Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF716 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to human services; establishing the Minnesota African American Family
3	3		1.3 Preservation and Child Welfare Disproportionality Act; modifying child welfare
4	4		1.4 provisions; requiring reports; appropriating money; amending Minnesota Statutes
5	5		1.5 2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in
6	6		1.6 Minnesota Statutes, chapter 260.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. [260.61] CITATION.
9	9		1.9 Sections 260.61 to 260.693 may be cited as the "Minnesota African American Family
10	10		1.10Preservation and Child Welfare Disproportionality Act."
11		-	1.11 EFFECTIVE DATE.This section is effective ~~January~~ 1, ~~2027~~, except as provided
12		-	1.~~12under section~~ 20.
	11	+	1.11 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	12	+	1.12section 20.
13	13		1.13 Sec. 2. [260.62] PURPOSES.
14	14		1.14 (a) The purposes of the Minnesota African American Family Preservation and Child
15	15		1.15Welfare Disproportionality Act are to:
16	16		1.16 (1) protect the best interests of African American and disproportionately represented
17	17		1.17children;
18	18		1.18 (2) promote the stability and security of African American and disproportionately
19	19		1.19represented children and their families by establishing minimum standards to prevent the
20	20		1.20arbitrary and unnecessary removal of African American and disproportionately represented
21	21		1.21children from their families; and
22	22		1Sec. 2.
23		-	S0716-~~5 5th~~ EngrossmentSF716 REVISOR BD
	23	+	S0716-4 4th EngrossmentSF716 REVISOR BD
24	24		SENATE
25	25		STATE OF MINNESOTA
26	26		S.F. No. 716NINETY-THIRD SESSION
27	27		(SENATE AUTHORS: CHAMPION, Kunesh, Murphy, Maye Quade and Abeler)
28	28		OFFICIAL STATUSD-PGDATE
29	29		Introduction and first reading37601/25/2023
30	30		Referred to Health and Human Services
31	31		Author added Kunesh57502/01/2023
32	32		Author added Murphy1155902/12/2024
33	33		Author added Maye Quade1165902/19/2024
34	34		Author added Abeler1206403/07/2024
35	35		Comm report: To pass as amended and re-refer to Judiciary and Public Safety12368a03/18/2024
36	36		Comm report: To pass as amended and re-refer to Finance12898a04/02/2024
37	37		Comm report: To pass as amended1643705/07/2024
38	38		Second reading16460
39		-	Special Order: Amended16636a05/09/2024
40		-	Third reading Passed16637
41		-	Returned from House with amendment1727005/15/2024
42		-	Senate not concur, conference committee of 3 requested17270
43		-	Senate conferees Champion; Oumou Verbeten; Abeler17271
44		-	House conferees Agbaje; Hudson; Hollins1730205/17/2024
45		-	Conference committee report, delete everything17559c
46		-	Senate adopted CC report and repassed bill17579
47		-	Third reading17579
48		-	Presentment date 05/18/24 2.1 (3) improve permanency outcomes, including family reunification, for African American
	39	+	Special Order: Amended05/09/2024
	40	+	Third reading Passed 2.1 (3) improve permanency outcomes, including family reunification, for African American
49	41		2.2and disproportionately represented children.
50	42		2.3 (b) Nothing in this legislation is intended to interfere with the protections of the Indian
51	43		2.4Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the
52		-	2.5Minnesota Indian Family Preservation Act, sections 260.751 to 260.835. The federal Indian
53		-	2.6Child Welfare Act and the Minnesota Indian Family Preservation Act apply in any child
54		-	2.7placement proceeding, as defined in section 260.755, subdivision 3, involving an Indian
55		-	2.8child, as defined in section 260.755, subdivision 8.
56		-	2.9 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
57		-	2.10under section 20.
58		-	2.11 Sec. 3. [260.63] DEFINITIONS.
59		-	2.12 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.693.
60		-	2.13 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
61		-	2.14that the responsible social services agency must continuously make throughout the time
62		-	2.15that the responsible social services agency is involved with an African American or a
63		-	2.16disproportionately represented child and the child's family. To provide active efforts to
64		-	2.17preserve an African American or a disproportionately represented child's family, the
65		-	2.18responsible social services agency must continuously involve an African American or a
66		-	2.19disproportionately represented child's family in all services for the family, including case
67		-	2.20planning and choosing services and providers, and inform the family of the ability to file a
68		-	2.21report of noncompliance with this act with the commissioner through the child welfare
69		-	2.22compliance and feedback portal. When providing active efforts, a responsible social services
70		-	2.23agency must consider an African American or a disproportionately represented child's
71		-	2.24family's social and cultural values at all times while providing services to the African
72		-	2.25American or disproportionately represented child and the child's family. Active efforts
73		-	2.26includes continuous efforts to preserve an African American or a disproportionately
74		-	2.27represented child's family and to prevent the out-of-home placement of an African American
75		-	2.28or a disproportionately represented child. If an African American or a disproportionately
76		-	2.29represented child enters out-of-home placement, the responsible social services agency must
77		-	2.30make active efforts to reunify the African American or disproportionately represented child
78		-	2.31with the child's family as soon as possible. Active efforts sets a higher standard for the
79		-	2.32responsible social services agency than reasonable efforts to preserve the child's family,
80		-	2.33prevent the child's out-of-home placement, and reunify the child with the child's family.
	44	+	2.5Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
	45	+	2.6 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	46	+	2.7section 20.
	47	+	2.8 Sec. 3. [260.63] DEFINITIONS.
	48	+	2.9 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.693.
	49	+	2.10 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
	50	+	2.11that the responsible social services agency must continuously make throughout the time
	51	+	2.12that the responsible social services agency is involved with an African American or a
	52	+	2.13disproportionately represented child and the child's family. To provide active efforts to
	53	+	2.14preserve an African American or a disproportionately represented child's family, the
	54	+	2.15responsible social services agency must continuously involve an African American or a
	55	+	2.16disproportionately represented child's family in all services for the family, including case
	56	+	2.17planning and choosing services and providers, and inform the family of the ability to file a
	57	+	2.18report of noncompliance with this act with the commissioner through the child welfare
	58	+	2.19compliance and feedback portal. When providing active efforts, a responsible social services
	59	+	2.20agency must consider an African American or a disproportionately represented child's
	60	+	2.21family's social and cultural values at all times while providing services to the African
	61	+	2.22American or disproportionately represented child and the child's family. Active efforts
	62	+	2.23includes continuous efforts to preserve an African American or a disproportionately
	63	+	2.24represented child's family and to prevent the out-of-home placement of an African American
	64	+	2.25or a disproportionately represented child. If an African American or a disproportionately
	65	+	2.26represented child enters out-of-home placement, the responsible social services agency must
	66	+	2.27make active efforts to reunify the African American or disproportionately represented child
	67	+	2.28with the child's family as soon as possible. Active efforts sets a higher standard for the
	68	+	2.29responsible social services agency than reasonable efforts to preserve the child's family,
	69	+	2.30prevent the child's out-of-home placement, and reunify the child with the child's family.
	70	+	2.31Active efforts includes the provision of reasonable efforts as required by Title IV-E of the
	71	+	2.32Social Security Act, United States Code, title 42, sections 670 to 679c.
	72	+	2.33 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
	73	+	2.34of an African American or a disproportionately represented child made by the responsible
81	74		2Sec. 3.
