Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF667 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to children; making changes to the Minnesota Indian Family Preservation
3	3		1.3 Act; amending Minnesota Statutes 2022, sections 260.753; 260.755, subdivisions
4	4		1.4 1a, 3, 20, 22, by adding subdivisions; 260.761; 260.7611; 260.762; 260.765,
5	5		1.5 subdivisions 1, 2, 3, 4, by adding subdivisions; 260.771; 260.781; 260.785,
6	6		1.6 subdivision 2; 260.791; 260.795, subdivision 1; 260.805; 260.821, subdivision 2;
7	7		1.7 260.835, subdivision 2; proposing coding for new law in Minnesota Statutes,
8	8		1.8 chapter 260; repealing Minnesota Statutes 2022, section 260.755, subdivision 17.
9	9		1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10	10		1.10 Section 1. [260.752] APPLICABILITY.
11	11		1.11 Unless otherwise stated, sections 260.751 to 260.835 and the federal Indian Child Welfare
12	12		1.12Act are applicable without exception in any child placement proceeding involving an Indian
13	13		1.13child where custody is granted to someone other than a parent or an Indian custodian.
14	14		1.14Nothing in sections 260.751 to 260.835 is intended to apply to custody actions between
15	15		1.15parents or between a parent and Indian custodian.
16	16		1.16 Sec. 2. Minnesota Statutes 2022, section 260.753, is amended to read:
17	17		1.17 260.753 PURPOSES.
18	18		1.18 The purposes of Laws 2015, chapter 78, the Minnesota Indian Family Preservation Act
19	19		1.19are to (1) protect the long-term interests, as defined by the Tribes, of Indian children, their
20	20		1.20families as defined by law or custom, and the child's Tribe; and (2) preserve the Indian
21	21		1.21family and Tribal identity, including an understanding that Indian children are damaged if
22	22		1.22family and child Tribal identity and contact are denied. Indian children are the future of the
23	23		1.23Tribes and are vital to their very existence.
24	24		1Sec. 2.
25		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS
	25	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS
26	26		SENATE
27	27		STATE OF MINNESOTA
28	28		S.F. No. 667NINETY-THIRD SESSION
29		-	(SENATE AUTHORS: KUNESH, Abeler, Wiklund~~, Hauschild~~ and ~~Oumou Verbeten~~)
	29	+	(SENATE AUTHORS: KUNESH, Abeler, Wiklund and Hauschild)
30	30		OFFICIAL STATUSD-PGDATE
31	31		Introduction and first reading36801/25/2023
32	32		Referred to Health and Human Services
33	33		Comm report: To pass as amended and re-refer to Judiciary and Public Safety696a02/08/2023
34		-	Comm report: To pass as amended and re-refer to Finance789a02/13/2023
35		-	Author added Oumon Verbeten87202/16/2023
36		-	Comm report: To pass98202/21/2023
37		-	Second reading982
38		-	Special Order: Amended02/27/2023
39		-	Third reading Passed 2.1 Sec. 3. [260.754] POLICY ON TRIBAL-STATE RELATIONS.
	34	+	Comm report: To pass as amended and re-refer to Finance02/13/2023 2.1 Sec. 3. [260.754] POLICY ON TRIBAL-STATE RELATIONS.
40	35		2.2 (a) The state of Minnesota acknowledges federally recognized Indian Tribes as sovereign
41	36		2.3political entities that predate the existence of the United States and that have retained inherent
42	37		2.4sovereign authority to pass their own laws, maintain their own systems of governance, and
43	38		2.5determine their own jurisdiction. The sovereign authority of Tribes may only be limited by
44	39		2.6the federal government and not by any action of the state, including the state legislature and
45	40		2.7state courts.
46	41		2.8 (b) Inherently, as members of Indian Tribes recognized by the federal government,
47	42		2.9Indian people have rights and privileges as members of their Tribe which the state of
48	43		2.10Minnesota recognizes and protects.
49	44		2.11 (c) Indian people have a right to be protected from being disfranchised or deprived of
50	45		2.12any of the rights and privileges secured to any citizen in the state and to have the recognition
51	46		2.13and protection of the rights and privileges flowing from their membership in an Indian Tribe
52	47		2.14by any state action.
53	48		2.15 (d) The state of Minnesota recognizes all federally recognized Indian Tribes as having
54	49		2.16the inherent authority to determine their own jurisdiction for any and all Indian child custody
55	50		2.17or child placement proceedings regardless of whether the Tribe's members are on or off the
56	51		2.18reservation and regardless of the procedural posture of the proceeding.
57	52		2.19 (e) The state of Minnesota has long recognized the importance of Indian children to their
58	53		2.20Tribes not only as members of Tribal families and communities, but also as the Tribe's
59	54		2.21greatest resource as future members and leaders of the Tribe. The vitality of Indian children
60	55		2.22in the state of Minnesota is essential to the health and welfare of both the state and the Tribes
61	56		2.23and is essential to the future welfare and continued existence of the child's Tribe.
62	57		2.24 (f) The state of Minnesota recognizes that the historical deprivation of rights of Indian
63	58		2.25people and Indian Tribes has led to disparate out-of-home placement of Indian children.
64	59		2.26 Sec. 4. Minnesota Statutes 2022, section 260.755, subdivision 1a, is amended to read:
65	60		2.27 Subd. 1a.Active efforts."Active efforts" means a rigorous and concerted level of effort
66	61		2.28that is ongoing throughout the involvement of the local social services child-placing agency
67	62		2.29to continuously involve the Indian child's Tribe and that uses the prevailing social and
68	63		2.30cultural values, conditions, and way of life of the Indian child's Tribe to preserve the Indian
69	64		2.31child's family and prevent placement of an Indian child and, if placement occurs, to return
70	65		2.32the Indian child to the child's family at the earliest possible time. Active efforts sets under
71	66		2.33section 260.762 requires a higher standard than reasonable efforts to preserve the family,
72	67		2Sec. 4.
73		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 3.1prevent breakup of the family, and reunify the family, according to section 260.762. Active
	68	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 3.1prevent breakup of the family, and reunify the family, according to section 260.762. Active
74	69		3.2efforts includes include reasonable efforts as required by Title IV-E of the Social Security
75	70		3.3Act, United States Code, title 42, sections 670 to 679c.
76	71		3.4 Sec. 5. Minnesota Statutes 2022, section 260.755, subdivision 3, is amended to read:
77	72		3.5 Subd. 3.Child placement proceeding.(a) "Child placement proceeding" includes a
78	73		3.6judicial proceeding which could result in the following:
79	74		3.7 (a) (1) "adoptive placement," means meaning the permanent placement of an Indian
80	75		3.8child for adoption, including an action resulting in a final decree of adoption.;
81	76		3.9 (b) (2) "involuntary foster care placement," means meaning an action removing an Indian
82	77		3.10child from its the child's parents or Indian custodian for temporary placement in a foster
83	78		3.11home, institution, or the home of a guardian. The parent or Indian custodian cannot have
84	79		3.12the Indian child returned upon demand, but parental rights have not been terminated.;
85	80		3.13 (c) (3) "preadoptive placement," means meaning the temporary placement of an Indian
86	81		3.14child in a foster home or institution after the termination of parental rights, before or instead
87	82		3.15of adoptive placement.; or
88	83		3.16 (d) (4) "termination of parental rights," means meaning an action resulting in the
89	84		3.17termination of the parent-child relationship under section 260C.301.
90	85		3.18 (b) The terms include term child placement proceeding includes all placements where
91	86		3.19Indian children are placed out-of-home or away from the care, custody, and control of their
92	87		3.20parent or parents or Indian custodian that do not implicate custody between the parents.
93	88		3.21Child placement proceeding also includes any placement based upon juvenile status offenses,
94	89		3.22but do does not include a placement based upon an act which if committed by an adult
95	90		3.23would be deemed a crime, or upon an award of custody in a divorce proceeding to one of
96	91		3.24the parents.
97	92		3.25 Sec. 6. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
98	93		3.26read:
99	94		3.27 Subd. 3a.Child-placing agency."Child-placing agency" means a public, private, or
100	95		3.28nonprofit legal entity: (1) providing assistance to a child and the child's parent or parents;
101	96		3.29or (2) placing a child in foster care or for adoption on a voluntary or involuntary basis.
102	97		3Sec. 6.
103		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 4.1 Sec. 7. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
	98	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 4.1 Sec. 7. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
104	99		4.2read:
105	100		4.3 Subd. 3b.Child placement."Child placement" means placement of an Indian child on
106	101		4.4a voluntary or involuntary basis in foster care, preadoptive placement, or adoption by a
107	102		4.5child-placing agency, parent, parents, Indian custodian, or individual.
108	103		4.6 Sec. 8. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
109	104		4.7read:
110	105		4.8 Subd. 4a.Custody."Custody" means the physical or legal custody, or both, of an Indian
111	106		4.9child under any applicable Tribal law, Tribal custom, or state law. A party may demonstrate
112	107		4.10the existence of custody by looking to Tribal law, Tribal custom, or state law.
113	108		4.11 Sec. 9. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
114	109		4.12read:
115	110		4.13 Subd. 5a.Emergency proceeding."Emergency proceeding" means and includes any
116	111		4.14court action that involves an emergency removal or emergency placement of an Indian child.
117	112		4.15 Sec. 10. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision
118	113		4.16to read:
119	114		4.17 Subd. 5b.Extended family member."Extended family member" is as defined by the
120	115		4.18law or custom of the Indian child's Tribe or, in the absence of any law or custom of the
121	116		4.19Tribe, is a person who has reached the age of 18 and who is the Indian child's grandparent,
122	117		4.20aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or
123	118		4.21second cousin, or stepparent.
124	119		4.22 Sec. 11. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision
125	120		4.23to read:
126	121		4.24 Subd. 6a.Imminent physical damage or harm."Imminent physical damage or harm"
127	122		4.25means that a child is threatened with immediate and present conditions that are life
128	123		4.26threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
129	124		4.27 Sec. 12. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision
130	125		4.28to read:
131	126		4.29 Subd. 16a.Public act."Public act" means an act of legislation by a political body
132	127		4.30affecting the public as a whole.
133	128		4Sec. 12.
134		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 5.1 Sec. 13. Minnesota Statutes 2022, section 260.755, subdivision 20, is amended to read:
	129	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 5.1 Sec. 13. Minnesota Statutes 2022, section 260.755, subdivision 20, is amended to read:
135	130		5.2 Subd. 20.Tribal court."Tribal court" means a court with jurisdiction over child custody
136	131		5.3proceedings and which is either a court of Indian offenses, or a court established and operated
137	132		5.4under the code or custom of an Indian Tribe, or any other administrative body of a Tribe
138	133		5.5which is vested with authority over child custody proceedings. Except as provided in section
139	134		5.6260.771, subdivision 5, nothing in this chapter shall be construed as conferring jurisdiction
140	135		5.7on an Indian Tribe.
141	136		5.8 Sec. 14. Minnesota Statutes 2022, section 260.755, subdivision 22, is amended to read:
142	137		5.9 Subd. 22.Voluntary foster care placement."Voluntary foster care placement" means
143	138		5.10a decision in which there has been participation by a local social services child-placing
144	139		5.11agency or private child-placing agency resulting in the temporary placement of an Indian
145	140		5.12child away from the home of the child's parents or Indian custodian in a foster home,
146	141		5.13institution, or the home of a guardian, and the parent or Indian custodian may have the child
147	142		5.14returned upon demand.
148	143		5.15 Sec. 15. [260.758] EMERGENCY REMOVAL OR PLACEMENT OF INDIAN
149	144		5.16CHILD; TERMINATION; APPROPRIATE ACTION.
150	145		5.17 Subdivision 1.Emergency removal or placement permitted.Nothing in sections
151	146		5.18260.751 to 260.835 shall be construed to prevent the emergency removal of an Indian child
152	147		5.19from the Indian child's parent or Indian custodian, including an Indian child who is a resident
153	148		5.20of or is domiciled on a reservation but temporarily located off the reservation, or the
154	149		5.21emergency placement of the Indian child in a foster home or institution under sections
155		-	5.22260.751 to 260.835, in order to prevent imminent physical damage or harm to the ~~Indian~~
156		-	5.~~23child~~.
	150	+	5.22260.751 to 260.835, in order to prevent imminent serious physical damage or harm to the
	151	+	5.23Indian child.
157	152		5.24 Subd. 2.Temporary emergency jurisdiction of state courts.(a) The child-placing
158	153		5.25agency or court shall ensure that the emergency removal or placement terminates immediately
159	154		5.26when removal or placement is no longer necessary to prevent imminent physical damage
160	155		5.27or harm to the Indian child. The child-placing agency or court shall expeditiously initiate a
161	156		5.28child placement proceeding subject to the provisions of sections 260. 751 to 260.835, transfer
162	157		5.29the child to the jurisdiction of the appropriate Indian Tribe, or return the Indian child to the
163	158		5.30Indian child's parent or Indian custodian as may be appropriate.
164	159		5.31 (b) If the Indian child is a resident of or is domiciled on a reservation but temporarily
165	160		5.32located off the reservation, a court of this state has only temporary emergency jurisdiction
166	161		5.33until the Indian child is transferred to the jurisdiction of the appropriate Indian Tribe unless
167	162		5Sec. 15.
168		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 6.1the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child
	163	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 6.1the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child
169	164		6.2is returned to the Indian child's parent or Indian custodian.
170	165		6.3 Subd. 3.Petition for emergency removal; placement requirements.A petition for a
171	166		6.4court order authorizing the emergency removal or continued emergency placement of an
172	167		6.5Indian child, or the petition's accompanying documents, must contain a statement of the
173	168		6.6risk of imminent physical damage or harm to the Indian child and any evidence that the
174	169		6.7emergency removal or placement continues to be necessary to prevent imminent physical
175	170		6.8damage or harm to the Indian child. The petition or its accompanying documents must also
176	171		6.9contain the following information:
177	172		6.10 (1) the name, age, and last known address of the Indian child;
178	173		6.11 (2) the name and address of the Indian child's parents and Indian custodians, if any;
179	174		6.12 (3) the steps taken to provide notice to the Indian child's parents, Indian custodians, and
180	175		6.13Tribe about the emergency proceeding;
181	176		6.14 (4) if the Indian child's parents and Indian custodians are unknown, a detailed explanation
182	177		6.15of what efforts have been made to locate and contact them;
183	178		6.16 (5) the residence and domicile of the Indian child;
184	179		6.17 (6) if either the residence or domicile of the Indian child is believed to be on a reservation
185	180		6.18or in an Alaska Native village, the name of the Tribe affiliated with that reservation or
186	181		6.19village;
187	182		6.20 (7) the Tribal affiliation of the Indian child and of the Indian child's parents or Indian
188	183		6.21custodians;
189	184		6.22 (8) a specific and detailed account of the circumstances that led the agency responsible
190	185		6.23for the emergency removal of the Indian child to take that action;
191	186		6.24 (9) if the child is believed to reside or be domiciled on a reservation where the Tribe
192	187		6.25exercises exclusive jurisdiction over Indian child custody matters, a statement of the efforts
193	188		6.26that have been made and are being made to contact the Tribe and transfer the Indian child
194	189		6.27to the Tribe's jurisdiction; and
195	190		6.28 (10) a statement of the efforts that have been taken to assist the Indian child's parents or
196	191		6.29Indian custodians so that the Indian child may safely be returned to their custody.
197	192		6.30 Subd. 4.Emergency proceeding requirements.(a) The court shall hold a hearing no
198	193		6.31later than 72 hours, excluding weekends and holidays, after the emergency removal of the
199	194		6Sec. 15.
200		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 7.1Indian child. The court shall determine whether the emergency removal continues to be
	195	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 7.1Indian child. The court shall determine whether the emergency removal continues to be
201	196		7.2necessary to prevent imminent physical damage or harm to the Indian child.
202	197		7.3 (b) The court shall hold additional hearings whenever new information indicates that
203	198		7.4the emergency situation has ended and at any court hearing during the emergency proceeding
204	199		7.5to determine whether the emergency removal or placement is no longer necessary to prevent
205	200		7.6imminent physical damage or harm to the Indian child.
