1.1 A bill for an act
1.2 relating to human services; establishing the Minnesota African American Family
1.3 Preservation and Child Welfare Disproportionality Act; establishing the African
1.4 American Child Welfare Council; modifying child welfare provisions; requiring
1.5 reports; appropriating money; amending Minnesota Statutes 2022, section
1.6 260C.329, subdivisions 3, 8; proposing coding for new law in Minnesota Statutes,
1.7 chapter 260.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [260.61] CITATION.
1.10 Sections 260.61 to 260.695 may be cited as the "Minnesota African American Family
1.11Preservation and Child Welfare Disproportionality Act."
1.12 Sec. 2. [260.62] PURPOSES.
1.13 (a) The purposes of the Minnesota African American Family Preservation and Child
1.14Welfare Disproportionality Act are to:
1.15 (1) protect the best interests of African American and disproportionately represented
1.16children;
1.17 (2) promote the stability and security of African American and disproportionately
1.18represented children and families by establishing minimum standards to prevent arbitrary
1.19and unnecessary removal of African American and disproportionately represented children
1.20from their families; and
1.21 (3) improve permanency outcomes, including family reunification, for African American
1.22and disproportionately represented children.
1Sec. 2.
S0716-1 1st EngrossmentSF716 REVISOR BD
SENATE
STATE OF MINNESOTA
S.F. No. 716NINETY-THIRD SESSION
(SENATE AUTHORS: CHAMPION, Kunesh, Murphy, Maye Quade and Abeler)
OFFICIAL STATUSD-PGDATE
Introduction and first reading37601/25/2023
Referred to Health and Human Services
Author added Kunesh57502/01/2023
Author added Murphy1155902/12/2024
Author added Maye Quade1165902/19/2024
Author added Abeler1206403/07/2024
Comm report: To pass as amended and re-refer to Judiciary and Public Safety03/18/2024 2.1 (b) Nothing in this legislation is intended to interfere with the protections of the Indian
2.2Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.
2.3 Sec. 3. [260.63] DEFINITIONS.
2.4 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.695.
2.5 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
2.6that the responsible social services agency must continuously make throughout the time
2.7that the responsible social services agency is involved with an African American or
2.8disproportionately represented child and the child's family. To provide active efforts to
2.9preserve an African American or disproportionately represented child's family, the responsible
2.10social services agency must continuously involve an African American or disproportionately
2.11represented child's family and the African American Child Welfare Oversight Council in
2.12all services for the family, including case planning and choosing services and providers,
2.13and inform the family of the ability to request a case review by the commissioner under
2.14section 260.694. When providing active efforts, a responsible social services agency must
2.15consider an African American or disproportionately represented family's social and cultural
2.16values at all times while providing services to an African American or disproportionately
2.17represented child and family. Active efforts includes continuous efforts to preserve an
2.18African American or disproportionately represented child's family and to prevent the
2.19out-of-home placement of an African American or disproportionately represented child. If
2.20an African American or disproportionately represented child enters out-of-home placement,
2.21the responsible social services agency must make active efforts to reunify the African
2.22American or disproportionately represented child with the child's family as soon as possible.
2.23Active efforts sets a higher standard for the responsible social services agency than reasonable
2.24efforts to preserve the child's family, prevent the child's out-of-home placement, and reunify
2.25the child with the child's family. Active efforts includes the provision of reasonable efforts
2.26as required by Title IV-E of the Social Security Act, United States Code, title 42, sections
2.27670 to 679c.
2.28 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
2.29of an African American or disproportionately represented child made by the responsible
2.30social services agency upon a fully executed adoption placement agreement, including the
2.31signatures of the adopting parent, the responsible social services agency, and the
2.32commissioner of human services according to section 260C.613, subdivision 1.
2Sec. 3.
S0716-1 1st EngrossmentSF716 REVISOR BD 3.1 Subd. 4.African American child."African American child" means a child having
3.2origins in Africa, including a child of two or more races who has at least one parent with
3.3origins in Africa.
3.4 Subd. 5.Best interests of the African American or disproportionately represented
3.5child.The "best interests of the African American or disproportionately represented child"
3.6means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
3.7the African American or disproportionately represented child's community and cultural
3.8norms and allows the child to remain safely at home with the child's family. The best interests
3.9of the African American or disproportionately represented child support the child's sense
3.10of belonging to the child's family, extended family, kin, and cultural community.
3.11 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
3.12judicial proceeding that could result in:
3.13 (1) an adoptive placement;
3.14 (2) a foster care placement;
3.15 (3) a preadoptive placement; or
3.16 (4) a termination of parental rights.
3.17 (b) Judicial proceedings under this subdivision include a child's placement based upon
3.18a child's juvenile status offense, but do not include a child's placement based upon:
3.19 (1) an act which if committed by an adult would be deemed a crime; or
3.20 (2) an award of child custody in a divorce proceeding to one of the child's parents.
3.21 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
3.22or the commissioner's designee.
3.23 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
3.24provide care and support for an African American or disproportionately represented child,
3.25or who is in fact providing daily care and support for an African American or
3.26disproportionately represented child. This subdivision does not impose a legal obligation
3.27upon a person who is not otherwise legally obligated to provide a child with necessary food,
3.28clothing, shelter, education, or medical care.
3.29 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
3.30African American children and other disproportionately represented children in the state's
3.31child welfare system population as compared to the representation of those children in the
3.32state's total child population.
3Sec. 3.
S0716-1 1st EngrossmentSF716 REVISOR BD 4.1 Subd. 10.Disproportionately represented child."Disproportionately represented child"
4.2means a child whose race, culture, ethnicity, or low-income socioeconomic status is
4.3disproportionately encountered, engaged, or identified in the child welfare system as
4.4compared to the representation in the state's total child population.
4.5 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
4.6subdivision 5.
