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 260.693 may be cited as the "Minnesota African American Family 1.10Preservation and Child Welfare Disproportionality Act." 1.11 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 1.12section 20 of this act. 1.13 Sec. 2. [260.62] PURPOSES. 1.14 (a) The purposes of the Minnesota African American Family Preservation and Child 1.15Welfare Disproportionality Act are to: 1.16 (1) protect the best interests of African American and disproportionately represented 1.17children; 1.18 (2) promote the stability and security of African American and disproportionately 1.19represented children and their families by establishing minimum standards to prevent the 1.20arbitrary and unnecessary removal of African American and disproportionately represented 1.21children from their families; and 1Sec. 2. S0716-3 3rd 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 Finance12898a04/02/2024 Comm report: To pass as amended1643705/07/2024 Second reading16460 2.1 (3) improve permanency outcomes, including family reunification, for African American 2.2and disproportionately represented children. 2.3 (b) Nothing in this legislation is intended to interfere with the protections of the Indian 2.4Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the 2.5Minnesota Indian Family Preservation Act, sections 260.751 to 260.835. 2.6 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 2.7section 20 of this act. 2.8 Sec. 3. [260.63] DEFINITIONS. 2.9 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.693. 2.10 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort 2.11that the responsible social services agency must continuously make throughout the time 2.12that the responsible social services agency is involved with an African American or a 2.13disproportionately represented child and the child's family. To provide active efforts to 2.14preserve an African American or a disproportionately represented child's family, the 2.15responsible social services agency must continuously involve an African American or a 2.16disproportionately represented child's family in all services for the family, including case 2.17planning and choosing services and providers, and inform the family of the ability to file a 2.18report of noncompliance with this act with the commissioner through the child welfare 2.19compliance and feedback portal. When providing active efforts, a responsible social services 2.20agency must consider an African American or a disproportionately represented child's 2.21family's social and cultural values at all times while providing services to the African 2.22American or disproportionately represented child and the child's family. Active efforts 2.23includes continuous efforts to preserve an African American or a disproportionately 2.24represented child's family and to prevent the out-of-home placement of an African American 2.25or a disproportionately represented child. If an African American or a disproportionately 2.26represented child enters out-of-home placement, the responsible social services agency must 2.27make active efforts to reunify the African American or disproportionately represented child 2.28with the child's family as soon as possible. Active efforts sets a higher standard for the 2.29responsible social services agency than reasonable efforts to preserve the child's family, 2.30prevent the child's out-of-home placement, and reunify the child with the child's family. 2.31Active efforts includes the provision of reasonable efforts as required by Title IV-E of the 2.32Social Security Act, United States Code, title 42, sections 670 to 679c. 2.33 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement 2.34of an African American or a disproportionately represented child made by the responsible 2Sec. 3. S0716-3 3rd EngrossmentSF716 REVISOR BD 3.1social services agency upon a fully executed adoption placement agreement, including the 3.2signatures of the adopting parent, the responsible social services agency, and the 3.3commissioner of human services according to section 260C.613, subdivision 1. 3.4 Subd. 4.African American child."African American child" means a child having 3.5origins in Africa, including a child of two or more races who has at least one parent with 3.6origins in Africa. Whether a child or parent has origins in Africa is based upon 3.7self-identification or identification of the child's origins by the parent or guardian. 3.8 Subd. 5.Best interests of the African American or disproportionately represented 3.9child.The "best interests of the African American or disproportionately represented child" 3.10means providing a culturally informed practice lens that acknowledges, utilizes, and embraces 3.11the African American or disproportionately represented child's community and cultural 3.12norms and allows the child to remain safely at home with the child's family. The best interests 3.13of the African American or disproportionately represented child support the child's sense 3.14of belonging to the child's family, extended family, kin, and cultural community. 3.15 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any 3.16judicial proceeding that could result in: 3.17 (1) an adoptive placement; 3.18 (2) a foster care placement; 3.19 (3) a preadoptive placement; or 3.20 (4) a termination of parental rights. 3.21 (b) Judicial proceedings under this subdivision include a child's placement based upon 3.22a child's juvenile status offense but do not include a child's placement based upon: 3.23 (1) an act which if committed by an adult would be deemed a crime; or 3.24 (2) an award of child custody in a divorce proceeding to one of the child's parents. 3.25 Subd. 7.Commissioner."Commissioner" means the commissioner of human services 3.26or the commissioner's designee. 3.27 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to 3.28provide care and support for an African American or a disproportionately represented child, 3.29or who is in fact providing daily care and support for an African American or a 3.30disproportionately represented child. This subdivision does not impose a legal obligation 3.31upon a person who is not otherwise legally obligated to provide a child with necessary food, 3.32clothing, shelter, education, or medical care. 3Sec. 3. S0716-3 3rd EngrossmentSF716 REVISOR BD 4.1 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of 4.2African American children and other disproportionately represented children in Minnesota's 4.3child welfare system population as compared to the representation of those children in 4.4Minnesota's total child population. 4.5 Subd. 10.Disproportionately represented child."Disproportionately represented child" 4.6means an unmarried person who is under the age of 18 and who is a member of a community 4.7whose race, culture, ethnicity, disability status, or low-income socioeconomic status is 4.8disproportionately encountered, engaged, or identified in the child welfare system as 4.9compared to the representation in the state's total child population, as determined on an 4.10annual basis by the commissioner. A child's race, culture, or ethnicity is determined based 4.11upon a child's self-identification or identification of a child's race, culture, or ethnicity as 4.12reported by the child's parent or guardian. 