206	201		7.7 Subd. 5.Termination of emergency removal or placement.(a) An emergency removal
207	202		7.8or placement of an Indian child must immediately terminate once the child-placing agency
208	203		7.9or court possesses sufficient evidence to determine that the emergency removal or placement
209	204		7.10is no longer necessary to prevent imminent physical damage or harm to the Indian child
210	205		7.11and the Indian child shall be immediately returned to the custody of the Indian child's parent
211	206		7.12or Indian custodian.
212	207		7.13 (b) An emergency removal or placement ends when the Indian child is transferred to
213	208		7.14the jurisdiction of the Indian child's Tribe, or when the court orders, after service upon the
214	209		7.15Indian child's parents, Indian custodian, and Indian child's Tribe, that the Indian child shall
215	210		7.16be placed in foster care upon a determination supported by clear and convincing evidence,
216	211		7.17including testimony by a qualified expert witness, that custody of the Indian child by the
217	212		7.18Indian child's parent or Indian custodian is likely to result in serious emotional or physical
218	213		7.19damage to the Indian child.
219	214		7.20 (c) In no instance shall emergency removal or emergency placement of an Indian child
220	215		7.21extend beyond 30 days unless the court finds by a showing of clear and convincing evidence
221	216		7.22that: (1) continued emergency removal or placement is necessary to prevent imminent
222	217		7.23physical damage or harm to the Indian child; (2) the court has been unable to transfer the
223	218		7.24proceeding to the jurisdiction of the Indian child's Tribal court; and (3) it has not been
224	219		7.25possible to initiate a child placement proceeding with all of the protections under sections
225	220		7.26260.751 to 260.835, including obtaining the testimony of a qualified expert witness.
226	221		7.27 Sec. 16. Minnesota Statutes 2022, section 260.761, is amended to read:
227	222		7.28 260.761 SOCIAL SERVICES AGENCY AND PRIVATE LICENSED
228	223		7.29CHILD-PLACING AGENCY INQUIRY OF TRIBAL LINEAGE; NOTICE TO
229	224		7.30TRIBES, PARENTS, AND INDIAN CUSTODIANS; ACCESS TO FILES.
230	225		7.31 Subdivision 1.Inquiry of Tribal lineage.The local social services agency or private
231	226		7.32licensed child-placing agency or individual petitioner shall inquire of the child, the child's
232	227		7.33parents and custodians, and other appropriate persons whether there is any reason to believe
233	228		7Sec. 16.
234		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 8.1that a child brought to the agency's attention may have lineage to an Indian Tribe. This
	229	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 8.1that a child brought to the agency's attention may have lineage to an Indian Tribe. This
235	230		8.2inquiry shall occur at the time the child comes to the attention of the local social services
236	231		8.3child-placing agency or individual petitioner and shall continue throughout the involvement
237	232		8.4of the child-placing agency or individual petitioner.
238	233		8.5 Subd. 2.Agency and court notice to Tribes Notice to Tribes of services or court
239	234		8.6proceedings involving an Indian child.(a) When a local social services child-placing
240	235		8.7agency has information that a family assessment or investigation being conducted may
241	236		8.8involve an Indian child, the local social services child-placing agency shall notify the Indian
242	237		8.9child's Tribe of the family assessment or investigation according to section 260E.18. Initial
243	238		8.10notice shall be provided by telephone and by email or facsimile and shall include the child's
244	239		8.11full name and date of birth; the full names and dates of birth of the child's biological parents;
245	240		8.12and if known the full names and dates of birth of the child's grandparents and of the child's
246	241		8.13Indian custodian. If information regarding the child's grandparents or Indian custodian is
247	242		8.14not immediately available, the child-placing agency shall continue to request this information
248	243		8.15and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which
249	244		8.16the child may have any Tribal lineage. The local social services child-placing agency shall
250	245		8.17request that the Tribe or a designated Tribal representative participate in evaluating the
251	246		8.18family circumstances, identifying family and Tribal community resources, and developing
252	247		8.19case plans. The child-placing agency shall continue to include the Tribe in service planning
253	248		8.20and updates as to the progress of the case.
254	249		8.21 (b) When a local social services child-placing agency has information that a child
255	250		8.22receiving services may be an Indian child, the local social services child-placing agency
256	251		8.23shall notify the Tribe by telephone and by email or facsimile of the child's full name and
257	252		8.24date of birth, the full names and dates of birth of the child's biological parents, and, if known,
258	253		8.25the full names and dates of birth of the child's grandparents and of the child's Indian
259	254		8.26custodian. This notification must be provided so the Tribe can determine if the child is
260	255		8.27enrolled in the Tribe a member or eligible for membership in the Tribe, and must be provided
261	256		8.28within seven days. If information regarding the child's grandparents or Indian custodian is
262	257		8.29not available within the seven-day period, the local social services child-placing agency
263	258		8.30shall continue to request this information and shall notify the Tribe when it is received.
264	259		8.31Notice shall be provided to all Tribes to which the child may have any Tribal lineage. If the
265	260		8.32identity or location of the child's parent or Indian custodian and Tribe cannot be determined,
266	261		8.33the local social services agency shall provide the notice required in this paragraph to the
267	262		8.34United States secretary of the interior.
268	263		8Sec. 16.
269		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 9.1 (c) In accordance with sections 260C.151 and 260C.152 In all child placement
	264	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 9.1 (c) In accordance with sections 260C.151 and 260C.152 In all child placement
270	265		9.2proceedings, when a court has reason to believe that a child placed in emergency protective
271	266		9.3care is an Indian child, the court administrator or a designee shall, as soon as possible and
272	267		9.4before a hearing takes place, notify the Tribal social services agency by telephone and by
273	268		9.5email or facsimile of the date, time, and location of the emergency protective case care or
274		-	9.6other initial hearing. The court shall make efforts to allow appearances by telephone or
275		-	9.~~7video conference for Tribal~~ representatives, parents, and Indian custodians.
	269	+	9.6other initial hearing. The court shall make efforts to allow appearances by telephone for
	270	+	9.7Tribal representatives, parents, and Indian custodians.
276	271		9.8 (d) The child-placing agency or individual petitioner shall effect service of any petition
277	272		9.9governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt
278	273		9.10requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least
279	274		9.1110 days before the admit-deny hearing is held. If the identity or location of the Indian child's
280	275		9.12parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall
281	276		9.13provide the notice required in this paragraph to the United States Secretary of the Interior,
282	277		9.14Bureau of Indian Affairs by certified mail, return receipt requested.
283		-	9.15 (e) A Tribe~~, the Indian child's parents, or the Indian custodian~~ may request up to 20
284		-	9.~~16additional days to prepare for the admit-deny hearing. The~~ court shall allow appearances
285		-	9.~~17by telephone, video conference, or other electronic medium~~ for Tribal representatives, the
286		-	9.~~18Indian~~ child~~'s parents,~~ or ~~the Indian custodian.~~
287		-	9.~~19 (d) (f) A local social services child-placing~~ ~~agency or individual petitioner must provide~~
288		-	9.~~20the notices required under~~ this subdivision ~~at the earliest possible time~~ to ~~facilitate~~
289		-	9.~~21involvement~~ of the ~~Indian~~ child~~'s Tribe.~~ ~~Nothing in this subdivision is intended to hinder~~
290		-	9.~~22the ability~~ of ~~the local social services child-placing~~ ~~agency, individual petitioner, and the~~
291		-	9.~~23court to respond to an emergency situation~~. ~~Lack of participation by~~ a Tribe ~~shall not prevent~~
292		-	9.~~24the Tribe from intervening in~~ services ~~and proceedings at a later date. A Tribe may participate~~
293		-	9.~~25at any time.~~ ~~At any stage of~~ the ~~local~~ social services ~~child-placing agency's involvement~~
294		-	9.~~26with an~~ Indian child~~, the agency shall provide full cooperation to the Tribal social services~~
295		-	9.~~27agency, including disclosure~~ of ~~all data concerning~~ the ~~Indian child. Nothing in this~~
296		-	9.~~28subdivision relieves~~ the ~~local social services~~ child~~-placing agency of satisfying the notice~~
297		-	9.~~29requirements in the Indian Child Welfare Act state~~ or ~~federal law~~.
298		-	9.~~30 Subd. 3.Notice of potential~~ preadoptive ~~or adoptive placement.~~In ~~any voluntary~~
299		-	9.~~31adoptive~~ or ~~preadoptive placement proceeding in which a local social services agency,~~
300		-	9.~~32private child-placing agency~~, ~~petitioner in the adoption,~~ or ~~any other,~~ ~~including voluntary~~
301		-	9.~~33proceedings, where any party~~ or ~~participant has reason to believe that a child who~~ is ~~the~~
302		-	9.~~34subject of an adoptive or preadoptive placement proceeding is or may be an "Indian child,"~~
303		-	9.~~35as defined in section 260.755~~, ~~subdivision 8,~~ ~~and United States Code,~~ ~~title 25,~~ ~~section~~
	278	+	9.15 (e) A Tribe may request up to 20 additional days to prepare for the admit-deny hearing.
	279	+	9.16The court shall allow appearances by telephone, video conference, or other electronic
	280	+	9.17medium for Tribal representatives, the child's Indian parents, or the Indian custodian.
	281	+	9.18 (d) (f) A local social services child-placing agency or individual petitioner must provide
	282	+	9.19the notices required under this subdivision at the earliest possible time to facilitate
	283	+	9.20involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder
	284	+	9.21the ability of the local social services child-placing agency, individual petitioner, and the
	285	+	9.22court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent
	286	+	9.23the Tribe from intervening in services and proceedings at a later date. A Tribe may participate
	287	+	9.24at any time. At any stage of the local social services child-placing agency's involvement
	288	+	9.25with an Indian child, the agency shall provide full cooperation to the Tribal social services
	289	+	9.26agency, including disclosure of all data concerning the Indian child. Nothing in this
	290	+	9.27subdivision relieves the local social services child-placing agency of satisfying the notice
	291	+	9.28requirements in the Indian Child Welfare Act state or federal law.
	292	+	9.29 Subd. 3.Notice of potential preadoptive or adoptive placement.In any voluntary
	293	+	9.30adoptive or preadoptive placement proceeding in which a local social services agency,
	294	+	9.31private child-placing agency, petitioner in the adoption, or any other, including voluntary
	295	+	9.32proceedings, where any party or participant has reason to believe that a child who is the
	296	+	9.33subject of an adoptive or preadoptive placement proceeding is or may be an "Indian child,"
	297	+	9.34as defined in section 260.755, subdivision 8, and United States Code, title 25, section
	298	+	9.351903(4), the child-placing agency or person individual petitioner shall notify the Indian
304	299		9Sec. 16.
305		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 10.11903(4), the child-placing agency or person individual petitioner shall notify the Indian
306		-	10.2child's Tribal social services agency Tribe by registered mail or certified mail with return
307		-	10.3receipt requested of the pending proceeding and of the right of intervention under subdivision
308		-	10.46. If the identity or location of the child's Tribe cannot be determined, the notice must be
309		-	10.5given to the United States Secretary of Interior in like manner, who will have 15 days after
310		-	10.6receipt of the notice to provide the requisite notice to the Tribe. No preadoptive or adoptive
311		-	10.7placement proceeding may be held until at least ten 20 days after receipt of the notice by
312		-	10.8the Tribe or the secretary. Upon request, the Tribe must be granted up to 20 additional days
313		-	10.9to prepare for the proceeding. The child-placing agency or notifying party individual
314		-	10.10petitioner shall include in the notice the identity of the birth parents and child absent written
315		-	10.11objection by the birth parents. The private child-placing agency shall inform the birth parents
316		-	10.12of the Indian child of any services available to the Indian child through the child's Tribal
317		-	10.13social services agency, including child placement services, and shall additionally provide
318		-	10.14the birth parents of the Indian child with all information sent from the Tribal social services
319		-	10.15agency in response to the notice.
320		-	10.16 Subd. 4.Unknown father.If the local social services agency, private child-placing
321		-	10.17agency, individual petitioner, the court, petitioner, or any other party has reason to believe
322		-	10.18that a child who is the subject of an adoptive a child placement proceeding is or may be an
323		-	10.19Indian child but the father of the child is unknown and has not registered with the fathers'
324		-	10.20adoption registry pursuant to section 259.52, the child-placing agency or person individual
325		-	10.21petitioner shall provide to the Tribe believed to be the Indian child's Tribe information
326		-	10.22sufficient to enable the Tribe to determine the child's eligibility for membership in the Tribe,
327		-	10.23including, but not limited to, the legal and maiden name of the birth mother, her date of
328		-	10.24birth, the names and dates of birth of her parents and grandparents, and, if available,
329		-	10.25information pertaining to the possible identity, Tribal affiliation, or location of the birth
330		-	10.26father.
331		-	10.27 Subd. 5.Proof of service of notice upon Tribe or secretary.In cases where an a
332		-	10.28child-placing agency or party to an adoptive placement knows or has reason to believe that
333		-	10.29a child is or may be an Indian child, proof of service upon the child's Tribe or the secretary
334		-	10.30of interior must be filed with the adoption petition.
335		-	10.31 Subd. 6.Indian Tribe's right of intervention.In any state court child placement
336		-	10.32proceeding for the voluntary adoptive or preadoptive placement of an Indian child under
337		-	10.33sections 260.751 to 260.835, the Indian child's Tribe shall have a right to intervene at any
338		-	10.34point in the proceeding.
	300	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 10.1child's Tribal social services agency Tribe by registered mail or certified mail with return
	301	+	10.2receipt requested of the pending proceeding and of the right of intervention under subdivision
	302	+	10.36. If the identity or location of the child's Tribe cannot be determined, the notice must be
	303	+	10.4given to the United States Secretary of Interior in like manner, who will have 15 days after
	304	+	10.5receipt of the notice to provide the requisite notice to the Tribe. No preadoptive or adoptive
	305	+	10.6placement proceeding may be held until at least ten days after receipt of the notice by the
	306	+	10.7Tribe or the secretary. Upon request, the Tribe must be granted up to 20 additional days to
	307	+	10.8prepare for the proceeding. The child-placing agency or notifying party individual petitioner
	308	+	10.9shall include in the notice the identity of the birth parents and child absent written objection
	309	+	10.10by the birth parents. The private child-placing agency shall inform the birth parents of the
	310	+	10.11Indian child of any services available to the Indian child through the child's Tribal social
	311	+	10.12services agency, including child placement services, and shall additionally provide the birth
	312	+	10.13parents of the Indian child with all information sent from the Tribal social services agency
	313	+	10.14in response to the notice.
	314	+	10.15 Subd. 4.Unknown father.If the local social services agency, private child-placing
	315	+	10.16agency, individual petitioner, the court, petitioner, or any other party has reason to believe
	316	+	10.17that a child who is the subject of an adoptive a child placement proceeding is or may be an
	317	+	10.18Indian child but the father of the child is unknown and has not registered with the fathers'
	318	+	10.19adoption registry pursuant to section 259.52, the child-placing agency or person individual
	319	+	10.20petitioner shall provide to the Tribe believed to be the Indian child's Tribe information
	320	+	10.21sufficient to enable the Tribe to determine the child's eligibility for membership in the Tribe,
	321	+	10.22including, but not limited to, the legal and maiden name of the birth mother, her date of
	322	+	10.23birth, the names and dates of birth of her parents and grandparents, and, if available,
	323	+	10.24information pertaining to the possible identity, Tribal affiliation, or location of the birth
	324	+	10.25father.
	325	+	10.26 Subd. 5.Proof of service of notice upon Tribe or secretary.In cases where an a
	326	+	10.27child-placing agency or party to an adoptive placement knows or has reason to believe that
	327	+	10.28a child is or may be an Indian child, proof of service upon the child's Tribe or the secretary
	328	+	10.29of interior must be filed with the adoption petition.
	329	+	10.30 Subd. 6.Indian Tribe's right of intervention.In any state court child placement
	330	+	10.31proceeding for the voluntary adoptive or preadoptive placement of an Indian child under
	331	+	10.32sections 260.751 to 260.835, the Indian child's Tribe shall have a right to intervene at any
	332	+	10.33point in the proceeding.
	333	+	10.34 Subd. 6a.Indian Tribe's access to files.At any stage of the child-placing agency's
	334	+	10.35involvement with an Indian child, the child-placing agency shall, upon request, give the
339	335		10Sec. 16.
