.6proceedings involving an Indian child.(a) When a local social services child-placing
8.7agency has information that a family assessment or investigation being conducted may
8.8involve an Indian child, the local social services child-placing agency shall notify the Indian
8.9child's Tribe of the family assessment or investigation according to section 260E.18. Initial
8.10notice shall be provided by telephone and by email or facsimile and shall include the child's
8.11full name and date of birth; the full names and dates of birth of the child's biological parents;
8.12and if known the full names and dates of birth of the child's grandparents and of the child's
8.13Indian custodian. If information regarding the child's grandparents or Indian custodian is
8.14not immediately available, the child-placing agency shall continue to request this information
8.15and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which
8.16the child may have any Tribal lineage. The local social services child-placing agency shall
8.17request that the Tribe or a designated Tribal representative participate in evaluating the
8.18family circumstances, identifying family and Tribal community resources, and developing
8.19case plans. The child-placing agency shall continue to include the Tribe in service planning
8.20and updates as to the progress of the case.
8.21 (b) When a local social services child-placing agency has information that a child
8.22receiving services may be an Indian child, the local social services child-placing agency
8.23shall notify the Tribe by telephone and by email or facsimile of the child's full name and
8.24date of birth, the full names and dates of birth of the child's biological parents, and, if known,
8.25the full names and dates of birth of the child's grandparents and of the child's Indian
8.26custodian. This notification must be provided so the Tribe can determine if the child is
8.27enrolled in the Tribe a member or eligible for membership in the Tribe, and must be provided
8.28within seven days. If information regarding the child's grandparents or Indian custodian is
8.29not available within the seven-day period, the local social services child-placing agency
8.30shall continue to request this information and shall notify the Tribe when it is received.
8.31Notice shall be provided to all Tribes to which the child may have any Tribal lineage. If the
8.32identity or location of the child's parent or Indian custodian and Tribe cannot be determined,
8.33the local social services agency shall provide the notice required in this paragraph to the
8.34United States secretary of the interior.
8Sec. 16.
23-02562 as introduced01/17/23 REVISOR SGS/DD 9.1 (c) In accordance with sections 260C.151 and 260C.152 In all child placement
9.2proceedings, when a court has reason to believe that a child placed in emergency protective
9.3care is an Indian child, the court administrator or a designee shall, as soon as possible and
9.4before a hearing takes place, notify the Tribal social services agency by telephone and by
9.5email or facsimile of the date, time, and location of the emergency protective case care or
9.6other initial hearing. The court shall make efforts to allow appearances by telephone for
9.7Tribal representatives, parents, and Indian custodians.
9.8 (d) The child-placing agency or individual petitioner shall affect service of any petition
9.9governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt
9.10requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least
9.1110 days before the admit-deny hearing is held. If the identity or location of the Indian child's
9.12parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall
9.13provide the notice required in this paragraph to the United States Secretary of the Interior,
9.14Bureau of Indian Affairs by certified mail, return receipt requested.
9.15 (e) A Tribe may request up to 20 additional days to prepare for the admit-deny hearing.
9.16The court shall allow appearances by telephone, Zoom, or other electronic medium for
9.17Tribal representatives, the child's Indian parents, or the Indian custodian.
9.18 (d) (f) A local social services child-placing agency or individual petitioner must provide
9.19the notices required under this subdivision at the earliest possible time to facilitate
9.20involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder
9.21the ability of the local social services child-placing agency, individual petitioner, and the
9.22court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent
9.23the Tribe from intervening in services and proceedings at a later date. A Tribe may participate
9.24at any time. At any stage of the local social services child-placing agency's involvement
9.25with an Indian child, the agency shall provide full cooperation to the Tribal social services
9.26agency, including disclosure of all data concerning the Indian child. Nothing in this
9.27subdivision relieves the local social services child-placing agency of satisfying the notice
9.28requirements in the Indian Child Welfare Act state or federal law.
9.29 Subd. 3.Notice of potential preadoptive or adoptive placement.In any voluntary
9.30adoptive or preadoptive placement proceeding in which a local social services agency,
9.31private child-placing agency, petitioner in the adoption, or any other, including voluntary
9.32proceedings, where any party or participant has reason to believe that a child who is the
9.33subject of an adoptive or preadoptive placement proceeding is or may be an "Indian child,"
9.34as defined in section 260.755, subdivision 8, and United States Code, title 25, section
9.351903(4), the child-placing agency or person individual petitioner shall notify the Indian
9Sec. 16.
23-02562 as introduced01/17/23 REVISOR SGS/DD 10.1child's Tribal social services agency Tribe by registered mail or certified mail with return
10.2receipt requested of the pending proceeding and of the right of intervention under subdivision
10.36. If the identity or location of the child's Tribe cannot be determined, the notice must be
10.4given to the United States Secretary of Interior in like manner, who will have 15 days after
10.5receipt of the notice to provide the requisite notice to the Tribe. No preadoptive or adoptive
10.6placement proceeding may be held until at least ten days after receipt of the notice by the
10.7Tribe or the secretary. Upon request, the Tribe must be granted up to 20 additional days to
10.8prepare for the proceeding. The child-placing agency or notifying party individual petitioner
10.9shall include in the notice the identity of the birth parents and child absent written objection
10.10by the birth parents. The private child-placing agency shall inform the birth parents of the
10.11Indian child of any services available to the Indian child through the child's Tribal social
10.12services agency, including child placement services, and shall additionally provide the birth
10.13parents of the Indian child with all information sent from the Tribal social services agency
10.14in response to the notice.
10.15 Subd. 4.Unknown father.If the local social services agency, private child-placing
10.16agency, individual petitioner, the court, petitioner, or any other party has reason to believe
10.17that a child who is the subject of an adoptive a child placement proceeding is or may be an
10.18Indian child but the father of the child is unknown and has not registered with the fathers'
10.19adoption registry pursuant to section 259.52, the child-placing agency or person individual
10.20petitioner shall provide to the Tribe believed to be the Indian child's Tribe information
10.21sufficient to enable the Tribe to determine the child's eligibility for membership in the Tribe,
10.22including, but not limited to, the legal and maiden name of the birth mother, her date of
10.23birth, the names and dates of birth of her parents and grandparents, and, if available,
10.24information pertaining to the possible identity, Tribal affiliation, or location of the birth
10.25father.
