1.1 A bill for an act
1.2 relating to human services; establishing the Minnesota African American Family
1.3 Preservation Act; establishing the African American Child Welfare Council;
1.4 modifying child welfare provisions; requiring reports; appropriating money;
1.5 amending Minnesota Statutes 2022, section 260C.329, subdivisions 3, 8; proposing
1.6 coding for new law in Minnesota Statutes, chapter 260.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [260.61] CITATION.
1.9 Sections 260.61 to 260.695 may be cited as the "Minnesota African American Family
1.10Preservation Act."
1.11 Sec. 2. [260.62] PURPOSES.
1.12 (a) The purposes of the Minnesota African American Family Preservation Act are to:
1.13 (1) protect the best interests of African American children;
1.14 (2) promote the stability and security of African American children and families by
1.15establishing minimum standards to prevent arbitrary and unnecessary removal of African
1.16American children from their families; and
1.17 (3) improve permanency outcomes, including family reunification, for African American
1.18children.
1.19 (b) Nothing in this legislation is intended to interfere with the protections of the Indian
1.20Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.
1Sec. 2.
23-00906 as introduced01/18/23 REVISOR BD/AD
SENATE
STATE OF MINNESOTA
S.F. No. 716NINETY-THIRD SESSION
(SENATE AUTHORS: CHAMPION)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/25/2023
Referred to Judiciary and Public Safety 2.1 Sec. 3. [260.63] DEFINITIONS.
2.2 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.695.
2.3 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
2.4that the responsible social services agency must continuously make throughout the time
2.5that the responsible social services agency is involved with an African American child and
2.6the child's family. To provide active efforts to preserve an African American child's family,
2.7the responsible social services agency must continuously involve an African American
2.8family and the African American Welfare Oversight Council in all services for the family,
2.9including case planning and choosing services and providers, and inform the family of the
2.10ability to request a case review by the commissioner under section 260.694. When providing
2.11active efforts, a responsible social services agency must consider an African American
2.12family's social and cultural values at all times while providing services to an African
2.13American child and family. Active efforts includes continuous efforts to preserve an African
2.14American child's family and to prevent the out-of-home placement of an African American
2.15child. If an African American child enters out-of-home placement, the responsible social
2.16services agency must make active efforts to reunify the African American child with the
2.17child's family as soon as possible. Active efforts sets a higher standard for the responsible
2.18social services agency than reasonable efforts to preserve the child's family, prevent the
2.19child's out-of-home placement, and reunify the child with the child's family. Active efforts
2.20includes the provision of reasonable efforts as required by Title IV-E of the Social Security
2.21Act, United States Code, title 42, sections 670 to 679c.
2.22 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
2.23of an African American child made by the responsible social services agency upon a fully
2.24executed adoption placement agreement, including the signatures of the adopting parent,
2.25the responsible social services agency, and the commissioner of human services according
2.26to section 260C.613, subdivision 1.
2.27 Subd. 4.African American child."African American child" means a child having
2.28origins in Africa, including a child of two or more races who has at least one parent with
2.29origins in Africa.
2.30 Subd. 5.Best interests of the African American child.The "best interests of the African
2.31American child" means providing a culturally informed practice lens that acknowledges,
2.32utilizes, and embraces the African American child's community and cultural norms and
2.33allows the child to remain safely at home with the child's family. The best interests of the
2Sec. 3.
23-00906 as introduced01/18/23 REVISOR BD/AD 3.1African American child supports the child's sense of belonging to the child's family, extended
3.2family, kin, and cultural community.
3.3 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
3.4judicial proceeding that could result in:
3.5 (1) an adoptive placement;
3.6 (2) a foster care placement;
3.7 (3) a preadoptive placement; or
3.8 (4) a termination of parental rights.
3.9 (b) Judicial proceedings under this subdivision include a child's placement based upon
3.10a child's juvenile status offense, but do not include a child's placement based upon:
3.11 (1) an act which if committed by an adult would be deemed a crime; or
3.12 (2) an award of child custody in a divorce proceeding to one of the child's parents.
3.13 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
3.14or the commissioner's designee.
3.15 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
3.16provide care and support for an African American child, or who is in fact providing daily
3.17care and support for an African American child. This subdivision does not impose a legal
3.18obligation upon a person who is not otherwise legally obligated to provide a child with
3.19necessary food, clothing, shelter, education, or medical care.
3.20 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
3.21African American children in the state's child welfare system population as compared to
3.22the number of African American children in the state's total child population.
3.23 Subd. 10.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
3.24subdivision 5.
3.25 Subd. 11.Foster care placement."Foster care placement" means the court-ordered
3.26removal of an African American child from the child's home with the child's parent or legal
3.27custodian and the temporary placement of the child in a foster home, in shelter care or a
3.28facility, or in the home of a guardian, when the parent or legal custodian cannot have the
3.29child returned upon demand, but the parent's parental rights have not been terminated. A
3.30foster care placement includes an order placing the child under the guardianship of the
3.31commissioner, pursuant to section 260C.325, prior to an adoption being finalized.