4.7 Subd. 12.Foster care placement."Foster care placement" means the court-ordered
4.8removal of an African American or disproportionately represented child from the child's
4.9home with the child's parent or legal custodian and the temporary placement of the child in
4.10a foster home, in shelter care or a facility, or in the home of a guardian, when the parent or
4.11legal custodian cannot have the child returned upon demand, but the parent's parental rights
4.12have not been terminated. A foster care placement includes an order placing the child under
4.13the guardianship of the commissioner, pursuant to section 260C.325, prior to an adoption
4.14being finalized.
4.15 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm"
4.16means that a child is threatened with immediate and present conditions that are
4.17life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
4.18 Subd. 14.Responsible social services agency."Responsible social services agency"
4.19has the meaning given in section 260C.007, subdivision 27a.
4.20 Subd. 15.Parent."Parent" means the biological parent of an African American or
4.21disproportionately represented child or any person who has legally adopted an African
4.22American or disproportionately represented child who, prior to the adoption, was considered
4.23a relative to the child, as defined in subdivision 16. Parent includes an unmarried father
4.24whose paternity has been acknowledged or established and a putative father. Paternity has
4.25been acknowledged when an unmarried father takes any action to hold himself out as the
4.26biological father of a child.
4.27 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
4.28services agency's placement of an African American or disproportionately represented child
4.29with the child's family or kin when the child is under the guardianship of the commissioner,
4.30for the purpose of adoption, but an adoptive placement agreement for the child has not been
4.31fully executed.
4.32 Subd. 17.Relative."Relative" means:
4.33 (1) an individual related to the child by blood, marriage, or adoption;
4Sec. 3.
S0716-1 1st EngrossmentSF716 REVISOR BD 5.1 (2) a legal parent, guardian, or custodian of the child's sibling;
5.2 (3) an individual who is an important friend of the child or child's family with whom
5.3the child has resided or has had significant contact; or
5.4 (4) an individual who the child or the child's family identify as related to the child's
5.5family.
5.6 Subd. 18.Safety network."Safety network" means a group of individuals identified by
5.7the parent and child, when appropriate, that is accountable for developing, implementing,
5.8sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
5.9child.
5.10 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
5.11subdivision 20.
5.12 Subd. 20.Termination of parental rights."Termination of parental rights" means an
5.13action resulting in the termination of the parent-child relationship under section 260C.301.
5.14 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
5.15PROMOTE FAMILY REUNIFICATION.
5.16 (a) A responsible social services agency shall make active efforts to prevent the
5.17out-of-home placement of an African American or disproportionately represented child,
5.18eliminate the need for a child's removal from the child's home, and reunify an African
5.19American or disproportionately represented child with the child's family as soon as
5.20practicable.
5.21 (b) Prior to petitioning the court to remove an African American or disproportionately
5.22represented child from the child's home, a responsible social services agency must work
5.23with the child's family to allow the child to remain in the child's home while implementing
5.24a safety plan based on the family's needs. The responsible social services agency must:
5.25 (1) make active efforts to engage the child's parent or custodian and the child, when
5.26appropriate;
5.27 (2) assess the family's cultural and economic needs;
5.28 (3) hold a family group consultation meeting and connect the family with supports, to
5.29establish a safety network for the family; and
5.30 (4) provide support, guidance, and input to assist the family and the family's safety
5.31network with developing the safety plan.
5Sec. 4.
S0716-1 1st EngrossmentSF716 REVISOR BD 6.1 (c) The safety plan must:
6.2 (1) address the specific allegations impacting the child's safety in the home. If neglect
6.3is alleged, the safety plan must incorporate economic services and supports to address the
6.4family's specific needs and prevent neglect;
6.5 (2) incorporate family and community support to ensure the child's safety while keeping
6.6the family intact; and
6.7 (3) be adjusted as needed to address the child's and family's ongoing needs and support.
6.8The responsible social services agency is not required to establish a safety plan in a case
6.9with allegations of sexual abuse or egregious harm.
6.10 (d) Unless the court finds by clear and convincing evidence that the child would be at
6.11risk of serious emotional damage or serious physical damage if the child were to remain in
6.12the child's home, a court shall not order a foster care or permanent out-of-home placement
6.13of an African American or disproportionately represented child alleged to be in need of
6.14protection or services. At each hearing regarding an African American or disproportionately
6.15represented child who is alleged or adjudicated to be in need of child protective services,
6.16the court shall review whether the responsible social services agency has provided active
6.17efforts to the child and the child's family and shall require the responsible social services
6.18agency to provide evidence and documentation that demonstrates that the agency is providing
6.19culturally informed, strength-based, community-involved, and community-based services
6.20to the child and the child's family.
6.21 (e) When determining whether the responsible social services agency has made active
6.22efforts to preserve the child's family, the court shall make findings regarding whether the
6.23responsible social services agency made appropriate and meaningful services available to
6.24the child's family based upon the family's specific needs. If a court determines that the
6.25responsible social services agency did not make active efforts to preserve the family as
6.26required by this section, the court shall order the responsible social services agency to
6.27immediately provide active efforts to the child and child's family to preserve the family.
6.28 Sec. 5. [260.65] NONCUSTODIAL PARENTS; TEMPORARY OUT-OF-HOME
6.29PLACEMENT.
6.30 (a) Prior to or within 48 hours of the removal of an African American or
6.31disproportionately represented child from the child's home, the responsible social services
6.32agency must make active efforts to identify and locate the child's noncustodial or
6.33nonadjudicated parent and the child's relatives to notify the child's parent and relatives that
6Sec. 5.
S0716-1 1st EngrossmentSF716 REVISOR BD 7.1the child is, or will be, placed in foster care, and provide the child's parent and relatives
7.2with a list of legal resources. The notice to the child's noncustodial or nonadjudicated parent
7.3and relatives must also include the information required under section 260C.221, subdivision
7.42. The responsible social services agency must maintain detailed records of the agency's
7.5efforts to notify parents and relatives under this section.