4.13 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03, 4.14subdivision 5. 4.15 Subd. 12.Foster care placement."Foster care placement" means the temporary 4.16placement in foster care as defined in section 260C.007, subdivision 18, following the 4.17court-ordered removal of an African American or a disproportionately represented child 4.18when the parent or legal custodian cannot have the child returned upon demand. 4.19 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm" 4.20means that a child is threatened with immediate and present conditions that are 4.21life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury. 4.22 Subd. 14.Responsible social services agency."Responsible social services agency" 4.23has the meaning given in section 260C.007, subdivision 27a. 4.24 Subd. 15.Parent."Parent" means the biological parent of an African American or a 4.25disproportionately represented child or any person who has legally adopted an African 4.26American or a disproportionately represented child. Parent includes an unmarried father 4.27whose paternity has been acknowledged or established and a putative father. Paternity has 4.28been acknowledged when an unmarried father takes any action to hold himself out as the 4.29biological father of a child. 4.30 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social 4.31services agency's placement of an African American or a disproportionately represented 4.32child when the child is under the guardianship of the commissioner for the purpose of 4.33adoption but an adoptive placement agreement for the child has not been fully executed. 4Sec. 3. S0716-3 3rd EngrossmentSF716 REVISOR BD 5.1 Subd. 17.Relative."Relative" has the meaning given in section 260C.007, subdivision 5.227. 5.3 Subd. 18.Safety network."Safety network" means a group of individuals identified by 5.4the parent and child, when appropriate, that is accountable for developing, implementing, 5.5sustaining, supporting, or improving a safety plan to protect the safety and well-being of a 5.6child. 5.7 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03, 5.8subdivision 20. 5.9 Subd. 20.Termination of parental rights."Termination of parental rights" means an 5.10action resulting in the termination of the parent-child relationship under section 260C.301. 5.11 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 5.12section 20 of this act. 5.13 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND 5.14PROMOTE FAMILY REUNIFICATION. 5.15 Subdivision 1.Active efforts.A responsible social services agency shall make active 5.16efforts to prevent the out-of-home placement of an African American or a disproportionately 5.17represented child, eliminate the need for a child's removal from the child's home, and reunify 5.18an African American or a disproportionately represented child with the child's family as 5.19soon as practicable. 5.20 Subd. 2.Safety plan.(a) Prior to petitioning the court to remove an African American 5.21or a disproportionately represented child from the child's home under section 260.66, a 5.22responsible social services agency must work with the child's family to allow the child to 5.23remain in the child's home while implementing a safety plan based on the family's needs. 5.24The 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. 5.32 (b) The safety plan must: 5Sec. 4. S0716-3 3rd 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 for the child 6.3and the child's family, if eligible, to address the family's specific needs and prevent neglect; 6.4 (2) evaluate whether an order for protection under section 518B.01 or other court order 6.5expelling an allegedly abusive household member from the home of a parent or custodian 6.6who is not alleged to be abusive will allow the child to safely remain in the home; 6.7 (3) incorporate family and community support to ensure the child's safety while keeping 6.8the family intact; and 6.9 (4) be adjusted as needed to address the child's and family's ongoing needs and support. 6.10 (c) The responsible social services agency is not required to establish a safety plan in a 6.11case with allegations of sexual abuse or egregious harm. 6.12 Subd. 3.Out-of-home placement prohibited.Unless the court finds by clear and 6.13convincing evidence that the child would be at risk of serious physical damage if the child 6.14were to remain in the child's home, a court shall not order a foster care or permanent 6.15out-of-home placement of an African American or a disproportionately represented child 6.16alleged to be in need of protection or services. At each hearing regarding an African American 6.17or a disproportionately represented child who is alleged or adjudicated to be in need of child 6.18protective services, the court shall review whether the responsible social services agency 6.19has provided active efforts to the child and the child's family and shall require the responsible 6.20social services agency to provide evidence and documentation that demonstrate that the 6.21agency is providing culturally informed, strength-based, community-involved, and 6.22community-based services to the child and the child's family. 6.23 Subd. 4.Required findings that active efforts were provided.When determining 6.24whether the responsible social services agency has made active efforts to preserve the child's 6.25family, the court shall make findings regarding whether the responsible social services 6.26agency made appropriate and meaningful services available to the child's family based upon 6.27the family's specific needs. If a court determines that the responsible social services agency 6.28did not make active efforts to preserve the family as required by this section, the court shall 6.29order the responsible social services agency to immediately provide active efforts to the 6.30child and child's family to preserve the family. 6.31 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 6.32section 20 of this act. 6Sec. 4. S0716-3 3rd EngrossmentSF716 REVISOR BD 7.1 Sec. 5. [260.641] ENSURING FREQUENT VISITATION FOR AFRICAN 7.2AMERICAN AND DISPROPORTIONATELY REPRESENTED CHILDREN IN 7.3OUT-OF-HOME PLACEMENT. 7.4 A responsible social services agency must engage in best practices related to visitation 7.5when an African American or a disproportionately represented child is in out-of-home 7.6placement. When the child is in out-of-home placement, the responsible social services 7.7agency shall make active efforts to facilitate regular and frequent visitation between the 7.8child and the child's parents or custodians, the child's siblings, and the child's relatives. If 7.9visitation is infrequent between the child and the child's parents, custodians, siblings, or 7.10relatives, the responsible social services agency shall make active efforts to increase the 7.11frequency of visitation and address any barriers to visitation. 