3Sec. 3.
23-00906 as introduced01/18/23 REVISOR BD/AD 4.1 Subd. 12.Responsible social services agency."Responsible social services agency"
4.2has the meaning given in section 260C.007, subdivision 27a.
4.3 Subd. 13.Parent."Parent" means the biological parent of an African American child
4.4or any person who has legally adopted an African American child who, prior to the adoption,
4.5was considered a relative to the child, as defined in subdivision 16. Parent includes an
4.6unmarried father whose paternity has been acknowledged or established and a putative
4.7father. Paternity has been acknowledged when an unmarried father takes any action to hold
4.8himself out as the biological father of a child.
4.9 Subd. 14.Preadoptive placement."Preadoptive placement" means a responsible social
4.10services agency's placement of an African American child with the child's family or kin
4.11when the child is under the guardianship of the commissioner, for the purpose of adoption,
4.12but an adoptive placement agreement for the child has not been fully executed.
4.13 Subd. 15.Relative."Relative" means:
4.14 (1) an individual related to the child by blood, marriage, or adoption;
4.15 (2) a legal parent, guardian, or custodian of the child's sibling;
4.16 (3) an individual who is an important friend of the child or child's family with whom
4.17the child has resided or has had significant contact; or
4.18 (4) an individual who the child or the child's family identify as related to the child's
4.19family.
4.20 Subd. 16.Safety network."Safety network" means a group of individuals identified by
4.21the parent and child, when appropriate, that is accountable for developing, implementing,
4.22sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
4.23child.
4.24 Subd. 17.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
4.25subdivision 20.
4.26 Subd. 18.Termination of parental rights."Termination of parental rights" means an
4.27action resulting in the termination of the parent-child relationship under section 260C.301.
4.28 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
4.29PROMOTE FAMILY REUNIFICATION.
4.30 (a) A responsible social services agency shall make active efforts to prevent the
4.31out-of-home placement of an African American child, eliminate the need for a child's removal
4Sec. 4.
23-00906 as introduced01/18/23 REVISOR BD/AD 5.1from the child's home, and reunify an African American child with the child's family as
5.2soon as practicable.
5.3 (b) Prior to petitioning the court to remove an African American child from the child's
5.4home, a responsible social services agency must work with the child's family to allow the
5.5child to remain in the child's home while implementing a safety plan based on the family's
5.6needs. The responsible social services agency must make active efforts to engage the child's
5.7parent or custodian and the child, when appropriate; establish a safety network for the family;
5.8and provide support, guidance, and input to assist the family and the family's safety network
5.9with developing the safety plan. The safety plan must:
5.10 (1) address the specific allegations impacting the child's safety in the home;
5.11 (2) incorporate family and community support to ensure the child's safety while keeping
5.12the family intact; and
5.13 (3) be adjusted as needed to address the child's and family's ongoing needs and support.
5.14The responsible social services agency is not required to establish a safety plan in a case
5.15with allegations of sexual abuse or egregious harm.
5.16 (c) Unless the court finds by clear and convincing evidence that the child's health or
5.17welfare would be immediately endangered if the child were to remain in the child's home,
5.18a court shall not order a foster care or permanent out-of-home placement of an African
5.19American child alleged to be in need of protection or services. At each hearing regarding
5.20an African American child who is alleged or adjudicated to be in need of child protective
5.21services, the court shall review whether the responsible social services agency has provided
5.22active efforts to the child and the child's family and shall require the responsible social
5.23services agency to provide evidence and documentation that demonstrates that the agency
5.24is providing culturally informed, strength-based, community-involved, and community-based
5.25services to the child and the child's family.
5.26 (d) When determining whether the responsible social services agency has made active
5.27efforts to preserve the child's family, the court shall make findings regarding whether the
5.28responsible social services agency made appropriate and meaningful services available to
5.29the child's family based upon the family's specific needs. If a court determines that the
5.30responsible social services agency did not make active efforts to preserve the family as
5.31required by this section, the court shall order the responsible social services agency to
5.32immediately provide active efforts to the child and child's family to preserve the family.
5Sec. 4.
23-00906 as introduced01/18/23 REVISOR BD/AD 6.1 Sec. 5. [260.65] NONCUSTODIAL PARENTS; TEMPORARY OUT-OF-HOME
6.2PLACEMENT.
6.3 (a) Prior to or within 48 hours of the removal of a African American child from the
6.4child's home, the responsible social services agency must make active efforts to identify
6.5and locate the child's noncustodial or nonadjudicated parent and the child's relatives to notify
6.6the child's parent and relatives that the child is, or will be, placed in foster care, and provide
6.7the child's parent and relatives with a list of legal resources. The notice to the child's
6.8noncustodial or nonadjudicated parent and relatives must also include the information
6.9required under section 260C.221, paragraph (b). The responsible social services agency
6.10must maintain detailed records of the agency's efforts to notify parents and relatives under
6.11this section.