82		-	S0716-~~5 5th~~ EngrossmentSF716 REVISOR BD 3.~~1Active efforts includes the provision of reasonable efforts as required by Title IV-E of~~ the
83		-	3.~~2Social Security Act~~, ~~United States Code~~, ~~title 42, sections 670 to 679c.~~
84		-	3.~~3 Subd~~. 3.~~Adoptive placement."Adoptive placement" means the permanent placement~~
85		-	3.~~4of an~~ African American or a ~~disproportionately represented~~ child ~~made by the responsible~~
86		-	3.~~5social services agency upon a fully executed adoption placement agreement~~, including ~~the~~
87		-	3.~~6signatures of the adopting~~ parent~~, the responsible social services agency,~~ ~~and the~~
88		-	3.~~7commissioner~~ of ~~human services according to section 260C.613, subdivision 1~~.
89		-	3.8 Subd. 4.African American ~~child."African American child" means a person under 18~~
90		-	3.~~9years~~ of ~~age having origins in Africa, including a child of two~~ or ~~more races who has at~~
91		-	3.~~10least one parent with origins in Africa. Whether~~ a ~~child or parent has origins in Africa is~~
92		-	3.~~11based upon self-identification~~ or ~~identification of the~~ child's ~~origins by the parent or guardian.~~
93		-	3.~~12 Subd~~. 5.Best interests ~~of the African American or disproportionately represented~~
94		-	3.~~13child.The "best interests of~~ the African American or disproportionately represented child"
95		-	3.~~14means providing a culturally informed practice lens that acknowledges~~, ~~utilizes~~, and ~~embraces~~
96		-	3.~~15the African American or disproportionately represented child's community and cultural~~
97		-	3.~~16norms and allows the child to remain safely at home with the child's family. The best interests~~
98		-	3.~~17of the African American or disproportionately represented child support the child's sense~~
99		-	3.~~18of belonging to the child's family, extended family, kin, and cultural community.~~
100		-	3.19 ~~Subd. 6.Child~~ placement ~~proceeding.(a) "Child placement proceeding" means any~~
101		-	3.~~20judicial proceeding that could result in:~~
102		-	3.21 (1) ~~an adoptive~~ placement;
103		-	3.~~22 (2)~~ a ~~foster care~~ placement;
104		-	3.23 (3) a ~~preadoptive placement~~; or
105		-	3.24 (4) a ~~termination~~ of ~~parental rights~~.
106		-	3.25 ~~(b) Judicial proceedings under this subdivision include a child's placement based upon~~
107		-	3.~~26a child~~'s ~~juvenile status offense but do not include a child's placement based upon:~~
108		-	3.27 ~~(1) an act which if committed by an adult would be deemed~~ a ~~crime; or~~
109		-	3.~~28 (2)~~ an ~~award of child custody in~~ a ~~divorce proceeding to one of the~~ child~~'s parents.~~
110		-	3.~~29 Subd.~~ ~~7.Commissioner."Commissioner" means the commissioner of human services~~
111		-	3.~~30or the commissioner's designee.~~
112		-	3.~~31 Subd. 8.Custodian."Custodian" means any~~ person who is ~~under~~ a ~~legal obligation to~~
113		-	3.~~32provide care and support for an African American~~ or ~~a disproportionately represented child,~~
	75	+	S0716-4 4th EngrossmentSF716 REVISOR BD 3.1social services agency upon a fully executed adoption placement agreement, including the
	76	+	3.2signatures of the adopting parent, the responsible social services agency, and the
	77	+	3.3commissioner of human services according to section 260C.613, subdivision 1.
	78	+	3.4 Subd. 4.African American child."African American child" means a child having
	79	+	3.5origins in Africa, including a child of two or more races who has at least one parent with
	80	+	3.6origins in Africa. Whether a child or parent has origins in Africa is based upon
	81	+	3.7self-identification or identification of the child's origins by the parent or guardian.
	82	+	3.8 Subd. 5.Best interests of the African American or disproportionately represented
	83	+	3.9child.The "best interests of the African American or disproportionately represented child"
	84	+	3.10means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
	85	+	3.11the African American or disproportionately represented child's community and cultural
	86	+	3.12norms and allows the child to remain safely at home with the child's family. The best interests
	87	+	3.13of the African American or disproportionately represented child support the child's sense
	88	+	3.14of belonging to the child's family, extended family, kin, and cultural community.
	89	+	3.15 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
	90	+	3.16judicial proceeding that could result in:
	91	+	3.17 (1) an adoptive placement;
	92	+	3.18 (2) a foster care placement;
	93	+	3.19 (3) a preadoptive placement; or
	94	+	3.20 (4) a termination of parental rights.
	95	+	3.21 (b) Judicial proceedings under this subdivision include a child's placement based upon
	96	+	3.22a child's juvenile status offense but do not include a child's placement based upon:
	97	+	3.23 (1) an act which if committed by an adult would be deemed a crime; or
	98	+	3.24 (2) an award of child custody in a divorce proceeding to one of the child's parents.
	99	+	3.25 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
	100	+	3.26or the commissioner's designee.
	101	+	3.27 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
	102	+	3.28provide care and support for an African American or a disproportionately represented child,
	103	+	3.29or who is in fact providing daily care and support for an African American or a
	104	+	3.30disproportionately represented child. This subdivision does not impose a legal obligation
	105	+	3.31upon a person who is not otherwise legally obligated to provide a child with necessary food,
	106	+	3.32clothing, shelter, education, or medical care.
114	107		3Sec. 3.
115		-	S0716-5 5th EngrossmentSF716 REVISOR BD 4.1or who is in fact providing daily care and support for an African American or a
116		-	4.2disproportionately represented child. This subdivision does not impose a legal obligation
117		-	4.3upon a person who is not otherwise legally obligated to provide a child with necessary food,
118		-	4.4clothing, shelter, education, or medical care.
119		-	4.5 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
120		-	4.6African American children and other disproportionately represented children in Minnesota's
121		-	4.7child welfare system population as compared to the representation of those children in
122		-	4.8Minnesota's total child population.
123		-	4.9 Subd. 10.Disproportionately represented child."Disproportionately represented child"
124		-	4.10means a person who is under the age of 18 and who is a member of a community whose
125		-	4.11race, culture, ethnicity, disability status, or low-income socioeconomic status is
126		-	4.12disproportionately encountered, engaged, or identified in the child welfare system as
127		-	4.13compared to the representation in the state's total child population, as determined on an
128		-	4.14annual basis by the commissioner. A child's race, culture, or ethnicity is determined based
129		-	4.15upon a child's self-identification or identification of a child's race, culture, or ethnicity as
130		-	4.16reported by the child's parent or guardian.
131		-	4.17 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
132		-	4.18subdivision 5.
133		-	4.19 Subd. 12.Foster care placement."Foster care placement" means the temporary
134		-	4.20placement of an African American or a disproportionately represented child in foster care
135		-	4.21as defined in section 260C.007, subdivision 18, following the court-ordered removal of the
136		-	4.22child when the parent or legal custodian cannot have the child returned upon demand.
137		-	4.23 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm"
138		-	4.24means that a child is threatened with immediate and present conditions that are
139		-	4.25life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
140		-	4.26The existence of community or family poverty, isolation, single parenthood, age of the
141		-	4.27parent, crowded or inadequate housing, substance use, prenatal drug or alcohol exposure,
142		-	4.28mental illness, disability or special needs of the parent or child, or nonconforming social
143		-	4.29behavior does not by itself constitute imminent physical damage or harm.
