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; modifying child welfare
1.4 provisions; requiring reports; appropriating money; amending Minnesota Statutes
1.5 2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in
1.6 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 and Child Welfare Disproportionality Act."
1.11 Sec. 2. [260.62] PURPOSES.
1.12 (a) The purposes of the Minnesota African American Family Preservation and Child
1.13Welfare Disproportionality Act are to:
1.14 (1) protect the best interests of African American and disproportionately represented
1.15children;
1.16 (2) promote the stability and security of African American and disproportionately
1.17represented children and their families by establishing minimum standards to prevent the
1.18arbitrary and unnecessary removal of African American and disproportionately represented
1.19children from their families; and
1.20 (3) improve permanency outcomes, including family reunification, for African American
1.21and disproportionately represented children.
1Sec. 2.
S0716-2 2nd 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 Safety12368a03/18/2024
Comm report: To pass as amended and re-refer to Finance04/02/2024 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 a
2.8disproportionately represented child and the child's family. To provide active efforts to
2.9preserve an African American or a disproportionately represented child's family, the
2.10responsible social services agency must continuously involve an African American or a
2.11disproportionately represented child's family in all services for the family, including case
2.12planning and choosing services and providers, and inform the family of the ability to request
2.13a case review by the commissioner under section 260.694. When providing active efforts,
2.14a responsible social services agency must consider an African American or a
2.15disproportionately represented family's social and cultural values at all times while providing
2.16services to the African American or disproportionately represented child and family. Active
2.17efforts includes continuous efforts to preserve an African American or a disproportionately
2.18represented child's family and to prevent the out-of-home placement of an African American
2.19or a disproportionately represented child. If an African American or a disproportionately
2.20represented child enters out-of-home placement, the responsible social services agency must
2.21make active efforts to reunify the African American or disproportionately represented child
2.22with the child's family as soon as possible. Active efforts sets a higher standard for the
2.23responsible social services agency than reasonable efforts to preserve the child's family,
2.24prevent the child's out-of-home placement, and reunify the child with the child's family.
2.25Active efforts includes the provision of reasonable efforts as required by Title IV-E of the
2.26Social Security Act, United States Code, title 42, sections 670 to 679c.
2.27 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
2.28of an African American or a disproportionately represented child made by the responsible
2.29social services agency upon a fully executed adoption placement agreement, including the
2.30signatures of the adopting parent, the responsible social services agency, and the
2.31commissioner of human services according to section 260C.613, subdivision 1.
2.32 Subd. 4.African American child."African American child" means a child having
2.33origins in Africa, including a child of two or more races who has at least one parent with
2.34origins in Africa.
2Sec. 3.
S0716-2 2nd EngrossmentSF716 REVISOR BD 3.1 Subd. 5.Best interests of the African American or disproportionately represented
3.2child.The "best interests of the African American or disproportionately represented child"
3.3means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
3.4the African American or disproportionately represented child's community and cultural
3.5norms and allows the child to remain safely at home with the child's family. The best interests
3.6of the African American or disproportionately represented child support the child's sense
3.7of belonging to the child's family, extended family, kin, and cultural community.
3.8 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
3.9judicial proceeding that could result in:
3.10 (1) an adoptive placement;
3.11 (2) a foster care placement;
3.12 (3) a preadoptive placement; or
3.13 (4) a termination of parental rights.
3.14 (b) Judicial proceedings under this subdivision include a child's placement based upon
3.15a child's juvenile status offense, but do not include a child's placement based upon:
3.16 (1) an act which if committed by an adult would be deemed a crime; or
3.17 (2) an award of child custody in a divorce proceeding to one of the child's parents.
3.18 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
3.19or the commissioner's designee.
3.20 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
3.21provide care and support for an African American or a disproportionately represented child,
3.22or who is in fact providing daily care and support for an African American or a
3.23disproportionately represented child. This subdivision does not impose a legal obligation
3.24upon a person who is not otherwise legally obligated to provide a child with necessary food,
3.25clothing, shelter, education, or medical care.
3.26 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
3.27African American children and other disproportionately represented children in the state's
3.28child welfare system population as compared to the representation of those children in the
3.29state's total child population.
3.30 Subd. 10.Disproportionately represented child."Disproportionately represented child"
3.31means a child whose race, culture, ethnicity, or low-income socioeconomic status is
3Sec. 3.