6.12 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
6.13agency must assess an African American child's noncustodial or nonadjudicated parent's
6.14ability to care for the child before placing the child in foster care. If a child's noncustodial
6.15or nonadjudicated parent is willing and able to provide daily care for the African American
6.16child temporarily or permanently, the court shall order that the child be placed in the home
6.17of the noncustodial or nonadjudicated parent pursuant to section 260C.178 or 260C.201,
6.18subdivision 1. The responsible social services agency must make active efforts to assist a
6.19noncustodial or nonadjudicated parent with remedying any issues that may prevent the child
6.20from being placed with the noncustodial or nonadjudicated parent.
6.21 (c) If an African American child's noncustodial or nonadjudicated parent is unwilling
6.22or unable to provide daily care for the child and the court has determined that the child's
6.23continued placement in the home of the child's noncustodial or nonadjudicated parent would
6.24endanger the child's health, safety, or welfare, the child's parent, custodian, or the child,
6.25when appropriate, has the right to select one or more relatives who may be willing and able
6.26to temporary care for the child. The responsible social services agency must place the child
6.27with a selected relative after assessing the relative's willingness and ability to provide daily
6.28care for the child. If selected relatives are not available or there is a documented safety
6.29concern with the relative placement, the responsible social services agency shall consider
6.30additional relatives for the child's placement.
6.31 (d) The responsible social services agency must inform selected relatives and the child's
6.32parent or custodian of the difference between informal kinship care arrangements and
6.33court-ordered foster care. If a selected relative and the child's parent or custodian request
6.34an informal kinship care arrangement for a child's placement instead of court-ordered foster
6.35care and such an arrangement will maintain the child's safety and well-being, the responsible
6Sec. 5.
23-00906 as introduced01/18/23 REVISOR BD/AD 7.1social services agency shall comply with the request and inform the court of the plan for
7.2the child. The court shall honor the request to forego a court-ordered foster care placement
7.3of the child in favor of an informal kinship care arrangement, unless the court determines
7.4that the request is not in the best interests of the African American child.
7.5 (e) The responsible social services agency must make active efforts to support relatives
7.6with whom a child is placed in completing the child foster care licensure process and
7.7addressing barriers, disqualifications, or other issues affecting the relatives' licensure,
7.8including but not limited to assisting relatives with requesting reconsideration of a
7.9disqualification under section 245C.21.
7.10 (f) The decision by a relative not be considered as an African American child's foster
7.11care or temporary placement option shall not be a basis for the responsible social services
7.12agency or the court to rule out the relative for placement in the future or for denying the
7.13relative's request to be considered or selected as a foster care or permanent placement of
7.14the child.
7.15 Sec. 6. [260.66] EMERGENCY REMOVAL HEARING.
7.16 Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota Rules
7.17of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
7.18child who is subject to an emergency protective care hearing pursuant to section 260C.178
7.19and Minnesota Rules of Juvenile Protection Procedure, rule 30, must be represented by
7.20counsel. The court must appoint qualified counsel to represent a parent if the parent meets
7.21the eligibility requirements in section 611.17.
7.22 Sec. 7. [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
7.23CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
7.24PROCEEDINGS.
7.25 Subdivision 1.Preference for transfer of permanent legal and physical custody.If
7.26an African American child cannot be returned to the child's parent, the court shall, if possible,
7.27transfer permanent legal and physical custody of the child to:
7.28 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
7.29return to the care of the parent or custodian from whom the child was removed or who had
7.30legal custody at the time that the child was placed in foster care; or
7.31 (2) a willing and able relative, according to the requirements of section 260C.515,
7.32subdivision 4, if the responsible social services agency and the court determine that
7Sec. 7.
23-00906 as introduced01/18/23 REVISOR BD/AD 8.1reunification with the child's family and adoption are not appropriate permanency options
8.2for the child. Prior to the court ordering a transfer of permanent legal and physical custody
8.3to a relative who is not a parent, the responsible social services agency must inform the
8.4relative of Northstar kinship assistance benefits and eligibility requirements, and of the
8.5relative's ability to apply for benefits on behalf of the child under chapter 256N.
8.6 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
8.7the parental rights of a parent of an African American child based solely on the parent's
8.8failure to complete case plan requirements.
8.9 (b) A court shall not terminate the parental rights of a parent of an African American
8.10child in a child placement proceeding unless the allegations against the parent involve sexual
8.11abuse; egregious harm as defined in section 260C.007, subdivision 14; murder in the first,
8.12second, or third degree under section 609.185, 609.19, or 609.195; murder of an unborn
8.13child in the first, second, or third degree under section 609.2661, 609.2662, or 609.2663;
8.14manslaughter in the first or second degree under section 609.20 or 609.205; manslaughter
8.15of an unborn child in the first or second degree under section 609.2664 or 609.2665; assault
8.16in the first, second, or third degree under section 609.221, 609.222, or 609.223; domestic
8.17assault by strangulation under section 609.2247; felony domestic assault under section
8.18609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
8.19promotion of prostitution under section 609.322; criminal sexual conduct under sections
8.20609.342 to 609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution
8.21under section 609.324, subdivision 1; solicitation of children to engage in sexual conduct
8.22under section 609.352; possession of pornographic work involving minors under section
8.23617.247; malicious punishment or neglect or endangerment of a child under section 609.377
8.24or 609.378; use of a minor in sexual performance under section 617.246; or failing to protect
8.25a child from an overt act or condition that constitutes egregious harm.