340		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 11.~~1 Subd.~~ ~~6a.Indian Tribe's~~ access to files~~.At any stage of~~ the ~~child-placing agency's~~
341		-	11.~~2involvement with an Indian~~ child, the child-placing agency ~~shall, upon request, give the~~
342		-	11.~~3Tribal~~ social services agency ~~full cooperation including access~~ to ~~all files concerning~~ the
343		-	11.~~4Indian child.~~ If the ~~files contain confidential or private~~ data~~, the child-placing agency may~~
344		-	11.~~5require execution~~ of ~~an agreement with the Tribal social services~~ agency ~~to maintain the~~
345		-	11.~~6data according~~ to ~~statutory provisions applicable to the data~~.
346		-	11.7 ~~Subd~~. 7.~~Identification of extended family members~~.~~Any agency considering placement~~
347		-	11.~~8of an Indian child shall make active efforts to identify~~ and ~~locate extended family members.~~
348		-	11.~~9 Sec~~. ~~17. Minnesota Statutes 2022, section 260.7611, is amended to read:~~
349		-	11.10 ~~260.7611~~ COUNTY ~~AND TRIBAL AGREEMENTS;~~ ~~MALTREATMENT~~
350		-	11.~~11ASSESSMENTS~~ AND ~~INVESTIGATIONS OF~~ INDIAN ~~CHILDREN.~~
351		-	11.~~12 A Tribe and a~~ county ~~may enter a written agreement transferring responsibility for~~ the
352		-	11.~~13screening and initial response to~~ a ~~child maltreatment report regarding an Indian child~~
353		-	11.~~14residing in the~~ county ~~where the child's reservation is located, from the county to~~ the Tribe.
354		-	11.~~15An agreement under this subdivision section shall include a provision clarifying whether~~
355		-	11.~~16the county or the Tribe~~ is ~~responsible for ongoing case management stemming from a child~~
356		-	11.~~17maltreatment report~~.
357		-	11.~~18Sec~~. ~~18. Minnesota Statutes 2022, section 260.762, is amended to read:~~
358		-	11.19 ~~260~~.~~762 DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND PROMOTE~~
359		-	11.~~20FAMILY REUNIFICATION;~~ ~~ACTIVE EFFORTS.~~
360		-	11.~~21 Subdivision 1~~.~~Active efforts.~~Active efforts ~~includes acknowledging traditional helping~~
361		-	11.~~22and healing systems of an~~ Indian child~~'s Tribe and using these systems as the core to help~~
362		-	11.~~23and heal the Indian~~ child ~~and family.~~ ~~Active efforts are not required to prevent voluntary~~
363		-	11.~~24out-of-home placement and to effect voluntary permanency for the Indian~~ child.
364		-	11.25 ~~Subd. 2.Requirements for local social services~~ child~~-placing agencies~~ and ~~individual~~
365		-	11.~~26petitioners.A local social services child-placing agency or individual petitioner shall:~~
366		-	11.27 (1) ~~work with the~~ Indian child's ~~Tribe~~ and ~~family to develop an alternative plan to~~
367		-	11.~~28out~~-of-home placement;
368		-	11.~~29 (2) before making a decision that may affect an Indian~~ child's ~~safety~~ and ~~well-being or~~
369		-	11.~~30when contemplating out-of-home placement of an Indian child~~, ~~seek guidance from~~ the
370		-	11.~~31Indian child's Tribe on family structure, how the family can seek help, what family~~ and
	336	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 11.1Tribal social services agency full cooperation including access to all files concerning the
	337	+	11.2Indian child. If the files contain confidential or private data, the child-placing agency may
	338	+	11.3require execution of an agreement with the Tribal social services agency to maintain the
	339	+	11.4data according to statutory provisions applicable to the data.
	340	+	11.5 Subd. 7.Identification of extended family members.Any agency considering placement
	341	+	11.6of an Indian child shall make active efforts to identify and locate extended family members.
	342	+	11.7 Sec. 17. Minnesota Statutes 2022, section 260.7611, is amended to read:
	343	+	11.8 260.7611 COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
	344	+	11.9ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
	345	+	11.10 A Tribe and a county may enter a written agreement transferring responsibility for the
	346	+	11.11screening and initial response to a child maltreatment report regarding an Indian child
	347	+	11.12residing in the county where the child's reservation is located, from the county to the Tribe.
	348	+	11.13An agreement under this subdivision section shall include a provision clarifying whether
	349	+	11.14the county or the Tribe is responsible for ongoing case management stemming from a child
	350	+	11.15maltreatment report.
	351	+	11.16Sec. 18. Minnesota Statutes 2022, section 260.762, is amended to read:
	352	+	11.17 260.762 DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND PROMOTE
	353	+	11.18FAMILY REUNIFICATION; ACTIVE EFFORTS.
	354	+	11.19 Subdivision 1.Active efforts.Active efforts includes acknowledging traditional helping
	355	+	11.20and healing systems of an Indian child's Tribe and using these systems as the core to help
	356	+	11.21and heal the Indian child and family. Active efforts are not required to prevent voluntary
	357	+	11.22out-of-home placement and to effect voluntary permanency for the Indian child.
	358	+	11.23 Subd. 2.Requirements for local social services child-placing agencies.A local social
	359	+	11.24services child-placing agency shall:
	360	+	11.25 (1) work with the Indian child's Tribe and family to develop an alternative plan to
	361	+	11.26out-of-home placement;
	362	+	11.27 (2) before making a decision that may affect an Indian child's safety and well-being or
	363	+	11.28when contemplating out-of-home placement of an Indian child, seek guidance from the
	364	+	11.29Indian child's Tribe on family structure, how the family can seek help, what family and
	365	+	11.30Tribal resources are available, and what barriers the family faces at that time that could
	366	+	11.31threaten its preservation; and
371	367		11Sec. 18.
372		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 12.~~1Tribal resources are available,~~ ~~and what barriers~~ the ~~family faces~~ at ~~that~~ time ~~that could~~
373		-	12.~~2threaten its preservation;~~ ~~and~~
374		-	12.3 (3) ~~request participation of the Indian child's Tribe at the earliest possible time and~~
375		-	12.~~4request the Tribe's active participation throughout the case.~~
376		-	12.~~5 Subd.~~ ~~3.Required findings that active efforts were provided.(~~a~~) Any party seeking~~
377		-	12.~~6to affect a termination of parental rights,~~ ~~other permanency action,~~ or ~~a placement~~ where
378		-	12.~~7custody of an~~ Indian child ~~may be temporarily or permanently transferred~~ to ~~a person or~~
379		-	12.~~8entity who is not~~ the ~~Indian child's parent or Indian custodian,~~ and ~~where the Indian child's~~
380		-	12.~~9parent or Indian custodian cannot have~~ the Indian ~~child returned to their care upon demand,~~
381		-	12.~~10must satisfy the court that active efforts~~ have ~~been made to provide remedial services and~~
382		-	12.~~11rehabilitative programs designed to prevent the breakup~~ of ~~the~~ Indian ~~family and that these~~
383		-	12.~~12efforts have proved unsuccessful.~~
384		-	12.~~13 (b) A court shall not order an out-of-home or permanency placement for an Indian child~~
385		-	12.~~14unless~~ the ~~court finds that~~ the ~~local social services~~ child~~-placing agency made active efforts~~
386		-	12.~~15to~~, ~~as required by section 260.012 and this section, provide remedial services and~~
387		-	12.~~16rehabilitative programs designed to prevent~~ the ~~breakup~~ of the ~~Indian child's family, and~~
388		-	12.~~17that these efforts have proved unsuccessful.~~ To the ~~extent possible~~, ~~active efforts must be~~
389		-	12.~~18provided in a manner consistent with the prevailing social and cultural conditions of the~~
390		-	12.~~19Indian~~ child's Tribe ~~and~~ in ~~partnership with~~ the ~~Indian child, Indian parents, extended family,~~
391		-	12.~~20and Tribe.~~
392		-	12.~~21 (c) Regardless of whether~~ the Indian child's ~~Tribe has intervened in the proceedings,~~ ~~the~~
393		-	12.~~22court~~, ~~in determining whether~~ the ~~local social services child-placing~~ ~~agency made~~ active
394		-	12.~~23efforts~~ to ~~preserve~~ the ~~Indian child's family for purposes of~~ out-of-home placement and
395		-	12.~~24permanency,~~ the ~~court shall ensure the provision of active efforts designed to correct~~ the
396		-	12.~~25conditions that led to the out-of-home placement of the Indian~~ child and ~~shall make findings~~
397		-	12.~~26regarding whether~~ the ~~following activities were appropriate and necessary, and whether the~~
398		-	12.~~27local social services child-placing agency made appropriate and meaningful services, whether~~
399		-	12.~~28listed in this paragraph or not, available to~~ the ~~family based upon that family's specific~~
400		-	12.~~29needs:~~
401		-	12.~~30 (1) whether the local social services child-placing~~ ~~agency made efforts at the earliest~~
402		-	12.~~31point possible to~~ (i) identify ~~whether a child may be an~~ Indian child ~~as defined in~~ the ~~Indian~~
403		-	12.~~32Child Welfare Act, United States Code, title 25, section 1903,~~ and ~~section 260.755~~,
404		-	12.~~33subdivision 8;~~ and ~~(ii) identify and request participation of the Indian child's Tribe at the~~
	368	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 12.1 (3) request participation of the Indian child's Tribe at the earliest possible time and
	369	+	12.2request the Tribe's active participation throughout the case.
	370	+	12.3 Subd. 3.Required findings that active efforts were provided.(a) Any party seeking
	371	+	12.4to affect a termination of parental rights, other permanency action, or a placement where
	372	+	12.5custody of an Indian child may be temporarily or permanently transferred to a person or
	373	+	12.6entity who is not the Indian child's parent or Indian custodian, and where the Indian child's
	374	+	12.7parent or Indian custodian cannot have the Indian child returned to their care upon demand,
	375	+	12.8must satisfy the court that active efforts have been made to provide remedial services and
	376	+	12.9rehabilitative programs designed to prevent the breakup of the Indian family and that these
	377	+	12.10efforts have proved unsuccessful.
	378	+	12.11 (b) A court shall not order an out-of-home or permanency placement for an Indian child
	379	+	12.12unless the court finds that the local social services child-placing agency made active efforts
	380	+	12.13to, as required by section 260.012 and this section, provide remedial services and
	381	+	12.14rehabilitative programs designed to prevent the breakup of the Indian child's family, and
	382	+	12.15that these efforts have proved unsuccessful. To the extent possible, active efforts must be
	383	+	12.16provided in a manner consistent with the prevailing social and cultural conditions of the
	384	+	12.17Indian child's Tribe and in partnership with the Indian child, Indian parents, extended family,
	385	+	12.18and Tribe.
	386	+	12.19 (c) Regardless of whether the Indian child's Tribe has intervened in the proceedings, the
	387	+	12.20court, in determining whether the local social services child-placing agency made active
	388	+	12.21efforts to preserve the Indian child's family for purposes of out-of-home placement and
	389	+	12.22permanency, the court shall ensure the provision of active efforts designed to correct the
	390	+	12.23conditions that led to the out-of-home placement of the Indian child and shall make findings
	391	+	12.24regarding whether the following activities were appropriate and necessary, and whether the
	392	+	12.25local social services child-placing agency made appropriate and meaningful services, whether
	393	+	12.26listed in this paragraph or not, available to the family based upon that family's specific
	394	+	12.27needs:
	395	+	12.28 (1) whether the local social services child-placing agency made efforts at the earliest
	396	+	12.29point possible to (i) identify whether a child may be an Indian child as defined in the Indian
	397	+	12.30Child Welfare Act, United States Code, title 25, section 1903, and section 260.755,
	398	+	12.31subdivision 8; and (ii) identify and request participation of the Indian child's Tribe at the
	399	+	12.32earliest point possible and throughout the investigation or assessment, case planning,
	400	+	12.33provision of services, and case completion;
405	401		12Sec. 18.
406		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 13.~~1earliest point possible and throughout~~ the ~~investigation or assessment,~~ ~~case planning,~~
407		-	13.~~2provision~~ of ~~services,~~ and ~~case completion;~~
408		-	13.~~3 (2) whether~~ the ~~local social services child-placing~~ ~~agency requested that a Tribally~~
409		-	13.~~4designated~~ representative with ~~substantial knowledge of prevailing social and cultural~~
410		-	13.~~5standards~~ and ~~child-rearing practices within~~ the ~~Tribal community evaluate the circumstances~~
411		-	13.~~6of the~~ Indian ~~child's family and, provided the Tribally designated representative with all~~
412		-	13.~~7information available regarding the case, and requested that the Tribally designated~~
413		-	13.~~8representative assist in developing a case plan that uses Tribal and Indian community~~
414		-	13.~~9resources;~~
415		-	13.~~10 (3) whether the local social services child-placing~~ ~~agency provided concrete services~~
416		-	13.~~11and access to both Tribal~~ and ~~non-Tribal~~ services ~~to members of the Indian child's family,~~
417		-	13.~~12including but not limited to financial assistance,~~ ~~food, housing,~~ ~~health care,~~ ~~transportation,~~
418		-	13.~~13in-home services~~, ~~community support services,~~ and ~~specialized~~ services~~; and whether these~~
419		-	13.~~14services are being provided in an ongoing manner throughout~~ the ~~agency's involvement~~
420		-	13.~~15with the family, to directly assist the family in accessing and utilizing services to maintain~~
421		-	13.~~16the Indian family, or reunify~~ the ~~Indian family as soon as safety can be assured if out-of-home~~
422		-	13.~~17placement has occurred~~;
423		-	13.18 (4) whether the child-placing agency ~~made early~~ and ~~ongoing efforts to identify, locate,~~
424		-	13.~~19and include~~ extended family members;
425		-	13.~~20 (4) (5)~~ whether ~~the local social services child-placing agency notified and~~ consulted
426		-	13.~~21with the Indian child's extended family members, as identified by~~ the child, the child's
427		-	13.~~22parents, or the Tribe;~~ ~~whether extended~~ family ~~members were consulted~~ to ~~provide support~~
428		-	13.~~23to~~ the child and parents, to ~~inform the local social services child-placing agency~~ and ~~court~~
429		-	13.~~24as to cultural connections~~ and ~~family structure,~~ ~~to assist in identifying appropriate cultural~~
430		-	13.~~25services and supports for~~ the ~~child and parents~~, ~~and to identify and serve as a placement and~~
431		-	13.~~26permanency resource for the child; and if there was difficulty contacting~~ or ~~engaging~~ with
432		-	13.~~27extended family members,~~ whether ~~assistance was sought from~~ the ~~Tribe, the Department~~
433		-	13.~~28of Human Services,~~ ~~or other agencies with expertise in working with~~ Indian ~~families;~~
434		-	13.~~29 (5) (6) whether~~ the local social services child-placing agency ~~provided services and~~
435		-	13.~~30resources~~ to ~~relatives who are considered the primary placement option for~~ an Indian child,
436		-	13.~~31as agreed by the local social services child-placing agency and the Tribe,~~ to ~~overcome~~
437		-	13.~~32barriers to providing~~ care ~~to an Indian child. Services~~ and resources ~~shall include but are~~
438		-	13.~~33not limited~~ to ~~child care assistance, financial assistance, housing resources, emergency~~
439		-	13.~~34resources~~, ~~and foster care licensing assistance and resources;~~ ~~and~~
	402	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 13.1 (2) whether the local social services child-placing agency requested that a Tribally
	403	+	13.2designated representative with substantial knowledge of prevailing social and cultural
	404	+	13.3standards and child-rearing practices within the Tribal community evaluate the circumstances
	405	+	13.4of the Indian child's family and, provided the Tribally designated representative with all
	406	+	13.5information available regarding the case, and requested that the Tribally designated
	407	+	13.6representative assist in developing a case plan that uses Tribal and Indian community
	408	+	13.7resources;
	409	+	13.8 (3) whether the local social services child-placing agency provided concrete services
	410	+	13.9and access to both Tribal and non-Tribal services to members of the Indian child's family,
	411	+	13.10including but not limited to financial assistance, food, housing, health care, transportation,
	412	+	13.11in-home services, community support services, and specialized services; and whether these
	413	+	13.12services are being provided in an ongoing manner throughout the agency's involvement
	414	+	13.13with the family, to directly assist the family in accessing and utilizing services to maintain
	415	+	13.14the Indian family, or reunify the Indian family as soon as safety can be assured if out-of-home
	416	+	13.15placement has occurred;
	417	+	13.16 (4) whether the child-placing agency made early and ongoing efforts to identify, locate,
	418	+	13.17and include extended family members;
	419	+	13.18 (4) (5) whether the local social services child-placing agency notified and consulted
	420	+	13.19with the Indian child's extended family members, as identified by the child, the child's
	421	+	13.20parents, or the Tribe; whether extended family members were consulted to provide support
	422	+	13.21to the child and parents, to inform the local social services child-placing agency and court
	423	+	13.22as to cultural connections and family structure, to assist in identifying appropriate cultural
	424	+	13.23services and supports for the child and parents, and to identify and serve as a placement and
	425	+	13.24permanency resource for the child; and if there was difficulty contacting or engaging with
	426	+	13.25extended family members, whether assistance was sought from the Tribe, the Department
	427	+	13.26of Human Services, or other agencies with expertise in working with Indian families;
	428	+	13.27 (5) (6) whether the local social services child-placing agency provided services and
	429	+	13.28resources to relatives who are considered the primary placement option for an Indian child,
	430	+	13.29as agreed by the local social services child-placing agency and the Tribe, to overcome
	431	+	13.30barriers to providing care to an Indian child. Services and resources shall include but are
	432	+	13.31not limited to child care assistance, financial assistance, housing resources, emergency
	433	+	13.32resources, and foster care licensing assistance and resources; and
	434	+	13.33 (6) (7) whether the local social services child-placing agency arranged for visitation to
	435	+	13.34occur, whenever possible, in the home of the Indian child's parent, Indian custodian, or
440	436		13Sec. 18.