144		-	4.30 Subd. 14.Responsible social services agency."Responsible social services agency"
145		-	4.31has the meaning given in section 260C.007, subdivision 27a.
146		-	4.32 Subd. 15.Parent."Parent" means the biological parent of an African American or a
147		-	4.33disproportionately represented child or any person who has legally adopted an African
148		-	4.34American or a disproportionately represented child. Parent includes an unmarried father
	108	+	S0716-4 4th EngrossmentSF716 REVISOR BD 4.1 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
	109	+	4.2African American children and other disproportionately represented children in Minnesota's
	110	+	4.3child welfare system population as compared to the representation of those children in
	111	+	4.4Minnesota's total child population.
	112	+	4.5 Subd. 10.Disproportionately represented child."Disproportionately represented child"
	113	+	4.6means an unmarried person who is under the age of 18 and who is a member of a community
	114	+	4.7whose race, culture, ethnicity, disability status, or low-income socioeconomic status is
	115	+	4.8disproportionately encountered, engaged, or identified in the child welfare system as
	116	+	4.9compared to the representation in the state's total child population, as determined on an
	117	+	4.10annual basis by the commissioner. A child's race, culture, or ethnicity is determined based
	118	+	4.11upon a child's self-identification or identification of a child's race, culture, or ethnicity as
	119	+	4.12reported by the child's parent or guardian.
	120	+	4.13 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
	121	+	4.14subdivision 5.
	122	+	4.15 Subd. 12.Foster care placement."Foster care placement" means the temporary
	123	+	4.16placement of an African American or a disproportionately represented child in foster care
	124	+	4.17as defined in section 260C.007, subdivision 18, following the court-ordered removal of the
	125	+	4.18child when the parent or legal custodian cannot have the child returned upon demand.
	126	+	4.19 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm"
	127	+	4.20means that a child is threatened with immediate and present conditions that are
	128	+	4.21life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
	129	+	4.22 Subd. 14.Responsible social services agency."Responsible social services agency"
	130	+	4.23has the meaning given in section 260C.007, subdivision 27a.
	131	+	4.24 Subd. 15.Parent."Parent" means the biological parent of an African American or a
	132	+	4.25disproportionately represented child or any person who has legally adopted an African
	133	+	4.26American or a disproportionately represented child. Parent includes an unmarried father
	134	+	4.27whose paternity has been acknowledged or established and a putative father. Paternity has
	135	+	4.28been acknowledged when an unmarried father takes any action to hold himself out as the
	136	+	4.29biological father of a child.
	137	+	4.30 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
	138	+	4.31services agency's placement of an African American or a disproportionately represented
	139	+	4.32child when the child is under the guardianship of the commissioner for the purpose of
	140	+	4.33adoption but an adoptive placement agreement for the child has not been fully executed.
149	141		4Sec. 3.
150		-	S0716-5 5th EngrossmentSF716 REVISOR BD 5.1whose paternity has been acknowledged or established and a putative father. Paternity has
151		-	5.2been acknowledged when an unmarried father takes any action to hold himself out as the
152		-	5.3biological father of a child.
153		-	5.4 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
154		-	5.5services agency's placement of an African American or a disproportionately represented
155		-	5.6child when the child is under the guardianship of the commissioner for the purpose of
156		-	5.7adoption but an adoptive placement agreement for the child has not been fully executed.
157		-	5.8 Subd. 17.Relative."Relative" has the meaning given in section 260C.007, subdivision
158		-	5.927.
159		-	5.10 Subd. 18.Safety network."Safety network" means a group of individuals identified by
160		-	5.11the parent and child, when appropriate, that is accountable for developing, implementing,
161		-	5.12sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
162		-	5.13child.
163		-	5.14 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
164		-	5.15subdivision 20.
165		-	5.16 Subd. 20.Termination of parental rights."Termination of parental rights" means an
166		-	5.17action resulting in the termination of the parent-child relationship under section 260C.301.
167		-	5.18 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
168		-	5.19under section 20.
169		-	5.20 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
170		-	5.21PROMOTE FAMILY REUNIFICATION.
171		-	5.22 Subdivision 1.Active efforts.A responsible social services agency shall make active
172		-	5.23efforts to prevent the out-of-home placement of an African American or a disproportionately
173		-	5.24represented child, eliminate the need for a child's removal from the child's home, and reunify
174		-	5.25an African American or a disproportionately represented child with the child's family as
175		-	5.26soon as practicable.
176		-	5.27 Subd. 2.Safety plan.(a) Prior to petitioning the court to remove an African American
177		-	5.28or a disproportionately represented child from the child's home under section 260.66, a
178		-	5.29responsible social services agency must work with the child's family to allow the child to
179		-	5.30remain in the child's home while implementing a safety plan based on the family's needs.
180		-	5.31The responsible social services agency must:
	142	+	S0716-4 4th EngrossmentSF716 REVISOR BD 5.1 Subd. 17.Relative."Relative" has the meaning given in section 260C.007, subdivision
	143	+	5.227.
	144	+	5.3 Subd. 18.Safety network."Safety network" means a group of individuals identified by
	145	+	5.4the parent and child, when appropriate, that is accountable for developing, implementing,
	146	+	5.5sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
	147	+	5.6child.
	148	+	5.7 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
	149	+	5.8subdivision 20.
	150	+	5.9 Subd. 20.Termination of parental rights."Termination of parental rights" means an
	151	+	5.10action resulting in the termination of the parent-child relationship under section 260C.301.
	152	+	5.11 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	153	+	5.12section 20.
	154	+	5.13 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
	155	+	5.14PROMOTE FAMILY REUNIFICATION.
	156	+	5.15 Subdivision 1.Active efforts.A responsible social services agency shall make active
	157	+	5.16efforts to prevent the out-of-home placement of an African American or a disproportionately
	158	+	5.17represented child, eliminate the need for a child's removal from the child's home, and reunify
	159	+	5.18an African American or a disproportionately represented child with the child's family as
	160	+	5.19soon as practicable.
	161	+	5.20 Subd. 2.Safety plan.(a) Prior to petitioning the court to remove an African American
	162	+	5.21or a disproportionately represented child from the child's home under section 260.66, a
	163	+	5.22responsible social services agency must work with the child's family to allow the child to
	164	+	5.23remain in the child's home while implementing a safety plan based on the family's needs.
	165	+	5.24The responsible social services agency must:
	166	+	5.25 (1) make active efforts to engage the child's parent or custodian and the child, when
	167	+	5.26appropriate;
	168	+	5.27 (2) assess the family's cultural and economic needs and, if applicable, needs and services
	169	+	5.28related to the child's disability;
	170	+	5.29 (3) hold a family group consultation meeting and connect the family with supports to
	171	+	5.30establish a safety network for the family; and
	172	+	5.31 (4) provide support, guidance, and input to assist the family and the family's safety
	173	+	5.32network with developing the safety plan.
181	174		5Sec. 4.