7.12 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 7.13section 20 of this act. 7.14 Sec. 6. [260.65] NONCUSTODIAL PARENTS. 7.15 (a) Prior to the removal of an African American or a disproportionately represented child 7.16from the child's home, the responsible social services agency must make active efforts to 7.17identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives 7.18to notify the child's parent and relatives that the child is or will be placed in foster care, and 7.19provide the child's parent and relatives with a list of legal resources. The notice to the child's 7.20noncustodial or nonadjudicated parent and relatives must also include the information 7.21required under section 260C.221, subdivision 2, paragraph (b). The responsible social 7.22services agency must maintain detailed records of the agency's efforts to notify parents and 7.23relatives under this section. 7.24 (b) Notwithstanding the provisions of section 260C.219, the responsible social services 7.25agency must assess an African American or a disproportionately represented child's 7.26noncustodial or nonadjudicated parent's ability to care for the child before placing the child 7.27in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide 7.28daily care for the African American or disproportionately represented child temporarily or 7.29permanently, the court shall order that the child be placed in the home of the noncustodial 7.30or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The 7.31responsible social services agency must make active efforts to assist a noncustodial or 7.32nonadjudicated parent with remedying any issues that may prevent the child from being 7.33placed with the noncustodial or nonadjudicated parent. 7Sec. 6. S0716-3 3rd EngrossmentSF716 REVISOR BD 8.1 Sec. 7. [260.66] EMERGENCY REMOVAL. 8.2 Subdivision 1.Emergency removal or placement permitted.Nothing in this section 8.3shall be construed to prevent the emergency removal of an African American or a 8.4disproportionately represented child's parent or custodian or the emergency placement of 8.5the child in a foster setting in order to prevent imminent physical damage or harm to the 8.6child. 8.7 Subd. 2.Petition for emergency removal; placement requirements.A petition for a 8.8court order authorizing the emergency removal or continued emergency placement of an 8.9African American or a disproportionately represented child or the petition's accompanying 8.10documents must contain a statement of the risk of imminent physical damage or harm to 8.11the African American or disproportionately represented child and any evidence that the 8.12emergency removal or placement continues to be necessary to prevent imminent physical 8.13damage or harm to the child. The petition or its accompanying documents must also contain 8.14the following information: 8.15 (1) the name, age, and last known address of the child; 8.16 (2) the name and address of the child's parents and custodians, or, if unknown, a detailed 8.17explanation of efforts made to locate and contact them; 8.18 (3) the steps taken to provide notice to the child's parents and custodians about the 8.19emergency proceeding; 8.20 (4) a specific and detailed account of the circumstances that led the agency responsible 8.21for the emergency removal of the child to take that action; and 8.22 (5) a statement of the efforts that have been taken to assist the child's parents or custodians 8.23so that the child may safely be returned to their custody. 8.24 Subd. 3.Emergency proceeding requirements.(a) The court shall hold a hearing no 8.25later than 72 hours, excluding weekends and holidays, after the emergency removal of the 8.26African American or disproportionately represented child. The court shall determine whether 8.27the emergency removal continues to be necessary to prevent imminent physical damage or 8.28harm to the child and whether, after considering the child's particular circumstances, the 8.29imminent physical damage or harm to the child outweighs the harm that the child will 8.30experience as a result of continuing the emergency removal. 8.31 (b) The court shall hold additional hearings whenever new information indicates that 8.32the emergency situation has ended. The court shall consider all such new information at 8.33any court hearing after the emergency proceeding to determine whether the emergency 8Sec. 7. S0716-3 3rd EngrossmentSF716 REVISOR BD 9.1removal or placement is no longer necessary to prevent imminent physical damage or harm 9.2to the child. 9.3 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota 9.4Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American 9.5or a disproportionately represented child who is subject to an emergency hearing under this 9.6section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel 9.7appointed by the court. The court must appoint qualified counsel to represent a parent if the 9.8parent meets the eligibility requirements in section 611.17. 9.9 Subd. 4.Termination of emergency removal or placement.(a) An emergency removal 9.10or placement of an African American or a disproportionately represented child must 9.11immediately terminate once the responsible social services agency or court possesses 9.12sufficient evidence to determine that the emergency removal or placement is no longer 9.13necessary to prevent imminent physical damage or harm to the child and the child shall be 9.14immediately returned to the custody of the child's parent or custodian. The responsible social 9.15services agency or court shall ensure that the emergency removal or placement terminates 9.16immediately when the removal or placement is no longer necessary to prevent imminent 9.17physical damage or harm to the African American or disproportionately represented child. 9.18 (b) An emergency removal or placement ends when the court orders, after service upon 9.19the African American or disproportionately represented child's parents or custodian, that 9.20the child shall be placed in foster care upon a determination supported by clear and 9.21convincing evidence that custody of the child by the child's parent or custodian is likely to 9.22result in serious physical damage to the child. 9.23 (c) In no instance shall emergency removal or emergency placement of an African 9.24American or a disproportionately represented child extend beyond 30 days unless the court 9.25finds by a showing of clear and convincing evidence that: 9.26 (1) continued emergency removal or placement is necessary to prevent imminent physical 9.27damage or harm to the child; and 9.28 (2) it has not been possible to initiate a child placement proceeding with all of the 9.29protections under sections 260.61 to 260.68. 9.30 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 9.31section 20 of this act. 9Sec. 7. S0716-3 3rd EngrossmentSF716 REVISOR BD 10.1 Sec. 8. [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL 10.2CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT 10.3PROCEEDINGS. 