441		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 14.~~1 (6) (7) whether~~ the ~~local social services child-placing agency arranged for visitation to~~
442		-	14.~~2occur~~, ~~whenever possible~~, ~~in the home~~ of the ~~Indian~~ child's ~~parent, Indian custodian, or~~
443		-	14.~~3other family member or in another noninstitutional setting, in order to keep~~ the child in
444		-	14.~~4close contact~~ with ~~parents, siblings, and other relatives regardless of~~ the child's ~~age~~ and to
445		-	14.~~5allow the child~~ and ~~those with whom the child visits to have natural, unsupervised interaction~~
446		-	14.~~6when consistent with protecting~~ the child's safety~~; and whether~~ the ~~local social services~~
447		-	14.~~7child-placing agency consulted with a Tribal representative to determine and arrange for~~
448		-	14.~~8visitation in the most natural setting that ensures the child's safety~~, ~~when the child's safety~~
449		-	14.~~9requires supervised visitation~~.
450		-	14.~~10Sec. 19.~~ ~~Minnesota Statutes 2022,~~ ~~section 260.765, subdivision 1,~~ ~~is amended~~ to ~~read:~~
451		-	14.~~11 Subdivision 1.Determination of~~ Indian child~~'s tribe.~~The ~~local social services agency~~
452		-	14.~~12or private licensed~~ child~~-placing agency shall determine whether a child brought to its~~
453		-	14.~~13attention for the purposes described in this~~ section is ~~an Indian child and the identity of the~~
454		-	14.~~14Indian child's Tribe follow the notice provisions in section 260.761.~~
455		-	14.~~15Sec~~. 20. ~~Minnesota Statutes 2022,~~ ~~section 260.765, is amended by adding~~ a ~~subdivision~~
456		-	14.~~16to read:~~
457		-	14.~~17 Subd.~~ ~~1b.~~Access to files~~.At any subsequent stage of a~~ child~~-placing agency's involvement~~
458		-	14.~~18with an Indian child~~, the child-placing agency ~~shall, upon request,~~ ~~give the Tribal social~~
459		-	14.~~19services~~ agency ~~full cooperation including access to all files concerning~~ the ~~child. If the~~
460		-	14.~~20files contain confidential or private data,~~ the ~~child-placing agency or individual may require~~
461		-	14.~~21execution of an agreement with the Tribal social services agency that the Tribal social~~
462		-	14.~~22services agency shall maintain the data according~~ to ~~statutory provisions applicable to the~~
463		-	14.~~23data~~.
464		-	14.~~24Sec. 21.~~ ~~Minnesota Statutes 2022,~~ ~~section 260.765, subdivision 2, is amended~~ to ~~read:~~
465		-	14.~~25 Subd.~~ ~~2.Notice.When an~~ Indian ~~child is voluntarily placed in foster care,~~ the ~~local~~ social
466		-	14.~~26services child-placing agency involved in~~ the ~~decision to place the child shall give notice~~
467		-	14.~~27of the placement to the child's parent, parents, Indian custodian, and the Tribal social services~~
468		-	14.~~28agency, and the Indian custodian within seven days of placement,~~ ~~excluding weekends and~~
469		-	14.~~29holidays.~~
470		-	14.~~30 If a private licensed~~ child~~-placing~~ agency ~~makes a temporary voluntary foster care~~
471		-	14.~~31placement pending~~ a ~~decision on adoption by a parent, notice~~ of the ~~placement shall be~~
472		-	14.~~32given to the child's parents~~, ~~Tribal social services agency, and the Indian custodian upon~~
	437	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 14.1other family member or in another noninstitutional setting, in order to keep the child in
	438	+	14.2close contact with parents, siblings, and other relatives regardless of the child's age and to
	439	+	14.3allow the child and those with whom the child visits to have natural, unsupervised interaction
	440	+	14.4when consistent with protecting the child's safety; and whether the local social services
	441	+	14.5child-placing agency consulted with a Tribal representative to determine and arrange for
	442	+	14.6visitation in the most natural setting that ensures the child's safety, when the child's safety
	443	+	14.7requires supervised visitation.
	444	+	14.8 Sec. 19. Minnesota Statutes 2022, section 260.765, subdivision 1, is amended to read:
	445	+	14.9 Subdivision 1.Determination of Indian child's tribe.The local social services agency
	446	+	14.10or private licensed child-placing agency shall determine whether a child brought to its
	447	+	14.11attention for the purposes described in this section is an Indian child and the identity of the
	448	+	14.12Indian child's Tribe follow the notice provisions in section 260.761.
	449	+	14.13Sec. 20. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
	450	+	14.14to read:
	451	+	14.15 Subd. 1b.Access to files.At any subsequent stage of a child-placing agency's involvement
	452	+	14.16with an Indian child, the child-placing agency shall, upon request, give the Tribal social
	453	+	14.17services agency full cooperation including access to all files concerning the child. If the
	454	+	14.18files contain confidential or private data, the child-placing agency or individual may require
	455	+	14.19execution of an agreement with the Tribal social services agency that the Tribal social
	456	+	14.20services agency shall maintain the data according to statutory provisions applicable to the
	457	+	14.21data.
	458	+	14.22Sec. 21. Minnesota Statutes 2022, section 260.765, subdivision 2, is amended to read:
	459	+	14.23 Subd. 2.Notice.When an Indian child is voluntarily placed in foster care, the local social
	460	+	14.24services child-placing agency involved in the decision to place the child shall give notice
	461	+	14.25of the placement to the child's parent, parents, Indian custodian, and the Tribal social services
	462	+	14.26agency, and the Indian custodian within seven days of placement, excluding weekends and
	463	+	14.27holidays.
	464	+	14.28 If a private licensed child-placing agency makes a temporary voluntary foster care
	465	+	14.29placement pending a decision on adoption by a parent, notice of the placement shall be
	466	+	14.30given to the child's parents, Tribal social services agency, and the Indian custodian upon
	467	+	14.31the filing of a petition for termination of parental rights or three months following the
	468	+	14.32temporary placement, whichever occurs first.
473	469		14Sec. 21.
474		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 15.1the filing of a petition for termination of parental rights or three months following the
475		-	15.2temporary placement, whichever occurs first.
476		-	15.3 At this and any subsequent stage of its involvement with an Indian child, the agency
477		-	15.4shall, upon request, give the Tribal social services agency full cooperation including access
478		-	15.5to all files concerning the child. If the files contain confidential or private data, the agency
479		-	15.6may require execution of an agreement with the Tribal social services agency that the Tribal
480		-	15.7social services agency shall maintain the data according to statutory provisions applicable
481		-	15.8to the data.
482		-	15.9 Sec. 22. Minnesota Statutes 2022, section 260.765, subdivision 3, is amended to read:
483		-	15.10 Subd. 3.Notice of administrative review.In an administrative review of a voluntary
484		-	15.11foster care placement, the Tribal social services agency of the child, the Indian custodian,
485		-	15.12and the parents of the child shall have notice and a right of intervention and participation
486		-	15.13in the review.
487		-	15.14Sec. 23. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
488		-	15.15to read:
489		-	15.16 Subd. 3a.Court requirements for consent.Where any parent or Indian custodian
490		-	15.17voluntarily consents to a foster care placement or to termination of parental rights, the
491		-	15.18consent shall not be valid unless executed in writing and recorded before a judge and
492		-	15.19accompanied by the presiding judge's finding that the terms and consequences of the consent
493		-	15.20were fully explained in detail and were fully understood by the parent or Indian custodian.
494		-	15.21The court shall also find that either the parent or Indian custodian fully understood the
495		-	15.22explanation in English or that it was interpreted into a language the parent or Indian custodian
496		-	15.23understood. Any consent given prior to, or within ten days after, the birth of an Indian child
497		-	15.24shall not be valid.
498		-	15.25Sec. 24. Minnesota Statutes 2022, section 260.765, subdivision 4, is amended to read:
499		-	15.26 Subd. 4.Withdrawal of consent to voluntary placement; return of child in voluntary
500		-	15.27placement.Any parent or Indian custodian may withdraw consent to a child placement at
501		-	15.28any time and, upon the withdrawal of consent, the child shall be returned to the parent or
502		-	15.29the Indian custodian. Upon demand by the parent or Indian custodian of an Indian child,
503		-	15.30the local social services agency or private licensed child-placing agency that placed the
504		-	15.31child shall return the child in voluntary foster care placement to the parent or Indian custodian
505		-	15.32within 24 hours of the receipt of the demand. If the request for return does not satisfy the
	470	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 15.1 At this and any subsequent stage of its involvement with an Indian child, the agency
	471	+	15.2shall, upon request, give the Tribal social services agency full cooperation including access
	472	+	15.3to all files concerning the child. If the files contain confidential or private data, the agency
	473	+	15.4may require execution of an agreement with the Tribal social services agency that the Tribal
	474	+	15.5social services agency shall maintain the data according to statutory provisions applicable
	475	+	15.6to the data.
	476	+	15.7 Sec. 22. Minnesota Statutes 2022, section 260.765, subdivision 3, is amended to read:
	477	+	15.8 Subd. 3.Notice of administrative review.In an administrative review of a voluntary
	478	+	15.9foster care placement, the Tribal social services agency of the child, the Indian custodian,
	479	+	15.10and the parents of the child shall have notice and a right of intervention and participation
	480	+	15.11in the review.
	481	+	15.12Sec. 23. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
	482	+	15.13to read:
	483	+	15.14 Subd. 3a.Court requirements for consent.Where any parent or Indian custodian
	484	+	15.15voluntarily consents to a foster care placement or to termination of parental rights, the
	485	+	15.16consent shall not be valid unless executed in writing and recorded before a judge and
	486	+	15.17accompanied by the presiding judge's finding that the terms and consequences of the consent
	487	+	15.18were fully explained in detail and were fully understood by the parent or Indian custodian.
	488	+	15.19The court shall also find that either the parent or Indian custodian fully understood the
	489	+	15.20explanation in English or that it was interpreted into a language the parent or Indian custodian
	490	+	15.21understood. Any consent given prior to, or within ten days after, the birth of an Indian child
	491	+	15.22shall not be valid.
	492	+	15.23Sec. 24. Minnesota Statutes 2022, section 260.765, subdivision 4, is amended to read:
	493	+	15.24 Subd. 4.Withdrawal of consent to voluntary placement; return of child in voluntary
	494	+	15.25placement.Any parent or Indian custodian may withdraw consent to a child placement at
	495	+	15.26any time and, upon the withdrawal of consent, the child shall be returned to the parent or
	496	+	15.27the Indian custodian. Upon demand by the parent or Indian custodian of an Indian child,
	497	+	15.28the local social services agency or private licensed child-placing agency that placed the
	498	+	15.29child shall return the child in voluntary foster care placement to the parent or Indian custodian
	499	+	15.30within 24 hours of the receipt of the demand. If the request for return does not satisfy the
	500	+	15.31requirement of section 260.755, subdivision 5, the local social services agency or private
	501	+	15.32child-placing agency shall immediately inform the parent or Indian custodian of the Indian
	502	+	15.33child of the requirement.
506	503		15Sec. 24.
507		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 16.~~1requirement of~~ section 260.~~755~~, subdivision ~~5, the local social services agency or private~~
508		-	16.~~2child-placing agency shall immediately inform the parent or Indian custodian of the Indian~~
509		-	16.~~3child~~ of ~~the requirement.~~
510		-	16.~~4 Sec~~. ~~25.~~ ~~Minnesota Statutes 2022,~~ ~~section 260.765, is amended by adding a subdivision~~
511		-	16.~~5to read:~~
512		-	16.~~6 Subd.~~ ~~4a.Withdrawal~~ of ~~consent to voluntary termination~~ of ~~parental rights or~~
513		-	16.~~7adoptive placement;~~ ~~return of custody~~.~~In any voluntary proceeding for termination of~~
514		-	16.~~8parental rights to~~, ~~or adoptive placement of~~, ~~an Indian child,~~ ~~the consent of the parent may~~
515		-	16.~~9be withdrawn for any reason at any time prior to the entry of a final decree of termination~~
516		-	16.~~10or adoption,~~ ~~as the case may be,~~ and ~~the child shall be returned to the parent.~~
517		-	16.~~11Sec~~. ~~26.~~ ~~Minnesota Statutes 2022, section 260.765, is amended by adding~~ a ~~subdivision~~
518		-	16.~~12to read:~~
519		-	16.~~13 Subd.~~ ~~4b.Collateral attack; vacation of decree~~ and ~~return of custody;~~
520		-	16.~~14limitations.After~~ the ~~entry of a final~~ decree ~~of adoption of an Indian~~ child ~~in any state~~
521		-	16.~~15court,~~ the parent may ~~withdraw consent upon the grounds that consent was obtained through~~
522		-	16.~~16fraud or duress and may petition~~ the ~~court to vacate the decree.~~ ~~Upon~~ a ~~finding that consent~~
523		-	16.~~17was obtained through fraud or duress, the court shall vacate the decree and return the child~~
524		-	16.~~18to the parent~~. ~~No adoption that has been effective for at least two years may be invalidated~~
525		-	16.~~19under the provisions of this subdivision unless otherwise permitted under a provision of~~
526		-	16.~~20state law~~.
527		-	16.~~21Sec. 27.~~ ~~Minnesota Statutes 2022,~~ ~~section 260.771, is amended to read:~~
528		-	16.~~22 260.771 INVOLUNTARY CHILD PLACEMENT PROCEEDINGS.~~
529		-	16.~~23 Subdivision 1~~.~~Indian Tribe jurisdiction.(a) An Indian Tribe has exclusive jurisdiction~~
530		-	16.~~24over a all child placement proceeding proceedings involving~~ an Indian child ~~who resides~~
531		-	16.~~25or is domiciled within~~ the ~~reservation~~ of the Tribe~~, except where jurisdiction is otherwise~~
532		-	16.~~26vested in~~ the state ~~by existing federal law~~. ~~When~~
533		-	16.27 (b) ~~Where~~ an Indian ~~child is~~ a ~~ward of the Tribal court, the Indian Tribe retains exclusive~~
534		-	16.~~28jurisdiction, notwithstanding the residence~~ or ~~domicile~~ of the ~~child unless the Tribe agrees~~
535		-	16.~~29to allow concurrent jurisdiction with~~ the ~~state~~.