10.26 Subd. 5.Proof of service of notice upon Tribe or secretary.In cases where an a
10.27child-placing agency or party to an adoptive placement knows or has reason to believe that
10.28a child is or may be an Indian child, proof of service upon the child's Tribe or the secretary
10.29of interior must be filed with the adoption petition.
10.30 Subd. 6.Indian Tribe's right of intervention.In any state court child placement
10.31proceeding for the voluntary adoptive or preadoptive placement of an Indian child under
10.32sections 260.751 to 260.835, the Indian child's Tribe shall have a right to intervene at any
10.33point in the proceeding.
10.34 Subd. 6a.Indian Tribe's access to files.At any stage of the child-placing agency's
10.35involvement with an Indian child, the child-placing agency shall, upon request, give the
10Sec. 16.
23-02562 as introduced01/17/23 REVISOR SGS/DD 11.1Tribal social services agency full cooperation including access to all files concerning the
11.2Indian child. If the files contain confidential or private data, the child-placing agency may
11.3require execution of an agreement with the Tribal social services agency to maintain the
11.4data according to statutory provisions applicable to the data.
11.5 Subd. 7.Identification of extended family members.Any agency considering placement
11.6of an Indian child shall make active efforts to identify and locate extended family members.
11.7 Sec. 17. Minnesota Statutes 2022, section 260.7611, is amended to read:
11.8 260.7611 COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
11.9ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
11.10 A Tribe and a county may enter a written agreement transferring responsibility for the
11.11screening and initial response to a child maltreatment report regarding an Indian child
11.12residing in the county where the child's reservation is located, from the county to the Tribe.
11.13An agreement under this subdivision section shall include a provision clarifying whether
11.14the county or the Tribe is responsible for ongoing case management stemming from a child
11.15maltreatment report.
11.16Sec. 18. Minnesota Statutes 2022, section 260.762, is amended to read:
11.17 260.762 DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND PROMOTE
11.18FAMILY REUNIFICATION; ACTIVE EFFORTS.
11.19 Subdivision 1.Active efforts.Active efforts includes acknowledging traditional helping
11.20and healing systems of an Indian child's Tribe and using these systems as the core to help
11.21and heal the Indian child and family. Active efforts are not required to prevent voluntary
11.22out-of-home placement and to effect voluntary permanency for the Indian child.
11.23 Subd. 2.Requirements for local social services child-placing agencies.A local social
11.24services child-placing agency shall:
11.25 (1) work with the Indian child's Tribe and family to develop an alternative plan to
11.26out-of-home placement;
11.27 (2) before making a decision that may affect an Indian child's safety and well-being or
11.28when contemplating out-of-home placement of an Indian child, seek guidance from the
11.29Indian child's Tribe on family structure, how the family can seek help, what family and
11.30Tribal resources are available, and what barriers the family faces at that time that could
11.31threaten its preservation; and
11Sec. 18.
23-02562 as introduced01/17/23 REVISOR SGS/DD 12.1 (3) request participation of the Indian child's Tribe at the earliest possible time and
12.2request the Tribe's active participation throughout the case.
12.3 Subd. 3.Required findings that active efforts were provided.(a) Any party seeking
12.4to affect a termination of parental rights, other permanency action, or a placement where
12.5custody of an Indian child may be temporarily or permanently transferred to a person or
12.6entity who is not the Indian child's parent or Indian custodian, and where the Indian child's
12.7parent or Indian custodian cannot have the Indian child returned to their care upon demand,
12.8must satisfy the court that active efforts have been made to provide remedial services and
12.9rehabilitative programs designed to prevent the breakup of the Indian family and that these
12.10efforts have proved unsuccessful.
12.11 (b) A court shall not order an out-of-home or permanency placement for an Indian child
12.12unless the court finds that the local social services child-placing agency made active efforts
12.13to, as required by section 260.012 and this section, provide remedial services and
12.14rehabilitative programs designed to prevent the breakup of the Indian child's family, and
12.15that these efforts have proved unsuccessful. To the extent possible, active efforts must be
12.16provided in a manner consistent with the prevailing social and cultural conditions of the
12.17Indian child's Tribe and in partnership with the Indian child, Indian parents, extended family,
12.18and Tribe.
12.19 (c) Regardless of whether the Indian child's Tribe has intervened in the proceedings, the
12.20court, in determining whether the local social services child-placing agency made active
12.21efforts to preserve the Indian child's family for purposes of out-of-home placement and
12.22permanency, the court shall ensure the provision of active efforts designed to correct the
12.23conditions that lead to the out-of-home placement of the Indian child and shall make findings
12.24regarding whether the following activities were appropriate and necessary, and whether the
12.25local social services child-placing agency made appropriate and meaningful services, whether
12.26listed in this paragraph or not, available to the family based upon that family's specific
12.27needs:
12.28 (1) whether the local social services child-placing agency made efforts at the earliest
12.29point possible to (i) identify whether a child may be an Indian child as defined in the Indian
12.30Child Welfare Act, United States Code, title 25, section 1903, and section 260.755,
12.31subdivision 8; and (ii) identify and request participation of the Indian child's Tribe at the
12.32earliest point possible and throughout the investigation or assessment, case planning,
12.33provision of services, and case completion;
12Sec. 18.
23-02562 as introduced01/17/23 REVISOR SGS/DD 13.1 (2) whether the local social services child-placing agency requested that a Tribally
13.2designated representative with substantial knowledge of prevailing social and cultural
13.3standards and child-rearing practices within the Tribal community evaluate the circumstances
13.4of the Indian child's family and, provided the Tribally designated representative with all
13.5information available regarding the case, and requested that the Tribally designated
13.6representative assist in developing a case plan that uses Tribal and Indian community
13.7resources;
13.8 (3) whether the local social services child-placing agency provided concrete services
13.9and access to both Tribal and non-Tribal services to members of the Indian child's family,
13.10including but not limited to financial assistance, food, housing, health care, transportation,
13.11in-home services, community support services, and specialized services; and whether these
13.12services are being provided in an ongoing manner throughout the agency's involvement
13.13with the family, to directly assist the family in accessing and utilizing services to maintain
13.14the Indian family, or reunify the Indian family as soon as safety can be assured if out-of-home
13.15placement has occurred;
13.16 (4) whether the child-placing agency made early and ongoing efforts to identify, locate,
13.17and include extended family members;
13.18 (4) (5) whether the local social services child-placing agency notified and consulted
13.19with the Indian child's extended family members, as identified by the child, the child's
13.20parents, or the Tribe; whether extended family members were consulted to provide support
13.21to the child and parents, to inform the local social services child-placing agency and court
13.22as to cultural connections and family structure, to assist in identifying appropriate cultural
13.23services and supports for the child and parents, and to identify and serve as a placement and
13.24permanency resource for the child; and if there was difficulty contacting or engaging with
13.25extended family members, whether assistance was sought from the Tribe, the Department
13.26of Human Services, or other agencies with expertise in working with Indian families;
13.27 (5) (6) whether the local social services child-placing agency provided services and
13.28resources to relatives who are considered the primary placement option for an Indian child,
13.29as agreed by the local social services child-placing agency and the Tribe, to overcome
13.30barriers to providing care to an Indian child. Services and resources shall include but are
13.31not limited to child care assistance, financial assistance, housing resources, emergency
13.32resources, and foster care licensing assistance and resources; and
13.33 (6) (7) whether the local social services child-placing agency arranged for visitation to
13.34occur, whenever possible, in the home of the Indian child's parent, Indian custodian, or
13Sec. 18.