8.26 (c) Nothing in this subdivision precludes the court from terminating the parental rights
8.27of a parent of an African American child who for good cause desires to voluntarily terminate
8.28parental rights of the parent's child under section 260C.301, subdivision 1, paragraph (a).
8.29 Subd. 3.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
8.30rule 47.02, subdivision 2, a parent of an African American child whose parental rights have
8.31been terminated may appeal the decision within 60 days of the service of notice by the court
8.32administrator of the filing of the court's order.
8Sec. 7.
23-00906 as introduced01/18/23 REVISOR BD/AD 9.1 Sec. 8. [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
9.2CASE REVIEW.
9.3 Subdivision 1.Responsible social services agency conduct.(a) A responsible social
9.4services agency employee who has duties related to child protection shall not knowingly:
9.5 (1) make untrue statements about any case involving a child alleged to be in need of
9.6protection or services;
9.7 (2) intentionally withhold any information that may be material to a case involving a
9.8child alleged to be in need of protection or services; or
9.9 (3) fabricate or falsify any documentation or evidence relating to a case involving a child
9.10alleged to be in need of protection or services.
9.11 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
9.12employment action.
9.13 Subd. 2.Commissioner notification.(a) When a responsible social services agency
9.14makes a maltreatment determination involving an African American child or places an
9.15African American child in a foster care placement, the agency shall, within seven days of
9.16making a maltreatment determination or initiating the child's foster care placement, notify
9.17the commissioner of the maltreatment determination or foster care placement and of the
9.18steps that the agency has taken to investigate and remedy the conditions that led to the
9.19maltreatment determination or foster care placement. Upon receiving this notice, the
9.20commissioner shall review the responsible social services agency's handling of the child's
9.21case to ensure that the case plan and services address the unique needs of the child and the
9.22child's family and that the agency is making active efforts to reunify and preserve the child's
9.23family. At all stages of a case involving an African American child, the responsible social
9.24services agency shall, upon request, fully cooperate with the commissioner and the African
9.25American Child Welfare Oversight Council and, as appropriate and as permitted under
9.26statute, provide access to all relevant case files.
9.27 (b) In any adoptive or preadoptive placement proceeding involving an African American
9.28child under the guardianship of the commissioner, the responsible social services agency
9.29shall notify the commissioner of the pending proceeding and of the right of intervention.
9.30The notice must include the identity of the child and the child's parents whose parental rights
9.31were terminated or who consented to the child's adoption. Upon receipt of the notice, the
9.32commissioner shall review the case to ensure that the requirements of this act have been
9.33met. When the responsible social services agency has identified a nonrelative as an African
9.34American child's adoptive placement, no preadoptive or adoptive placement proceeding
9Sec. 8.
23-00906 as introduced01/18/23 REVISOR BD/AD 10.1may be held until at least 30 days after the commissioner receives the required notice or
10.2until an adoption home study can be completed for a relative adoption, whichever occurs
10.3first. If the commissioner requests additional time to prepare for the proceeding, the district
10.4court must grant the commissioner up to 30 additional days to prepare for the proceeding.
10.5In cases in which a responsible social services agency or party to a preadoptive or adoptive
10.6placement knows or has reason to believe that a child is or may be African American, proof
10.7of service upon the commissioner must be filed with the adoption petition.
10.8 Subd. 3.Case review.(a) Each responsible social services agency shall conduct a review
10.9of all child protection cases handled by the agency every 24 months, after establishing a
10.102023 baseline. The responsible social services agency shall report the agency's findings to
10.11the county board, related child welfare committees, the Children's Justice Initiative team,
10.12the African American Child Welfare Oversight Council, the commissioner, and community
10.13stakeholders within six months of gathering the relevant case data. For situations in which
10.14the case review consists of fewer than five cases, the responsible social services agency
10.15must only report the case data to the African American Child Welfare Oversight Council.
10.16The case review must include:
10.17 (1) the number of African American children represented in the county child welfare
10.18system;
10.19 (2) the number and sources of maltreatment reports received and reports screened in for
10.20investigation or referred for family assessment and the race of the children and parents or
10.21custodians involved in each report;
10.22 (3) the number and race of children and parents or custodians who receive in-home
10.23preventive case management services;
10.24 (4) the number and race of children whose parents or custodians are referred to
10.25community-based, culturally appropriate, strength-based, or trauma-informed services;
10.26 (5) the number and race of children removed from their homes;
10.27 (6) the number and race of children reunified with their parents or custodians;
10.28 (7) the number and race of children whose parents or custodians are offered family group
10.29decision-making services;
10.30 (8) the number and race of children whose parents or custodians are offered the parent
10.31support outreach program;
10.32 (9) the number and race of children in foster care or out-of-home placement at the time
10.33that the data is gathered;
10Sec. 8.