10.4 Subdivision 1.Preference for transfer of permanent legal and physical custody.If 10.5an African American or a disproportionately represented child cannot be returned to the 10.6child's parent, the court shall consider the requirements of and responsibilities under section 10.7260.012, paragraph (a), and, if possible, transfer permanent legal and physical custody of 10.8the child to: 10.9 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot 10.10return to the care of the parent or custodian from whom the child was removed or who had 10.11legal custody at the time that the child was placed in foster care; or 10.12 (2) a willing and able relative, according to the requirements of section 260C.515, 10.13subdivision 4, if the court determines that reunification with the child's family is not an 10.14appropriate permanency option for the child. Prior to the court ordering a transfer of 10.15permanent legal and physical custody to a relative who is not a parent, the responsible social 10.16services agency must inform the relative of Northstar kinship assistance benefits and 10.17eligibility requirements, and of the relative's ability to apply for benefits on behalf of the 10.18child under chapter 256N. 10.19 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate 10.20the parental rights of a parent of an African American or a disproportionately represented 10.21child based solely on the parent's failure to complete case plan requirements. 10.22 (b) Except as provided in paragraph (c), a court shall not terminate the parental rights 10.23of a parent of an African American or a disproportionately represented child in a child 10.24placement proceeding unless the allegations against the parent involve sexual abuse; 10.25egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second, 10.26or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the 10.27first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter 10.28of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic 10.29assault by strangulation under section 609.2247; felony domestic assault under section 10.30609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and 10.31promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one 10.32or more aggravating factors are present; criminal sexual conduct under sections 609.342 to 10.33609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under 10.34section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under 10Sec. 8. S0716-3 3rd EngrossmentSF716 REVISOR BD 11.1section 609.352; possession of pornographic work involving minors under section 617.247; 11.2malicious punishment or neglect or endangerment of a child under section 609.377 or 11.3609.378; use of a minor in sexual performance under section 617.246; or failing to protect 11.4a child from an overt act or condition that constitutes egregious harm. 11.5 (c) The court may terminate the parental rights of a parent of an African American or a 11.6disproportionately represented child under section 260C.301, subdivision 1, paragraph (b), 11.7clause (4) or (6), if a transfer of permanent legal and physical custody under subdivision 1 11.8is not possible because the child has no willing or able noncustodial parent or relative to 11.9whom custody can be transferred. 11.10 (d) Nothing in this subdivision precludes the court from terminating the parental rights 11.11of a parent of an African American or a disproportionately represented child if the parent 11.12desires to voluntarily terminate the parent's own parental rights for good cause under section 11.13260C.301, subdivision 1, paragraph (a). 11.14 Subd. 3.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure, 11.15rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented 11.16child whose parental rights have been terminated may appeal the decision within 90 days 11.17of the service of notice by the court administrator of the filing of the court's order. 11.18Sec. 9. [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND 11.19CASE REVIEW. 11.20 Subdivision 1.Responsible social services agency conduct.(a) A responsible social 11.21services agency employee who has duties related to child protection shall not knowingly: 11.22 (1) make untrue statements about any case involving a child alleged to be in need of 11.23protection or services; 11.24 (2) intentionally withhold any information that may be material to a case involving a 11.25child alleged to be in need of protection or services; or 11.26 (3) fabricate or falsify any documentation or evidence relating to a case involving a child 11.27alleged to be in need of protection or services. 11.28 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse 11.29employment action. 11.30 Subd. 2.Case review.(a) Each responsible social services agency shall conduct a review 11.31of all child welfare cases for African American and other disproportionately represented 11.32children handled by the agency. Each responsible social services agency shall create a 11Sec. 9. S0716-3 3rd EngrossmentSF716 REVISOR BD 12.1summary report of trends identified under paragraphs (b) and (c), a remediation plan as 12.2provided in paragraph (d), and an update on implementation of any previous remediation 12.3plans. The first report shall be provided to the African American Child Well-Being Advisory 12.4Council, the commissioner, and the chairs and ranking minority members of the legislative 12.5committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter. 12.6For purposes of determining outcomes in this subdivision, responsible social services 12.7agencies shall use guidance from the commissioner under section 260.63, subdivision 10. 12.8The commissioner shall provide guidance starting on November 1, 2028, and annually 12.9thereafter. 12.10 (b) The case review must include: 12.11 (1) the number of African American and disproportionately represented children 12.12represented in the county child welfare system; 12.13 (2) the number and sources of maltreatment reports received and reports screened in for 12.14investigation or referred for family assessment and the race of the children and parents or 12.15custodians involved in each report; 12.16 (3) the number and race of children and parents or custodians who receive in-home 12.17preventive case management services; 12.18 (4) the number and race of children whose parents or custodians are referred to 12.19community-based, culturally appropriate, strength-based, or trauma-informed services; 12.20 (5) the number and race of children removed from their homes; 12.21 (6) the number and race of children reunified with their parents or custodians; 12.22 (7) the number and race of children whose parents or custodians are offered family group 12.23decision-making services; 12.24 (8) the number and race of children whose parents or custodians are offered the parent 12.25support outreach program; 12.26 (9) the number and race of children in foster care or out-of-home placement at the time 12.27that the data is gathered; 12.28 (10) the number and race of children who achieve permanency through a transfer of 12.29permanent legal and physical custody to a relative or an adoption; and 12.30 (11) the number and race of children who are under the guardianship of the commissioner 12.31or awaiting a permanency disposition. 