536		-	16.30 ~~(c) An Indian Tribe and~~ the ~~state of Minnesota share concurrent jurisdiction over a child~~
537		-	16.~~31placement proceeding involving an Indian child who resides or is domiciled outside of the~~
538		-	16.~~32reservation of~~ the ~~Tribe.~~
	504	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 16.1 Sec. 25. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
	505	+	16.2to read:
	506	+	16.3 Subd. 4a.Withdrawal of consent to voluntary termination of parental rights or
	507	+	16.4adoptive placement; return of custody.In any voluntary proceeding for termination of
	508	+	16.5parental rights to, or adoptive placement of, an Indian child, the consent of the parent may
	509	+	16.6be withdrawn for any reason at any time prior to the entry of a final decree of termination
	510	+	16.7or adoption, as the case may be, and the child shall be returned to the parent.
	511	+	16.8 Sec. 26. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision
	512	+	16.9to read:
	513	+	16.10 Subd. 4b.Collateral attack; vacation of decree and return of custody;
	514	+	16.11limitations.After the entry of a final decree of adoption of an Indian child in any state
	515	+	16.12court, the parent may withdraw consent upon the grounds that consent was obtained through
	516	+	16.13fraud or duress and may petition the court to vacate the decree. Upon a finding that consent
	517	+	16.14was obtained through fraud or duress, the court shall vacate the decree and return the child
	518	+	16.15to the parent. No adoption that has been effective for at least two years may be invalidated
	519	+	16.16under the provisions of this subdivision unless otherwise permitted under a provision of
	520	+	16.17state law.
	521	+	16.18Sec. 27. Minnesota Statutes 2022, section 260.771, is amended to read:
	522	+	16.19 260.771 INVOLUNTARY CHILD PLACEMENT PROCEEDINGS.
	523	+	16.20 Subdivision 1.Indian Tribe jurisdiction.(a) An Indian Tribe has exclusive jurisdiction
	524	+	16.21over a all child placement proceeding proceedings involving an Indian child who resides
	525	+	16.22or is domiciled within the reservation of the Tribe, except where jurisdiction is otherwise
	526	+	16.23vested in the state by existing federal law. When
	527	+	16.24 (b) Where an Indian child is a ward of the Tribal court, the Indian Tribe retains exclusive
	528	+	16.25jurisdiction, notwithstanding the residence or domicile of the child unless the Tribe agrees
	529	+	16.26to allow concurrent jurisdiction with the state.
	530	+	16.27 (c) An Indian Tribe and the state of Minnesota share concurrent jurisdiction over a child
	531	+	16.28placement proceeding involving an Indian child who resides or is domiciled outside of the
	532	+	16.29reservation of the Tribe.
	533	+	16.30 Subd. 1a.Active efforts.In any child placement proceeding, the child-placing agency
	534	+	16.31or individual petitioner shall ensure that appropriate active efforts as described in section
	535	+	16.32260.762 are provided to the Indian parent or parents, Indian custodian, and family to support
539	536		16Sec. 27.
540		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 17.1 Subd. 1a.Active efforts.In any child placement proceeding, the child-placing agency
541		-	17.2or individual petitioner shall ensure that appropriate active efforts as described in section
542		-	17.3260.762 are provided to the Indian child's parent or parents, Indian custodian, and family
543		-	17.4to support reunification and preservation of the child's placement with and relationship to
544		-	17.5the Indian child's family.
545		-	17.6 Subd. 1b.Placement preference.In any child placement proceeding, the child-placing
546		-	17.7agency or individual petitioner shall follow the placement preferences described in
547		-	17.8subdivision 7 or, where preferred placement is not available even with the provisions of
548		-	17.9active efforts, shall follow subdivision 7, paragraphs (k) to (p).
549		-	17.10 Subd. 1c.Identification of extended family members.Any child-placing agency or
550		-	17.11individual petitioner considering placement of an Indian child shall make active efforts to
551		-	17.12identify and locate siblings and extended family members and to explore placement with
552		-	17.13an extended family member and facilitate continued involvement in the Indian child's life.
553		-	17.14 Subd. 1d.Notice of hearings.The notice provisions in section 260.761 apply to all
554		-	17.15involuntary child placement proceedings under this section. An Indian child ten years of
555		-	17.16age and older, the Indian child's parent or parents, the Indian custodian, and the Indian
556		-	17.17child's Tribe shall have notice of the right to participate in all hearings regarding the Indian
557		-	17.18child.
558		-	17.19 Subd. 2.Court determination of Tribal affiliation of child.In any child placement
559		-	17.20proceeding, the court shall establish whether an Indian child is involved and the identity of
560		-	17.21the Indian child's Tribe. This chapter Sections 260.751 to 260.835 and the federal Indian
561		-	17.22Child Welfare Act are applicable without exception in any child custody placement
562		-	17.23proceeding, as defined in the federal act, involving an Indian child. This chapter applies
563		-	17.24Sections 260.751 to 260.835 apply to child custody placement proceedings involving an
564		-	17.25Indian child whether the child is in the physical or legal custody of an Indian parent or
565		-	17.26parents, Indian custodian, Indian extended family member, or other person at the
566		-	17.27commencement of the proceedings. A court shall not determine the applicability of this
567		-	17.28chapter sections 260.751 to 260.835 or the federal Indian Child Welfare Act to a child
568		-	17.29custody placement proceeding based upon whether an Indian child is part of an existing
569		-	17.30Indian family or based upon the level of contact a child has with the child's Indian Tribe,
570		-	17.31reservation, society, or off-reservation community.
571		-	17.32 Subd. 2a.Right of intervention.In any state court child placement proceeding of an
572		-	17.33Indian child, the Indian child's Tribe, parent or parents, and Indian custodian shall have the
573		-	17.34right to intervene at any point in the proceeding.
	537	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 17.1reunification and preservation of the child's placement with and relationship to the Indian
	538	+	17.2child's family.
	539	+	17.3 Subd. 1b.Placement preference.In any child placement proceeding, the child-placing
	540	+	17.4agency or individual petitioner shall follow the placement preferences described in
	541	+	17.5subdivision 7 or, where preferred placement is not available even with the provisions of
	542	+	17.6active efforts, shall follow subdivision 7, paragraphs (k) to (p).
	543	+	17.7 Subd. 1c.Identification of extended family members.Any child-placing agency or
	544	+	17.8individual petitioner considering placement of an Indian child shall make active efforts to
	545	+	17.9identify and locate siblings and extended family members and to explore placement with
	546	+	17.10an extended family member and facilitate continued involvement in the Indian child's life.
	547	+	17.11 Subd. 1d.Notice of hearings.The notice provisions in section 260.761 apply to all
	548	+	17.12involuntary child placement proceedings under this section. An Indian child ten years of
	549	+	17.13age and older, the Indian child's parent or parents, the Indian custodian, and the Indian
	550	+	17.14child's Tribe shall have notice of the right to participate in all hearings regarding the Indian
	551	+	17.15child.
	552	+	17.16 Subd. 2.Court determination of Tribal affiliation of child.In any child placement
	553	+	17.17proceeding, the court shall establish whether an Indian child is involved and the identity of
	554	+	17.18the Indian child's Tribe. This chapter Sections 260.751 to 260.835 and the federal Indian
	555	+	17.19Child Welfare Act are applicable without exception in any child custody placement
	556	+	17.20proceeding, as defined in the federal act, involving an Indian child. This chapter applies
	557	+	17.21Sections 260.751 to 260.835 apply to child custody placement proceedings involving an
	558	+	17.22Indian child whether the child is in the physical or legal custody of an Indian parent or
	559	+	17.23parents, Indian custodian, Indian extended family member, or other person at the
	560	+	17.24commencement of the proceedings. A court shall not determine the applicability of this
	561	+	17.25chapter sections 260.751 to 260.835 or the federal Indian Child Welfare Act to a child
	562	+	17.26custody placement proceeding based upon whether an Indian child is part of an existing
	563	+	17.27Indian family or based upon the level of contact a child has with the child's Indian Tribe,
	564	+	17.28reservation, society, or off-reservation community.
	565	+	17.29 Subd. 2a.Right of intervention.In any state court child placement proceeding of an
	566	+	17.30Indian child, the Indian child's Tribe, parent or parents, and Indian custodian shall have the
	567	+	17.31right to intervene at any point in the proceeding.
	568	+	17.32 Subd. 2b.Appointment of counsel.(a) In any state court child placement proceeding,
	569	+	17.33the parent or parents or Indian custodian shall have the right to be represented by an attorney.
574	570		17Sec. 27.
575		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 18.1 Subd. 2b.Appointment of counsel.(a) In any state court child placement proceeding,
576		-	18.2the parent or parents or Indian custodian shall have the right to be represented by an attorney.
577		-	18.3If the parent or parents or Indian custodian cannot afford an attorney and meet the
578		-	18.4requirements of section 611.17, an attorney will be appointed to represent them.
579		-	18.5 (b) In any state court child placement proceeding, any child ten years of age or older
580		-	18.6shall have the right to court-appointed counsel.
581		-	18.7 Subd. 2c.Examination of reports or other documents.Each party to a proceeding
582		-	18.8under this section involving an Indian child shall have the right to examine all the reports
583		-	18.9or other documents filed with the court upon which any decision with respect to the action
584		-	18.10may be based.
585		-	18.11 Subd. 2d.Tribal access to files and other documents.At any subsequent stage of the
586		-	18.12child-placing agency involvement with an Indian child, the child-placing agency or individual
587		-	18.13shall, upon request, give the Tribal social services agency full cooperation including access
588		-	18.14to all files concerning the Indian child. If the files contain confidential or private data, the
589		-	18.15child-placing agency or individual may require execution of an agreement with the Tribal
590		-	18.16social services agency specifying that the Tribal social services agency shall maintain the
591		-	18.17data according to statutory provisions applicable to the data.
592		-	18.18 Subd. 3.Transfer of proceedings.(a) In a any child placement proceeding for: (1) the
593		-	18.19termination of parental rights; or (2) the involuntary foster care placement of an Indian child
594		-	18.20not within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
595		-	18.21contrary, shall transfer the proceeding to the jurisdiction of the Tribe absent objection by
596		-	18.22either parent, upon. The petition of either to transfer may be filed by the Indian child's
597		-	18.23parent, the Indian custodian, or the Indian child's Tribe. The transfer is subject to declination
598		-	18.24by the Tribal court of the Tribe.
599		-	18.25 (b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
600		-	18.26within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
601		-	18.27contrary, shall transfer the proceeding to the jurisdiction of the Tribe. The transfer is subject
602		-	18.28to declination by the Tribal court of the Tribe. For the purposes of this subdivision,
603		-	18.29"preadoptive placement" and "adoptive placement" have the meanings give in section
604		-	18.30260.755, subdivision 3.
605		-	18.31 (c) At any point in a proceeding for finalizing a permanency plan, the court, in the
606		-	18.32absence of good cause to the contrary and in the absence of an objection by either parent,
607		-	18.33shall transfer the proceeding to Tribal court for the purpose of achieving a customary adoption
608		-	18.34or other culturally appropriate permanency option. This transfer shall be made upon the
	571	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 18.1If the parent or parents or Indian custodian cannot afford an attorney and meet the
	572	+	18.2requirements of section 611.17, an attorney will be appointed to represent them.
	573	+	18.3 (b) In any state court child placement proceeding, any child ten years of age or older
	574	+	18.4shall have the right to court-appointed counsel.
	575	+	18.5 Subd. 2c.Examination of reports or other documents.Each party to a proceeding
	576	+	18.6under this section involving an Indian child shall have the right to examine all the reports
	577	+	18.7or other documents filed with the court upon which any decision with respect to the action
	578	+	18.8may be based.
	579	+	18.9 Subd. 2d.Tribal access to files and other documents.At any subsequent stage of the
	580	+	18.10child-placing agency involvement with an Indian child, the child-placing agency or individual
	581	+	18.11shall, upon request, give the Tribal social services agency full cooperation including access
	582	+	18.12to all files concerning the Indian child. If the files contain confidential or private data, the
	583	+	18.13child-placing agency or individual may require execution of an agreement with the Tribal
	584	+	18.14social services agency specifying that the Tribal social services agency shall maintain the
	585	+	18.15data according to statutory provisions applicable to the data.
	586	+	18.16 Subd. 3.Transfer of proceedings.(a) In a any child placement proceeding for: (1) the
	587	+	18.17termination of parental rights; or (2) the involuntary foster care placement of an Indian child
	588	+	18.18not within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
	589	+	18.19contrary, shall transfer the proceeding to the jurisdiction of the Tribe absent objection by
	590	+	18.20either parent, upon. The petition of either to transfer may be filed by the Indian child's
	591	+	18.21parent, the Indian custodian, or the Indian child's Tribe. The transfer is subject to declination
	592	+	18.22by the Tribal court of the Tribe.
	593	+	18.23 (b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
	594	+	18.24within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
	595	+	18.25contrary, shall transfer the proceeding to the jurisdiction of the Tribe. The transfer is subject
	596	+	18.26to declination by the Tribal court of the Tribe. For the purposes of this subdivision,
	597	+	18.27"preadoptive placement" and "adoptive placement" have the meanings give in section
	598	+	18.28260.755, subdivision 3.
	599	+	18.29 (c) At any point in a proceeding for finalizing a permanency plan, the court, in the
	600	+	18.30absence of good cause to the contrary and in the absence of an objection by either parent,
	601	+	18.31shall transfer the proceeding to Tribal court for the purpose of achieving a customary adoption
	602	+	18.32or other culturally appropriate permanency option. This transfer shall be made upon the
	603	+	18.33petition of a parent whose parental rights have not been terminated, the Indian custodian,
609	604		18Sec. 27.
610		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 19.1petition of a parent whose parental rights have not been terminated, the Indian custodian,
611		-	19.2or the Indian child's Tribe. The transfer is subject to declination by the Tribal court of the
612		-	19.3Tribe.
613		-	19.4 Subd. 3a.Good cause to deny transfer.(a) Establishing good cause to deny transfer
614		-	19.5of jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case
615		-	19.6basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian
616		-	19.7Affairs social services or judicial systems must not be considered in a determination that
617		-	19.8good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the
618		-	19.9burden to prove by clear and convincing evidence that good cause to deny transfer exists.
619		-	19.10Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must
620		-	19.11be served upon all parties.
621		-	19.12 (b) The court may find good cause to deny transfer to Tribal court if:
622		-	19.13 (1) the Indian child's Tribe does not have a Tribal court or any other administrative body
623		-	19.14of a Tribe vested with authority over child custody placement proceedings, as defined by
624		-	19.15the Indian Child Welfare Act, United States Code, title 25, chapter 21 in section 260.755,
625		-	19.16subdivision 3, to which the case can be transferred, and no other Tribal court has been
626		-	19.17designated by the Indian child's Tribe; or
627		-	19.18 (2) the evidence necessary to decide the case could not be adequately presented in the
628		-	19.19Tribal court without undue hardship to the parties or the witnesses and the Tribal court is
629		-	19.20unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without
630		-	19.21evidence of undue hardship, travel distance alone is not a basis for denying a transfer.
631		-	19.22 Subd. 4.Effect of Tribal court placement orders.To the extent that any child subject
632		-	19.23to sections 260.755 to 260.835 is otherwise eligible for social services, orders of a Tribal
633		-	19.24court concerning placement of such child shall have the same force and effect as orders of
634		-	19.25a court of this state. (a) The court shall give full faith and credit to Tribal court placement
635		-	19.26orders. In any case where the Tribal court orders placement through a local social services
636		-	19.27agency, the court shall provide to and services, including but not limited to case planning
637		-	19.28services, full faith and credit of the Tribal court's order shall be provided so long as the local
638		-	19.29agency county of financial responsibility was provided notice and an opportunity to be heard
639		-	19.30regarding the placement expenses. Determination of county of financial responsibility for
640		-	19.31the placement shall be determined by the local social services child-placing agency in
641		-	19.32accordance with section 256G.02, subdivision 4. Disputes concerning the county of financial
642		-	19.33responsibility shall be settled in the manner prescribed in section 256G.09.
	605	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 19.1or the Indian child's Tribe. The transfer is subject to declination by the Tribal court of the
	606	+	19.2Tribe.