23-00906 as introduced01/18/23 REVISOR BD/AD 11.1 (10) the number and race of children who achieve permanency a through transfer of
11.2permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
11.3and
11.4 (11) the number and race of children who are under the guardianship of the commissioner
11.5or awaiting a permanency disposition.
11.6 (b) The required case review must also:
11.7 (1) identify barriers to reunifying children with their families;
11.8 (2) identify the family conditions that led to the out-of-home placement;
11.9 (3) identify any barriers to accessing culturally informed mental health or substance use
11.10disorder treatment services for the parents or children;
11.11 (4) document efforts to identify fathers and paternal relatives and to provide services to
11.12custodial and noncustodial fathers, if appropriate; and
11.13 (5) document and summarize court reviews of active efforts.
11.14 (c) Any responsible social services agency that has a case review showing
11.15disproportionality and disparities in child welfare outcomes for African American children
11.16and families, compared to the agency's overall outcomes, must develop a remediation plan
11.17to be approved by the commissioner. The responsible social services agency must develop
11.18the plan within 30 days of finding the disproportionality or disparities and must make
11.19measurable improvements within 12 months of the date that the commissioner approves
11.20the remediation plan. A responsible social services agency may request assistance from the
11.21commissioner to develop a remediation plan. The remediation plan must include measurable
11.22outcomes to identify, address, and reduce the factors that led to the disproportionality and
11.23disparities in the agency's child welfare outcomes and include information about how the
11.24responsible social services agency will achieve and document trauma-informed, positive
11.25child well-being outcomes through remediation efforts.
11.26 Subd. 4.Noncompliance.Any responsible social services agency that fails to comply
11.27with this section is subject to corrective action and a fine determined by the commissioner.
11.28The commissioner shall use fines received under this subdivision to support compliance
11.29with this act, but shall not use amounts received to supplant funding for existing services.
11Sec. 8.
23-00906 as introduced01/18/23 REVISOR BD/AD 12.1 Sec. 9. [260.69] AFRICAN AMERICAN CHILD WELFARE OVERSIGHT
12.2COUNCIL.
12.3 Subdivision 1.Creation.(a) The commissioner shall establish an African American
12.4Child Welfare Oversight Council to formulate and recommend policies and procedures
12.5relating to child welfare services for African American children to ensure that responsible
12.6social services agencies provide African American families with culturally relevant family
12.7preservation services and opportunities to care for their children safely in their homes.
12.8 (b) The commissioner shall convene an initial selection committee to appoint council
12.9members. The selection committee shall consist of representatives from the Council on
12.10Minnesotans of African Heritage, the ombudsperson for African American Families, and
12.11the larger African American community.
12.12 (c) The terms, compensation, and removal of council members are as provided in section
12.1315.059. The advisory council does not expire. The commissioner shall provide administrative
12.14support to the council.
12.15 Subd. 2.Membership and composition.(a) The council shall consist of 15 members
12.16and must include:
12.17 (1) five members from African American families and communities that have been
12.18impacted by the child welfare system, including community leaders and community members;
12.19 (2) one responsible social services agency representative from each of the six counties
12.20with the highest populations of disproportionately represented African American children
12.21in the state; and
12.22 (3) four parents or custodians of African American children, two who reside in the
12.23seven-county metropolitan area and two who reside outside of the seven-county metropolitan
12.24area.
12.25 (b) The council shall have two cochairs, chosen by the council.
12.26 Subd. 3.Meeting.The commissioner shall convene the first meeting of the council no
12.27later than December 15, 2023. The council shall meet at least six times per year, but may
12.28meet more frequently at the call of the chair, a majority of the council members, or the
12.29commissioner. Subgroups of the council may meet more frequently as necessary.
12.30 Subd. 4.Duties.The African American Child Welfare Oversight Council shall:
12.31 (1) review annual reports related to African American children in out-of-home placement;
12Sec. 9.
23-00906 as introduced01/18/23 REVISOR BD/AD 13.1 (2) assist in and make recommendations to the commissioner for developing strategies
13.2to prevent out-of-home placement, promote culturally appropriate foster care and shelter
13.3or facility placement decisions and settings for African American children, and improve
13.4child welfare outcomes for African American children and families;
13.5 (3) review summary reports on case reviews prepared by the commissioner to ensure
13.6that responsible social services agencies meet the needs of African American families. The
13.7council may review individual case information with identifying information redacted to
13.8provide context and oversight, to address disparities in the treatment of African American
13.9children and families as compared to other children and families involved in the child welfare
13.10system;
13.11 (4) assist the Cultural and Ethnic Communities Leadership Council with making
13.12recommendations to the commissioner and the legislature for public policy and statutory
13.13changes that specifically consider the needs of African American children and families
13.14involved in the child welfare system;
13.15 (5) advise the commissioner and responsible social services agencies on stakeholder
13.16engagement and actions that the commissioner and agencies may take to improve child
13.17welfare outcomes for African American children and families;
13.18 (6) assist the commissioner with developing strategies for public messaging and
13.19communication related to racial disparities in child welfare outcomes for African American
13.20children and families;
13.21 (7) assist the commissioner with identifying and developing internal and external
13.22partnerships to support adequate access to services and resources for African American
13.23children and families, including but not limited to housing assistance, employment assistance,
13.24food and nutrition support, health care, child care assistance, and educational support and
13.25training; and
13.26 (8) identify barriers to the development of a racially and ethnically diverse child welfare
13.27workforce in Minnesota that includes professionals who have been directly impacted by
13.28experiences within the child welfare system and explore strategies and partnerships to
13.29address education and training needs, and hiring and recruitment practices.