182		-	S0716-~~5 5th~~ EngrossmentSF716 REVISOR BD 6.1 (1) ~~make active efforts to engage~~ the ~~child's parent or custodian and the child, when~~
183		-	6.~~2appropriate;~~
184		-	6.~~3 (2) assess~~ the ~~family's cultural~~ and ~~economic needs and,~~ ~~if applicable, needs and services~~
185		-	6.~~4related to~~ the child's ~~disability~~;
186		-	6.5 (3) ~~hold a family group consultation meeting and connect the family with supports to~~
187		-	6.~~6establish~~ a ~~safety network for the family; and~~
188		-	6.~~7 (4) provide support, guidance, and input~~ to ~~assist~~ the ~~family and~~ the ~~family's safety~~
189		-	6.~~8network with developing~~ the safety ~~plan.~~
190		-	6.~~9 (b) The safety plan must:~~
191		-	6.10 (1) address ~~the specific allegations impacting~~ the child's ~~safety in the home~~. ~~If neglect~~
192		-	6.~~11is alleged,~~ the safety plan ~~must incorporate economic services and supports for the child~~
193		-	6.~~12and the child's family,~~ ~~if eligible,~~ ~~to address the family's specific needs and prevent neglect~~;
194		-	6.13 (2) ~~incorporate family and community support~~ to ~~ensure the child's~~ safety ~~while keeping~~
195		-	6.~~14the family intact~~; ~~and~~
196		-	6.~~15 (3) be adjusted as needed to address the child's and family's ongoing needs and support.~~
197		-	6.16 (c) The ~~responsible social services agency~~ is ~~not required~~ to ~~establish a safety plan:~~
198		-	6.~~17 (1) in a case with allegations of sexual abuse or egregious harm;~~
199		-	6.18 ~~(2) when~~ the ~~parent is not willing to follow a safety plan;~~
200		-	6.~~19 (3) when the parent has abandoned~~ the child ~~or is unavailable to follow a safety plan;~~
201		-	6.~~20or~~
202		-	6.~~21 (4) when the parent has chronic substance use disorder issues and is unable to parent~~
203		-	6.~~22the child~~.
204		-	6.~~23 Subd.~~ ~~3.Out-~~of~~-home placement prohibited.Unless the court finds by clear and~~
205		-	6.~~24convincing evidence that~~ the ~~child would be at risk of serious emotional damage or serious~~
206		-	6.~~25physical damage if~~ the child ~~were to remain in~~ the child's ~~home, a court~~ shall ~~not order a~~
207		-	6.~~26foster care or permanent out-of-home placement of an African American or a~~
208		-	6.~~27disproportionately represented child alleged to be in need of protection or services. At each~~
209		-	6.~~28hearing regarding an African American or a disproportionately represented~~ child ~~who is~~
210		-	6.~~29alleged or adjudicated to be in need of child protective services, the court shall review~~
211		-	6.30whether the responsible social services agency has ~~provided~~ active efforts to the child ~~and~~
212		-	6.~~31the child's family and~~ shall ~~require~~ the responsible social services ~~agency to provide evidence~~
213		-	6.~~32and documentation that demonstrate that~~ the ~~agency is providing culturally informed,~~
	175	+	S0716-4 4th EngrossmentSF716 REVISOR BD 6.1 (b) The safety plan must:
	176	+	6.2 (1) address the specific allegations impacting the child's safety in the home. If neglect
	177	+	6.3is alleged, the safety plan must incorporate economic services and supports for the child
	178	+	6.4and the child's family, if eligible, to address the family's specific needs and prevent neglect;
	179	+	6.5 (2) evaluate whether an order for protection under section 518B.01 or other court order
	180	+	6.6expelling an allegedly abusive household member from the home of a parent or custodian
	181	+	6.7who is not alleged to be abusive will allow the child to safely remain in the home;
	182	+	6.8 (3) incorporate family and community support to ensure the child's safety while keeping
	183	+	6.9the family intact; and
	184	+	6.10 (4) be adjusted as needed to address the child's and family's ongoing needs and support.
	185	+	6.11 (c) The responsible social services agency is not required to establish a safety plan:
	186	+	6.12 (1) in a case with allegations of sexual abuse or egregious harm;
	187	+	6.13 (2) when the parent is not willing to follow a safety plan;
	188	+	6.14 (3) when the parent has abandoned the child or is unavailable to follow a safety plan;
	189	+	6.15or
	190	+	6.16 (4) when the parent has chronic substance use disorder issues and is unable to parent
	191	+	6.17the child.
	192	+	6.18 Subd. 3.Out-of-home placement prohibited.Unless the court finds by clear and
	193	+	6.19convincing evidence that the child would be at risk of serious physical damage if the child
	194	+	6.20were to remain in the child's home, a court shall not order a foster care or permanent
	195	+	6.21out-of-home placement of an African American or a disproportionately represented child
	196	+	6.22alleged to be in need of protection or services. At each hearing regarding an African American
	197	+	6.23or a disproportionately represented child who is alleged or adjudicated to be in need of child
	198	+	6.24protective services, the court shall review whether the responsible social services agency
	199	+	6.25has provided active efforts to the child and the child's family and shall require the responsible
	200	+	6.26social services agency to provide evidence and documentation that demonstrate that the
	201	+	6.27agency is providing culturally informed, strength-based, community-involved, and
	202	+	6.28community-based services to the child and the child's family.
	203	+	6.29 Subd. 4.Required findings that active efforts were provided.When determining
	204	+	6.30whether the responsible social services agency has made active efforts to preserve the child's
	205	+	6.31family, the court shall make findings regarding whether the responsible social services
	206	+	6.32agency made appropriate and meaningful services available to the child's family based upon
214	207		6Sec. 4.
215		-	S0716-~~5 5th~~ EngrossmentSF716 REVISOR BD 7.~~1strength-based, community-involved, and community-based~~ services ~~to the child and the~~
216		-	7.~~2child's~~ family.