	607	+	19.3 Subd. 3a.Good cause to deny transfer.(a) Establishing good cause to deny transfer
	608	+	19.4of jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case
	609	+	19.5basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian
	610	+	19.6Affairs social services or judicial systems must not be considered in a determination that
	611	+	19.7good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the
	612	+	19.8burden to prove by clear and convincing evidence that good cause to deny transfer exists.
	613	+	19.9Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must
	614	+	19.10be served upon all parties.
	615	+	19.11 (b) The court may find good cause to deny transfer to Tribal court if:
	616	+	19.12 (1) the Indian child's Tribe does not have a Tribal court or any other administrative body
	617	+	19.13of a Tribe vested with authority over child custody placement proceedings, as defined by
	618	+	19.14the Indian Child Welfare Act, United States Code, title 25, chapter 21, to which the case
	619	+	19.15can be transferred, and no other Tribal court has been designated by the Indian child's Tribe;
	620	+	19.16or
	621	+	19.17 (2) the evidence necessary to decide the case could not be adequately presented in the
	622	+	19.18Tribal court without undue hardship to the parties or the witnesses and the Tribal court is
	623	+	19.19unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without
	624	+	19.20evidence of undue hardship, travel distance alone is not a basis for denying a transfer.
	625	+	19.21 Subd. 4.Effect of Tribal court placement orders.To the extent that any child subject
	626	+	19.22to sections 260.755 to 260.835 is otherwise eligible for social services, orders of a Tribal
	627	+	19.23court concerning placement of such child shall have the same force and effect as orders of
	628	+	19.24a court of this state. (a) The court shall give full faith and credit to Tribal court placement
	629	+	19.25orders. In any case where the Tribal court orders placement through a local social services
	630	+	19.26agency, the court shall provide to and services, including but not limited to case planning
	631	+	19.27services, full faith and credit of the Tribal court's order shall be provided so long as the local
	632	+	19.28agency county of financial responsibility was provided notice and an opportunity to be heard
	633	+	19.29regarding the placement expenses. Determination of county of financial responsibility for
	634	+	19.30the placement shall be determined by the local social services child-placing agency in
	635	+	19.31accordance with section 256G.02, subdivision 4. Disputes concerning the county of financial
	636	+	19.32responsibility shall be settled in the manner prescribed in section 256G.09.
	637	+	19.33 (b) The court shall give full faith and credit to the public acts, records, and judicial
	638	+	19.34proceedings of any Indian Tribe in all proceedings under sections 260.755 to 260.835. The
643	639		19Sec. 27.
644		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 20.1 (b) The court shall give full faith and credit to the public acts, records, and judicial
645		-	20.2proceedings of any Indian Tribe in all proceedings under sections 260.755 to 260.835. The
646		-	20.3courts shall give deference to the Tribe's interpretation of the Tribe's own unique system of
647		-	20.4laws. If further interpretation of a Tribe's laws or order is required, the court shall transfer
648		-	20.5the proceedings to the jurisdiction of the Tribal court for interpretation of the Tribal court's
649		-	20.6order.
650		-	20.7 Subd. 5.Indian Tribe agreements.The commissioner or the child-placing agency is
651		-	20.8hereby authorized to enter into agreements with Indian Tribes pursuant to United States
652		-	20.9Code, title 25, section 1919, respecting care and custody of Indian children and jurisdiction
653		-	20.10over child custody placement proceedings, including agreements which may provide for
654		-	20.11orderly transfer of jurisdiction on a case-by-case basis and agreements which provide for
655		-	20.12concurrent jurisdiction between the state and an Indian Tribe.
656		-	20.13 Subd. 6.Qualified expert witness and evidentiary requirements.(a) In an involuntary
657		-	20.14foster care placement proceeding, the court must determine by clear and convincing evidence,
658		-	20.15including testimony of a qualified expert witness, that continued custody of the child by the
659		-	20.16parent or Indian custodian is likely to result in serious emotional damage or serious physical
660		-	20.17damage to the child as defined in the Indian Child Welfare Act of 1978, United States Code,
661		-	20.18title 25, section 1912(e).
662		-	20.19 In a termination of parental rights proceeding, the court must determine by evidence
663		-	20.20beyond a reasonable doubt, including testimony of a qualified expert witness, that continued
664		-	20.21custody of the child by the parent or Indian custodian is likely to result in serious emotional
665		-	20.22damage or serious physical damage to the child as defined in the Indian Child Welfare Act
666		-	20.23of 1978, United States Code, title 25, section 1912(f).
667		-	20.24 In an involuntary permanent transfer of legal and physical custody proceeding, permanent
668		-	20.25custody to the agency proceeding, temporary custody to the agency, or other permanency
669		-	20.26proceeding, the court must determine by clear and convincing evidence, including testimony
670		-	20.27of a qualified expert witness, that the continued custody of the Indian child by the Indian
671		-	20.28child's parent or parents or Indian custodian is likely to result in serious emotional damage
672		-	20.29or serious physical damage to the child. Qualified expert witness testimony is not required
673		-	20.30where custody is transferred to the Indian child's parent.
674		-	20.31 Testimony of a qualified expert witness shall be provided for involuntary foster care
675		-	20.32placement and permanency proceedings independently.
676		-	20.33 (b) The local social services child-placing agency, individual petitioner, or any other
677		-	20.34party shall make diligent efforts to locate and present to the court a qualified expert witness
	640	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 20.1courts shall give deference to the Tribe's interpretation of the Tribe's own unique system of
	641	+	20.2laws. If further interpretation of a Tribe's laws or order is required, the court shall transfer
	642	+	20.3the proceedings to the jurisdiction of the Tribal court for interpretation of the Tribal court's
	643	+	20.4order.
	644	+	20.5 Subd. 5.Indian Tribe agreements.The commissioner or the child-placing agency is
	645	+	20.6hereby authorized to enter into agreements with Indian Tribes pursuant to United States
	646	+	20.7Code, title 25, section 1919, respecting care and custody of Indian children and jurisdiction
	647	+	20.8over child custody proceedings, including agreements which may provide for orderly transfer
	648	+	20.9of jurisdiction on a case-by-case basis and agreements which provide for concurrent
	649	+	20.10jurisdiction between the state and an Indian Tribe.
	650	+	20.11 Subd. 6.Qualified expert witness and evidentiary requirements.(a) In an involuntary
	651	+	20.12foster care placement proceeding, the court must determine by clear and convincing evidence,
	652	+	20.13including testimony of a qualified expert witness, that continued custody of the child by the
	653	+	20.14parent or Indian custodian is likely to result in serious emotional damage or serious physical
	654	+	20.15damage to the child as defined in the Indian Child Welfare Act of 1978, United States Code,
	655	+	20.16title 25, section 1912(e).
	656	+	20.17 In a termination of parental rights proceeding, the court must determine by evidence
	657	+	20.18beyond a reasonable doubt, including testimony of a qualified expert witness, that continued
	658	+	20.19custody of the child by the parent or Indian custodian is likely to result in serious emotional
	659	+	20.20damage or serious physical damage to the child as defined in the Indian Child Welfare Act
	660	+	20.21of 1978, United States Code, title 25, section 1912(f).
	661	+	20.22 In an involuntary permanent transfer of legal and physical custody proceeding, permanent
	662	+	20.23custody to the agency proceedings, temporary custody to the agency, or other permanency
	663	+	20.24proceedings, the court must determine by clear and convincing evidence, including testimony
	664	+	20.25of a qualified expert witness, that the continued custody of the Indian child by the Indian
	665	+	20.26child's parent or parents or Indian custodian is likely to result in serious emotional damage
	666	+	20.27or serious physical damage to the child. Qualified expert witness testimony is not required
	667	+	20.28where custody is transferred to the Indian child's parent.
	668	+	20.29 Testimony of a qualified expert witness shall be provided for involuntary foster care
	669	+	20.30placement and permanency proceedings independently.
	670	+	20.31 (b) The local social services child-placing agency, individual petitioner, or any other
	671	+	20.32party shall make diligent efforts to locate and present to the court a qualified expert witness
	672	+	20.33designated by the Indian child's Tribe. The qualifications of a qualified expert witness
678	673		20Sec. 27.
679		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 21.1designated by the Indian child's Tribe. The qualifications of a qualified expert witness
680		-	21.2designated by the Indian child's Tribe are not subject to a challenge in Indian child custody
681		-	21.3placement proceedings.
682		-	21.4 (c) If a party cannot obtain testimony from a Tribally designated qualified expert witness,
683		-	21.5the party shall submit to the court the diligent efforts made to obtain a Tribally designated
684		-	21.6qualified expert witness.
685		-	21.7 (d) If clear and convincing evidence establishes that a party's diligent efforts cannot
686		-	21.8produce testimony from a Tribally designated qualified expert witness, the party shall
687		-	21.9demonstrate to the court that a proposed qualified expert witness is, in descending order of
688		-	21.10preference:
689		-	21.11 (1) a member of the child's Tribe who is recognized by the Indian child's Tribal
690		-	21.12community as knowledgeable in Tribal customs as they pertain to family organization and
691		-	21.13child-rearing practices; or
692		-	21.14 (2) an Indian person from an Indian community who has substantial experience in the
693		-	21.15delivery of child and family services to Indians and extensive knowledge of prevailing social
694		-	21.16and cultural standards and contemporary and traditional child-rearing practices of the Indian
695		-	21.17child's Tribe.
696		-	21.18If clear and convincing evidence establishes that diligent efforts have been made to obtain
697		-	21.19a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have
698		-	21.20not been successful, a party may use an expert witness, as defined by the Minnesota Rules
699		-	21.21of Evidence, rule 702, who has substantial experience in providing services to Indian families
700		-	21.22and who has substantial knowledge of prevailing social and cultural standards and
701		-	21.23child-rearing practices within the Indian community. The court or any party may request
702		-	21.24the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the
703		-	21.25Indian child's Tribe in locating persons qualified to serve as expert witnesses.
704		-	21.26 (e) The court may allow alternative methods of participation and testimony in state court
705		-	21.27proceedings by a qualified expert witness, such as participation or testimony by telephone,
706		-	21.28videoconferencing, or other methods.
707		-	21.29 Subd. 7.Order of placement preference; deviation.(a) The court must follow the
708		-	21.30order of placement preferences required by the Indian Child Welfare Act of 1978, United
709		-	21.31States Code, title 25, section 1915, when placing an Indian child. In all proceedings where
710		-	21.32custody of the Indian child may be removed from the parent, the Indian child shall be placed
711		-	21.33in the least restrictive setting which most approximates a family and in which the Indian
712		-	21.34child's special needs, if any, may be met. The Indian child shall also be placed within
	674	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 21.1designated by the Indian child's Tribe are not subject to a challenge in Indian child custody
	675	+	21.2proceedings.
	676	+	21.3 (c) If a party cannot obtain testimony from a Tribally designated qualified expert witness,
	677	+	21.4the party shall submit to the court the diligent efforts made to obtain a Tribally designated
	678	+	21.5qualified expert witness.
	679	+	21.6 (d) If clear and convincing evidence establishes that a party's diligent efforts cannot
	680	+	21.7produce testimony from a Tribally designated qualified expert witness, the party shall
	681	+	21.8demonstrate to the court that a proposed qualified expert witness is, in descending order of
	682	+	21.9preference:
	683	+	21.10 (1) a member of the child's Tribe who is recognized by the Indian child's Tribal
	684	+	21.11community as knowledgeable in Tribal customs as they pertain to family organization and
	685	+	21.12child-rearing practices; or
	686	+	21.13 (2) an Indian person from an Indian community who has substantial experience in the
	687	+	21.14delivery of child and family services to Indians and extensive knowledge of prevailing social
	688	+	21.15and cultural standards and contemporary and traditional child-rearing practices of the Indian
	689	+	21.16child's Tribe.
	690	+	21.17If clear and convincing evidence establishes that diligent efforts have been made to obtain
	691	+	21.18a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have
	692	+	21.19not been successful, a party may use an expert witness, as defined by the Minnesota Rules
	693	+	21.20of Evidence, rule 702, who has substantial experience in providing services to Indian families
	694	+	21.21and who has substantial knowledge of prevailing social and cultural standards and
	695	+	21.22child-rearing practices within the Indian community. The court or any party may request
	696	+	21.23the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the
	697	+	21.24Indian child's Tribe in locating persons qualified to serve as expert witnesses.
	698	+	21.25 (e) The court may allow alternative methods of participation and testimony in state court
	699	+	21.26proceedings by a qualified expert witness, such as participation or testimony by telephone,
	700	+	21.27videoconferencing, or other methods.
	701	+	21.28 Subd. 7.Order of placement preference; deviation.(a) The court must follow the
	702	+	21.29order of placement preferences required by the Indian Child Welfare Act of 1978, United
	703	+	21.30States Code, title 25, section 1915, when placing an Indian child. In all proceedings where
	704	+	21.31custody of the Indian child may be removed from the parent, the Indian child shall be placed
	705	+	21.32in the least restrictive setting which most approximates a family and in which the Indian
	706	+	21.33child's special needs, if any, may be met. The Indian child shall also be placed within
713	707		21Sec. 27.
714		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 22.1reasonable proximity to the Indian child's home, taking into account any special needs of
	708	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 22.1reasonable proximity to the Indian child's home, taking into account any special needs of
715	709		22.2the Indian child.
716	710		22.3 (b) In the case of a placement under paragraph (c) or (d), if the Indian child's Tribe has
717	711		22.4established a different order of placement preference by resolution, the child-placing agency
718	712		22.5and the court shall recognize the Indian child's Tribe's order of placement in the form
719	713		22.6provided by the Tribe.
720	714		22.7 (c) Preference shall be given, in the absence of good cause to the contrary, to a placement
721	715		22.8with:
722	716		22.9 (1) a noncustodial parent or Indian custodian;
723	717		22.10 (2) a member of the child's extended family;
724	718		22.11 (3) a foster home licensed, approved, or specified by the Indian child's Tribe;
725	719		22.12 (4) an Indian foster home licensed or approved by an authorized non-Indian licensing
726	720		22.13authority; or
727	721		22.14 (5) an institution for children approved by an Indian Tribe or operated by an Indian
728	722		22.15organization which has a program suitable to meet the Indian child's needs.
729	723		22.16 (d) In any adoptive placement, transfer of custody placement, or other permanency
730	724		22.17placement of an Indian child, a preference shall be given, in the absence of good cause to
731	725		22.18the contrary, to a placement with:
732	726		22.19 (1) the Indian child's noncustodial parent or Indian custodian;
733	727		22.20 (2) a member of the child's extended family;
734	728		22.21 (3) other members of the Indian child's Tribe; or
735	729		22.22 (4) other persons or entities recognized as appropriate to be a permanency resource for
736	730		22.23the Indian child, by the Indian child's parent or parents, Indian custodian, or Indian Tribe.
737	731		22.24 (e) The county shall defer to the judgment of the Indian child's Tribe as to the suitability
738	732		22.25of a placement.
739	733		22.26 (f) The court shall consider the preference of the Indian child or parent.
740	734		22.27 (g) The standards to be applied in meeting the preference requirements of this subdivision
741	735		22.28shall be the prevailing social and cultural standards of the Indian community in which the
742	736		22.29parent or extended family resides or with which the parent or extended family members
743	737		22.30maintain social and cultural ties.
744	738		22Sec. 27.
745		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 23.1 (h) Whenever an Indian child is removed from a foster care home or institution for the
	739	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 23.1 (h) Whenever an Indian child is removed from a foster care home or institution for the
746	740		23.2purpose of further foster care, preadoptive, or adoptive placement, the placement shall be
747	741		23.3in accordance with the placement preferences, except in the case where an Indian child is
748	742		23.4being returned to the parent or Indian custodian from whose custody the Indian child was
749	743		23.5originally removed.
750	744		23.6 (i) A record of each such placement of an Indian child under state law shall be maintained
751	745		23.7by the county in which the placement was made and by the Department of Human Services
752	746		23.8evidencing the efforts to comply with the order of preference specified in this section. The
753	747		23.9record shall be made available at any time upon the request of the Secretary of the Interior
754	748		23.10or the Indian child's Tribe.