13.30 Subd. 5.Case review.(a) The council may initiate a secondary case review of an African
13.31American child's case upon the request of a child's parent or custodian, or the child, if the
13.32council determines that a secondary case review is appropriate, after reviewing the
13.33commissioner's summary report and conclusions from the initial case review. The purpose
13.34of a secondary case review under this subdivision is to provide recommendations to the
13Sec. 9.
23-00906 as introduced01/18/23 REVISOR BD/AD 14.1commissioner and the responsible social services agency to improve the child welfare system
14.2and provide better outcomes for the child and the child's family.
14.3 (b) Upon the request of the parent, custodian, or child, members of the African American
14.4Child Welfare Oversight Council shall have access to the following data, as permitted under
14.5applicable statutes, for a child's case review under this subdivision:
14.6 (1) law enforcement investigative data;
14.7 (2) autopsy records and coroner or medical examiner investigative data;
14.8 (3) hospital, public health, and other medical records of the child;
14.9 (4) hospital and other medical records of the child's parent that relate to prenatal care;
14.10 (5) records of any responsible social services agency that provided services to the child
14.11or family; and
14.12 (6) a responsible social services agency's personnel data regarding any agency employees
14.13who provided services to the child or child's family members.
14.14A state agency, statewide system, or political subdivision shall provide the data in paragraph
14.15(b) to the African American Oversight Council and the council's members upon request of
14.16the commissioner. Not public data may be shared with members of the council in connection
14.17with an individual case.
14.18 (c) Not public data acquired by the African American Child Welfare Oversight Council
14.19in the exercise of its duties retains its original classification. The commissioner may not
14.20disclose data on individuals that were classified as confidential or private data on individuals
14.21in possession of the state agency, statewide system, or political subdivision from which the
14.22data were received, except that the commissioner may disclose responsible social services
14.23agency data as provided in section 260E.35, subdivision 7, on individual cases involving a
14.24fatality or near fatality of a person served by the responsible social services agency prior to
14.25the date of the death or incident.
14.26 (d) The proceedings and records of the council that pertain to the case review of an
14.27individual child are private data or confidential data, to the extent that they contain data on
14.28an active investigation. Information, documents, and records otherwise available from other
14.29sources are not immune from discovery or use in a civil or criminal action solely because
14.30the information, documents, and records were presented during proceedings of the council.
14.31A person who presented information before the council or who is a member of the council
14.32is not prevented from testifying about matters within the person's knowledge.
14Sec. 9.
23-00906 as introduced01/18/23 REVISOR BD/AD 15.1 Subd. 6.Annual report.By January 1 of each year, beginning January 1, 2025, the
15.2council shall report to the chairs and ranking minority members of the legislative committees
15.3with jurisdiction over child protection on the council's activities under subdivision 4 and
15.4other issues on which the council chooses to report. The report may include recommendations
15.5for statutory changes to improve the child protection system and child welfare outcomes
15.6for African American children and families.
15.7 Subd. 7.Open meeting law.Meetings of the council are subject to the Minnesota Open
15.8Meeting Law under chapter 13D. Notwithstanding chapter 13D, portions of any meeting
15.9that pertain to case review of an individual child's case are closed, and not subject to the
15.10Open Meeting Law.
15.11Sec. 10. [260.694] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
15.12 Subdivision 1.Establishment.The commissioner shall establish an African American
15.13Child Well-Being Unit within the Department of Human Services, to assist counties and
15.14monitor child welfare processes and outcomes to address and mitigate child welfare
15.15disparities for African American children in Minnesota.
15.16 Subd. 2.Duties.The African American Child Well-Being Unit shall perform the
15.17following functions:
15.18 (1) assist with the development of African American cultural competency training and
15.19review child welfare curriculum in the Minnesota Child Welfare Training Academy to
15.20ensure that responsible social services agency staff and other child welfare professionals
15.21are appropriately prepared to engage with African American families and to support family
15.22preservation and reunification;
15.23 (2) provide technical assistance, including on-site technical assistance, and case
15.24consultation to responsible social services agencies to assist agencies with implementing
15.25and complying with this act;
15.26 (3) monitor the number and placement settings of African American children in
15.27out-of-home placement statewide, to identify trends and develop strategies to address
15.28disproportionality in the child welfare system at the state and county levels;
15.29 (4) develop and implement a system for conducting case reviews when the commissioner
15.30receives reports of noncompliance with this act or when requested by the parent or custodian
15.31of an African American child. Case reviews may include but are not limited to a review of
15.32placement prevention efforts, safety planning, case planning and service provision by the
15Sec. 10.