S0716-2 2nd EngrossmentSF716 REVISOR BD 4.1disproportionately encountered, engaged, or identified in the child welfare system as
4.2compared to the representation in the state's total child population.
4.3 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
4.4subdivision 5.
4.5 Subd. 12.Foster care placement."Foster care placement" means the court-ordered
4.6removal of an African American or a disproportionately represented child from the child's
4.7home with the child's parent or legal custodian and the temporary placement of the child in
4.8a foster home, in shelter care or a facility, or in the home of a guardian, when the parent or
4.9legal custodian cannot have the child returned upon demand, but the parent's parental rights
4.10have not been terminated. A foster care placement includes an order placing the child under
4.11the guardianship of the commissioner, pursuant to section 260C.325, prior to an adoption
4.12being finalized.
4.13 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm"
4.14means that a child is threatened with immediate and present conditions that are
4.15life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
4.16 Subd. 14.Responsible social services agency."Responsible social services agency"
4.17has the meaning given in section 260C.007, subdivision 27a.
4.18 Subd. 15.Parent."Parent" means the biological parent of an African American or a
4.19disproportionately represented child or any person who has legally adopted an African
4.20American or a disproportionately represented child who, prior to the adoption, was considered
4.21a relative to the child, as defined in subdivision 16. Parent includes an unmarried father
4.22whose paternity has been acknowledged or established and a putative father. Paternity has
4.23been acknowledged when an unmarried father takes any action to hold himself out as the
4.24biological father of a child.
4.25 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
4.26services agency's placement of an African American or a disproportionately represented
4.27child with the child's family or kin when the child is under the guardianship of the
4.28commissioner, for the purpose of adoption, but an adoptive placement agreement for the
4.29child has not been fully executed.
4.30 Subd. 17.Relative."Relative" means:
4.31 (1) an individual related to the child by blood, marriage, or adoption;
4.32 (2) a legal parent, guardian, or custodian of the child's sibling;
4Sec. 3.
S0716-2 2nd EngrossmentSF716 REVISOR BD 5.1 (3) an individual who is an important friend of the child or child's family with whom
5.2the child has resided or has had significant contact; or
5.3 (4) an individual who the child or the child's family identify as related to the child's
5.4family.
5.5 Subd. 18.Safety network."Safety network" means a group of individuals identified by
5.6the parent and child, when appropriate, that is accountable for developing, implementing,
5.7sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
5.8child.
5.9 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
5.10subdivision 20.
5.11 Subd. 20.Termination of parental rights."Termination of parental rights" means an
5.12action resulting in the termination of the parent-child relationship under section 260C.301.
5.13 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
5.14PROMOTE FAMILY REUNIFICATION.
5.15 (a) A responsible social services agency shall make active efforts to prevent the
5.16out-of-home placement of an African American or a disproportionately represented child,
5.17eliminate the need for a child's removal from the child's home, and reunify an African
5.18American or a disproportionately represented child with the child's family as soon as
5.19practicable.
5.20 (b) Prior to petitioning the court to remove an African American or a disproportionately
5.21represented child from the child's home, a responsible social services agency must work
5.22with the child's family to allow the child to remain in the child's home while implementing
5.23a safety plan based on the family's needs. The responsible social services agency must:
5.24 (1) make active efforts to engage the child's parent or custodian and the child, when
5.25appropriate;
5.26 (2) assess the family's cultural and economic needs;
5.27 (3) hold a family group consultation meeting and connect the family with supports to
5.28establish a safety network for the family; and
5.29 (4) provide support, guidance, and input to assist the family and the family's safety
5.30network with developing the safety plan.
5.31 (c) The safety plan must:
5Sec. 4.
S0716-2 2nd EngrossmentSF716 REVISOR BD 6.1 (1) address the specific allegations impacting the child's safety in the home. If neglect
6.2is alleged, the safety plan must incorporate economic services and supports to address the
6.3family's specific needs and prevent neglect;
6.4 (2) incorporate family and community support to ensure the child's safety while keeping
6.5the family intact; and
6.6 (3) be adjusted as needed to address the child's and family's ongoing needs and support.
6.7The responsible social services agency is not required to establish a safety plan in a case
6.8with allegations of sexual abuse or egregious harm.