12.32 (c) The required case review must also: 12Sec. 9. S0716-3 3rd EngrossmentSF716 REVISOR BD 13.1 (1) identify barriers to reunifying children with their families; 13.2 (2) identify the family conditions that led to the out-of-home placement; 13.3 (3) identify any barriers to accessing culturally informed mental health or substance use 13.4disorder treatment services for the parents or children; 13.5 (4) document efforts to identify fathers and maternal and paternal relatives and to provide 13.6services to custodial and noncustodial fathers, if appropriate; and 13.7 (5) document and summarize court reviews of active efforts. 13.8 (d) Any responsible social services agency that has a case review showing 13.9disproportionality and disparities in child welfare outcomes for African American and other 13.10disproportionately represented children and the children's families, compared to the agency's 13.11overall outcomes, must include in their case review summary report a remediation plan with 13.12measurable outcomes to identify, address, and reduce the factors that led to the 13.13disproportionality and disparities in the agency's child welfare outcomes. The remediation 13.14plan shall also include information about how the responsible social services agency will 13.15achieve and document trauma-informed, positive child well-being outcomes through 13.16remediation efforts. 13.17 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 13.18section 20 of this act. 13.19Sec. 10. [260.69] CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS 13.20WORKING WITH AFRICAN AMERICAN AND DISPROPORTIONATELY 13.21REPRESENTED CHILDREN. 13.22 Subdivision 1.Applicability.The commissioner of human services must collaborate 13.23with the Children's Justice Initiative to ensure that cultural competency training is given to 13.24individuals working in the child welfare system, including child welfare workers, supervisors, 13.25attorneys, juvenile court judges, and family law judges. 13.26 Subd. 2.Training.(a) The commissioner must develop training content and establish 13.27the frequency of trainings. 13.28 (b) The cultural competency training under this section is required prior to or within six 13.29months of beginning work with any African American or disproportionately represented 13.30child and their family. A responsible social services agency staff person who is unable to 13.31complete the cultural competency training prior to working with African American or 13.32disproportionately represented children and their families must work with a qualified staff 13Sec. 10. S0716-3 3rd EngrossmentSF716 REVISOR BD 14.1person within the agency who has completed cultural competency training until the person 14.2is able to complete the required training. The training must be available by January 1, 2027, 14.3and must: 14.4 (1) be provided by an African American individual or individual from a community that 14.5is disproportionately represented in the child welfare system who is knowledgeable about 14.6African American and other disproportionately represented social and cultural norms and 14.7historical trauma; 14.8 (2) raise awareness and increase a person's competency to value diversity, conduct a 14.9self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt 14.10to diversity and the cultural contexts of communities served; 14.11 (3) include instruction on effectively developing a safety plan and instruction on engaging 14.12a safety network; and 14.13 (4) be accessible and comprehensive and include the ability to ask questions. 14.14 (c) The training may be provided in a series of segments, either in person or online. 14.15 Subd. 3.Update.The commissioner must provide an update to the chairs and ranking 14.16minority members of the legislative committees with jurisdiction over child protection by 14.17July 1, 2027, on the rollout of the training under subdivision 1 and the content and 14.18accessibility of the training under subdivision 2. 14.19 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 14.20section 20 of this act. 14.21Sec. 11. [260.691] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY 14.22COUNCIL. 14.23 Subdivision 1.Duties.The African American Child Well-Being Advisory Council must: 14.24 (1) review annual reports related to African American children involved in the child 14.25welfare system. These reports may include but are not limited to the maltreatment, 14.26out-of-home placement, and permanency of African American children; 14.27 (2) assist in and make recommendations to the commissioner for developing strategies 14.28to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote 14.29culturally appropriate foster care and shelter or facility placement decisions and settings for 14.30African American children in need of out-of-home placement, ensure timely achievement 14.31of permanency, and improve child welfare outcomes for African American children and 14.32their families; 14Sec. 11. S0716-3 3rd EngrossmentSF716 REVISOR BD 15.1 (3) review summary reports on targeted case reviews prepared by the commissioner to 15.2ensure that responsible social services agencies meet the needs of African American children 15.3and their families. Based on data collected from those reviews, the council shall assist the 15.4commissioner with developing strategies needed to improve any identified child welfare 15.5outcomes, including but not limited to maltreatment, out-of-home placement, and permanency 15.6for African American children; 15.7 (4) assist the Cultural and Ethnic Communities Leadership Council with making 15.8recommendations to the commissioner and the legislature for public policy and statutory 15.9changes that specifically consider the needs of African American children and their families 15.10involved in the child welfare system; 15.11 (5) advise the commissioner on stakeholder engagement strategies and actions that the 15.12commissioner and responsible social services agencies may take to improve child welfare 15.13outcomes for African American children and their families; 15.14 (6) assist the commissioner with developing strategies for public messaging and 15.15communication related to racial disproportionality and disparities in child welfare outcomes 15.16for African American children and their families; 15.17 (7) assist the commissioner with identifying and developing internal and external 15.18partnerships to support adequate access to services and resources for African American 15.19children and their families, including but not limited to housing assistance, employment 15.20assistance, food and nutrition support, health care, child care assistance, and educational 15.21support and training; and 15.22 (8) assist the commissioner with developing strategies to promote the development of 15.23a culturally diverse and representative child welfare workforce in Minnesota that includes 15.24professionals who are reflective of the community served and who have been directly 15.25impacted by lived experiences within the child welfare system. The council must also assist 15.26the commissioner in exploring strategies and partnerships to address education and training 15.27needs, hiring, recruitment, retention, and professional advancement practices. 