23-00906 as introduced01/18/23 REVISOR BD/AD 16.1responsible social services agency, relative placement consideration, and permanency
16.2planning;
16.3 (5) establish and administer a request for proposals process for African American family
16.4preservation grants under section 260.695, monitor grant activities, and provide technical
16.5assistance to grantees;
16.6 (6) coordinate services and create internal and external partnerships to support adequate
16.7access to services and resources for African American children and families, including but
16.8not limited to housing assistance, employment assistance, food and nutrition support, health
16.9care, child care assistance, and educational support and training, in consultation with the
16.10African American Child Welfare Oversight Council; and
16.11 (7) develop public messaging and communication to inform the general public in
16.12Minnesota about racial disparities in child welfare outcomes, current efforts and strategies
16.13to reduce racial disparities, and resources available to African American children and families
16.14involved in the child welfare system.
16.15 Subd. 3.Reports.The African American Child Well-Being Unit shall provide regular
16.16updates on unit activities, including summary reports of case reviews, to the African
16.17American Child Welfare Oversight Council, and shall publish an annual census of African
16.18American children in out-of-home placements statewide. The annual census shall include
16.19data on the types of placements, age and sex of the children, how long the children have
16.20been in out-of-home placements, and other relevant demographic information.
16.21 Subd. 4.Establishment and staffing.The commissioner may engage the African
16.22American Child Welfare Oversight Council for assistance in establishing the African
16.23American Child Well-Being Unit and appointing individuals within the unit.
16.24Sec. 11. [260.695] AFRICAN AMERICAN FAMILY PRESERVATION GRANTS.
16.25 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
16.26to organizations, service providers, and programs led by African Americans to provide
16.27services and support for African American children and families involved in Minnesota's
16.28child welfare system, including supporting existing eligible services and facilitating the
16.29development of new services and providers, to create a more expansive network of service
16.30providers available for African American children and families.
16.31 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
16.32are not limited to:
16.33 (1) child out-of-home placement prevention and reunification services;
16Sec. 11.
23-00906 as introduced01/18/23 REVISOR BD/AD 17.1 (2) family-based services and reunification therapy;
17.2 (3) culturally specific individual and family counseling;
17.3 (4) court advocacy;
17.4 (5) training and consultation to responsible social services agencies and private social
17.5services agencies regarding this act;
17.6 (6) services to support informal kinship care arrangements; and
17.7 (7) other activities and services approved by the commissioner that further the goals of
17.8the Minnesota African American Family Preservation Act, including but not limited to the
17.9recruitment of African American staff for responsible social services agencies and licensed
17.10child-placing agencies.
17.11 (b) The commissioner may specify the priority of an activity and service based on its
17.12success in furthering these goals. The commissioner shall give preference to programs and
17.13service providers that are located in or serve counties with the highest rates of child welfare
17.14disproportionality for African American children and families, and employ staff who
17.15represent the population primarily served.
17.16 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
17.17existing services or for the following purposes:
17.18 (1) child day care that is necessary solely because of the employment or training for
17.19employment of a parent or other relative with whom the child is living;
17.20 (2) foster care maintenance or difficulty of care payments;
17.21 (3) residential treatment facility payments;
17.22 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
17.23or 256N;
17.24 (5) public assistance payments for Minnesota family investment program assistance,
17.25supplemental aid, medical assistance, general assistance, general assistance medical care,
17.26or community health services; or
17.27 (6) administrative costs for income maintenance staff.
17.28 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
17.29under subdivisions 1, 2, and 3, and specify the information and criteria required.
17Sec. 11.
23-00906 as introduced01/18/23 REVISOR BD/AD 18.1 Sec. 12. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
18.2 Subd. 3.Petition.The county attorney or a parent whose parental rights were terminated
18.3under a previous order of the court may file a petition for the reestablishment of the legal
18.4parent and child relationship. A parent filing a petition under this section shall pay a filing
18.5fee in the amount required under section 357.021, subdivision 2, clause (1). The filing fee
18.6may be waived pursuant to chapter 563 in cases of indigency. A petition for the
18.7reestablishment of the legal parent and child relationship may be filed when:
18.8 (1) in cases where the county attorney is the petitioning party, both the responsible social
18.9services agency and the county attorney agree that reestablishment of the legal parent and
18.10child relationship is in the child's best interests. This clause must be satisfied only when the
18.11county attorney is the petitioning party;
18.12 (2) the parent has corrected the conditions that led to an order terminating parental rights;
18.13 (3) the parent is willing and has the capability to provide day-to-day care and maintain
18.14the health, safety, and welfare of the child;
18.15 (4) the child has been in foster care for at least 48 months after the court issued the order
18.16terminating parental rights;
18.17 (5) (4) the child has not been adopted; and
18.18 (6) (5) the child is not the subject of a written adoption placement agreement between
18.19the responsible social services agency and the prospective adoptive parent, as required under
18.20Minnesota Rules, part 9560.0060, subpart 2.