6.9 (d) Unless the court finds by clear and convincing evidence that the child would be at
6.10risk of serious emotional damage or serious physical damage if the child were to remain in
6.11the child's home, a court shall not order a foster care or permanent out-of-home placement
6.12of an African American or a disproportionately represented child alleged to be in need of
6.13protection or services. At each hearing regarding an African American or a disproportionately
6.14represented child who is alleged or adjudicated to be in need of child protective services,
6.15the court shall review whether the responsible social services agency has provided active
6.16efforts to the child and the child's family and shall require the responsible social services
6.17agency to provide evidence and documentation that demonstrates that the agency is providing
6.18culturally informed, strength-based, community-involved, and community-based services
6.19to the child and the child's family.
6.20 (e) When determining whether the responsible social services agency has made active
6.21efforts to preserve the child's family, the court shall make findings regarding whether the
6.22responsible social services agency made appropriate and meaningful services available to
6.23the child's family based upon the family's specific needs. If a court determines that the
6.24responsible social services agency did not make active efforts to preserve the family as
6.25required by this section, the court shall order the responsible social services agency to
6.26immediately provide active efforts to the child and child's family to preserve the family.
6.27 Sec. 5. [260.65] NONCUSTODIAL PARENTS; TEMPORARY OUT-OF-HOME
6.28PLACEMENT.
6.29 (a) Prior to or within 48 hours of the removal of an African American or a
6.30disproportionately represented child from the child's home, the responsible social services
6.31agency must make active efforts to identify and locate the child's noncustodial or
6.32nonadjudicated parent and the child's relatives to notify the child's parent and relatives that
6.33the child is or will be placed in foster care and provide the child's parent and relatives with
6Sec. 5.
S0716-2 2nd EngrossmentSF716 REVISOR BD 7.1a list of legal resources. The notice to the child's noncustodial or nonadjudicated parent and
7.2relatives must also include the information required under section 260C.221, subdivision
7.32. The responsible social services agency must maintain detailed records of the agency's
7.4efforts to notify parents and relatives under this section.
7.5 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
7.6agency must assess an African American or a disproportionately represented child's
7.7noncustodial or nonadjudicated parent's ability to care for the child before placing the child
7.8in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
7.9daily care for the African American or disproportionately represented child temporarily or
7.10permanently, the court shall order that the child be placed in the home of the noncustodial
7.11or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
7.12responsible social services agency must make active efforts to assist a noncustodial or
7.13nonadjudicated parent with remedying any issues that may prevent the child from being
7.14placed with the noncustodial or nonadjudicated parent.
7.15 (c) If an African American or a disproportionately represented child's noncustodial or
7.16nonadjudicated parent is unwilling or unable to provide daily care for the child and the court
7.17has determined that the child's continued placement in the home of the child's noncustodial
7.18or nonadjudicated parent would endanger the child's health, safety, or welfare, the child's
7.19parent, custodian, or the child, when appropriate, has the right to select one or more relatives
7.20who may be willing and able to provide temporary care for the child. The responsible social
7.21services agency must place the child with a selected relative after assessing the relative's
7.22willingness and ability to provide daily care for the child. If selected relatives are not available
7.23or there is a documented safety concern with the relative placement, the responsible social
7.24services agency shall consider additional relatives for the child's placement.
7.25 (d) The responsible social services agency must inform selected relatives and the child's
7.26parent or custodian of the difference between informal kinship care arrangements and
7.27court-ordered foster care. If a selected relative and the child's parent or custodian request
7.28an informal kinship care arrangement for a child's placement instead of court-ordered foster
7.29care and such an arrangement will maintain the child's safety and well-being, the responsible
7.30social services agency shall comply with the request and inform the court of the plan for
7.31the child. The court shall honor the request to forego a court-ordered foster care placement
7.32of the child in favor of an informal kinship care arrangement, unless the court determines
7.33that the request is not in the best interests of the African American or disproportionately
7.34represented child.
7Sec. 5.
S0716-2 2nd 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 to be considered as an African American or a
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 for 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 a
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 a 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.
S0716-2 2nd 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 an
9.3African American or a disproportionately represented child. The court shall determine
9.4whether the emergency removal continues to be necessary to prevent imminent physical
9.5damage or harm to the child.
9.6 (b) The court shall hold additional hearings whenever new information indicates that
9.7the emergency situation has ended. At any court hearing after the emergency proceeding,
9.8the court must determine whether the emergency removal or placement is no longer necessary
9.9to prevent imminent 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 a 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 a 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 the removal or placement is no longer necessary to prevent imminent
9.24physical damage 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 a 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.