217		-	7.~~3 Subd.~~ ~~4.Required findings that~~ active efforts ~~were provided.When determining~~
218		-	7.~~4whether the responsible social services agency has made active efforts~~ to preserve the ~~child's~~
219		-	7.~~5family~~, ~~the court shall make findings regarding whether the responsible social services~~
220		-	7.~~6agency made appropriate and meaningful services available to the child's family based upon~~
221		-	7.~~7the family's specific needs~~. ~~If a court determines that the responsible social services agency~~
222		-	7.~~8did not make active efforts to preserve the family as required by this section, the court shall~~
223		-	7.~~9order the responsible social services agency to immediately provide active efforts to the~~
224		-	7.~~10child and child's family~~ to ~~preserve the family.~~
225		-	7.~~11 EFFECTIVE DATE.This section~~ is ~~effective January 1, 2027, except as provided~~
226		-	7.~~12under section 20.~~
227		-	7.~~13 Sec.~~ ~~5. [260.641] ENSURING~~ FREQUENT VISITATION ~~FOR AFRICAN~~
228		-	7.~~14AMERICAN~~ AND ~~DISPROPORTIONATELY REPRESENTED CHILDREN IN~~
229		-	7.~~15OUT-OF-HOME PLACEMENT.~~
230		-	7.~~16 A~~ responsible social services agency ~~must engage in best practices related~~ to ~~visitation~~
231		-	7.~~17when an African American or a disproportionately represented child is in out-of-home~~
232		-	7.~~18placement~~. ~~When the child~~ is ~~in out-of-home placement~~, ~~the responsible social services~~
233		-	7.~~19agency shall make active efforts to facilitate regular and frequent visitation between the~~
234		-	7.~~20child and the child's~~ parents ~~or custodians, the child's siblings, and the child's relatives~~. If
235		-	7.~~21visitation is infrequent between~~ the ~~child and the child's parents, custodians, siblings,~~ or
236		-	7.~~22relatives~~, the responsible social services ~~agency shall make active efforts to increase the~~
237		-	7.~~23frequency of visitation~~ and ~~address any barriers to visitation.~~
238		-	7.~~24 EFFECTIVE DATE.This section is effective January 1,~~ ~~2027, except as provided~~
239		-	7.~~25under section 20.~~
240		-	7.~~26 Sec~~. ~~6. [260.65]~~ NONCUSTODIAL ~~PARENTS; RELATIVE PLACEMENT.~~
241		-	7.~~27 (a) Prior to~~ the ~~removal of an African American or a disproportionately represented child~~
242		-	7.~~28from the child's home,~~ the responsible social services agency must ~~make active efforts to~~
243		-	7.~~29identify~~ and ~~locate the child's noncustodial or nonadjudicated parent and the child's relatives~~
244		-	7.~~30to notify~~ the ~~child's parent and relatives that~~ the ~~child is or will be placed in foster care, and~~
245		-	7.~~31provide the child's parent and relatives with~~ a ~~list of legal resources. The notice to the~~ child's
246		-	7.32noncustodial or nonadjudicated parent ~~and relatives must also include~~ the ~~information~~
247		-	7.~~33required under section 260C.221, subdivision 2, paragraph (b)~~. ~~The responsible social~~
	208	+	S0716-4 4th EngrossmentSF716 REVISOR BD 7.1the family's specific needs. If a court determines that the responsible social services agency
	209	+	7.2did not make active efforts to preserve the family as required by this section, the court shall
	210	+	7.3order the responsible social services agency to immediately provide active efforts to the
	211	+	7.4child and child's family to preserve the family.
	212	+	7.5 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	213	+	7.6section 20.
	214	+	7.7 Sec. 5. [260.641] ENSURING FREQUENT VISITATION FOR AFRICAN
	215	+	7.8AMERICAN AND DISPROPORTIONATELY REPRESENTED CHILDREN IN
	216	+	7.9OUT-OF-HOME PLACEMENT.
	217	+	7.10 A responsible social services agency must engage in best practices related to visitation
	218	+	7.11when an African American or a disproportionately represented child is in out-of-home
	219	+	7.12placement. When the child is in out-of-home placement, the responsible social services
	220	+	7.13agency shall make active efforts to facilitate regular and frequent visitation between the
	221	+	7.14child and the child's parents or custodians, the child's siblings, and the child's relatives. If
	222	+	7.15visitation is infrequent between the child and the child's parents, custodians, siblings, or
	223	+	7.16relatives, the responsible social services agency shall make active efforts to increase the
	224	+	7.17frequency of visitation and address any barriers to visitation.
	225	+	7.18 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	226	+	7.19section 20.
	227	+	7.20 Sec. 6. [260.65] NONCUSTODIAL PARENTS.
	228	+	7.21 (a) Prior to or within 48 hours of the removal of an African American or a
	229	+	7.22disproportionately represented child from the child's home, the responsible social services
	230	+	7.23agency must make active efforts to identify and locate the child's noncustodial or
	231	+	7.24nonadjudicated parent and the child's relatives to notify the child's parent and relatives that
	232	+	7.25the child is or will be placed in foster care, and provide the child's parent and relatives with
	233	+	7.26a list of legal resources. The notice to the child's noncustodial or nonadjudicated parent and
	234	+	7.27relatives must also include the information required under section 260C.221, subdivision
	235	+	7.282, paragraph (b). The responsible social services agency must maintain detailed records of
	236	+	7.29the agency's efforts to notify parents and relatives under this section.
	237	+	7.30 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
	238	+	7.31agency must assess an African American or a disproportionately represented child's
	239	+	7.32noncustodial or nonadjudicated parent's ability to care for the child before placing the child
	240	+	7.33in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
248	241		7Sec. 6.
249		-	S0716-5 5th EngrossmentSF716 REVISOR BD 8.1services agency must maintain detailed records of the agency's efforts to notify parents and
250		-	8.2relatives under this section.
251		-	8.3 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
252		-	8.4agency must assess an African American or a disproportionately represented child's
253		-	8.5noncustodial or nonadjudicated parent's ability to care for the child before placing the child
254		-	8.6in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
255		-	8.7daily care for the African American or disproportionately represented child temporarily or
256		-	8.8permanently, the court shall order that the child be placed in the home of the noncustodial
257		-	8.9or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
258		-	8.10responsible social services agency must make active efforts to assist a noncustodial or
259		-	8.11nonadjudicated parent with remedying any issues that may prevent the child from being
260		-	8.12placed with the noncustodial or nonadjudicated parent.
261		-	8.13 (c) The relative search, notice, engagement, and placement consideration requirements
262		-	8.14under section 260C.221 apply under this act.
263		-	8.15 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
264		-	8.16under section 20.
265		-	8.17 Sec. 7. [260.66] EMERGENCY REMOVAL.
266		-	8.18 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
267		-	8.19shall be construed to prevent the emergency removal of an African American or a
268		-	8.20disproportionately represented child's parent or custodian or the emergency placement of
269		-	8.21the child in a foster setting in order to prevent imminent physical damage or harm to the
270		-	8.22child.
271		-	8.23 Subd. 2.Petition for emergency removal; placement requirements.A petition for a
272		-	8.24court order authorizing the emergency removal or continued emergency placement of an
273		-	8.25African American or a disproportionately represented child or the petition's accompanying
274		-	8.26documents must contain a statement of the risk of imminent physical damage or harm to
275		-	8.27the African American or disproportionately represented child and any evidence that the
276		-	8.28emergency removal or placement continues to be necessary to prevent imminent physical
277		-	8.29damage or harm to the child. The petition or its accompanying documents must also contain
278		-	8.30the following information:
279		-	8.31 (1) the name, age, and last known address of the child;
280		-	8.32 (2) the name and address of the child's parents and custodians or, if unknown, a detailed
281		-	8.33explanation of efforts made to locate and contact them;
	242	+	S0716-4 4th EngrossmentSF716 REVISOR BD 8.1daily care for the African American or disproportionately represented child temporarily or
	243	+	8.2permanently, the court shall order that the child be placed in the home of the noncustodial
	244	+	8.3or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
	245	+	8.4responsible social services agency must make active efforts to assist a noncustodial or
	246	+	8.5nonadjudicated parent with remedying any issues that may prevent the child from being
	247	+	8.6placed with the noncustodial or nonadjudicated parent.
	248	+	8.7 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	249	+	8.8section 20.
	250	+	8.9 Sec. 7. [260.66] EMERGENCY REMOVAL.
	251	+	8.10 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
	252	+	8.11shall be construed to prevent the emergency removal of an African American or a
	253	+	8.12disproportionately represented child's parent or custodian or the emergency placement of
	254	+	8.13the child in a foster setting in order to prevent imminent physical damage or harm to the
	255	+	8.14child.