18.21Sec. 13. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
18.22 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
18.23legal parent and child relationship only if it finds by clear and convincing evidence that:
18.24 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
18.25 (2) the child has not been adopted;
18.26 (3) the child is not the subject of a written adoption placement agreement between the
18.27responsible social services agency and the prospective adoptive parent, as required under
18.28Minnesota Rules, part 9560.0060, subpart 2;
18.29 (4) at least 48 months have elapsed following a final order terminating parental rights
18.30and the child remains in foster care;
18.31 (5) (4) the child desires to reside with the parent;
18Sec. 13.
23-00906 as introduced01/18/23 REVISOR BD/AD 19.1 (6) (5) the parent has corrected the conditions that led to an order terminating parental
19.2rights; and
19.3 (7) (6) the parent is willing and has the capability to provide day-to-day care and maintain
19.4the health, safety, and welfare of the child.
19.5 Sec. 14. AFRICAN AMERICAN CULTURAL COMPETENCY TRAINING FOR
19.6INDIVIDUALS WORKING WITH AFRICAN AMERICAN FAMILIES AND
19.7CHILDREN IN THE CHILD WELFARE SYSTEM.
19.8 Subdivision 1.Applicability.The commissioner of human services shall work with the
19.9Children's Justice Initiative to ensure that African American cultural competency training
19.10is given to individuals working in the child welfare system, including child welfare workers,
19.11supervisors, attorneys, juvenile court judges, and family law judges.
19.12 Subd. 2.Training.(a) The commissioner shall consult with the African American Child
19.13Welfare Oversight Council to develop training content and establish the frequency of
19.14trainings.
19.15 (b) The training is required prior to or within six months of beginning work with any
19.16African American child and family. A responsible social services agency staff person who
19.17is unable to complete the training prior to working with African American children and
19.18families must work with a qualified staff person within the agency who has completed
19.19African American cultural competency training until the person is able to complete the
19.20required training. The training must be available by January 1, 2025, and must:
19.21 (1) be provided by an African American individual who is knowledgeable about African
19.22American social and cultural norms and historical trauma;
19.23 (2) raise awareness and increase a person's competency to value diversity, conduct a
19.24self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
19.25to diversity and the cultural contexts of communities served;
19.26 (3) include instruction on effectively developing a safety plan and instruction on engaging
19.27a safety network; and
19.28 (4) be accessible and comprehensive and include the ability to ask questions.
19.29 (c) The training may be provided in a series of segments, either in person or online.
19.30 Subd. 3.Update.The commissioner, in coordination with the African American Child
19.31Welfare Oversight Council, shall provide an update to the legislative committees with
19Sec. 14.
23-00906 as introduced01/18/23 REVISOR BD/AD 20.1jurisdiction over child protection issues by January 1, 2025, on the rollout of the training
20.2under subdivision 1 and the content and accessibility of the training under subdivision 2.
20.3 Sec. 15. DISAGGREGATE DATA.
20.4 The commissioner of human services shall work with the African American Child
20.5Welfare Oversight Council to establish a method to disaggregate data related to African
20.6American child welfare disproportionality, and begin disaggregating data by January 1,
20.72025.
20.8 Sec. 16. ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN
20.9CHILDREN IN OUT-OF-HOME PLACEMENT.
20.10 A responsible social services agency must engage in best practices related to visitation
20.11when an African American child is in out-of-home placement. When the child is in
20.12out-of-home placement, the responsible social services agency shall make active efforts to
20.13facilitate regular and frequent visitation between the child and the child's parents or
20.14custodians, the child's siblings, and the child's relatives. If visitation is infrequent between
20.15the child and the child's parents, custodians, siblings, or relatives, the responsible social
20.16services agency shall make active efforts to increase the frequency of visitation and address
20.17any barriers to visitation.
20.18Sec. 17. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
20.19IN FOSTER CARE BEST PRACTICES.
20.20 The commissioner of human services shall develop and publish guidance on best practices
20.21for ensuring that African American children in foster care maintain connections and
20.22relationships with their parents, custodians, and extended relative and kin network. The
20.23commissioner shall also develop and publish best practice guidance on engaging and
20.24assessing noncustodial and nonadjudicated parents to care for their African American
20.25children who cannot remain with the children's custodial parents.
20.26Sec. 18. APPROPRIATION.
20.27 $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
20.28human services for the administration of the Minnesota African American Family
20.29Preservation Act under Minnesota Statutes, sections 260.61 to 260.695. This is an ongoing
20.30appropriation and shall be added to the base.
20Sec. 18.
23-00906 as introduced01/18/23 REVISOR BD/AD