S0716-2 2nd 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 a disproportionately represented child cannot be returned to the
10.8child's parent, the court shall, if possible, transfer permanent legal and physical custody of
10.9the child to:
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 a 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
10.24a disproportionately 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.
S0716-2 2nd 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 a disproportionately represented child if the parent
11.8desires to voluntarily terminate the parent's own parental rights for good cause 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 a 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 a disproportionately
11.28represented child or places an African American or a disproportionately represented child
11.29in a 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.
S0716-2 2nd 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 a disproportionately represented child, the responsible
12.5social services agency shall, upon request, fully cooperate with the commissioner and, as
12.6appropriate and as permitted under statute, provide access to all relevant case files.
12.7 (b) In any adoptive or preadoptive placement proceeding involving an African American
12.8or a disproportionately represented child under the guardianship of the commissioner, the
12.9responsible social services agency shall notify the commissioner of the pending proceeding
12.10and of the right of intervention. The notice must include the identity of the child and the
12.11child's parents whose parental rights were terminated or who consented to the child's
12.12adoption. Upon receipt of the notice, the commissioner shall review the case to ensure that
12.13the requirements of this act have been met. When the responsible social services agency
12.14has identified a nonrelative as an African American or a disproportionately represented
12.15child's adoptive placement, no preadoptive or adoptive placement proceeding may be held
12.16until at least 30 days after the commissioner receives the required notice or until an adoption
12.17home study can be completed for a relative adoption, whichever occurs first. If the
12.18commissioner requests additional time to prepare for the proceeding, the district court must
12.19grant the commissioner up to 30 additional days to prepare for the proceeding. In cases in
12.20which a responsible social services agency or party to a preadoptive or adoptive placement
12.21knows or has reason to believe that a child is or may be African American or a
12.22disproportionately represented child, proof of service upon the commissioner must be filed
12.23with the adoption petition.
12.24 Subd. 3.Case review.(a) Each responsible social services agency shall conduct a review
12.25of all child protection cases handled by the agency every 24 months, after establishing a
12.262024 baseline. The responsible social services agency shall report the agency's findings to
12.27the county board, related child welfare committees, the Children's Justice Initiative team,
12.28the commissioner, and community stakeholders within six months of gathering the relevant
12.29case data. The case review must include:
12.30 (1) the number of African American and disproportionately represented children
12.31represented in the county child welfare system;
12.32 (2) the number and sources of maltreatment reports received and reports screened in for
12.33investigation or referred for family assessment and the race of the children and parents or
12.34custodians involved in each report;
12Sec. 8.
S0716-2 2nd EngrossmentSF716 REVISOR BD 13.1 (3) the number and race of children and parents or custodians who receive in-home
13.2preventive case management services;
13.3 (4) the number and race of children whose parents or custodians are referred to
13.4community-based, culturally appropriate, strength-based, or trauma-informed services;
13.5 (5) the number and race of children removed from their homes;
13.6 (6) the number and race of children reunified with their parents or custodians;
13.7 (7) the number and race of children whose parents or custodians are offered family group
13.8decision-making services;
13.9 (8) the number and race of children whose parents or custodians are offered the parent
13.10support outreach program;
13.11 (9) the number and race of children in foster care or out-of-home placement at the time
13.12that the data is gathered;
13.13 (10) the number and race of children who achieve permanency through a transfer of
13.14permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
13.15and
13.16 (11) the number and race of children who are under the guardianship of the commissioner
13.17or awaiting a permanency disposition.
13.18 (b) The required case review must also:
13.19 (1) identify barriers to reunifying children with their families;
13.20 (2) identify the family conditions that led to the out-of-home placement;
13.21 (3) identify any barriers to accessing culturally informed mental health or substance use
13.22disorder treatment services for the parents or children;
13.23 (4) document efforts to identify fathers and maternal and paternal relatives and to provide
13.24services to custodial and noncustodial fathers, if appropriate; and
13.25 (5) document and summarize court reviews of active efforts.
13.26 (c) Any responsible social services agency that has a case review showing
13.27disproportionality and disparities in child welfare outcomes for African American and other
13.28disproportionately represented children and families, compared to the agency's overall
13.29outcomes, must develop a remediation plan to be approved by the commissioner. The
13.30responsible social services agency must develop the plan within 30 days of finding the
13.31disproportionality or disparities and must make measurable improvements within 12 months
13Sec. 8.