7.6 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
7.7agency must assess an African American or disproportionately represented child's
7.8noncustodial or nonadjudicated parent's ability to care for the child before placing the child
7.9in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
7.10daily care for the African American or disproportionately represented child temporarily or
7.11permanently, the court shall order that the child be placed in the home of the noncustodial
7.12or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
7.13responsible social services agency must make active efforts to assist a noncustodial or
7.14nonadjudicated parent with remedying any issues that may prevent the child from being
7.15placed with the noncustodial or nonadjudicated parent.
7.16 (c) If an African American or disproportionately represented child's noncustodial or
7.17nonadjudicated parent is unwilling or unable to provide daily care for the child and the court
7.18has determined that the child's continued placement in the home of the child's noncustodial
7.19or nonadjudicated parent would endanger the child's health, safety, or welfare, the child's
7.20parent, custodian, or the child, when appropriate, has the right to select one or more relatives
7.21who may be willing and able to temporary care for the child. The responsible social services
7.22agency must place the child with a selected relative after assessing the relative's willingness
7.23and ability to provide daily care for the child. If selected relatives are not available or there
7.24is a documented safety concern with the relative placement, the responsible social services
7.25agency shall consider additional relatives for the child's placement.
7.26 (d) The responsible social services agency must inform selected relatives and the child's
7.27parent or custodian of the difference between informal kinship care arrangements and
7.28court-ordered foster care. If a selected relative and the child's parent or custodian request
7.29an informal kinship care arrangement for a child's placement instead of court-ordered foster
7.30care and such an arrangement will maintain the child's safety and well-being, the responsible
7.31social services agency shall comply with the request and inform the court of the plan for
7.32the child. The court shall honor the request to forego a court-ordered foster care placement
7.33of the child in favor of an informal kinship care arrangement, unless the court determines
7.34that the request is not in the best interests of the African American or disproportionately
7.35represented child.
7Sec. 5.
S0716-1 1st EngrossmentSF716 REVISOR BD 8.1 (e) The responsible social services agency must make active efforts to support relatives
8.2with whom a child is placed in completing the child foster care licensure process and
8.3addressing barriers, disqualifications, or other issues affecting the relatives' licensure,
8.4including but not limited to assisting relatives with requesting reconsideration of a
8.5disqualification under section 245C.21.
8.6 (f) The decision by a relative not be considered as an African American or
8.7disproportionately represented child's foster care or temporary placement option shall not
8.8be a basis for the responsible social services agency or the court to rule out the relative for
8.9placement in the future or for denying the relative's request to be considered or selected as
8.10a foster care or permanent placement of the child.
8.11 Sec. 6. [260.66] EMERGENCY REMOVAL.
8.12 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
8.13shall be construed to prevent the emergency removal of an African American or
8.14disproportionately represented child's parent or custodian, or the emergency placement of
8.15the child in a foster setting, in order to prevent imminent physical damage or harm to the
8.16child.
8.17 Subd. 2.Petition for emergency removal; placement requirements.A petition for a
8.18court order authorizing the emergency removal or continued emergency placement of an
8.19African American or disproportionately represented child or the petition's accompanying
8.20documents, must contain a statement of the risk of imminent physical damage or harm to
8.21the African American or disproportionately represented child and any evidence that the
8.22emergency removal or placement continues to be necessary to prevent imminent physical
8.23damage or harm to the child. The petition or its accompanying documents must also contain
8.24the following information:
8.25 (1) the name, age, and last known address of the child;
8.26 (2) the name and address of the child's parents and custodians, or, if unknown, a detailed
8.27explanation of efforts made to locate and contact them;
8.28 (3) the steps taken to provide notice to the child's parents and custodians about the
8.29emergency proceeding;
8.30 (4) a specific and detailed account of the circumstances that led the agency responsible
8.31for the emergency removal of the child to take that action; and
8.32 (5) a statement of the efforts that have been taken to assist the child's parents or custodians
8.33so that the child may safely be returned to their custody.
8Sec. 6.
S0716-1 1st EngrossmentSF716 REVISOR BD 9.1 Subd. 3.Emergency proceeding requirements.(a) The court shall hold a hearing no
9.2later than 72 hours, excluding weekends and holidays, after the emergency removal of the
9.3African American or disproportionately represented child. The court shall determine whether
9.4the emergency removal continues to be necessary to prevent imminent physical damage or
9.5harm to the child.
9.6 (b) The court shall hold additional hearings whenever new information indicates that
9.7the emergency situation has ended and at any court hearing during the emergency proceeding
9.8to determine whether the emergency removal or placement is no longer necessary to prevent
9.9imminent physical damage or harm to the child.
9.10 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
9.11Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
9.12or disproportionately represented child who is subject to an emergency hearing under this
9.13section and Minnesota Rules of Juvenile Protection Procedure, rule 30, must be represented
9.14by counsel. The court must appoint qualified counsel to represent a parent if the parent
9.15meets the eligibility requirements in section 611.17.
9.16 Subd. 4.Termination of emergency removal or placement.(a) An emergency removal
9.17or placement of an African American or disproportionately represented child must
9.18immediately terminate once the responsible social services agency or court possesses
9.19sufficient evidence to determine that the emergency removal or placement is no longer
9.20necessary to prevent imminent physical damage or harm to the child, and the child shall be
9.21immediately returned to the custody of the child's parent or custodian. The responsible social
9.22services agency or court shall ensure that the emergency removal or placement terminates
9.23immediately when removal or placement is no longer necessary to prevent imminent physical
9.24damage or harm to the African American or disproportionately represented child.
9.25 (b) An emergency removal or placement ends when the court orders, after service upon
9.26the African American or disproportionately represented child's parents or custodian, that
9.27the child shall be placed in foster care upon a determination supported by clear and
9.28convincing evidence that custody of the child by the child's parent or custodian is likely to
9.29result in serious emotional or physical damage to the child.