755	749		23.11 (b) (j) The court may place a child outside the order of shall follow the placement
756	750		23.12preferences only if the court determines there is good cause based on in paragraphs (a) to
757	751		23.13(i), except as follows:
758	752		23.14 (1) where a parent evidences a desire for anonymity, the child-placing agency and the
759	753		23.15court shall give weight to the parent's desire for anonymity in applying the preferences. A
760	754		23.16parent's desire for anonymity does not excuse the application of sections 260.751 to 260.835;
761	755		23.17or
762	756		23.18 (2) where the court determines there is good cause based on:
763	757		23.19 (1) (i) the reasonable request of the Indian child's parents, if one or both parents attest
764	758		23.20that they have reviewed the placement options that comply with the order of placement
765	759		23.21preferences;
766	760		23.22 (2) (ii) the reasonable request of the Indian child if the child is able to understand and
767	761		23.23comprehend the decision that is being made;
768	762		23.24 (3) (iii) the testimony of a qualified expert designated by the child's Tribe and, if
769	763		23.25necessary, testimony from an expert witness who meets qualifications of subdivision 6,
770	764		23.26paragraph (d), clause (2), that supports placement outside the order of placement preferences
771	765		23.27due to extraordinary physical or emotional needs of the child that require highly specialized
772	766		23.28services; or
773	767		23.29 (4) (iv) the testimony by the local social services child-placing agency that a diligent
774	768		23.30search has been conducted that did not locate any available, suitable families for the child
775	769		23.31that meet the placement preference criteria.
776	770		23.32 (c) (k) Testimony of the child's bonding or attachment to a foster family alone, without
777	771		23.33the existence of at least one of the factors in paragraph (b) (j), clause (2), shall not be
778	772		23Sec. 27.
779		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 24.1considered good cause to keep an Indian child in a lower preference or nonpreference
	773	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 24.1considered good cause to keep an Indian child in a lower preference or nonpreference
780	774		24.2placement. Ease of visitation and facilitation of relationship with the Indian child's parents,
781	775		24.3Indian custodian, extended family, or Tribe may be considered when determining placement.
782	776		24.4 (d) (l) A party who proposes that the required order of placement preferences not be
783	777		24.5followed bears the burden of establishing by clear and convincing evidence that good cause
784	778		24.6exists to modify the order of placement preferences.
785	779		24.7 (e) (m) If the court finds there is good cause to place the Indian child outside the order
786	780		24.8of placement preferences, the court must make written findings.
787	781		24.9 (f) (n) A good cause finding under this subdivision must consider whether active efforts
788	782		24.10were provided to extended family members who are considered the primary placement
789	783		24.11option to assist them in becoming a placement option for the Indian child as required by
790	784		24.12section 260.762.
791	785		24.13 (g) (o) When a an Indian child is placed outside the order of placement preferences,
792	786		24.14good cause to continue this placement must be determined at every stage of the proceedings.
793	787		24.15 Subd. 8.Guardians ad litem for Indian children.Guardians ad litem shall be
794	788		24.16specifically trained in the provision of services to Indian children, parent or parents, and
795	789		24.17Indian custodians under relevant federal and state laws and rules of court pursuant to section
796	790		24.18480.35, subdivision 2, clause (3).
797	791		24.19Sec. 28. [260.774] IMPROPER REMOVAL OF CHILD, DECLINATION OF
798	792		24.20JURISDICTION, INVALIDATION, RETURN OF CUSTODY.
799	793		24.21 Subdivision 1.Improper removal.In any proceeding where custody of the Indian child
800	794		24.22was improperly removed from the parent or parents or where the petitioner has improperly
801	795		24.23retained custody after a visit or other temporary relinquishment of custody, the court shall
802	796		24.24decline jurisdiction over the petition and shall immediately return the Indian child to the
803	797		24.25Indian child's parent or parents or Indian custodian unless returning the Indian child to the
804	798		24.26Indian child's parent or parents or Indian custodian would subject the Indian child to a
805	799		24.27substantial and immediate danger or threat of such danger.
806	800		24.28 Subd. 2.Invalidation.(a) Any order for out-of-home placement, transfer of custody,
807	801		24.29termination of parental rights, or other permanent change in custody of an Indian child shall
808	802		24.30be invalidated upon a showing, by a preponderance of the evidence, that a violation of any
809	803		24.31one of the provisions in section 260.761, 260.7611, 260.762, 260.765, or 260.771 has
810	804		24.32occurred.
811	805		24Sec. 28.
812		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 25.1 (b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or
	806	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 25.1 (b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or
813	807		25.2Indian Tribe may file a petition to invalidate under this subdivision.
814	808		25.3 (c) Upon a finding that a violation of one of the provisions in section 260.761, 260.7611,
815	809		25.4260.762, 260.765, or 260.771 has occurred, the court shall:
816	810		25.5 (1) dismiss the petition without prejudice; and
817	811		25.6 (2) return the Indian child to the care, custody, and control of the parent or parents or
818	812		25.7Indian custodian, unless the Indian child would be subjected to imminent damage or harm.
819	813		25.8 Subd. 3.Return of custody following adoption.(a) Whenever a final decree of adoption
820	814		25.9of an Indian child has been vacated, set aside, or there is a termination of the parental rights
821	815		25.10of the adoptive parents to the child, a biological parent or prior Indian custodian may petition
822	816		25.11for return of custody and the court shall grant the petition unless there is a showing, in
823	817		25.12proceedings subject to the provision of sections 260.751 to 260.835, that the return of custody
824	818		25.13is not in the best interests of the Indian child.
825	819		25.14 (b) The county attorney, Indian child, Indian child's Tribe, or a parent whose parental
826	820		25.15rights were terminated under a previous order of the court may file a petition for the return
827	821		25.16of custody.
828	822		25.17 (c) A petition for return of custody may be filed in court when:
829		-	25.18 (1) the parent or Indian custodian has corrected the conditions that led to an order
830		-	25.19terminating parental rights;
831		-	25.20 (2) the parent or Indian custodian is willing and has the capability to provide day-to-day
832		-	25.21care and maintain the health, safety, and welfare of the Indian child; and
833		-	25.22 (3) the adoption has been vacated, set aside, or termination of the parental rights of the
834		-	25.23adoptive parents to the Indian child has occurred.
835		-	25.24 (d) A petition for reestablishment of the legal parent and child relationship for a child
836		-	25.25who has not been adopted must meet the requirements in section 260C.329.
837		-	25.26Sec. 29. [260.7745] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
838		-	25.27ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
839		-	25.28 A Tribe and a county may enter a written agreement transferring responsibility for the
840		-	25.29screening and initial response to a child maltreatment report regarding an Indian child
841		-	25.30residing in the county where the child's reservation is located, from the county to the Tribe.
842		-	25.31An agreement under this section shall include a provision clarifying whether the county or
	823	+	25.18 (1) the parent has corrected the conditions that led to an order terminating parental rights;
	824	+	25.19 (2) the parent is willing and has the capability to provide day-to-day care and maintain
	825	+	25.20the health, safety, and welfare of the Indian child; and
	826	+	25.21 (3) the adoption has been vacated, set aside, or termination of the parental rights of the
	827	+	25.22adoptive parents to the Indian child has occurred.
	828	+	25.23 (d) A petition for reestablishment of the legal parent and child relationship for a child
	829	+	25.24who has not been adopted must meet the requirements in section 260C.329.
	830	+	25.25Sec. 29. [260.7745] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
	831	+	25.26ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
	832	+	25.27 A Tribe and a county may enter a written agreement transferring responsibility for the
	833	+	25.28screening and initial response to a child maltreatment report regarding an Indian child
	834	+	25.29residing in the county where the child's reservation is located, from the county to the Tribe.
	835	+	25.30An agreement under this section shall include a provision clarifying whether the county or
	836	+	25.31the Tribe is responsible for ongoing case management stemming from a child maltreatment
	837	+	25.32report.
843	838		25Sec. 29.
844		-	S0667-~~3 3rd~~ EngrossmentSF667 REVISOR SGS 26.~~1the Tribe~~ is ~~responsible for ongoing case management stemming from a child maltreatment~~
845		-	26.~~2report~~.
846		-	26.3 ~~Sec~~. 30. ~~Minnesota Statutes 2022,~~ ~~section 260.781, is amended to read:~~
847		-	26.~~4 260.781 RECORDS;~~ ~~INFORMATION AVAILABILITY.~~
848		-	26.~~5 Subdivision 1.Court decree information.(a)~~ A ~~state court entering a final~~ decree or
849		-	26.~~6order in an Indian child adoptive placement shall provide the Department of Human Services~~
850		-	26.~~7and~~ the ~~child's~~ Tribal ~~social services agency with a copy~~ of the ~~decree or order together with~~
851		-	26.~~8such other information to show:~~
852		-	26.9 (1) the ~~name~~ and ~~Tribal affiliation~~ of the ~~child~~;
853		-	26.10 (2) the ~~names and addresses~~ of the ~~biological parents;~~
854		-	26.~~11 (3) the names and addresses of the adoptive parents; and~~
855		-	26.12 ~~(4)~~ the ~~identity~~ of ~~any agency having files~~ or ~~information relating to the adoptive~~
856		-	26.~~13placement.~~
857		-	26.~~14 If~~ the ~~court records contain an affidavit of~~ the ~~biological or adoptive parent or parents~~
858		-	26.~~15requesting anonymity,~~ the ~~court shall delete~~ the ~~name and address of~~ the ~~biological or~~
859		-	26.~~16adoptive parents from~~ the ~~information sent to~~ the ~~child's Tribal social services agency~~. The
860		-	26.~~17court~~ shall ~~include~~ the ~~affidavit with~~ the ~~other information provided~~ to the ~~Minnesota~~
861		-	26.~~18Department~~ of ~~Human Services~~ and the ~~Secretary of the Interior.~~ ~~The Minnesota Department~~
862		-	26.~~19of Human Services shall and the Secretary~~ of ~~the Interior is requested to ensure that the~~
863		-	26.~~20confidentiality of the information is maintained and the information shall not be subject to~~
864		-	26.~~21the Freedom~~ of Information ~~Act, United States Code,~~ ~~title 5,~~ ~~section 552,~~ ~~as amended.~~
865		-	26.22 (b) ~~For:~~
866		-	26.23 (1) ~~disclosure~~ of ~~information for enrollment~~ of an Indian ~~child in the Tribe;~~
867		-	26.~~24 (2) determination~~ of ~~member rights~~ or ~~benefits;~~ or
868		-	26.~~25 (3) certification of entitlement to membership upon the request of the adopted Indian~~
869		-	26.~~26child over~~ the ~~age of eighteen,~~ the ~~adoptive or foster parents of an Indian child, or an Indian~~
870		-	26.~~27Tribe,~~
871		-	26.~~28the Secretary of the Interior is requested to disclose~~ any ~~other necessary information for the~~
872		-	26.~~29membership of an Indian child in~~ the ~~Tribe in which~~ the Indian child ~~may be eligible for~~
873		-	26.~~30membership~~ or ~~for determining any rights or benefits associated with that membership.~~
874		-	26.~~31Where the documents relating to~~ the Indian child ~~contain an affidavit from~~ the ~~biological~~
	839	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 26.1 Sec. 30. Minnesota Statutes 2022, section 260.781, is amended to read:
	840	+	26.2 260.781 RECORDS; INFORMATION AVAILABILITY.
	841	+	26.3 Subdivision 1.Court decree information.(a) A state court entering a final decree or
	842	+	26.4order in an Indian child adoptive placement shall provide the Department of Human Services
	843	+	26.5and the child's Tribal social services agency with a copy of the decree or order together with
	844	+	26.6such other information to show:
	845	+	26.7 (1) the name and Tribal affiliation of the child;
	846	+	26.8 (2) the names and addresses of the biological parents;
	847	+	26.9 (3) the names and addresses of the adoptive parents; and
	848	+	26.10 (4) the identity of any agency having files or information relating to the adoptive
	849	+	26.11placement.
	850	+	26.12 If the court records contain an affidavit of the biological or adoptive parent or parents
	851	+	26.13requesting anonymity, the court shall delete the name and address of the biological or
	852	+	26.14adoptive parents from the information sent to the child's Tribal social services agency. The
	853	+	26.15court shall include the affidavit with the other information provided to the Minnesota
	854	+	26.16Department of Human Services and the Secretary of the Interior. The Minnesota Department
	855	+	26.17of Human Services shall and the Secretary of the Interior is requested to ensure that the
	856	+	26.18confidentiality of the information is maintained and the information shall not be subject to
	857	+	26.19the Freedom of Information Act, United States Code, title 5, section 552, as amended.
	858	+	26.20 (b) For:
	859	+	26.21 (1) disclosure of information for enrollment of an Indian child in the Tribe;
	860	+	26.22 (2) determination of member rights or benefits; or
	861	+	26.23 (3) certification of entitlement to membership upon the request of the adopted Indian
	862	+	26.24child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian
	863	+	26.25Tribe,
	864	+	26.26the Secretary of the Interior is requested to disclose any other necessary information for the
	865	+	26.27membership of an Indian child in the Tribe in which the Indian child may be eligible for
	866	+	26.28membership or for determining any rights or benefits associated with that membership.
	867	+	26.29Where the documents relating to the Indian child contain an affidavit from the biological
	868	+	26.30parent or parents requesting anonymity, the Secretary of the Interior is requested to certify
	869	+	26.31to the Indian child's Tribe, where the information warrants, that the Indian child's parentage
875	870		26Sec. 30.
876		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 27.1parent or parents requesting anonymity, the Secretary of the Interior is requested to certify
877		-	27.2to the Indian child's Tribe, where the information warrants, that the Indian child's parentage
878		-	27.3and other circumstances of birth entitle the Indian child to membership under the criteria
879		-	27.4established by the Tribe.
880		-	27.5 Subd. 2.Disclosure of records.Upon the request of an adopted Indian person over the
881		-	27.6age of 18, the adoptive or foster parents of an Indian person, or an Indian Tribal social
882		-	27.7services agency, the Department of Human Services shall disclose to the Indian person's
883		-	27.8Tribe information necessary for membership of an Indian person in the Tribe in which the
884		-	27.9person may be eligible for membership or for determining any rights or benefits associated
885		-	27.10with that membership. When the documents relating to the person contain an affidavit from
886		-	27.11the biological or adoptive parent or parents requesting anonymity, the department must use
887		-	27.12the procedures described in United States Code, title 25, section 1951, paragraph (b)
888		-	27.13subdivision 1.
889		-	27.14 Subd. 3.Tribal affiliation information.Upon application by an Indian individual who
890		-	27.15has reached the age of 18 and who was the subject of an adoptive placement, the court that
891		-	27.16entered the final decree shall inform the individual of the Tribal affiliation, if any, of the
892		-	27.17individual's biological parents and provide any other necessary information to protect any
893		-	27.18rights flowing from the individual's Tribal relationship.
894		-	27.19Sec. 31. Minnesota Statutes 2022, section 260.785, subdivision 2, is amended to read:
895		-	27.20 Subd. 2.Special focus grants.The commissioner shall establish direct grants to local
896		-	27.21social services child-placing agencies, Tribes, Indian organizations, and other organizations
897		-	27.22for placement prevention and family reunification services for Indian children.
898		-	27.23Sec. 32. Minnesota Statutes 2022, section 260.791, is amended to read:
899		-	27.24 260.791 GRANT APPLICATIONS.
900		-	27.25 A Tribe, Indian organization, or Tribal social services agency program located
901		-	27.26off-reservation may apply for primary support grants under section 260.785, subdivision 1.
902		-	27.27A local social services child-placing agency, Tribe, Indian organization, or other social
903		-	27.28service organization may apply for special focus grants under section 260.785, subdivision
904		-	27.292. Civil legal service organizations eligible for grants under section 260.785, subdivision
905		-	27.303, may apply for grants under that section. Application may be made alone or in combination
906		-	27.31with other Tribes or Indian organizations.
907		-	27Sec. 32.