15.28 Subd. 2.Annual report.By January 1, 2026, and annually thereafter, the council shall 15.29report to the chairs and ranking minority members of the legislative committees with 15.30jurisdiction over child protection on the council's activities under subdivision 1 and other 15.31issues on which the council chooses to report. The report may include recommendations 15.32for statutory changes to improve the child protection system and child welfare outcomes 15.33for African American children and families. 15.34 EFFECTIVE DATE.This section is effective July 1, 2024. 15Sec. 11. S0716-3 3rd EngrossmentSF716 REVISOR BD 16.1 Sec. 12. [260.692] AFRICAN AMERICAN CHILD WELL-BEING UNIT. 16.2 Subdivision 1.Duties.The African American Child Well-Being Unit, currently 16.3established by the commissioner, must: 16.4 (1) assist with the development of African American cultural competency training and 16.5review child welfare curriculum in the Minnesota Child Welfare Training Academy to 16.6ensure that responsible social services agency staff and other child welfare professionals 16.7are appropriately prepared to engage with African American children and their families and 16.8to support family preservation and reunification; 16.9 (2) provide technical assistance, including on-site technical assistance, and case 16.10consultation to responsible social services agencies to assist agencies with implementing 16.11and complying with the Minnesota African American Family Preservation and Child Welfare 16.12Disproportionality Act; 16.13 (3) monitor individual county and statewide disaggregated and nondisaggregated data 16.14to identify trends and patterns in child welfare outcomes, including but not limited to 16.15reporting, maltreatment, out-of-home placement, and permanency of African American 16.16children and develop strategies to address disproportionality and disparities in the child 16.17welfare system; 16.18 (4) develop and implement a system for conducting case reviews when the commissioner 16.19receives reports of noncompliance with the Minnesota African American Family Preservation 16.20and Child Welfare Disproportionality Act or when requested by the parent or custodian of 16.21an African American child. Case reviews may include but are not limited to a review of 16.22placement prevention efforts, safety planning, case planning and service provision by the 16.23responsible social services agency, relative placement consideration, and permanency 16.24planning; 16.25 (5) establish and administer a request for proposals process for African American and 16.26disproportionately represented family preservation grants under section 260.693, monitor 16.27grant activities, and provide technical assistance to grantees; 16.28 (6) in coordination with the African American Child Well-Being Advisory Council, 16.29coordinate services and create internal and external partnerships to support adequate access 16.30to services and resources for African American children and their families, including but 16.31not limited to housing assistance, employment assistance, food and nutrition support, health 16.32care, child care assistance, and educational support and training; and 16Sec. 12. S0716-3 3rd EngrossmentSF716 REVISOR BD 17.1 (7) develop public messaging and communication to inform the public about racial 17.2disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities, 17.3and resources available to African American children and their families involved in the 17.4child welfare system. 17.5 Subd. 2.Case reviews.(a) The African American Child Well-Being Unit must conduct 17.6systemic case reviews to monitor targeted child welfare outcomes, including but not limited 17.7to maltreatment, out-of-home placement, and permanency of African American children. 17.8 (b) The reviews under this subdivision must be conducted using a random sampling of 17.9representative child welfare cases stratified for certain case related factors, including but 17.10not limited to case type, maltreatment type, if the case involves out-of-home placement, 17.11and other demographic variables. In conducting the reviews, unit staff may use court records 17.12and documents, information from the social services information system, and other available 17.13case file information to complete the case reviews. 17.14 (c) The frequency of the reviews and the number of cases, child welfare outcomes, and 17.15selected counties reviewed shall be determined by the unit in consultation with the African 17.16American Child Well-Being Advisory Council, with consideration given to the availability 17.17of unit resources needed to conduct the reviews. 17.18 (d) The unit must monitor all case reviews and use the collective case review information 17.19and data to generate summary case review reports, ensure compliance with the Minnesota 17.20African American Family Preservation and Child Welfare Disproportionality Act, and 17.21identify trends or patterns in child welfare outcomes for African American children. 17.22 (e) The unit must review information from members of the public received through the 17.23compliance and feedback portal, including policy and practice concerns related to individual 17.24child welfare cases. After assessing a case concern, the unit may determine if further 17.25necessary action should be taken, which may include coordinating case remediation with 17.26other relevant child welfare agencies in accordance with data privacy laws, including the 17.27African American Child Well-Being Advisory Council, and offering case consultation and 17.28technical assistance to the responsible local social services agency as needed or requested 17.29by the agency. 17.30 Subd. 3.Reports.(a) The African American Child Well-Being Unit must provide regular 17.31updates on unit activities, including summary reports of case reviews, to the African 17.32American Child Well-Being Advisory Council, and must publish an annual census of African 17.33American children in out-of-home placements statewide. The annual census must include 17Sec. 12. S0716-3 3rd EngrossmentSF716 REVISOR BD 18.1data on the types of placements, age and sex of the children, how long the children have 18.2been in out-of-home placements, and other relevant demographic information. 