9.30 (c) In no instance shall emergency removal or emergency placement of an African
9.31American or disproportionately represented child extend beyond 30 days unless the court
9.32finds by a showing of clear and convincing evidence that:
9.33 (1) continued emergency removal or placement is necessary to prevent imminent physical
9.34damage or harm to the child; and
9Sec. 6.
S0716-1 1st EngrossmentSF716 REVISOR BD 10.1 (2) it has not been possible to initiate a child placement proceeding with all of the
10.2protections under sections 260.61 to 260.68.
10.3 Sec. 7. [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
10.4CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
10.5PROCEEDINGS.
10.6 Subdivision 1.Preference for transfer of permanent legal and physical custody.If
10.7an African American or disproportionately represented child cannot be returned to the child's
10.8parent, the court shall, if possible, transfer permanent legal and physical custody of the child
10.9to:
10.10 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
10.11return to the care of the parent or custodian from whom the child was removed or who had
10.12legal custody at the time that the child was placed in foster care; or
10.13 (2) a willing and able relative, according to the requirements of section 260C.515,
10.14subdivision 4, if the court determines that reunification with the child's family is not an
10.15appropriate permanency option for the child. Prior to the court ordering a transfer of
10.16permanent legal and physical custody to a relative who is not a parent, the responsible social
10.17services agency must inform the relative of Northstar kinship assistance benefits and
10.18eligibility requirements, and of the relative's ability to apply for benefits on behalf of the
10.19child under chapter 256N.
10.20 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
10.21the parental rights of a parent of an African American or disproportionately represented
10.22child based solely on the parent's failure to complete case plan requirements.
10.23 (b) A court shall not terminate the parental rights of a parent of an African American or
10.24disproportionately represented child in a child placement proceeding unless the allegations
10.25against the parent involve sexual abuse; egregious harm as defined in section 260C.007,
10.26subdivision 14; murder in the first, second, or third degree under section 609.185, 609.19,
10.27or 609.195; murder of an unborn child in the first, second, or third degree under section
10.28609.2661, 609.2662, or 609.2663; manslaughter of an unborn child in the first or second
10.29degree under section 609.2664 or 609.2665; domestic assault by strangulation under section
10.30609.2247; felony domestic assault under section 609.2242 or 609.2243; kidnapping under
10.31section 609.25; solicitation, inducement, and promotion of prostitution under section 609.322,
10.32subdivision 1, and subdivision 1a if one or more aggravating factors are present; criminal
10.33sexual conduct under sections 609.342 to 609.3451; engaging in, hiring, or agreeing to hire
10.34a minor to engage in prostitution under section 609.324, subdivision 1; solicitation of children
10Sec. 7.
S0716-1 1st EngrossmentSF716 REVISOR BD 11.1to engage in sexual conduct under section 609.352; possession of pornographic work
11.2involving minors under section 617.247; malicious punishment or neglect or endangerment
11.3of a child under section 609.377 or 609.378; use of a minor in sexual performance under
11.4section 617.246; or failing to protect a child from an overt act or condition that constitutes
11.5egregious harm.
11.6 (c) Nothing in this subdivision precludes the court from terminating the parental rights
11.7of a parent of an African American or disproportionately represented child who for good
11.8cause desires to voluntarily terminate parental rights of the parent's child under section
11.9260C.301, subdivision 1, paragraph (a).
11.10 Subd. 3.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
11.11rule 47.02, subdivision 2, a parent of an African American or disproportionately represented
11.12child whose parental rights have been terminated may appeal the decision within 90 days
11.13of the service of notice by the court administrator of the filing of the court's order.
11.14Sec. 8. [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
11.15CASE REVIEW.
11.16 Subdivision 1.Responsible social services agency conduct.(a) A responsible social
11.17services agency employee who has duties related to child protection shall not knowingly:
11.18 (1) make untrue statements about any case involving a child alleged to be in need of
11.19protection or services;
11.20 (2) intentionally withhold any information that may be material to a case involving a
11.21child alleged to be in need of protection or services; or
11.22 (3) fabricate or falsify any documentation or evidence relating to a case involving a child
11.23alleged to be in need of protection or services.
11.24 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
11.25employment action.
11.26 Subd. 2.Commissioner notification.(a) When a responsible social services agency
11.27makes a maltreatment determination involving an African American or disproportionately
11.28represented child or places an African American or disproportionately represented child in
11.29a foster care placement, the agency shall, within seven days of making a maltreatment
11.30determination or initiating the child's foster care placement, notify the commissioner of the
11.31maltreatment determination or foster care placement and of the steps that the agency has
11.32taken to investigate and remedy the conditions that led to the maltreatment determination
11.33or foster care placement. Upon receiving this notice, the commissioner shall review the
11Sec. 8.
S0716-1 1st EngrossmentSF716 REVISOR BD 12.1responsible social services agency's handling of the child's case to ensure that the case plan
12.2and services address the unique needs of the child and the child's family and that the agency
12.3is making active efforts to reunify and preserve the child's family. At all stages of a case
12.4involving an African American or disproportionately represented child, the responsible
12.5social services agency shall, upon request, fully cooperate with the commissioner and the
12.6African American Child Welfare Oversight Council and, as appropriate and as permitted
12.7under statute, provide access to all relevant case files.