23-02562 as introduced01/17/23 REVISOR SGS/DD 14.1other family member or in another noninstitutional setting, in order to keep the child in
14.2close contact with parents, siblings, and other relatives regardless of the child's age and to
14.3allow the child and those with whom the child visits to have natural, unsupervised interaction
14.4when consistent with protecting the child's safety; and whether the local social services
14.5child-placing agency consulted with a Tribal representative to determine and arrange for
14.6visitation in the most natural setting that ensures the child's safety, when the child's safety
14.7requires supervised visitation.
14.8 Sec. 19. Minnesota Statutes 2022, section 260.765, subdivision 1, is amended to read:
14.9 Subdivision 1.Determination of Indian child's tribe.The local social services agency
14.10or private licensed child-placing agency shall determine whether a child brought to its
14.11attention for the purposes described in this section is an Indian child and the identity of the
14.12Indian child's Tribe follow the notice provisions in section 260.761.
14.13Sec. 20. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
14.14to read:
14.15 Subd. 1b.Access to files.At any subsequent stage of a child-placing agency's involvement
14.16with an Indian child, the child-placing agency shall, upon request, give the Tribal social
14.17services agency full cooperation including access to all files concerning the child. If the
14.18files contain confidential or private data, the child-placing agency or individual may require
14.19execution of an agreement with the Tribal social services agency that the Tribal social
14.20services agency shall maintain the data according to statutory provisions applicable to the
14.21data.
14.22Sec. 21. Minnesota Statutes 2022, section 260.765, subdivision 2, is amended to read:
14.23 Subd. 2.Notice.When an Indian child is voluntarily placed in foster care, the local social
14.24services child-placing agency involved in the decision to place the child shall give notice
14.25of the placement to the child's parent, parents, Indian custodian, and the Tribal social services
14.26agency, and the Indian custodian within seven days of placement, excluding weekends and
14.27holidays.
14.28 If a private licensed child-placing agency makes a temporary voluntary foster care
14.29placement pending a decision on adoption by a parent, notice of the placement shall be
14.30given to the child's parents, Tribal social services agency, and the Indian custodian upon
14.31the filing of a petition for termination of parental rights or three months following the
14.32temporary placement, whichever occurs first.
14Sec. 21.
23-02562 as introduced01/17/23 REVISOR SGS/DD 15.1 At this and any subsequent stage of its involvement with an Indian child, the agency
15.2shall, upon request, give the Tribal social services agency full cooperation including access
15.3to all files concerning the child. If the files contain confidential or private data, the agency
15.4may require execution of an agreement with the Tribal social services agency that the Tribal
15.5social services agency shall maintain the data according to statutory provisions applicable
15.6to the data.
15.7 Sec. 22. Minnesota Statutes 2022, section 260.765, subdivision 3, is amended to read:
15.8 Subd. 3.Notice of administrative review.In an administrative review of a voluntary
15.9foster care placement, the Tribal social services agency of the child, the Indian custodian,
15.10and the parents of the child shall have notice and a right of intervention and participation
15.11in the review.
15.12Sec. 23. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
15.13to read:
15.14 Subd. 3a.Court requirements for consent.Where any parent or Indian custodian
15.15voluntarily consents to a foster care placement or to termination of parental rights, the
15.16consent shall not be valid unless executed in writing and recorded before a judge and
15.17accompanied by the presiding judge's certificate that the terms and consequences of the
15.18consent were fully explained in detail and were fully understood by the parent or Indian
15.19custodian. The court shall also certify that either the parent or Indian custodian fully
15.20understood the explanation in English or that it was interpreted into a language the parent
15.21or Indian custodian understood. Any consent given prior to, or within ten days after, birth
15.22of the Indian child shall not be valid.
15.23Sec. 24. Minnesota Statutes 2022, section 260.765, subdivision 4, is amended to read:
15.24 Subd. 4.Withdrawal of consent to voluntary placement; return of child in voluntary
15.25placement.Any parent or Indian custodian may withdraw consent to a child placement at
15.26any time and, upon the withdrawal of consent, the child shall be returned to the parent or
15.27the Indian custodian. Upon demand by the parent or Indian custodian of an Indian child,
15.28the local social services agency or private licensed child-placing agency that placed the
15.29child shall return the child in voluntary foster care placement to the parent or Indian custodian
15.30within 24 hours of the receipt of the demand. If the request for return does not satisfy the
15.31requirement of section 260.755, subdivision 5, the local social services agency or private
15.32child-placing agency shall immediately inform the parent or Indian custodian of the Indian
15.33child of the requirement.
15Sec. 24.
23-02562 as introduced01/17/23 REVISOR SGS/DD 16.1 Sec. 25. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
16.2to read:
16.3 Subd. 4a.Withdrawal of consent to voluntary termination of parental rights or
16.4adoptive placement; return of custody.In any voluntary proceeding for termination of
16.5parental rights to, or adoptive placement of, an Indian child, the consent of the parent may
16.6be withdrawn for any reason at any time prior to the entry of a final decree of termination
16.7or adoption, as the case may be, and the child shall be returned to the parent.