	256	+	8.15 Subd. 2.Petition for emergency removal; placement requirements.A petition for a
	257	+	8.16court order authorizing the emergency removal or continued emergency placement of an
	258	+	8.17African American or a disproportionately represented child or the petition's accompanying
	259	+	8.18documents must contain a statement of the risk of imminent physical damage or harm to
	260	+	8.19the African American or disproportionately represented child and any evidence that the
	261	+	8.20emergency removal or placement continues to be necessary to prevent imminent physical
	262	+	8.21damage or harm to the child. The petition or its accompanying documents must also contain
	263	+	8.22the following information:
	264	+	8.23 (1) the name, age, and last known address of the child;
	265	+	8.24 (2) the name and address of the child's parents and custodians, or, if unknown, a detailed
	266	+	8.25explanation of efforts made to locate and contact them;
	267	+	8.26 (3) the steps taken to provide notice to the child's parents and custodians about the
	268	+	8.27emergency proceeding;
	269	+	8.28 (4) a specific and detailed account of the circumstances that led the agency responsible
	270	+	8.29for the emergency removal of the child to take that action; and
	271	+	8.30 (5) a statement of the efforts that have been taken to assist the child's parents or custodians
	272	+	8.31so that the child may safely be returned to their custody.
282	273		8Sec. 7.
283		-	S0716-5 5th EngrossmentSF716 REVISOR BD 9.1 (3) the steps taken to provide notice to the child's parents and custodians about the
284		-	9.2emergency proceeding;
285		-	9.3 (4) a specific and detailed account of the circumstances that led the agency responsible
286		-	9.4for the emergency removal of the child to take that action; and
287		-	9.5 (5) a statement of the efforts that have been taken to assist the child's parents or custodians
288		-	9.6so that the child may safely be returned to their custody.
289		-	9.7 Subd. 3.Emergency proceeding requirements.(a) The court shall hold a hearing no
290		-	9.8later than 72 hours, excluding weekends and holidays, after the emergency removal of the
291		-	9.9African American or disproportionately represented child. The court shall determine whether
292		-	9.10the emergency removal continues to be necessary to prevent imminent physical damage or
293		-	9.11harm to the child and whether, after considering the child's particular circumstances, the
294		-	9.12imminent physical damage or harm to the child outweighs the harm that the child will
295		-	9.13experience as a result of continuing the emergency removal.
296		-	9.14 (b) The court shall hold additional hearings whenever new information indicates that
297		-	9.15the emergency situation has ended. The court shall consider all such new information at
298		-	9.16any court hearing after the emergency proceeding to determine whether the emergency
299		-	9.17removal or placement is no longer necessary to prevent imminent physical damage or harm
300		-	9.18to the child.
301		-	9.19 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
302		-	9.20Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
303		-	9.21or a disproportionately represented child who is subject to an emergency hearing under this
304		-	9.22section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
305		-	9.23appointed by the court. The court must appoint qualified counsel to represent a parent if the
306		-	9.24parent meets the eligibility requirements in section 611.17.
307		-	9.25 Subd. 4.Termination of emergency removal or placement.(a) An emergency removal
308		-	9.26or placement of an African American or a disproportionately represented child must
309		-	9.27immediately terminate once the responsible social services agency or court possesses
310		-	9.28sufficient evidence to determine that the emergency removal or placement is no longer
311		-	9.29necessary to prevent imminent physical damage or harm to the child and the child shall be
312		-	9.30immediately returned to the custody of the child's parent or custodian. The responsible social
313		-	9.31services agency or court shall ensure that the emergency removal or placement terminates
314		-	9.32immediately when the removal or placement is no longer necessary to prevent imminent
315		-	9.33physical damage or harm to the African American or disproportionately represented child.
	274	+	S0716-4 4th EngrossmentSF716 REVISOR BD 9.1 Subd. 3.Emergency proceeding requirements.(a) The court shall hold a hearing no
	275	+	9.2later than 72 hours, excluding weekends and holidays, after the emergency removal of the
	276	+	9.3African American or disproportionately represented child. The court shall determine whether
	277	+	9.4the emergency removal continues to be necessary to prevent imminent physical damage or
	278	+	9.5harm to the child and whether, after considering the child's particular circumstances, the
	279	+	9.6imminent physical damage or harm to the child outweighs the harm that the child will
	280	+	9.7experience as a result of continuing the emergency removal.
	281	+	9.8 (b) The court shall hold additional hearings whenever new information indicates that
	282	+	9.9the emergency situation has ended. The court shall consider all such new information at
	283	+	9.10any court hearing after the emergency proceeding to determine whether the emergency
	284	+	9.11removal or placement is no longer necessary to prevent imminent physical damage or harm
	285	+	9.12to the child.
	286	+	9.13 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
	287	+	9.14Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
	288	+	9.15or a disproportionately represented child who is subject to an emergency hearing under this
	289	+	9.16section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
	290	+	9.17appointed by the court. The court must appoint qualified counsel to represent a parent if the
	291	+	9.18parent meets the eligibility requirements in section 611.17.
	292	+	9.19 Subd. 4.Termination of emergency removal or placement.(a) An emergency removal
	293	+	9.20or placement of an African American or a disproportionately represented child must
	294	+	9.21immediately terminate once the responsible social services agency or court possesses
	295	+	9.22sufficient evidence to determine that the emergency removal or placement is no longer
	296	+	9.23necessary to prevent imminent physical damage or harm to the child and the child shall be
	297	+	9.24immediately returned to the custody of the child's parent or custodian. The responsible social
	298	+	9.25services agency or court shall ensure that the emergency removal or placement terminates
	299	+	9.26immediately when the removal or placement is no longer necessary to prevent imminent
	300	+	9.27physical damage or harm to the African American or disproportionately represented child.
	301	+	9.28 (b) An emergency removal or placement ends when the court orders, after service upon
	302	+	9.29the African American or disproportionately represented child's parents or custodians, that
	303	+	9.30the child shall be placed in foster care upon a determination supported by clear and
	304	+	9.31convincing evidence that custody of the child by the child's parent or custodian is likely to
	305	+	9.32result in serious physical damage to the child.
316	306		9Sec. 7.
317		-	S0716-5 5th EngrossmentSF716 REVISOR BD 10.1 (b) An emergency removal or placement ends when the court orders, after service upon
318		-	10.2the African American or disproportionately represented child's parents or custodians, that
319		-	10.3the child shall be placed in foster care upon a determination supported by clear and
320		-	10.4convincing evidence that custody of the child by the child's parent or custodian is likely to
321		-	10.5result in serious emotional or physical damage to the child.
322		-	10.6 (c) In no instance shall emergency removal or emergency placement of an African
323		-	10.7American or a disproportionately represented child extend beyond 30 days unless the court
324		-	10.8finds by a showing of clear and convincing evidence that:
325		-	10.9 (1) continued emergency removal or placement is necessary to prevent imminent physical
326		-	10.10damage or harm to the child; and
327		-	10.11 (2) it has not been possible to initiate a child placement proceeding with all of the
328		-	10.12protections under sections 260.61 to 260.68.
329		-	10.13 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
330		-	10.14under section 20.
331		-	10.15Sec. 8. [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
332		-	10.16CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
333		-	10.17PROCEEDINGS.