12.8 (b) In any adoptive or preadoptive placement proceeding involving an African American
12.9or disproportionately represented child under the guardianship of the commissioner, the
12.10responsible social services agency shall notify the commissioner of the pending proceeding
12.11and of the right of intervention. The notice must include the identity of the child and the
12.12child's parents whose parental rights were terminated or who consented to the child's
12.13adoption. Upon receipt of the notice, the commissioner shall review the case to ensure that
12.14the requirements of this act have been met. When the responsible social services agency
12.15has identified a nonrelative as an African American or disproportionately represented child's
12.16adoptive placement, no preadoptive or adoptive placement proceeding may be held until at
12.17least 30 days after the commissioner receives the required notice or until an adoption home
12.18study can be completed for a relative adoption, whichever occurs first. If the commissioner
12.19requests additional time to prepare for the proceeding, the district court must grant the
12.20commissioner up to 30 additional days to prepare for the proceeding. In cases in which a
12.21responsible social services agency or party to a preadoptive or adoptive placement knows
12.22or has reason to believe that a child is or may be African American or a disproportionately
12.23represented child, proof of service upon the commissioner must be filed with the adoption
12.24petition.
12.25 Subd. 3.Case review.(a) Each responsible social services agency shall conduct a review
12.26of all child protection cases handled by the agency every 24 months, after establishing a
12.272024 baseline. The responsible social services agency shall report the agency's findings to
12.28the county board, related child welfare committees, the Children's Justice Initiative team,
12.29the African American Child Welfare Oversight Council, the commissioner, and community
12.30stakeholders within six months of gathering the relevant case data. For situations in which
12.31the case review consists of fewer than five cases, the responsible social services agency
12.32must only report the case data to the African American Child Welfare Oversight Council.
12.33The case review must include:
12.34 (1) the number of African American and disproportionately represented children
12.35represented in the county child welfare system;
12Sec. 8.
S0716-1 1st EngrossmentSF716 REVISOR BD 13.1 (2) the number and sources of maltreatment reports received and reports screened in for
13.2investigation or referred for family assessment and the race of the children and parents or
13.3custodians involved in each report;
13.4 (3) the number and race of children and parents or custodians who receive in-home
13.5preventive case management services;
13.6 (4) the number and race of children whose parents or custodians are referred to
13.7community-based, culturally appropriate, strength-based, or trauma-informed services;
13.8 (5) the number and race of children removed from their homes;
13.9 (6) the number and race of children reunified with their parents or custodians;
13.10 (7) the number and race of children whose parents or custodians are offered family group
13.11decision-making services;
13.12 (8) the number and race of children whose parents or custodians are offered the parent
13.13support outreach program;
13.14 (9) the number and race of children in foster care or out-of-home placement at the time
13.15that the data is gathered;
13.16 (10) the number and race of children who achieve permanency a through transfer of
13.17permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
13.18and
13.19 (11) the number and race of children who are under the guardianship of the commissioner
13.20or awaiting a permanency disposition.
13.21 (b) The required case review must also:
13.22 (1) identify barriers to reunifying children with their families;
13.23 (2) identify the family conditions that led to the out-of-home placement;
13.24 (3) identify any barriers to accessing culturally informed mental health or substance use
13.25disorder treatment services for the parents or children;
13.26 (4) document efforts to identify fathers and maternal and paternal relatives and to provide
13.27services to custodial and noncustodial fathers, if appropriate; and
13.28 (5) document and summarize court reviews of active efforts.
13.29 (c) Any responsible social services agency that has a case review showing
13.30disproportionality and disparities in child welfare outcomes for African American and other
13.31disproportionately represented children and families, compared to the agency's overall
13Sec. 8.
S0716-1 1st EngrossmentSF716 REVISOR BD 14.1outcomes, must develop a remediation plan to be approved by the commissioner. The
14.2responsible social services agency must develop the plan within 30 days of finding the
14.3disproportionality or disparities and must make measurable improvements within 12 months
14.4of the date that the commissioner approves the remediation plan. A responsible social
14.5services agency may request assistance from the commissioner to develop a remediation
14.6plan. The remediation plan must include measurable outcomes to identify, address, and
14.7reduce the factors that led to the disproportionality and disparities in the agency's child
14.8welfare outcomes and include information about how the responsible social services agency
14.9will achieve and document trauma-informed, positive child well-being outcomes through
14.10remediation efforts.
14.11 Subd. 4.Noncompliance.Any responsible social services agency that fails to comply
14.12with this section is subject to corrective action and a fine determined by the commissioner.
14.13The commissioner shall use fines received under this subdivision to support compliance
14.14with this act, but shall not use amounts received to supplant funding for existing services.
14.15Sec. 9. [260.69] AFRICAN AMERICAN CHILD WELFARE OVERSIGHT
14.16COUNCIL.
14.17 Subdivision 1.Creation.(a) The commissioner shall establish an African American
14.18Child Welfare Oversight Council to formulate and recommend policies and procedures
14.19relating to child welfare services for African American children to ensure that responsible
14.20social services agencies provide African American families with culturally relevant family
14.21preservation services and opportunities to care for their children safely in their homes.
14.22 (b) The commissioner shall convene an initial selection committee to appoint council
14.23members. The selection committee shall consist of representatives from the Council on
14.24Minnesotans of African Heritage, the ombudsperson for African American Families, and
14.25the larger African American community.
14.26 (c) The terms, compensation, and removal of council members are as provided in section
14.2715.059. The advisory council does not expire. The commissioner shall provide administrative
14.28support to the council.
14.29 Subd. 2.Membership and composition.(a) The council shall consist of 15 members
14.30and must include:
14.31 (1) five members from African American families and communities that have been
14.32impacted by the child welfare system, including community leaders and community members;
14Sec. 9.
S0716-1 1st EngrossmentSF716 REVISOR BD 15.1 (2) one responsible social services agency representative from each of the six counties
15.2with the highest populations of disproportionately represented African American children
15.3in the state; and
15.4 (3) four parents or custodians of African American children, two who reside in the
15.5seven-county metropolitan area and two who reside outside of the seven-county metropolitan
15.6area.
15.7 (b) The council shall have two cochairs, chosen by the council.