16.8 Sec. 26. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
16.9to read:
16.10 Subd. 4b.Collateral attack; vacation of decree and return of custody;
16.11limitations.After the entry of a final decree of adoption of an Indian child in any state
16.12court, the parent may withdraw consent upon the grounds that consent was obtained through
16.13fraud or duress and may petition the court to vacate the decree. Upon a finding that consent
16.14was obtained through fraud or duress, the court shall vacate the decree and return the child
16.15to the parent. No adoption which has been effective for at least two years may be invalidated
16.16under the provisions of this subdivision unless otherwise permitted under a provision of
16.17state law.
16.18Sec. 27. Minnesota Statutes 2022, section 260.771, is amended to read:
16.19 260.771 INVOLUNTARY CHILD PLACEMENT PROCEEDINGS.
16.20 Subdivision 1.Indian Tribe jurisdiction.(a) An Indian Tribe has exclusive jurisdiction
16.21over a all child placement proceeding proceedings involving an Indian child who resides
16.22or is domiciled within the reservation of the Tribe, except where jurisdiction is otherwise
16.23vested in the state by existing federal law. When
16.24 (b) Where an Indian child is a ward of the Tribal court, the Indian Tribe retains exclusive
16.25jurisdiction, notwithstanding the residence or domicile of the child unless the Tribe agrees
16.26to allow concurrent jurisdiction with the state.
16.27 (c) An Indian Tribe and the state of Minnesota share concurrent jurisdiction over a child
16.28placement proceeding involving an Indian child who resides or is domiciled outside of the
16.29reservation of the Tribe.
16.30 Subd. 1a.Active efforts.In any child-placing proceeding, the child-placing agency or
16.31individual petitioner shall ensure that appropriate active efforts as described in section
16.32260.762 are provided to the Indian parent or parents, Indian custodian, and family to support
16Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 17.1reunification and preservation of the child's placement with and relationship to the Indian
17.2child's family.
17.3 Subd. 1b.Placement preference.In any child-placing proceeding, the child-placing
17.4agency or individual petitioner shall follow the placement preferences described in
17.5subdivision 7 or, where preferred placement is not available even with the provisions of
17.6active efforts, shall follow subdivision 7, paragraphs (k) to (p).
17.7 Subd. 1c.Identification of extended family members.Any child-placing agency or
17.8individual petitioner considering placement of an Indian child shall make active efforts to
17.9identify and locate siblings and extended family members and to explore placement with
17.10an extended family member and facilitate continued involvement in the Indian child's life.
17.11 Subd. 1d.Notice of hearings.The notice provisions in section 260.761 apply to all
17.12involuntary child placement proceedings under this section. An Indian child ten years of
17.13age and older, the Indian child's parent or parents, the Indian custodian, and the Indian
17.14child's Tribe shall have notice of the right to participate in all hearings regarding the Indian
17.15child.
17.16 Subd. 2.Court determination of Tribal affiliation of child.In any child placement
17.17proceeding, the court shall establish whether an Indian child is involved and the identity of
17.18the Indian child's Tribe. This chapter Sections 260.751 to 260.835 and the federal Indian
17.19Child Welfare Act are applicable without exception in any child custody proceeding, as
17.20defined in the federal act, involving an Indian child. This chapter applies Sections 260.751
17.21to 260.835 apply to child custody proceedings involving an Indian child whether the child
17.22is in the physical or legal custody of an Indian parent or parents, Indian custodian, Indian
17.23extended family member, or other person at the commencement of the proceedings. A court
17.24shall not determine the applicability of this chapter sections 260.751 to 260.835 or the
17.25federal Indian Child Welfare Act to a child custody proceeding based upon whether an
17.26Indian child is part of an existing Indian family or based upon the level of contact a child
17.27has with the child's Indian Tribe, reservation, society, or off-reservation community.
17.28 Subd. 2a.Right of intervention.In any state court child placement proceeding of an
17.29Indian child, the Indian child's Tribe, parent or parents, and Indian custodian shall have the
17.30right to intervene at any point in the proceeding.
17.31 Subd. 2b.Appointment of counsel.(a) In any state court child placement proceeding,
17.32the parent or parents or Indian custodian shall have the right to be represented by an attorney.
17.33If the parent or parents or Indian custodian cannot afford an attorney and meet the
17.34requirements of section 611.17, an attorney will be appointed to represent them.
17Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 18.1 (b) In any state court child placement proceeding, any child ten years of age or older
18.2shall have the right to court-appointed counsel.
18.3 Subd. 2c.Examination of reports or other documents.Each party to a proceeding
18.4under this section involving an Indian child shall have the right to examine all the reports
18.5or other documents filed with the court upon which any decision with respect to the action
18.6may be based.
18.7 Subd. 2d.Tribal access to files and other documents.At any subsequent stage of the
18.8child-placing agency involvement with an Indian child, the child-placing agency or individual
18.9shall, upon request, give the Tribal social services agency full cooperation including access
18.10to all files concerning the Indian child. If the files contain confidential or private data, the
18.11child-placing agency or individual may require execution of an agreement with the Tribal
18.12social services agency specifying that the Tribal social services agency shall maintain the
18.13data according to statutory provisions applicable to the data.
18.14 Subd. 3.Transfer of proceedings.(a) In a any child custody proceeding for: (1) the
18.15termination of parental rights; or (2) the involuntary foster care placement of an Indian child
18.16not within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
18.17contrary, shall transfer the proceeding to the jurisdiction of the Tribe absent objection by
18.18either parent, upon. The petition of either to transfer may be filed by the Indian child's
18.19parent, the Indian custodian, or the Indian child's Tribe. The transfer is subject to declination
18.20by the Tribal court of the Tribe.
18.21 (b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
18.22within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
18.23contrary, shall transfer the proceeding to the jurisdiction of the Tribe. The transfer is subject
18.24to declination by the Tribal court of the Tribe. For the purposes of this subdivision,
18.25"preadoptive placement" and "adoptive placement" have the meanings give in section
18.26260.755, subdivision 3.
18.27 (c) At any point in a proceeding for finalizing a permanency plan, the court, in the
18.28absence of good cause to the contrary and in the absence of an objection by either parent,
18.29shall transfer the proceeding to Tribal court for the purpose of achieving a customary adoption
18.30or other culturally appropriate permanency option. This transfer shall be made upon the
18.31petition of a parent whose parental rights have not been terminated, the Indian custodian,
18.32or the Indian child's Tribe. The transfer is subject to declination by the Tribal court of the
18.33Tribe.
18Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 19.1 Subd. 3a.Good cause to deny transfer.(a) Establishing good cause to deny transfer
19.2of jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case
19.3basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian
19.4Affairs social services or judicial systems must not be considered in a determination that
19.5good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the
19.6burden to prove by clear and convincing evidence that good cause to deny transfer exists.