334		-	10.18 Subdivision 1.Preference for permanency placement with a relative.Consistent with
335		-	10.19section 260C.513, if an African American or disproportionately represented child cannot
336		-	10.20be returned to the child's parent, permanency placement with a relative is preferred. The
337		-	10.21court shall consider the requirements of and responsibilities under section 260.012, paragraph
338		-	10.22(a), and, if possible and if requirements under section 260C.515, subdivision 4, are met,
339		-	10.23transfer permanent legal and physical custody of the child to:
340		-	10.24 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
341		-	10.25return to the care of the parent or custodian from whom the child was removed or who had
342		-	10.26legal custody at the time that the child was placed in foster care; or
343		-	10.27 (2) a willing and able relative, according to the requirements of section 260C.515,
344		-	10.28subdivision 4. When the responsible social services agency is the petitioner, prior to the
345		-	10.29court ordering a transfer of permanent legal and physical custody to a relative, the responsible
346		-	10.30social services agency must inform the relative of Northstar kinship assistance benefits and
347		-	10.31eligibility requirements and of the relative's ability to apply for benefits on behalf of the
348		-	10.32child under chapter 256N.
	307	+	S0716-4 4th EngrossmentSF716 REVISOR BD 10.1 (c) In no instance shall emergency removal or emergency placement of an African
	308	+	10.2American or a disproportionately represented child extend beyond 30 days unless the court
	309	+	10.3finds by a showing of clear and convincing evidence that:
	310	+	10.4 (1) continued emergency removal or placement is necessary to prevent imminent physical
	311	+	10.5damage or harm to the child; and
	312	+	10.6 (2) it has not been possible to initiate a child placement proceeding with all of the
	313	+	10.7protections under sections 260.61 to 260.68.
	314	+	10.8 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	315	+	10.9section 20.
	316	+	10.10Sec. 8. [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
	317	+	10.11CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
	318	+	10.12PROCEEDINGS.
	319	+	10.13 Subdivision 1.Preference for transfer of permanent legal and physical custody.If
	320	+	10.14an African American or a disproportionately represented child cannot be returned to the
	321	+	10.15child's parent, the court shall consider the requirements of and responsibilities under section
	322	+	10.16260.012, paragraph (a), and, if possible, transfer permanent legal and physical custody of
	323	+	10.17the child to:
	324	+	10.18 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
	325	+	10.19return to the care of the parent or custodian from whom the child was removed or who had
	326	+	10.20legal custody at the time that the child was placed in foster care; or
	327	+	10.21 (2) a willing and able relative, according to the requirements of section 260C.515,
	328	+	10.22subdivision 4, if the court determines that reunification with the child's family is not an
	329	+	10.23appropriate permanency option for the child. Prior to the court ordering a transfer of
	330	+	10.24permanent legal and physical custody to a relative who is not a parent, the responsible social
	331	+	10.25services agency must inform the relative of Northstar kinship assistance benefits and
	332	+	10.26eligibility requirements, and of the relative's ability to apply for benefits on behalf of the
	333	+	10.27child under chapter 256N.
	334	+	10.28 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
	335	+	10.29the parental rights of a parent of an African American or a disproportionately represented
	336	+	10.30child based solely on the parent's failure to complete case plan requirements.
	337	+	10.31 (b) Except as provided in paragraph (c), a court shall not terminate the parental rights
	338	+	10.32of a parent of an African American or a disproportionately represented child in a child
	339	+	10.33placement proceeding unless the allegations against the parent involve sexual abuse;
349	340		10Sec. 8.
350		-	S0716-5 5th EngrossmentSF716 REVISOR BD 11.1 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
351		-	11.2the parental rights of a parent of an African American or a disproportionately represented
352		-	11.3child based solely on the parent's failure to complete case plan requirements.
353		-	11.4 (b) Except as provided in paragraph (c), a court shall not terminate the parental rights
354		-	11.5of a parent of an African American or a disproportionately represented child in a child
355		-	11.6placement proceeding unless the allegations against the parent involve sexual abuse;
356		-	11.7egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
357		-	11.8or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
358		-	11.9first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
359		-	11.10of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
360		-	11.11assault by strangulation under section 609.2247; felony domestic assault under section
361		-	11.12609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
362		-	11.13promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
363		-	11.14or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
364		-	11.15609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
365		-	11.16section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
366		-	11.17section 609.352; possession of pornographic work involving minors under section 617.247;
367		-	11.18malicious punishment or neglect or endangerment of a child under section 609.377 or
368		-	11.19609.378; use of a minor in sexual performance under section 617.246; or failing to protect
369		-	11.20a child from an overt act or condition that constitutes egregious harm.
370		-	11.21 Subd. 3.Termination of parental rights; exceptions.(a) The court may terminate the
371		-	11.22parental rights of a parent of an African American or a disproportionately represented child
372		-	11.23if a transfer of permanent legal and physical custody under subdivision 1 is not possible
373		-	11.24because the child has no willing or able noncustodial parent or relative to whom custody
374		-	11.25can be transferred, if it finds that one or more of the following conditions exist:
375		-	11.26 (1) that the parent has abandoned the child;
376		-	11.27 (2) that a parent is palpably unfit to be a party to the parent and child relationship because
377		-	11.28of a consistent pattern of specific conduct before the child or of specific conditions directly
378		-	11.29relating to the parent and child relationship, either of which are determined by the court to
379		-	11.30be of a duration or nature that renders the parent unable, for the reasonably foreseeable
380		-	11.31future, to care appropriately for the ongoing physical, mental, or emotional needs of the
381		-	11.32child;
382		-	11Sec. 8.
383		-	S0716-5 5th EngrossmentSF716 REVISOR BD 12.1 (3) that following the child's placement out of the home, active efforts, under the direction
384		-	12.2of the court, have failed to correct the conditions leading to the child's placement. It is
385		-	12.3presumed that active efforts under this clause have failed upon a showing that:
386		-	12.4 (i) a child has resided out of the parental home under court order for a cumulative period
387		-	12.5of 12 months within the preceding 22 months. In the case of a child under age eight at the
388		-	12.6time that the petition was filed alleging the child to be in need of protection or services, the
389		-	12.7presumption arises when the child has resided out of the parental home under court order
390		-	12.8for six months unless the parent has maintained regular contact with the child and the parent
391		-	12.9is complying with the out-of-home placement plan;
392		-	12.10 (ii) the court has approved the out-of-home placement plan required under section
393		-	12.11260C.212 and filed with the court under section 260C.178;
394		-	12.12 (iii) conditions leading to the out-of-home placement have not been corrected. It is
395		-	12.13presumed that conditions leading to a child's out-of-home placement have not been corrected
396		-	12.14upon a showing that the parent or parents have not substantially complied with the court's
397		-	12.15orders and a reasonable case plan; and
398		-	12.16 (iv) active efforts have been made by the responsible social services agency to rehabilitate
399		-	12.17the parent and reunite the family; and
400		-	12.18 (4) that a child has experienced egregious harm in the parent's care that is of a nature,
401		-	12.19duration, or chronicity that indicates a lack of regard for the child's well-being, such that a
402		-	12.20reasonable person would believe it contrary to the best interests of the child or of any child
403		-	12.21to be in the parent's care.
404		-	12.22 (b) For purposes of paragraph (a), clause (1), abandonment is presumed when:
405		-	12.23 (1) the parent has had no contact with the child on a regular basis and has not
406		-	12.24demonstrated consistent interest in the child's well-being for six months and the social
407		-	12.25services agency has made active efforts to facilitate contact with the parent, unless the parent
408		-	12.26establishes that an extreme financial or physical hardship or treatment for mental disability
409		-	12.27or substance use disorder or other good cause prevented the parent from making contact
410		-	12.28with the child. This presumption does not apply to children whose custody has been
411		-	12.29determined under chapter 257 or 518; or
412		-	12.30 (2) the child is an infant under two years of age and has been deserted by the parent
413		-	12.31under circumstances that show an intent not to return to care for the child.