908		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 28.1 Sec. 33. Minnesota Statutes 2022, section 260.795, subdivision 1, is amended to read:
909		-	28.2 Subdivision 1.Types of services.(a) Eligible Indian child welfare services provided
910		-	28.3under primary support grants include:
911		-	28.4 (1) placement prevention and reunification services;
912		-	28.5 (2) family-based services;
913		-	28.6 (3) individual and family counseling;
914		-	28.7 (4) access to professional individual, group, and family counseling;
915		-	28.8 (5) crisis intervention and crisis counseling;
916		-	28.9 (6) development of foster and adoptive placement resources, including recruitment,
917		-	28.10licensing, and support;
918		-	28.11 (7) court advocacy;
919		-	28.12 (8) training and consultation to county and private social services agencies regarding
920		-	28.13the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act;
921		-	28.14 (9) advocacy in working with the county and private social services agencies, and
922		-	28.15activities to help provide access to agency services, including but not limited to 24-hour
923		-	28.16caretaker and homemaker services, day care, emergency shelter care up to 30 days in 12
924		-	28.17months, access to emergency financial assistance, and arrangements to provide temporary
925		-	28.18respite care to a family for up to 72 hours consecutively or 30 days in 12 months;
926		-	28.19 (10) transportation services to the child and parents to prevent placement or reunite the
927		-	28.20family; and
928		-	28.21 (11) other activities and services approved by the commissioner that further the goals
929		-	28.22of the Indian Child Welfare Act and the Indian Family Preservation Act, including but not
930		-	28.23limited to recruitment of Indian staff for local social services child-placing agencies and
931		-	28.24licensed child-placing agencies. The commissioner may specify the priority of an activity
932		-	28.25and service based on its success in furthering these goals.
933		-	28.26 (b) Eligible services provided under special focus grants include:
934		-	28.27 (1) permanency planning activities that meet the special needs of Indian families;
935		-	28.28 (2) teenage pregnancy;
936		-	28.29 (3) independent living skills;
	871	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 27.1and other circumstances of birth entitle the Indian child to membership under the criteria
	872	+	27.2established by the Tribe.
	873	+	27.3 Subd. 2.Disclosure of records.Upon the request of an adopted Indian person over the
	874	+	27.4age of 18, the adoptive or foster parents of an Indian person, or an Indian Tribal social
	875	+	27.5services agency, the Department of Human Services shall disclose to the Indian person's
	876	+	27.6Tribe information necessary for membership of an Indian person in the Tribe in which the
	877	+	27.7person may be eligible for membership or for determining any rights or benefits associated
	878	+	27.8with that membership. When the documents relating to the person contain an affidavit from
	879	+	27.9the biological or adoptive parent or parents requesting anonymity, the department must use
	880	+	27.10the procedures described in United States Code, title 25, section 1951, paragraph (b)
	881	+	27.11subdivision 1.
	882	+	27.12 Subd. 3.Tribal affiliation information.Upon application by an Indian individual who
	883	+	27.13has reached the age of 18 and who was the subject of an adoptive placement, the court that
	884	+	27.14entered the final decree shall inform the individual of the Tribal affiliation, if any, of the
	885	+	27.15individual's biological parents and provide any other necessary information to protect any
	886	+	27.16rights flowing from the individual's Tribal relationship.
	887	+	27.17Sec. 31. Minnesota Statutes 2022, section 260.785, subdivision 2, is amended to read:
	888	+	27.18 Subd. 2.Special focus grants.The commissioner shall establish direct grants to local
	889	+	27.19social services child-placing agencies, Tribes, Indian organizations, and other organizations
	890	+	27.20for placement prevention and family reunification services for Indian children.
	891	+	27.21Sec. 32. Minnesota Statutes 2022, section 260.791, is amended to read:
	892	+	27.22 260.791 GRANT APPLICATIONS.
	893	+	27.23 A Tribe, Indian organization, or Tribal social services agency program located
	894	+	27.24off-reservation may apply for primary support grants under section 260.785, subdivision 1.
	895	+	27.25A local social services child-placing agency, Tribe, Indian organization, or other social
	896	+	27.26service organization may apply for special focus grants under section 260.785, subdivision
	897	+	27.272. Civil legal service organizations eligible for grants under section 260.785, subdivision
	898	+	27.283, may apply for grants under that section. Application may be made alone or in combination
	899	+	27.29with other Tribes or Indian organizations.
	900	+	27.30Sec. 33. Minnesota Statutes 2022, section 260.795, subdivision 1, is amended to read:
	901	+	27.31 Subdivision 1.Types of services.(a) Eligible Indian child welfare services provided
	902	+	27.32under primary support grants include:
	903	+	27Sec. 33.
	904	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 28.1 (1) placement prevention and reunification services;
	905	+	28.2 (2) family-based services;
	906	+	28.3 (3) individual and family counseling;
	907	+	28.4 (4) access to professional individual, group, and family counseling;
	908	+	28.5 (5) crisis intervention and crisis counseling;
	909	+	28.6 (6) development of foster and adoptive placement resources, including recruitment,
	910	+	28.7licensing, and support;
	911	+	28.8 (7) court advocacy;
	912	+	28.9 (8) training and consultation to county and private social services agencies regarding
	913	+	28.10the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act;
	914	+	28.11 (9) advocacy in working with the county and private social services agencies, and
	915	+	28.12activities to help provide access to agency services, including but not limited to 24-hour
	916	+	28.13caretaker and homemaker services, day care, emergency shelter care up to 30 days in 12
	917	+	28.14months, access to emergency financial assistance, and arrangements to provide temporary
	918	+	28.15respite care to a family for up to 72 hours consecutively or 30 days in 12 months;
	919	+	28.16 (10) transportation services to the child and parents to prevent placement or reunite the
	920	+	28.17family; and
	921	+	28.18 (11) other activities and services approved by the commissioner that further the goals
	922	+	28.19of the Indian Child Welfare Act and the Indian Family Preservation Act, including but not
	923	+	28.20limited to recruitment of Indian staff for local social services child-placing agencies and
	924	+	28.21licensed child-placing agencies. The commissioner may specify the priority of an activity
	925	+	28.22and service based on its success in furthering these goals.
	926	+	28.23 (b) Eligible services provided under special focus grants include:
	927	+	28.24 (1) permanency planning activities that meet the special needs of Indian families;
	928	+	28.25 (2) teenage pregnancy;
	929	+	28.26 (3) independent living skills;
	930	+	28.27 (4) family and community involvement strategies to combat child abuse and chronic
	931	+	28.28neglect of children;
	932	+	28.29 (5) coordinated child welfare and mental health services to Indian families;
937	933		28Sec. 33.
938		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 29.1 (4) family and community involvement strategies to combat child abuse and chronic
939		-	29.2neglect of children;
940		-	29.3 (5) coordinated child welfare and mental health services to Indian families;
941		-	29.4 (6) innovative approaches to assist Indian youth to establish better self-image, decrease
942		-	29.5isolation, and decrease the suicide rate;
943		-	29.6 (7) expanding or improving services by packaging and disseminating information on
944		-	29.7successful approaches or by implementing models in Indian communities relating to the
945		-	29.8development or enhancement of social structures that increase family self-reliance and links
946		-	29.9with existing community resources;
947		-	29.10 (8) family retrieval services to help adopted individuals reestablish legal affiliation with
948		-	29.11the Indian Tribe; and
949		-	29.12 (9) other activities and services approved by the commissioner that further the goals of
950		-	29.13the Indian Child Welfare Act and the Indian Family Preservation Act. The commissioner
951		-	29.14may specify the priority of an activity and service based on its success in furthering these
952		-	29.15goals.
953		-	29.16 (c) The commissioner shall give preference to programs that use Indian staff, contract
954		-	29.17with Indian organizations or Tribes, or whose application is a joint effort between the Indian
955		-	29.18and non-Indian community to achieve the goals of the Indian Child Welfare Act and the
956		-	29.19Minnesota Indian Family Preservation Act. Programs must have input and support from the
957		-	29.20Indian community.
958		-	29.21Sec. 34. Minnesota Statutes 2022, section 260.805, is amended to read:
959		-	29.22 260.805 CONTINUED LEGAL RESPONSIBILITY OF LOCAL SOCIAL
960		-	29.23SERVICES CHILD-PLACING AGENCIES.
961		-	29.24 The legal responsibility of local social services child-placing agencies to provide Indian
962		-	29.25child welfare services continues, and existing services must not be reduced because of the
963		-	29.26availability of these funds.
964		-	29.27Sec. 35. Minnesota Statutes 2022, section 260.821, subdivision 2, is amended to read:
965		-	29.28 Subd. 2.Special focus grants.The amount available for grants established under section
966		-	29.29260.785, subdivision 2, for local social services child-placing agencies, Tribes, Indian
967		-	29.30organizations, and other social services organizations is one-fifth of the total annual
	934	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 29.1 (6) innovative approaches to assist Indian youth to establish better self-image, decrease
	935	+	29.2isolation, and decrease the suicide rate;
	936	+	29.3 (7) expanding or improving services by packaging and disseminating information on
	937	+	29.4successful approaches or by implementing models in Indian communities relating to the
	938	+	29.5development or enhancement of social structures that increase family self-reliance and links
	939	+	29.6with existing community resources;
	940	+	29.7 (8) family retrieval services to help adopted individuals reestablish legal affiliation with
	941	+	29.8the Indian Tribe; and
	942	+	29.9 (9) other activities and services approved by the commissioner that further the goals of
	943	+	29.10the Indian Child Welfare Act and the Indian Family Preservation Act. The commissioner
	944	+	29.11may specify the priority of an activity and service based on its success in furthering these
	945	+	29.12goals.
	946	+	29.13 (c) The commissioner shall give preference to programs that use Indian staff, contract
	947	+	29.14with Indian organizations or Tribes, or whose application is a joint effort between the Indian
	948	+	29.15and non-Indian community to achieve the goals of the Indian Child Welfare Act and the
	949	+	29.16Minnesota Indian Family Preservation Act. Programs must have input and support from the
	950	+	29.17Indian community.
	951	+	29.18Sec. 34. Minnesota Statutes 2022, section 260.805, is amended to read:
	952	+	29.19 260.805 CONTINUED LEGAL RESPONSIBILITY OF LOCAL SOCIAL
	953	+	29.20SERVICES CHILD-PLACING AGENCIES.
	954	+	29.21 The legal responsibility of local social services child-placing agencies to provide Indian
	955	+	29.22child welfare services continues, and existing services must not be reduced because of the
	956	+	29.23availability of these funds.
	957	+	29.24Sec. 35. Minnesota Statutes 2022, section 260.821, subdivision 2, is amended to read:
	958	+	29.25 Subd. 2.Special focus grants.The amount available for grants established under section
	959	+	29.26260.785, subdivision 2, for local social services child-placing agencies, Tribes, Indian
	960	+	29.27organizations, and other social services organizations is one-fifth of the total annual
	961	+	29.28appropriation for Indian child welfare grants. The maximum award under this subdivision
	962	+	29.29is $100,000 a year for programs approved by the commissioner.
968	963		29Sec. 35.
969		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 30.1appropriation for Indian child welfare grants. The maximum award under this subdivision
970		-	30.2is $100,000 a year for programs approved by the commissioner.
971		-	30.3 Sec. 36. Minnesota Statutes 2022, section 260.835, subdivision 2, is amended to read:
972		-	30.4 Subd. 2.Expiration.The American Indian Child Welfare Advisory Council expires
973		-	30.5June 30, 2023. This section does not expire.
974		-	30.6 Sec. 37. [260.836] SEVERABILITY.
975		-	30.7 If any provision in sections 260.751 to 260.835 is held invalid or contrary to the
976		-	30.8Constitution of the United States or the Minnesota Constitution or the applicability thereof
977		-	30.9to any government, agency, person, or circumstance is held invalid, the validity of the
978		-	30.10remainder of the provisions in sections 260.751 to 260.835 and the applicability thereof to
979		-	30.11any government, agency, person or circumstance shall not be affected thereby.
980		-	30.12Sec. 38. REVISOR INSTRUCTION.
981		-	30.13 (a) The revisor shall renumber each section of Minnesota Statutes in Column A with
982		-	30.14the number in Column B.
983		-	Column B30.15 Column A
984		-	260.774530.16 260.7611
985		-	260.765, subdivision 1a30.17 260.765, subdivision 5
986		-	260.763, subdivision 130.18 260.771, subdivision 1
987		-	260.763, subdivision 230.19 260.771, subdivision 4, paragraph (a)
988		-	260.763, subdivision 2a30.20 260.771, subdivision 4, paragraph (b)
989		-	260.763, subdivision 330.21 260.771, subdivision 5
990		-	260.763, subdivision 430.22 260.771, subdivision 3
991		-	260.763, subdivision 530.23 260.771, subdivision 3a
992		-	260.77330.24 260.771, subdivision 7
993		-	30.25 (b) Section 260.763 shall be titled "JURISDICTION AND TRANSFER TO TRIBAL
994		-	30.26COURT."
995		-	30.27 (c) Section 260.773 shall be titled "PLACEMENT OF INDIAN CHILDREN." The
996		-	30.28revisor shall renumber the paragraphs in 260.771, subdivision 7, into subdivisions under
997		-	30.29section 260.773.
998		-	30.30 (d) The revisor shall make necessary cross-reference changes consistent with the
999		-	30.31renumbering in this section.
1000		-	30Sec. 38.
1001		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 31.1 Sec. 39. REPEALER.
1002		-	31.2 Minnesota Statutes 2022, section 260.755, subdivision 17, is repealed.
1003		-	31Sec. 39.
1004		-	S0667-3 3rd EngrossmentSF667 REVISOR SGS 260.755 DEFINITIONS.
	964	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 30.1 Sec. 36. Minnesota Statutes 2022, section 260.835, subdivision 2, is amended to read:
	965	+	30.2 Subd. 2.Expiration.The American Indian Child Welfare Advisory Council expires
	966	+	30.3June 30, 2023. This section does not expire.
	967	+	30.4 Sec. 37. [260.836] SEVERABILITY.
	968	+	30.5 If any provision in sections 260.751 to 260.835 is held invalid or contrary to the
	969	+	30.6Constitution of the United States or the Minnesota Constitution or the applicability thereof
	970	+	30.7to any government, agency, person, or circumstance is held invalid, the validity of the
	971	+	30.8remainder of the provisions in sections 260.751 to 260.835 and the applicability thereof to
	972	+	30.9any government, agency, person or circumstance shall not be affected thereby.
	973	+	30.10Sec. 38. REVISOR INSTRUCTION.
	974	+	30.11 (a) The revisor shall renumber each section of Minnesota Statutes in Column A with
	975	+	30.12the number in Column B.
	976	+	Column B30.13 Column A
	977	+	260.774530.14 260.7611
	978	+	260.765, subdivision 1a30.15 260.765, subdivision 5
	979	+	260.763, subdivision 130.16 260.771, subdivision 1
	980	+	260.763, subdivision 230.17 260.771, subdivision 4, paragraph (a)
	981	+	260.763, subdivision 2a30.18 260.771, subdivision 4, paragraph (b)
	982	+	260.763, subdivision 330.19 260.771, subdivision 5
	983	+	260.763, subdivision 430.20 260.771, subdivision 3
	984	+	260.763, subdivision 530.21 260.771, subdivision 3a
	985	+	260.77330.22 260.771, subdivision 7
	986	+	30.23 (b) Section 260.763 shall be titled "JURISDICTION AND TRANSFER TO TRIBAL
	987	+	30.24COURT."
	988	+	30.25 (c) Section 260.773 shall be titled "PLACEMENT OF INDIAN CHILDREN." The
	989	+	30.26revisor shall renumber the paragraphs in 260.771, subdivision 7, into subdivisions under
	990	+	30.27section 260.773.
	991	+	30.28 (d) The revisor shall make necessary cross-reference changes consistent with the
	992	+	30.29renumbering in this section.
	993	+	30.30Sec. 39. REPEALER.
	994	+	30.31 Minnesota Statutes 2022, section 260.755, subdivision 17, is repealed.
	995	+	30Sec. 39.
	996	+	S0667-2 2nd EngrossmentSF667 REVISOR SGS 260.755 DEFINITIONS.
1005	997		Subd. 17.Private child-placing agency."Private child-placing agency" means a private
1006	998		organization, association, or corporation providing assistance to children and parents in their own
1007	999		homes and placing children in foster care or for adoption.
1008	1000		1R
1009	1001		APPENDIX
1010		-	Repealed Minnesota Statutes: S0667-3
	1002	+	Repealed Minnesota Statutes: S0667-2