S0716-2 2nd EngrossmentSF716 REVISOR BD 14.1of the date that the commissioner approves the remediation plan. A responsible social
14.2services agency may request assistance from the commissioner to develop a remediation
14.3plan. The remediation plan must include measurable outcomes to identify, address, and
14.4reduce the factors that led to the disproportionality and disparities in the agency's child
14.5welfare outcomes and include information about how the responsible social services agency
14.6will achieve and document trauma-informed, positive child well-being outcomes through
14.7remediation efforts.
14.8 Subd. 4.Noncompliance.Any responsible social services agency that fails to comply
14.9with this section is subject to corrective action and a fine determined by the commissioner.
14.10The commissioner shall use fines received under this subdivision to support compliance
14.11with this act but shall not use amounts received to supplant funding for existing services.
14.12Sec. 9. [260.694] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
14.13 Subdivision 1.Establishment.The commissioner shall establish an African American
14.14Child Well-Being Unit within the Department of Human Services to assist counties and
14.15monitor child welfare processes and outcomes to address and mitigate child welfare
14.16disparities for African American children in Minnesota.
14.17 Subd. 2.Duties.The African American Child Well-Being Unit shall perform the
14.18following functions:
14.19 (1) assist with the development of African American cultural competency training and
14.20review child welfare curriculum in the Minnesota Child Welfare Training Academy to
14.21ensure that responsible social services agency staff and other child welfare professionals
14.22are appropriately prepared to engage with African American families and to support family
14.23preservation and reunification;
14.24 (2) provide technical assistance, including on-site technical assistance, and case
14.25consultation to responsible social services agencies to assist agencies with implementing
14.26and complying with this act;
14.27 (3) monitor the number and placement settings of African American children in
14.28out-of-home placement statewide to identify trends and develop strategies to address
14.29disproportionality in the child welfare system at the state and county levels;
14.30 (4) develop and implement a system for conducting case reviews when the commissioner
14.31receives reports of noncompliance with this act or when requested by the parent or custodian
14.32of an African American child. Case reviews may include but are not limited to a review of
14.33placement prevention efforts, safety planning, case planning and service provision by the
14Sec. 9.
S0716-2 2nd EngrossmentSF716 REVISOR BD 15.1responsible social services agency, relative placement consideration, and permanency
15.2planning;
15.3 (5) establish and administer a request for proposals process for African American and
15.4disproportionately represented family preservation grants under section 260.695, monitor
15.5grant activities, and provide technical assistance to grantees;
15.6 (6) coordinate services and create internal and external partnerships to support adequate
15.7access to services and resources for African American children and families, including but
15.8not limited to housing assistance, employment assistance, food and nutrition support, health
15.9care, child care assistance, and educational support and training, in consultation with the
15.10African American Child Welfare Oversight Council; and
15.11 (7) develop public messaging and communication to inform the general public in
15.12Minnesota about racial disparities in child welfare outcomes, current efforts and strategies
15.13to reduce racial disparities, and resources available to African American children and families
15.14involved in the child welfare system.
15.15 Subd. 3.Reports.The African American Child Well-Being Unit shall provide regular
15.16updates on unit activities, including summary reports of case reviews, to the African
15.17American Child Welfare Oversight Council and shall publish an annual census of African
15.18American children in out-of-home placements statewide. The annual census shall include
15.19data on the types of placements, age and sex of the children, how long the children have
15.20been in out-of-home placements, and other relevant demographic information.
15.21 Subd. 4.Establishment and staffing.The commissioner may engage the African
15.22American Child Welfare Oversight Council for assistance in establishing the African
15.23American Child Well-Being Unit and appointing individuals within the unit.
15.24Sec. 10. [260.695] AFRICAN AMERICAN AND DISPROPORTIONATELY
15.25REPRESENTED FAMILY PRESERVATION GRANTS.
15.26 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
15.27to organizations, service providers, and programs owned and led by African Americans and
15.28other individuals from communities disproportionately represented in the child welfare
15.29system to provide services and support for African American and disproportionately
15.30represented children and families involved in Minnesota's child welfare system, including
15.31supporting existing eligible services and facilitating the development of new services and
15.32providers, to create a more expansive network of service providers available for African
15.33American and disproportionately represented children and families.