18.3 (b) The African American Child Well-Being Unit shall gather summary data about the 18.4practice and policy inquiries and individual case concerns received through the compliance 18.5and feedback portal under subdivision 2, paragraph (e). The unit shall provide regular reports 18.6of the nonidentifying compliance and feedback portal summary data to the African American 18.7Child Well-Being Advisory Council to identify child welfare trends and patterns to assist 18.8with developing policy and practice recommendations to support eliminating disparity and 18.9disproportionality for African American children. 18.10 EFFECTIVE DATE.This section is effective July 1, 2024. 18.11Sec. 13. [260.693] AFRICAN AMERICAN AND DISPROPORTIONATELY 18.12REPRESENTED FAMILY PRESERVATION GRANTS. 18.13 Subdivision 1.Primary support grants.The commissioner shall establish direct grants 18.14to organizations, service providers, and programs owned and led by African Americans and 18.15other individuals from communities disproportionately represented in the child welfare 18.16system to provide services and support for African American and disproportionately 18.17represented children and their families involved in Minnesota's child welfare system, 18.18including supporting existing eligible services and facilitating the development of new 18.19services and providers, to create a more expansive network of service providers available 18.20for African American and disproportionately represented children and their families. 18.21 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but 18.22are not limited to: 18.23 (1) child out-of-home placement prevention and reunification services; 18.24 (2) family-based services and reunification therapy; 18.25 (3) culturally specific individual and family counseling; 18.26 (4) court advocacy; 18.27 (5) training for and consultation to responsible social services agencies and private social 18.28services agencies regarding this act; 18.29 (6) development and promotion of culturally informed, affirming, and responsive 18.30community-based prevention and family preservation services that target the children, youth, 18.31families, and communities of African American and African heritage experiencing the 18Sec. 13. S0716-3 3rd EngrossmentSF716 REVISOR BD 19.1highest disparities, disproportionality, and overrepresentation in the Minnesota child welfare 19.2system; 19.3 (7) culturally affirming and responsive services that work with children and families in 19.4their communities to address their needs and ensure child and family safety and well-being 19.5within a culturally appropriate lens and framework; 19.6 (8) services to support informal kinship care arrangements; and 19.7 (9) other activities and services approved by the commissioner that further the goals of 19.8the Minnesota African American Family Preservation and Child Welfare Disproportionality 19.9Act, including but not limited to the recruitment of African American staff and staff from 19.10other communities disproportionately represented in the child welfare system to work for 19.11responsible social services agencies and licensed child-placing agencies. 19.12 (b) The commissioner may specify the priority of an activity and service based on its 19.13success in furthering these goals. The commissioner shall give preference to programs and 19.14service providers that are located in or serve counties with the highest rates of child welfare 19.15disproportionality for African American and other disproportionately represented children 19.16and their families and employ staff who represent the population primarily served. 19.17 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for 19.18existing services or for the following purposes: 19.19 (1) child day care that is necessary solely because of the employment or training for 19.20employment of a parent or another relative with whom the child is living; 19.21 (2) foster care maintenance or difficulty of care payments; 19.22 (3) residential treatment facility payments; 19.23 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A 19.24or 256N; 19.25 (5) public assistance payments for Minnesota family investment program assistance, 19.26supplemental aid, medical assistance, general assistance, general assistance medical care, 19.27or community health services; or 19.28 (6) administrative costs for income maintenance staff. 19.29 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants 19.30under subdivisions 1, 2, and 3 and specify the information and criteria required. 19.31 EFFECTIVE DATE.This section is effective July 1, 2024. 19Sec. 13. S0716-3 3rd EngrossmentSF716 REVISOR BD 20.1 Sec. 14. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read: 20.2 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated 20.3under a previous order of the court, a child who is ten years of age or older, the responsible 20.4social services agency, or a guardian ad litem may file a petition for the reestablishment of 20.5the legal parent and child relationship. A parent filing a petition under this section shall pay 20.6a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The 20.7filing fee may be waived pursuant to chapter 563. A petition for the reestablishment of the 20.8legal parent and child relationship may be filed when: 20.9 (1) in cases where the county attorney is the petitioning party, both the responsible social 20.10services agency and the county attorney agree that reestablishment of the legal parent and 20.11child relationship is in the child's best interests; 20.12 (2) (1) the parent has corrected the conditions that led to an order terminating parental 20.13rights; 20.14 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain 20.15the health, safety, and welfare of the child; 20.16 (4) (3) the child has been in foster care for at least 48 24 months after the court issued 20.17the order terminating parental rights; 20.18 (5) (4) the child has not been adopted; and 20.19 (6) (5) the child is not the subject of a written adoption placement agreement between 20.20the responsible social services agency and the prospective adoptive parent, as required under 20.21Minnesota Rules, part 9560.0060, subpart 2. 20.22 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 20.23section 20 of this act. 20.24Sec. 15. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read: 20.25 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the 20.26legal parent and child relationship only if it finds by clear and convincing evidence that: 20.27 (1) reestablishment of the legal parent and child relationship is in the child's best interests; 20.28 (2) the child has not been adopted; 20.29 (3) the child is not the subject of a written adoption placement agreement between the 20.30responsible social services agency and the prospective adoptive parent, as required under 20.31Minnesota Rules, part 9560.0060, subpart 2; 20Sec. 15. S0716-3 3rd EngrossmentSF716 REVISOR BD 21.1 (4) at least 48 24 months have elapsed following a final order terminating parental rights 21.2and the child remains in foster care; 21.3 (5) the child desires to reside with the parent; 21.4 (6) the parent has corrected the conditions that led to an order terminating parental rights; 21.5and 21.6 (7) the parent is willing and has the capability to provide day-to-day care and maintain 21.7the health, safety, and welfare of the child. 