15.8 Subd. 3.Meeting.The commissioner shall convene the first meeting of the council no
15.9later than December 15, 2024. The council shall meet at least six times per year, but may
15.10meet more frequently at the call of the chair, a majority of the council members, or the
15.11commissioner. Subgroups of the council may meet more frequently as necessary.
15.12 Subd. 4.Duties.The African American Child Welfare Oversight Council shall:
15.13 (1) review annual reports related to African American children in out-of-home placement;
15.14 (2) assist in and make recommendations to the commissioner for developing strategies
15.15to prevent out-of-home placement, promote culturally appropriate foster care and shelter
15.16or facility placement decisions and settings for African American children, and improve
15.17child welfare outcomes for African American children and families;
15.18 (3) review summary reports on case reviews prepared by the commissioner to ensure
15.19that responsible social services agencies meet the needs of African American families. The
15.20council may review individual case information with identifying information redacted to
15.21provide context and oversight, to address disparities in the treatment of African American
15.22children and families as compared to other children and families involved in the child welfare
15.23system;
15.24 (4) assist the Cultural and Ethnic Communities Leadership Council with making
15.25recommendations to the commissioner and the legislature for public policy and statutory
15.26changes that specifically consider the needs of African American children and families
15.27involved in the child welfare system;
15.28 (5) advise the commissioner and responsible social services agencies on stakeholder
15.29engagement and actions that the commissioner and agencies may take to improve child
15.30welfare outcomes for African American children and families;
15.31 (6) assist the commissioner with developing strategies for public messaging and
15.32communication related to racial disparities in child welfare outcomes for African American
15.33children and families;
15Sec. 9.
S0716-1 1st EngrossmentSF716 REVISOR BD 16.1 (7) assist the commissioner with identifying and developing internal and external
16.2partnerships to support adequate access to services and resources for African American
16.3children and families, including but not limited to housing assistance, employment assistance,
16.4food and nutrition support, health care, child care assistance, and educational support and
16.5training; and
16.6 (8) identify barriers to the development of a racially and ethnically diverse child welfare
16.7workforce in Minnesota that includes professionals who have been directly impacted by
16.8experiences within the child welfare system and explore strategies and partnerships to
16.9address education and training needs, and hiring and recruitment practices.
16.10 Subd. 5.Case review.(a) The council may initiate a secondary case review of an African
16.11American child's case upon the request of a child's parent or custodian, or the child, if the
16.12council determines that a secondary case review is appropriate, after reviewing the
16.13commissioner's summary report and conclusions from the initial case review. The purpose
16.14of a secondary case review under this subdivision is to provide recommendations to the
16.15commissioner and the responsible social services agency to improve the child welfare system
16.16and provide better outcomes for the child and the child's family.
16.17 (b) Upon the request of the parent, custodian, or child, members of the African American
16.18Child Welfare Oversight Council shall have access to the following data, as permitted under
16.19applicable statutes, for a child's case review under this subdivision:
16.20 (1) law enforcement investigative data;
16.21 (2) autopsy records and coroner or medical examiner investigative data;
16.22 (3) hospital, public health, and other medical records of the child;
16.23 (4) hospital and other medical records of the child's parent that relate to prenatal care;
16.24 (5) records of any responsible social services agency that provided services to the child
16.25or family; and
16.26 (6) a responsible social services agency's personnel data regarding any agency employees
16.27who provided services to the child or child's family members.
16.28A state agency, statewide system, or political subdivision shall provide the data in paragraph
16.29(b) to the African American Oversight Council and the council's members upon request of
16.30the commissioner. Not public data may be shared with members of the council in connection
16.31with an individual case.
16Sec. 9.
S0716-1 1st EngrossmentSF716 REVISOR BD 17.1 (c) Not public data acquired by the African American Child Welfare Oversight Council
17.2in the exercise of its duties retains its original classification. The commissioner may not
17.3disclose data on individuals that were classified as confidential or private data on individuals
17.4in possession of the state agency, statewide system, or political subdivision from which the
17.5data were received, except that the commissioner may disclose responsible social services
17.6agency data as provided in section 260E.35, subdivision 7, on individual cases involving a
17.7fatality or near fatality of a person served by the responsible social services agency prior to
17.8the date of the death or incident.
17.9 (d) The proceedings and records of the council that pertain to the case review of an
17.10individual child are private data or confidential data, to the extent that they contain data on
17.11an active investigation. Information, documents, and records otherwise available from other
17.12sources are not immune from discovery or use in a civil or criminal action solely because
17.13the information, documents, and records were presented during proceedings of the council.
17.14A person who presented information before the council or who is a member of the council
17.15is not prevented from testifying about matters within the person's knowledge.
17.16 Subd. 6.Annual report.By January 1 of each year, beginning January 1, 2026, the
17.17council shall report to the chairs and ranking minority members of the legislative committees
17.18with jurisdiction over child protection on the council's activities under subdivision 4 and
17.19other issues on which the council chooses to report. The report may include recommendations
17.20for statutory changes to improve the child protection system and child welfare outcomes
17.21for African American children and families.
17.22 Subd. 7.Open Meeting Law.Meetings of the council are subject to the Minnesota Open
17.23Meeting Law under chapter 13D. Notwithstanding chapter 13D, portions of any meeting
17.24that pertain to case review of an individual child's case are closed, and not subject to the
17.25Open Meeting Law.
17.26Sec. 10. [260.694] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
17.27 Subdivision 1.Establishment.The commissioner shall establish an African American
17.28Child Well-Being Unit within the Department of Human Services, to assist counties and
17.29monitor child welfare processes and outcomes to address and mitigate child welfare
17.30disparities for African American children in Minnesota.
17.31 Subd. 2.Duties.The African American Child Well-Being Unit shall perform the
17.32following functions:
17Sec. 10.