15Sec. 10.
S0716-2 2nd EngrossmentSF716 REVISOR BD 16.1 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
16.2are not limited to:
16.3 (1) child out-of-home placement prevention and reunification services;
16.4 (2) family-based services and reunification therapy;
16.5 (3) culturally specific individual and family counseling;
16.6 (4) court advocacy;
16.7 (5) training and consultation to responsible social services agencies and private social
16.8services agencies regarding this act;
16.9 (6) services to support informal kinship care arrangements; and
16.10 (7) other activities and services approved by the commissioner that further the goals of
16.11the Minnesota African American Family Preservation and Child Welfare Disproportionality
16.12Act, including but not limited to the recruitment of African American staff and staff from
16.13other communities disproportionately represented in the child welfare system to work for
16.14responsible social services agencies and licensed child-placing agencies.
16.15 (b) The commissioner may specify the priority of an activity and service based on its
16.16success in furthering these goals. The commissioner shall give preference to programs and
16.17service providers that are located in or serve counties with the highest rates of child welfare
16.18disproportionality for African American and other disproportionately represented children
16.19and families and employ staff who represent the population primarily served.
16.20 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
16.21existing services or for the following purposes:
16.22 (1) child day care that is necessary solely because of the employment or training for
16.23employment of a parent or another relative with whom the child is living;
16.24 (2) foster care maintenance or difficulty of care payments;
16.25 (3) residential treatment facility payments;
16.26 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
16.27or 256N;
16.28 (5) public assistance payments for Minnesota family investment program assistance,
16.29supplemental aid, medical assistance, general assistance, general assistance medical care,
16.30or community health services; or
16.31 (6) administrative costs for income maintenance staff.
16Sec. 10.
S0716-2 2nd EngrossmentSF716 REVISOR BD 17.1 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
17.2under subdivisions 1, 2, and 3, and specify the information and criteria required.
17.3 Sec. 11. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
17.4 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
17.5under a previous order of the court, an African American or a disproportionately represented
17.6child who is ten years of age or older, the responsible social services agency, or a guardian
17.7ad litem may file a petition for the reestablishment of the legal parent and child relationship.
17.8A parent filing a petition under this section shall pay a filing fee in the amount required
17.9under section 357.021, subdivision 2, clause (1). The filing fee may be waived pursuant to
17.10chapter 563 in cases of indigency. A petition for the reestablishment of the legal parent and
17.11child relationship may be filed when:
17.12 (1) in cases where the county attorney is the petitioning party, both the responsible social
17.13services agency and the county attorney agree that reestablishment of the legal parent and
17.14child relationship is in the child's best interests;
17.15 (2) (1) the parent has corrected the conditions that led to an order terminating parental
17.16rights;
17.17 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain
17.18the health, safety, and welfare of the child;
17.19 (4) the child has been in foster care for at least 48 months after the court issued the order
17.20terminating parental rights;
17.21 (5) (3) the child has not been adopted; and
17.22 (6) (4) the child is not the subject of a written adoption placement agreement between
17.23the responsible social services agency and the prospective adoptive parent, as required under
17.24Minnesota Rules, part 9560.0060, subpart 2.
17.25Sec. 12. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
17.26 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
17.27legal parent and child relationship only if it finds by clear and convincing evidence that:
17.28 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
17.29 (2) the child has not been adopted;
17Sec. 12.
S0716-2 2nd EngrossmentSF716 REVISOR BD 18.1 (3) the child is not the subject of a written adoption placement agreement between the
18.2responsible social services agency and the prospective adoptive parent, as required under
18.3Minnesota Rules, part 9560.0060, subpart 2;
18.4 (4) at least 48 months have elapsed following a final order terminating parental rights
18.5and the child remains in foster care;
18.6 (5) (4) the child desires to reside with the parent;
18.7 (6) (5) the parent has corrected the conditions that led to an order terminating parental
18.8rights; and
18.9 (7) (6) the parent is willing and has the capability to provide day-to-day care and maintain
18.10the health, safety, and welfare of the child.
18.11Sec. 13. CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS WORKING
18.12WITH AFRICAN AMERICAN AND DISPROPORTIONATELY REPRESENTED
18.13FAMILIES AND CHILDREN IN THE CHILD WELFARE SYSTEM.