21.8 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 21.9section 20 of this act. 21.10Sec. 16. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; 21.11DISAGGREGATE DATA. 21.12 The commissioner of human services must establish a process to improve the 21.13disaggregation of data to monitor child welfare outcomes for African American and other 21.14disproportionately represented children in the child welfare system. The commissioner must 21.15begin disaggregating data by January 1, 2027. 21.16 EFFECTIVE DATE.This section is effective July 1, 2026. 21.17Sec. 17. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL. 21.18 The commissioner of human services shall develop, maintain, and administer a publicly 21.19accessible online compliance and feedback portal to receive reports of noncompliance with 21.20the Minnesota African American Family Preservation and Child Welfare Disproportionality 21.21Act under Minnesota Statutes, sections 260.61 to 260.693, and other statutes related to child 21.22maltreatment, safety, and placement. Reports received through the portal must be transferred 21.23for review and further action to the appropriate unit or department within the Department 21.24of Human Services, including but not limited to the African American Child Well-Being 21.25Unit. 21.26 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 21.27section 20 of this act. 21.28Sec. 18. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS 21.29IN FOSTER CARE BEST PRACTICES. 21.30 The commissioner of human services shall develop and publish guidance on best practices 21.31for ensuring that African American and disproportionately represented children in foster 21Sec. 18. S0716-3 3rd EngrossmentSF716 REVISOR BD 22.1care maintain connections and relationships with their parents, custodians, and extended 22.2relatives. The commissioner shall also develop and publish best practice guidance on 22.3engaging and assessing noncustodial and nonadjudicated parents to care for their African 22.4American or disproportionately represented children who cannot remain with the children's 22.5custodial parents. 22.6 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under 22.7section 20 of this act. 22.8 Sec. 19. DIRECTION TO THE COMMISSIONER; COMPLIANCE SYSTEM 22.9REVIEW DEVELOPMENT . 22.10 (a) By January 1, 2026, the commissioner of human services, in consultation with counties 22.11and the working group established under section 21 of this act, must develop a system to 22.12review county compliance with the Minnesota African American Family Preservation and 22.13Child Welfare Disproportionality Act. The system may include, but is not limited to, the 22.14cases to be reviewed, the criteria to be reviewed to demonstrate compliance, the rate of 22.15noncompliance and the coordinating penalty, the program improvement plan, and training. 22.16 (b) By January 1, 2026, the commissioner of human services must provide a report to 22.17the chairs and ranking minority members of the legislative committees with jurisdiction 22.18over child welfare on the proposed compliance system review process and language to 22.19codify that process in statute. 22.20 EFFECTIVE DATE.This section is effective July 1, 2024. 22.21Sec. 20. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND 22.22CHILD WELFARE DISPROPORTIONALITY ACT; PHASE-IN PROGRAMS. 22.23 (a) The commissioner of human services must establish a phase-in program that 22.24implements sections 1 to 18 in Hennepin and Ramsey Counties. 22.25 (b) The commissioner of human services must report on the outcomes of the phase-in 22.26program, including the number of participating families, the rate of children in out-of-home 22.27placement, and the measures taken to prevent out-of-home placement for each participating 22.28family to the chairs and ranking minority members of the legislative committees with 22.29jurisdiction over child welfare. 22.30 (c) Sections 1 to 18 are effective July 1, 2024, for purposes of this phase-in program. 22.31 (d) This section expires July 1, 2027. 22Sec. 20. S0716-3 3rd EngrossmentSF716 REVISOR BD 23.1 EFFECTIVE DATE.This section is effective July 1, 2024. 23.2 Sec. 21. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND 23.3CHILD WELFARE DISPROPORTIONALITY ACT; WORKING GROUP. 23.4 (a) The commissioner of human services must establish a working group to provide 23.5guidance and oversight for the Minnesota African American Family Preservation and Child 23.6Welfare Disproportionality Act phase-in programs in Hennepin and Ramsey Counties. 23.7 (b) The members of the working group must include representatives from the Minnesota 23.8Association of County Social Service Administrators, the Association of Minnesota Counties, 23.9Hennepin County, Ramsey County, the Department of Human Services, and community 23.10organizations with experience in child welfare. The legislature may provide recommendations 23.11to the commissioner on the selection of the representatives from the community organizations. 23.12 (c) The working group must provide oversight of the phase-in program and evaluate the 23.13cost of the phase-in program. The working group must also assess future costs of 23.14implementing the Minnesota African American Family Preservation and Child Welfare 23.15Disproportionality Act statewide. 23.16 (d) By June 30, 2026, the working group must develop an implementation plan and best 23.17practices for the Minnesota African American Family Preservation and Child Welfare 23.18Disproportionality Act to go into effect statewide. 23.19 EFFECTIVE DATE.This section is effective July 1, 2024. 23.20Sec. 22. APPROPRIATIONS; MINNESOTA AFRICAN AMERICAN FAMILY 23.21PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT. 23.22 (a) $5,000,000 in fiscal year 2025 is appropriated from the general fund to the 23.23commissioner of human services for grants to Hennepin and Ramsey Counties to implement 23.24the Minnesota African American Family Preservation and Child Welfare Disproportionality 23.25Act phase-in programs. This is a onetime appropriation and is available until June 30, 2026. 23.26 (b) $1,000,000 in fiscal year 2025 is appropriated from the general fund to the 23.27commissioner of human services for the African American and disproportionately represented 23.28family preservation grant program under Minnesota Statutes, section 260.693. 23.29Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for 23.30administrative costs under this paragraph is $0. 23.31 (c) $1,967,000 in fiscal year 2025 is appropriated from the general fund to the 23.32commissioner of human services to implement the African American Family Preservation 23Sec. 22. S0716-3 3rd EngrossmentSF716 REVISOR BD 24.1and Child Welfare Disproportionality Act. The base for this appropriation is $3,451,000 in 24.2fiscal year 2026 and $3,310,000 in fiscal year 2027. 24Sec. 22. S0716-3 3rd EngrossmentSF716 REVISOR BD