S0716-1 1st EngrossmentSF716 REVISOR BD 18.1 (1) assist with the development of African American cultural competency training and
18.2review child welfare curriculum in the Minnesota Child Welfare Training Academy to
18.3ensure that responsible social services agency staff and other child welfare professionals
18.4are appropriately prepared to engage with African American families and to support family
18.5preservation and reunification;
18.6 (2) provide technical assistance, including on-site technical assistance, and case
18.7consultation to responsible social services agencies to assist agencies with implementing
18.8and complying with this act;
18.9 (3) monitor the number and placement settings of African American children in
18.10out-of-home placement statewide, to identify trends and develop strategies to address
18.11disproportionality in the child welfare system at the state and county levels;
18.12 (4) develop and implement a system for conducting case reviews when the commissioner
18.13receives reports of noncompliance with this act or when requested by the parent or custodian
18.14of an African American child. Case reviews may include but are not limited to a review of
18.15placement prevention efforts, safety planning, case planning and service provision by the
18.16responsible social services agency, relative placement consideration, and permanency
18.17planning;
18.18 (5) establish and administer a request for proposals process for African American and
18.19disproportionately represented family preservation grants under section 260.695, monitor
18.20grant activities, and provide technical assistance to grantees;
18.21 (6) coordinate services and create internal and external partnerships to support adequate
18.22access to services and resources for African American children and families, including but
18.23not limited to housing assistance, employment assistance, food and nutrition support, health
18.24care, child care assistance, and educational support and training, in consultation with the
18.25African American Child Welfare Oversight Council; and
18.26 (7) develop public messaging and communication to inform the general public in
18.27Minnesota about racial disparities in child welfare outcomes, current efforts and strategies
18.28to reduce racial disparities, and resources available to African American children and families
18.29involved in the child welfare system.
18.30 Subd. 3.Reports.The African American Child Well-Being Unit shall provide regular
18.31updates on unit activities, including summary reports of case reviews, to the African
18.32American Child Welfare Oversight Council, and shall publish an annual census of African
18.33American children in out-of-home placements statewide. The annual census shall include
18Sec. 10.
S0716-1 1st EngrossmentSF716 REVISOR BD 19.1data on the types of placements, age and sex of the children, how long the children have
19.2been in out-of-home placements, and other relevant demographic information.
19.3 Subd. 4.Establishment and staffing.The commissioner may engage the African
19.4American Child Welfare Oversight Council for assistance in establishing the African
19.5American Child Well-Being Unit and appointing individuals within the unit.
19.6 Sec. 11. [260.695] AFRICAN AMERICAN AND DISPROPORTIONATELY
19.7REPRESENTED FAMILY PRESERVATION GRANTS.
19.8 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
19.9to organizations, service providers, and programs owned and led by African Americans and
19.10other individuals from communities disproportionately represented in the child welfare
19.11system to provide services and support for African American and disproportionately
19.12represented children and families involved in Minnesota's child welfare system, including
19.13supporting existing eligible services and facilitating the development of new services and
19.14providers, to create a more expansive network of service providers available for African
19.15American and disproportionately represented children and families.
19.16 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
19.17are not limited to:
19.18 (1) child out-of-home placement prevention and reunification services;
19.19 (2) family-based services and reunification therapy;
19.20 (3) culturally specific individual and family counseling;
19.21 (4) court advocacy;
19.22 (5) training and consultation to responsible social services agencies and private social
19.23services agencies regarding this act;
19.24 (6) services to support informal kinship care arrangements; and
19.25 (7) other activities and services approved by the commissioner that further the goals of
19.26the Minnesota African American Family Preservation and Child Welfare Disproportionality
19.27Act, including but not limited to the recruitment of African American staff and staff from
19.28other communities disproportionately represented in the child welfare system, for responsible
19.29social services agencies and licensed child-placing agencies.
19.30 (b) The commissioner may specify the priority of an activity and service based on its
19.31success in furthering these goals. The commissioner shall give preference to programs and
19.32service providers that are located in or serve counties with the highest rates of child welfare
19Sec. 11.
S0716-1 1st EngrossmentSF716 REVISOR BD 20.1disproportionality for African American and other disproportionately represented children
20.2and families, and employ staff who represent the population primarily served.
20.3 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
20.4existing services or for the following purposes:
20.5 (1) child day care that is necessary solely because of the employment or training for
20.6employment of a parent or other relative with whom the child is living;
20.7 (2) foster care maintenance or difficulty of care payments;
20.8 (3) residential treatment facility payments;
20.9 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
20.10or 256N;
20.11 (5) public assistance payments for Minnesota family investment program assistance,
20.12supplemental aid, medical assistance, general assistance, general assistance medical care,
20.13or community health services; or
20.14 (6) administrative costs for income maintenance staff.
20.15 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
20.16under subdivisions 1, 2, and 3, and specify the information and criteria required.
20.17Sec. 12. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
20.18 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
20.19under a previous order of the court, an African American or disproportionately represented
20.20child who is ten years of age or older, the responsible social services agency, or a guardian
20.21ad litem may file a petition for the reestablishment of the legal parent and child relationship.
20.22A parent filing a petition under this section shall pay a filing fee in the amount required
20.23under section 357.021, subdivision 2, clause (1). The filing fee may be waived pursuant to
20.24chapter 563 in cases of indigency. A petition for the reestablishment of the legal parent and
20.25child relationship may be filed when:
20.26 (1) in cases where the county attorney is the petitioning party, both the responsible social
20.27services agency and the county attorney agree that reestablishment of the legal parent and
20.28child relationship is in the child's best interests;
20.29 (2) (1) the parent has corrected the conditions that led to an order terminating parental
20.30rights;
20Sec. 12.
S0716-1 1st EngrossmentSF716 REVISOR BD 21.1 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain
21.2the health, safety, and welfare of the child;
21.3 (4) the child has been in foster care for at least 48 months after the court issued the order
21.4terminating parental rights;
21.5 (5) (3) the child has not been adopted; and
21.6 (6) (4) the child is not the subject of a written adoption placement agreement between
21.7the responsible social services agency and the prospective adoptive parent, as required under
21.8Minnesota Rules, part 9560.0060, subpart 2.