18.14 Subdivision 1.Applicability.The commissioner of human services shall collaborate
18.15with the Children's Justice Initiative to ensure that cultural competency training is given to
18.16individuals working in the child welfare system, including child welfare workers, supervisors,
18.17attorneys, juvenile court judges, and family law judges.
18.18 Subd. 2.Training.(a) The commissioner shall develop training content and establish
18.19the frequency of trainings.
18.20 (b) The cultural competency training under this section is required prior to or within six
18.21months of beginning work with any African American or disproportionately represented
18.22child and family. A responsible social services agency staff person who is unable to complete
18.23the cultural competency training prior to working with African American or
18.24disproportionately represented children and families must work with a qualified staff person
18.25within the agency who has completed cultural competency training until the person is able
18.26to complete the required training. The training must be available by January 1, 2025, and
18.27must:
18.28 (1) be provided by an African American individual or individual from a community that
18.29is disproportionately represented in the child welfare system who is knowledgeable about
18.30African American and other disproportionately represented social and cultural norms and
18.31historical trauma;
18Sec. 13.
S0716-2 2nd EngrossmentSF716 REVISOR BD 19.1 (2) raise awareness and increase a person's competency to value diversity, conduct a
19.2self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
19.3to diversity and the cultural contexts of communities served;
19.4 (3) include instruction on effectively developing a safety plan and instruction on engaging
19.5a safety network; and
19.6 (4) be accessible and comprehensive and include the ability to ask questions.
19.7 (c) The training may be provided in a series of segments, either in person or online.
19.8 Subd. 3.Update.The commissioner shall provide an update to the legislative committees
19.9with jurisdiction over child protection issues by January 1, 2025, on the rollout of the training
19.10under subdivision 1 and the content and accessibility of the training under subdivision 2.
19.11Sec. 14. DISAGGREGATE DATA.
19.12 The commissioner of human services shall establish a method to disaggregate data related
19.13to African American and other child welfare disproportionality and begin disaggregating
19.14data by January 1, 2025.
19.15Sec. 15. ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN AND
19.16DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
19.17PLACEMENT.
19.18 A responsible social services agency must engage in best practices related to visitation
19.19when an African American or a disproportionately represented child is in out-of-home
19.20placement. When the child is in out-of-home placement, the responsible social services
19.21agency shall make active efforts to facilitate regular and frequent visitation between the
19.22child and the child's parents or custodians, the child's siblings, and the child's relatives. If
19.23visitation is infrequent between the child and the child's parents, custodians, siblings, or
19.24relatives, the responsible social services agency shall make active efforts to increase the
19.25frequency of visitation and address any barriers to visitation.
19.26Sec. 16. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
19.27 The commissioner of human services shall develop, maintain, and administer a publicly
19.28accessible online compliance and feedback portal to receive reports of noncompliance with
19.29the Minnesota African American Family Preservation and Child Welfare Disproportionality
19.30Act under Minnesota Statutes, sections 260.61 to 260.68, and other statutes related to child
19.31maltreatment, safety, and placement. Reports received through the portal must be transferred
19Sec. 16.
S0716-2 2nd EngrossmentSF716 REVISOR BD 20.1for review and further action to the appropriate unit or department within the Department
20.2of Human Services, including but not limited to the African American Child Well-Being
20.3Unit.
20.4 Sec. 17. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
20.5IN FOSTER CARE BEST PRACTICES.
20.6 The commissioner of human services shall develop and publish guidance on best practices
20.7for ensuring that African American and disproportionately represented children in foster
20.8care maintain connections and relationships with their parents, custodians, and extended
20.9relative and kin network. The commissioner shall also develop and publish best practice
20.10guidance on engaging and assessing noncustodial and nonadjudicated parents to care for
20.11their African American or disproportionately represented children who cannot remain with
20.12the children's custodial parents.
20.13Sec. 18. APPROPRIATIONS.
20.14 (a) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
20.15of human services for the administration of the Minnesota African American Family
20.16Preservation and Child Welfare Disproportionality Act under Minnesota Statutes, sections
20.17260.61 to 260.695. This is an ongoing appropriation.
20.18 (b) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
20.19of human services for the development, maintenance, and administration of the child welfare
20.20compliance and feedback portal. This is an ongoing appropriation.
20Sec. 18.
S0716-2 2nd EngrossmentSF716 REVISOR BD