19.7Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must
19.8be served upon all parties.
19.9 (b) The court may find good cause to deny transfer to Tribal court if:
19.10 (1) the Indian child's Tribe does not have a Tribal court or any other administrative body
19.11of a Tribe vested with authority over child custody proceedings, as defined by the Indian
19.12Child Welfare Act, United States Code, title 25, chapter 21, to which the case can be
19.13transferred, and no other Tribal court has been designated by the Indian child's Tribe; or
19.14 (2) the evidence necessary to decide the case could not be adequately presented in the
19.15Tribal court without undue hardship to the parties or the witnesses and the Tribal court is
19.16unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without
19.17evidence of undue hardship, travel distance alone is not a basis for denying a transfer.
19.18 Subd. 4.Effect of Tribal court placement orders.To the extent that any child subject
19.19to sections 260.755 to 260.835 is otherwise eligible for social services, orders of a Tribal
19.20court concerning placement of such child shall have the same force and effect as orders of
19.21a court of this state. (a) The court shall give full faith and credit to Tribal court placement
19.22orders. In any case where the Tribal court orders placement through a local social services
19.23agency, the court shall provide to and services, including but not limited to case planning
19.24services, full faith and credit of the Tribal court's order shall be provided so long as the local
19.25agency county of financial responsibility was provided notice and an opportunity to be heard
19.26regarding the placement expenses. Determination of county of financial responsibility for
19.27the placement shall be determined by the local social services child-placing agency in
19.28accordance with section 256G.02, subdivision 4. Disputes concerning the county of financial
19.29responsibility shall be settled in the manner prescribed in section 256G.09.
19.30 (b) The court shall give full faith and credit to the public acts, records, and judicial
19.31proceedings of any Indian Tribe in all proceedings under sections 260.755 to 260.835. The
19.32courts shall give deference to the Tribe's interpretation of the Tribe's own unique system of
19.33laws. If further interpretation of a Tribe's laws or order is required, the court shall transfer
19Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 20.1the proceedings to the jurisdiction of the Tribal court for interpretation of the Tribal court's
20.2order.
20.3 Subd. 5.Indian Tribe agreements.The commissioner or the local social service agency
20.4is hereby authorized to enter into agreements with Indian Tribes pursuant to United States
20.5Code, title 25, section 1919, respecting care and custody of Indian children and jurisdiction
20.6over child custody proceedings, including agreements which may provide for orderly transfer
20.7of jurisdiction on a case-by-case basis and agreements which provide for concurrent
20.8jurisdiction between the state and an Indian Tribe.
20.9 Subd. 6.Qualified expert witness and evidentiary requirements.(a) In an involuntary
20.10foster care placement proceeding, the court must determine by clear and convincing evidence,
20.11including testimony of a qualified expert witness, that continued custody of the child by the
20.12parent or Indian custodian is likely to result in serious emotional damage or serious physical
20.13damage to the child as defined in the Indian Child Welfare Act of 1978, United States Code,
20.14title 25, section 1912(e).
20.15 In a termination of parental rights proceeding, the court must determine by evidence
20.16beyond a reasonable doubt, including testimony of a qualified expert witness, that continued
20.17custody of the child by the parent or Indian custodian is likely to result in serious emotional
20.18damage or serious physical damage to the child as defined in the Indian Child Welfare Act
20.19of 1978, United States Code, title 25, section 1912(f).
20.20 In an involuntary permanent transfer of legal and physical custody proceeding, permanent
20.21custody to the agency proceedings, temporary custody to the agency, or other permanency
20.22proceedings, the court must determine by clear and convincing evidence, including testimony
20.23of a qualified expert witness, that the continued custody of the Indian child by the Indian
20.24child's parent or parents or Indian custodian is likely to result in serious emotional damage
20.25or serious physical damage to the child. Qualified expert witness testimony is not required
20.26where custody is transferred to the Indian child's parent.
20.27 Testimony of a qualified expert witness shall be provided for involuntary foster care
20.28placement and permanency proceedings independently.
20.29 (b) The local social services child-placing agency, individual petitioner, or any other
20.30party shall make diligent efforts to locate and present to the court a qualified expert witness
20.31designated by the Indian child's Tribe. The qualifications of a qualified expert witness
20.32designated by the Indian child's Tribe are not subject to a challenge in Indian child custody
20.33proceedings.
20Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 21.1 (c) If a party cannot obtain testimony from a Tribally designated qualified expert witness,
21.2the party shall submit to the court the diligent efforts made to obtain a Tribally designated
21.3qualified expert witness.
21.4 (d) If clear and convincing evidence establishes that a party's diligent efforts cannot
21.5produce testimony from a Tribally designated qualified expert witness, the party shall
21.6demonstrate to the court that a proposed qualified expert witness is, in descending order of
21.7preference:
21.8 (1) a member of the child's Tribe who is recognized by the Indian child's Tribal
21.9community as knowledgeable in Tribal customs as they pertain to family organization and
21.10child-rearing practices; or
21.11 (2) an Indian person from an Indian community who has substantial experience in the
21.12delivery of child and family services to Indians and extensive knowledge of prevailing social
21.13and cultural standards and contemporary and traditional child-rearing practices of the Indian
21.14child's Tribe.
21.15If clear and convincing evidence establishes that diligent efforts have been made to obtain
21.16a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have
21.17not been successful, a party may use an expert witness, as defined by the Minnesota Rules
21.18of Evidence, rule 702, who has substantial experience in providing services to Indian families
21.19and who has substantial knowledge of prevailing social and cultural standards and
21.20child-rearing practices within the Indian community. The court or any party may request
21.21the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the
21.22Indian child's Tribe in locating persons qualified to serve as expert witnesses.
21.23 (e) The court may allow alternative methods of participation and testimony in state court
21.24proceedings by a qualified expert witness, such as participation or testimony by telephone,
21.25videoconferencing, or other methods.
21.26 Subd. 7.Order of placement preference; deviation.(a) The court must follow the
21.27order of placement preferences required by the Indian Child Welfare Act of 1978, United
21.28States Code, title 25, section 1915, when placing an Indian child. In all proceedings where
21.29custody of the Indian child may be removed from the parent, the Indian child shall be placed
21.30in the least restrictive setting which most approximates a family and in which the Indian
21.31child's special needs, if any, may be met. The Indian child shall also be placed within
21.32reasonable proximity to the Indian child's home, taking into account any special needs of
21.33the Indian child.
21Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 22.1 (b) In the case of a placement under paragraph (c) or (d), if the Indian child's Tribe has
22.2established a different order of placement preference by resolution, the child-placing agency
22.3and the court shall recognize the Indian child's Tribe's order of placement in the form
22.4provided by the Tribe.
22.5 (c) Preference shall be given, in the absence of good cause to the contrary, to a placement
22.6with:
22.7 (1) a noncustodial parent or Indian custodian;
22.8 (2) a member of the child's extended family;
22.9 (3) a foster home licensed, approved, or specified by the Indian child's Tribe;
22.10 (4) an Indian foster home licensed or approved by an authorized non-Indian licensing
22.11authority; or
22.12 (5) an institution for children approved by an Indian Tribe or operated by an Indian
22.13organization which has a program suitable to meet the Indian child's needs.
22.14 (d) In any adoptive placement, transfer of custody placement, or other permanency
22.15placement of an Indian child, a preference shall be given, in the absence of good cause to
22.16the contrary, to a placement with:
22.17 (1) the Indian child's noncustodial parent or Indian custodian;
22.18 (2) a member of the child's extended family;
22.19 (3) other members of the Indian child's Tribe; or
22.20 (4) other persons or entities recognized as appropriate to be a permanency resource for
22.21the Indian child, by the Indian child's parent or parents, Indian custodian, or Indian Tribe.
22.22 (e) The county shall defer to the judgment of the Indian child's Tribe as to the suitability
22.23of a placement.
22.24 (f) The court shall consider the preference of the Indian child or parent.
22.25 (g) The standards to be applied in meeting the preference requirements of this subdivision
22.26shall be the prevailing social and cultural standards of the Indian community in which the
22.27parent or extended family resides or with which the parent or extended family members
22.28maintain social and cultural ties.
22.29 (h) Whenever an Indian child is removed from a foster care home or institution for the
22.30purpose of further foster care, preadoptive, or adoptive placement, the placement shall be
22.31in accordance with the placement preferences, except in the case where an Indian child is
22Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 23.1being returned to the parent or Indian custodian from whose custody the Indian child was
23.2originally removed.
23.3 (i) A record of each such placement under state law of an Indian child shall be maintained
23.4by the county in which the placement was made and by the Department of Human Services
23.5evidencing the efforts to comply with the order of preference specified in this section. The
23.6record shall be made available at any time upon the request of the Secretary of the Interior
23.7or the Indian child's Tribe.
23.8 (b) (j) The court may place a child outside the order of shall follow the placement
23.9preferences only if the court determines there is good cause based on in paragraphs (a) to
23.10(i), except as follows:
23.11 (1) where a parent evidences a desire for anonymity, the child-placing agency and the
23.12court shall give weight to the parent's desire for anonymity in applying the preferences. A
23.13parent's desire for anonymity does not excuse the application of sections 260.751 to 260.835;
23.14or
23.15 (2) where the court determines there is good cause based on:
23.16 (1) (i) the reasonable request of the Indian child's parents, if one or both parents attest
23.17that they have reviewed the placement options that comply with the order of placement
23.18preferences;
23.19 (2) (ii) the reasonable request of the Indian child if the child is able to understand and
23.20comprehend the decision that is being made;
23.21 (3) (iii) the testimony of a qualified expert designated by the child's Tribe and, if
23.22necessary, testimony from an expert witness who meets qualifications of subdivision 6,
23.23paragraph (d), clause (2), that supports placement outside the order of placement preferences
23.24due to extraordinary physical or emotional needs of the child that require highly specialized
23.25services; or
23.26 (4) (iv) the testimony by the local social services child-placing agency that a diligent
23.27search has been conducted that did not locate any available, suitable families for the child
23.28that meet the placement preference criteria.
23.29 (c) (k) Testimony of the child's bonding or attachment to a foster family alone, without
23.30the existence of at least one of the factors in paragraph (b) (j), clause (2), shall not be
23.31considered good cause to keep an Indian child in a lower preference or nonpreference
23.32placement. Ease of visitation and facilitation of relationship with the Indian child's parents,
23.33Indian custodian, extended family, or Tribe may be considered when determining placement.
23Sec. 27.
23-02562 as introduced01/17/23 REVISOR SGS/DD 24.1 (d) (l) A party who proposes that the required order of placement preferences not be
24.2followed bears the burden of establishing by clear and convincing evidence that good cause
24.3exists to modify the order of placement preferences.
24.4 (e) (m) If the court finds there is good cause to place the Indian child outside the order
24.5of placement preferences, the court must make written findings.
24.6 (f) (n) A good cause finding under this subdivision must consider whether active efforts
24.7were provided to extended family members who are considered the primary placement
24.8option to assist them in becoming a placement option for the Indian child as required by
24.9section 260.762.
24.10 (g) (o) When a an Indian child is placed outside the order of placement preferences,
24.11good cause to continue this placement must be determined at every stage of the proceedings.
24.12 Subd. 8.Guardian ad litems for Indian children.Guardian ad litems shall be
24.13specifically trained in the provision of services to Indian children, parent or parents, and
24.14Indian custodians under relevant federal and state laws and rules of court pursuant to section
24.15480.35, subdivision 2, clause (3).
24.16Sec. 28. [260.774] IMPROPER REMOVAL OF CHILD, DECLINATION OF
24.17JURISDICTION, INVALIDATION, RETURN OF CUSTODY.
24.18 Subdivision 1.Improper removal.In any proceeding where custody of the Indian child
24.19was improperly removed from the parent or parents or where the petitioner has improperly
24.20retained custody after a visit or other temporary relinquishment of custody, the court shall
24.21decline jurisdiction over the petition and shall immediately return the Indian child to the
24.22Indian child's parent or parents or Indian custodian unless returning the Indian child to the
24.23Indian child's parent or parents or Indian custodian would subject the Indian child to a
24.24substantial and immediate danger or threat of such danger.
24.25 Subd. 2.Invalidation.(a) Any order for out-of-home placement, transfer of custody,
24.26termination of parental rights, or other permanent change in custody of an Indian child shall
24.27be invalidated upon a showing, by a preponderance of the evidence, that a violation of any
24.28one of the provisions in section 260.761, 260.7611, 260.762, 260.765, or 260.771 has
24.29occurred.