21.9 Sec. 13. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
21.10 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
21.11legal parent and child relationship only if it finds by clear and convincing evidence that:
21.12 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
21.13 (2) the child has not been adopted;
21.14 (3) the child is not the subject of a written adoption placement agreement between the
21.15responsible social services agency and the prospective adoptive parent, as required under
21.16Minnesota Rules, part 9560.0060, subpart 2;
21.17 (4) at least 48 months have elapsed following a final order terminating parental rights
21.18and the child remains in foster care;
21.19 (5) (4) the child desires to reside with the parent;
21.20 (6) (5) the parent has corrected the conditions that led to an order terminating parental
21.21rights; and
21.22 (7) (6) the parent is willing and has the capability to provide day-to-day care and maintain
21.23the health, safety, and welfare of the child.
21.24Sec. 14. CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS WORKING
21.25WITH AFRICAN AMERICAN AND DISPROPORTIONATELY REPRESENTED
21.26FAMILIES AND CHILDREN IN THE CHILD WELFARE SYSTEM.
21.27 Subdivision 1.Applicability.The commissioner of human services shall collaborate
21.28with the Children's Justice Initiative to ensure that cultural competency training is given to
21.29individuals working in the child welfare system, including child welfare workers, supervisors,
21.30attorneys, juvenile court judges, and family law judges.
21Sec. 14.
S0716-1 1st EngrossmentSF716 REVISOR BD 22.1 Subd. 2.Training.(a) The commissioner shall consult with the African American Child
22.2Welfare Oversight Council to develop training content and establish the frequency of
22.3trainings.
22.4 (b) The training is required prior to or within six months of beginning work with any
22.5African American or disproportionately represented child and family. A responsible social
22.6services agency staff person who is unable to complete the training prior to working with
22.7African American or disproportionately represented children and families must work with
22.8a qualified staff person within the agency who has completed cultural competency training
22.9until the person is able to complete the required training. The training must be available by
22.10January 1, 2025, and must:
22.11 (1) be provided by an African American individual or individual from a community that
22.12is disproportionately represented in the child welfare system who is knowledgeable about
22.13African American and other disproportionately represented social and cultural norms and
22.14historical trauma;
22.15 (2) raise awareness and increase a person's competency to value diversity, conduct a
22.16self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
22.17to diversity and the cultural contexts of communities served;
22.18 (3) include instruction on effectively developing a safety plan and instruction on engaging
22.19a safety network; and
22.20 (4) be accessible and comprehensive and include the ability to ask questions.
22.21 (c) The training may be provided in a series of segments, either in person or online.
22.22 Subd. 3.Update.The commissioner, in coordination with the African American Child
22.23Welfare Oversight Council, shall provide an update to the legislative committees with
22.24jurisdiction over child protection issues by January 1, 2025, on the rollout of the training
22.25under subdivision 1 and the content and accessibility of the training under subdivision 2.
22.26Sec. 15. DISAGGREGATE DATA.
22.27 The commissioner of human services shall work with the African American Child
22.28Welfare Oversight Council to establish a method to disaggregate data related to African
22.29American and other child welfare disproportionality, and begin disaggregating data by
22.30January 1, 2025.
22Sec. 15.
S0716-1 1st EngrossmentSF716 REVISOR BD 23.1 Sec. 16. ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN AND
23.2DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
23.3PLACEMENT.
23.4 A responsible social services agency must engage in best practices related to visitation
23.5when an African American or disproportionately represented child is in out-of-home
23.6placement. When the child is in out-of-home placement, the responsible social services
23.7agency shall make active efforts to facilitate regular and frequent visitation between the
23.8child and the child's parents or custodians, the child's siblings, and the child's relatives. If
23.9visitation is infrequent between the child and the child's parents, custodians, siblings, or
23.10relatives, the responsible social services agency shall make active efforts to increase the
23.11frequency of visitation and address any barriers to visitation.
23.12Sec. 17. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
23.13 The commissioner of human services shall develop, maintain, and administer a publicly
23.14accessible online compliance and feedback portal to receive reports of noncompliance with
23.15the Minnesota African American Family Preservation and Child Welfare Disproportionality
23.16Act under Minnesota Statutes, sections 260.61 to 260.68, and other statutes related to child
23.17maltreatment, safety, and placement. Reports received through the portal must be transferred
23.18for review and further action to the appropriate unit or department within the Department
23.19of Human Services, including but not limited to the African American Child Well-Being
23.20Unit, and to the African American Child Welfare Oversight Council, if appropriate.
23.21Sec. 18. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
23.22IN FOSTER CARE BEST PRACTICES.
23.23 The commissioner of human services shall develop and publish guidance on best practices
23.24for ensuring that African American and disproportionately represented children in foster
23.25care maintain connections and relationships with their parents, custodians, and extended
23.26relative and kin network. The commissioner shall also develop and publish best practice
23.27guidance on engaging and assessing noncustodial and nonadjudicated parents to care for
23.28their African American or disproportionately represented children who cannot remain with
23.29the children's custodial parents.
23.30Sec. 19. APPROPRIATIONS.
23.31 (a) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
23.32of human services for the administration of the Minnesota African American Family
23Sec. 19.
S0716-1 1st EngrossmentSF716 REVISOR BD 24.1Preservation and Child Welfare Disproportionality Act under Minnesota Statutes, sections
24.2260.61 to 260.695. This is an ongoing appropriation.
24.3 (b) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
24.4of human services for the development, maintenance, and administration of the child welfare
24.5compliance and feedback portal. This is an ongoing appropriation.
24Sec. 19.
S0716-1 1st EngrossmentSF716 REVISOR BD