24.30 (b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or
24.31Indian Tribe may file a petition to invalidate under this subdivision.
24.32 (c) Upon a finding that a violation of one of the provisions in section 260.761, 260.7611,
24.33260.762, 260.765, or 260.771 has occurred, the court shall:
24Sec. 28.
23-02562 as introduced01/17/23 REVISOR SGS/DD 25.1 (1) dismiss the petition without prejudice; and
25.2 (2) return the Indian child to the care, custody, and control of the parent or parents or
25.3Indian custodian, unless the Indian child would be subjected to imminent damage or harm.
25.4 Subd. 3.Return of custody following adoption.(a) Whenever a final decree of adoption
25.5of an Indian child has been vacated, set aside, or there is a termination of the parental rights
25.6of the adoptive parents to the child, a biological parent or prior Indian custodian may petition
25.7for return of custody and the court shall grant the petition unless there is a showing, in
25.8proceedings subject to the provision of sections 260.751 to 260.835, that the return of custody
25.9is not in the best interests of the Indian child.
25.10 (b) The county attorney, Indian child, Indian child's Tribe, or a parent whose parental
25.11rights were terminated under a previous order of the court may file a petition for the return
25.12of custody.
25.13 (c) A petition for return of custody may be filed in court when:
25.14 (1) the parent has corrected the conditions that led to an order terminating parental rights;
25.15 (2) the parent is willing and has the capability to provide day-to-day care and maintain
25.16the health, safety, and welfare of the Indian child; and
25.17 (3) the adoption has been vacated, set aside, or termination of the parental rights of the
25.18adoptive parents to the Indian child has occurred.
25.19 (d) A petition for reestablishment of the legal parent and child relationship for a child
25.20who has not been adopted must meet the requirements in section 260C.329.
25.21Sec. 29. [260.7745] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
25.22ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
25.23 A Tribe and a county may enter a written agreement transferring responsibility for the
25.24screening and initial response to a child maltreatment report regarding an Indian child
25.25residing in the county where the child's reservation is located, from the county to the Tribe.
25.26An agreement under this section shall include a provision clarifying whether the county or
25.27the Tribe is responsible for ongoing case management stemming from a child maltreatment
25.28report.
25Sec. 29.
23-02562 as introduced01/17/23 REVISOR SGS/DD 26.1 Sec. 30. Minnesota Statutes 2022, section 260.781, is amended to read:
26.2 260.781 RECORDS; INFORMATION AVAILABILITY.
26.3 Subdivision 1.Court decree information.(a) A state court entering a final decree or
26.4order in an Indian child adoptive placement shall provide the Department of Human Services
26.5and the child's Tribal social services agency with a copy of the decree or order together with
26.6such other information to show:
26.7 (1) the name and Tribal affiliation of the child;
26.8 (2) the names and addresses of the biological parents;
26.9 (3) the names and addresses of the adoptive parents; and
26.10 (4) the identity of any agency having files or information relating to the adoptive
26.11placement.
26.12 If the court records contain an affidavit of the biological or adoptive parent or parents
26.13requesting anonymity, the court shall delete the name and address of the biological or
26.14adoptive parents from the information sent to the child's Tribal social services agency. The
26.15court shall include the affidavit with the other information provided to the Minnesota
26.16Department of Human Services and the Secretary of the Interior. The Minnesota Department
26.17of Human Services and the Secretary of the Interior shall ensure that the confidentiality of
26.18the information is maintained and the information shall not be subject to the Freedom of
26.19Information Act, United States Code, title 5, section 552, as amended.
26.20 (b) For:
26.21 (1) disclosure of information for enrollment of an Indian child in the Tribe;
26.22 (2) determination of member rights or benefits; or
26.23 (3) certification of entitlement to membership upon the request of the adopted Indian
26.24child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian
26.25Tribe,
26.26the Secretary of the Interior shall disclose any other necessary information for the
26.27membership of an Indian child in the Tribe in which the Indian child may be eligible for
26.28membership or for determining any rights or benefits associated with that membership.
26.29Where the documents relating to the Indian child contain an affidavit from the biological
26.30parent or parents requesting anonymity, the Secretary of the Interior shall certify to the
26.31Indian child's Tribe, where the information warrants, that the Indian child's parentage and
26Sec. 30.
23-02562 as introduced01/17/23 REVISOR SGS/DD 27.1other circumstances of birth entitle the Indian child to membership under the criteria
27.2established by the Tribe.
27.3 Subd. 2.Disclosure of records.Upon the request of an adopted Indian person over the
27.4age of 18, the adoptive or foster parents of an Indian person, or an Indian Tribal social
27.5services agency, the Department of Human Services shall disclose to the Indian person's
27.6Tribe information necessary for membership of an Indian person in the Tribe in which the
27.7person may be eligible for membership or for determining any rights or benefits associated
27.8with that membership. When the documents relating to the person contain an affidavit from
27.9the biological or adoptive parent or parents requesting anonymity, the department must use
27.10the procedures described in United States Code, title 25, section 1951, paragraph (b)
27.11subdivision 1.
27.12 Subd. 3.Tribal affiliation information.Upon application by an Indian individual who
27.13has reached the age of eighteen and who was the subject of an adoptive placement, the court
27.14that entered the final decree shall inform the individual of the Tribal affiliation, if any, of
27.15the individual's biological parents and provide any other necessary information to protect
27.16any rights flowing from the individual's Tribal relationship.
27.17Sec. 31. Minnesota Statutes 2022, section 260.785, subdivision 2, is amended to read:
27.18 Subd. 2.Special focus grants.The commissioner shall establish direct grants to local
27.19social services child-placing agencies, Tribes, Indian organizations, and other organizations
27.20for placement prevention and family reunification services for Indian children.
27.21Sec. 32. Minnesota Statutes 2022, section 260.791, is amended to read:
27.22 260.791 GRANT APPLICATIONS.
27.23 A Tribe, Indian organization, or Tribal social services agency program located
27.24off-reservation may apply for primary support grants under section 260.785, subdivision 1.
27.25A local social services child-placing agency, Tribe, Indian organization, or other social
27.26service organization may apply for special focus grants under section 260.785, subdivision
27.272. Civil legal service organizations eligible for grants under section 260.785, subdivision
27.283, may apply for grants under that section. Application may be made alone or in combination
27.29with other Tribes or Indian organizations.
27.30Sec. 33. Minnesota Statutes 2022, section 260.795, subdivision 1, is amended to read:
27.31 Subdivision 1.Types of services.(a) Eligible Indian child welfare services provided
27.32under primary support grants include:
27Sec. 33.
23-02562 as introduced01/17/23 REVISOR SGS/DD 28.1 (1) placement prevention and reunification services;
28.2 (2) family-based services;
28.3 (3) individual and family counseling;
28.4 (4) access to professional individual, group, and family counseling;
28.5 (5) crisis intervention and crisis counseling;
28.6 (6) development of foster and adoptive placement resources, including recruitment,
28.7licensing, and support;
28.8 (7) court advocacy;
28.9 (8) training and consultation to county and private social services agencies regarding
28.10the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act;
28.11 (9) advocacy in working with the county and private social services agencies, and
28.12activities to help provide access to agency services, including but not limited to 24-hour
28.13caretaker and homemaker services, day care, emergency shelter care up to 30 days in 12
28.14months, access to emergency financial assistance, and arrangements to provide temporary
28.15respite care to a family for up to 72 hours consecutively or 30 days in 12 months;
28.16 (10) transportation services to the child and parents to prevent placement or reunite the
28.17family; and
28.18 (11) other activities and services approved by the commissioner that further the goals
28.19of the Indian Child Welfare Act and the Indian Family Preservation Act, including but not
28.20limited to recruitment of Indian staff for local social services child-placing agencies and
28.21licensed child-placing agencies. The commissioner may specify the priority of an activity
28.22and service based on its success in furthering these goals.
28.23 (b) Eligible services provided under special focus grants include:
28.24 (1) permanency planning activities that meet the special needs of Indian families;
28.25 (2) teenage pregnancy;
28.26 (3) independent living skills;
28.27 (4) family and community involvement strategies to combat child abuse and chronic
28.28neglect of children;
28.29 (5) coordinated child welfare and mental health services to Indian families;
28Sec. 33.
23-02562 as introduced01/17/23 REVISOR SGS/DD 29.1 (6) innovative approaches to assist Indian youth to establish better self-image, decrease
29.2isolation, and decrease the suicide rate;
29.3 (7) expanding or improving services by packaging and disseminating information on
29.4successful approaches or by implementing models in Indian communities relating to the
29.5development or enhancement of social structures that increase family self-reliance and links
29.6with existing community resources;
29.7 (8) family retrieval services to help adopted individuals reestablish legal affiliation with
29.8the Indian Tribe; and
29.9 (9) other activities and services approved by the commissioner that further the goals of
29.10the Indian Child Welfare Act and the Indian Family Preservation Act. The commissioner
29.11may specify the priority of an activity and service based on its success in furthering these
29.12goals.
29.13 (c) The commissioner shall give preference to programs that use Indian staff, contract
29.14with Indian organizations or Tribes, or whose application is a joint effort between the Indian
29.15and non-Indian community to achieve the goals of the Indian Child Welfare Act and the
29.16Minnesota Indian Family Preservation Act. Programs must have input and support from the
29.17Indian community.
29.18Sec. 34. Minnesota Statutes 2022, section 260.805, is amended to read:
29.19 260.805 CONTINUED LEGAL RESPONSIBILITY OF LOCAL SOCIAL
29.20SERVICES CHILD-PLACING AGENCIES.
29.21 The legal responsibility of local social services child-placing agencies to provide Indian
29.22child welfare services continues, and existing services must not be reduced because of the
29.23availability of these funds.
29.24Sec. 35. Minnesota Statutes 2022, section 260.821, subdivision 2, is amended to read:
29.25 Subd. 2.Special focus grants.The amount available for grants established under section
29.26260.785, subdivision 2, for local social services child-placing agencies, Tribes, Indian
29.27organizations, and other social services organizations is one-fifth of the total annual
29.28appropriation for Indian child welfare grants. The maximum award under this subdivision
29.29is $100,000 a year for programs approved by the commissioner.
29Sec. 35.
23-02562 as introduced01/17/23 REVISOR SGS/DD 30.1 Sec. 36. Minnesota Statutes 2022, section 260.835, subdivision 2, is amended to read:
30.2 Subd. 2.Expiration.The American Indian Child Welfare Advisory Council expires
30.3June 30, 2023. This section does not expire.
30.4 Sec. 37. [260.836] SEVERABILITY.
30.5 If any provision in sections 260.751 to 260.835 is held invalid or contrary to the
30.6Constitution of the United States or the Minnesota Constitution or the applicability thereof
30.7to any government, agency, person, or circumstance is held invalid, the validity of the
30.8remainder of the provisions in sections 260.751 to 260.835 and the applicability thereof to
30.9any government, agency, person or circumstance shall not be affected thereby.
30.10Sec. 38. REVISOR INSTRUCTION.
30.11 (a) The revisor shall renumber each section of Minnesota Statutes in Column A with
30.12the number in Column B.
Column B30.13 Column A
260.774530.14 260.7611
260.765, subdivision 1a30.15 260.765, subdivision 5
260.763, subdivision 130.16 260.771, subdivision 1
260.763, subdivision 230.17 260.771, subdivision 4, paragraph (a)
260.763, subdivision 2d30.18 260.771, subdivision 4, paragraph (b)
260.763, subdivision 330.19 260.771, subdivision 5
260.763, subdivision 430.20 260.771, subdivision 3
260.763, subdivision 530.21 260.771, subdivision 3a
260.77330.22 260.771, subdivision 7
30.23 (b) Section 260.763 shall be titled "JURISDICTION AND TRANSFER TO TRIBAL
30.24COURT."
30.25 (c) Section 260.773 shall be titled "PLACEMENT OF INDIAN CHILDREN." The
30.26revisor shall renumber the paragraphs in 260.771, subdivision 7, into subdivisions under
30.27section 260.773.
30.28 (d) The revisor shall make necessary cross-reference changes consistent with the
30.29renumbering in this section.
30.30Sec. 39. REPEALER.
30.31 Minnesota Statutes 2022, section 260.755, subdivision 17, is repealed.
30Sec. 39.
23-02562 as introduced01/17/23 REVISOR SGS/DD 260.755 DEFINITIONS.
Subd. 17.Private child-placing agency."Private child-placing agency" means a private
organization, association, or corporation providing assistance to children and parents in their own
homes and placing children in foster care or for adoption.
1R
APPENDIX
Repealed Minnesota Statutes: 23-02562