414		-	12.32 Subd. 4.Voluntary termination of parental rights.Nothing in subdivisions 2 and 3
415		-	12.33precludes the court from terminating the parental rights of a parent of an African American
416		-	12Sec. 8.
417		-	S0716-5 5th EngrossmentSF716 REVISOR BD 13.1or a disproportionately represented child if the parent desires to voluntarily terminate the
418		-	13.2parent's own parental rights for good cause under section 260C.301, subdivision 1, paragraph
419		-	13.3(a).
420		-	13.4 Subd. 5.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
421		-	13.5rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
422		-	13.6child whose parental rights have been terminated may appeal the decision within 90 days
423		-	13.7of the service of notice by the court administrator of the filing of the court's order.
424		-	13.8 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
425		-	13.9under section 20.
426		-	13.10Sec. 9. [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
427		-	13.11CASE REVIEW.
428		-	13.12 Subdivision 1.Responsible social services agency conduct.(a) A responsible social
429		-	13.13services agency employee who has duties related to child protection shall not knowingly:
430		-	13.14 (1) make untrue statements about any case involving a child alleged to be in need of
431		-	13.15protection or services;
432		-	13.16 (2) intentionally withhold any information that may be material to a case involving a
433		-	13.17child alleged to be in need of protection or services; or
434		-	13.18 (3) fabricate or falsify any documentation or evidence relating to a case involving a child
435		-	13.19alleged to be in need of protection or services.
436		-	13.20 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
437		-	13.21employment action.
438		-	13.22 Subd. 2.Case review.(a) Each responsible social services agency shall conduct a review
439		-	13.23of all child welfare cases for African American and other disproportionately represented
440		-	13.24children handled by the agency. Each responsible social services agency shall create a
441		-	13.25summary report of trends identified under paragraphs (b) and (c), a remediation plan as
442		-	13.26provided in paragraph (d), and an update on implementation of any previous remediation
443		-	13.27plans. The first report shall be provided to the African American Child Well-Being Advisory
444		-	13.28Council, the commissioner, and the chairs and ranking minority members of the legislative
445		-	13.29committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter.
446		-	13.30For purposes of determining outcomes in this subdivision, responsible social services
447		-	13.31agencies shall use guidance from the commissioner. The commissioner shall provide guidance
448		-	13.32starting on November 1, 2028, and annually thereafter.
	341	+	S0716-4 4th EngrossmentSF716 REVISOR BD 11.1egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
	342	+	11.2or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
	343	+	11.3first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
	344	+	11.4of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
	345	+	11.5assault by strangulation under section 609.2247; felony domestic assault under section
	346	+	11.6609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
	347	+	11.7promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
	348	+	11.8or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
	349	+	11.9609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
	350	+	11.10section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
	351	+	11.11section 609.352; possession of pornographic work involving minors under section 617.247;
	352	+	11.12malicious punishment or neglect or endangerment of a child under section 609.377 or
	353	+	11.13609.378; use of a minor in sexual performance under section 617.246; or failing to protect
	354	+	11.14a child from an overt act or condition that constitutes egregious harm.
	355	+	11.15 (c) The court may terminate the parental rights of a parent of an African American or a
	356	+	11.16disproportionately represented child under section 260C.301, subdivision 1, paragraph (b),
	357	+	11.17clause (4) or (6), if a transfer of permanent legal and physical custody under subdivision 1
	358	+	11.18is not possible because the child has no willing or able noncustodial parent or relative to
	359	+	11.19whom custody can be transferred.
	360	+	11.20 (d) Nothing in this subdivision precludes the court from terminating the parental rights
	361	+	11.21of a parent of an African American or a disproportionately represented child if the parent
	362	+	11.22desires to voluntarily terminate the parent's own parental rights for good cause under section
	363	+	11.23260C.301, subdivision 1, paragraph (a).
	364	+	11.24 Subd. 3.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
	365	+	11.25rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
	366	+	11.26child whose parental rights have been terminated may appeal the decision within 90 days
	367	+	11.27of the service of notice by the court administrator of the filing of the court's order.
	368	+	11.28 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	369	+	11.29section 20.
	370	+	11.30Sec. 9. [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
	371	+	11.31CASE REVIEW.
	372	+	11.32 Subdivision 1.Responsible social services agency conduct.(a) A responsible social
	373	+	11.33services agency employee who has duties related to child protection shall not knowingly:
	374	+	11Sec. 9.
	375	+	S0716-4 4th EngrossmentSF716 REVISOR BD 12.1 (1) make untrue statements about any case involving a child alleged to be in need of
	376	+	12.2protection or services;
	377	+	12.3 (2) intentionally withhold any information that may be material to a case involving a
	378	+	12.4child alleged to be in need of protection or services; or
	379	+	12.5 (3) fabricate or falsify any documentation or evidence relating to a case involving a child
	380	+	12.6alleged to be in need of protection or services.
	381	+	12.7 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
	382	+	12.8employment action.
	383	+	12.9 Subd. 2.Case review.(a) Each responsible social services agency shall conduct a review
	384	+	12.10of all child welfare cases for African American and other disproportionately represented
	385	+	12.11children handled by the agency. Each responsible social services agency shall create a
	386	+	12.12summary report of trends identified under paragraphs (b) and (c), a remediation plan as
	387	+	12.13provided in paragraph (d), and an update on implementation of any previous remediation
	388	+	12.14plans. The first report shall be provided to the African American Child Well-Being Advisory
	389	+	12.15Council, the commissioner, and the chairs and ranking minority members of the legislative
	390	+	12.16committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter.
	391	+	12.17For purposes of determining outcomes in this subdivision, responsible social services
	392	+	12.18agencies shall use guidance from the commissioner. The commissioner shall provide guidance
	393	+	12.19starting on November 1, 2028, and annually thereafter.
	394	+	12.20 (b) The case review must include:
	395	+	12.21 (1) the number of African American and disproportionately represented children
	396	+	12.22represented in the county child welfare system;
	397	+	12.23 (2) the number and sources of maltreatment reports received and reports screened in for
	398	+	12.24investigation or referred for family assessment and the race of the children and parents or
	399	+	12.25custodians involved in each report;
	400	+	12.26 (3) the number and race of children and parents or custodians who receive in-home
	401	+	12.27preventive case management services;
	402	+	12.28 (4) the number and race of children whose parents or custodians are referred to
	403	+	12.29community-based, culturally appropriate, strength-based, or trauma-informed services;
	404	+	12.30 (5) the number and race of children removed from their homes;
	405	+	12.31 (6) the number and race of children reunified with their parents or custodians;
	406	+	12Sec. 9.
	407	+	S0716-4 4th EngrossmentSF716 REVISOR BD 13.1 (7) the number and race of children whose parents or custodians are offered family group
	408	+	13.2decision-making services;
	409	+	13.3 (8) the number and race of children whose parents or custodians are offered the parent
	410	+	13.4support outreach program;
	411	+	13.5 (9) the number and race of children in foster care or out-of-home placement at the time
	412	+	13.6that the data is gathered;
	413	+	13.7 (10) the number and race of children who achieve permanency through a transfer of
	414	+	13.8permanent legal and physical custody to a relative or an adoption; and
	415	+	13.9 (11) the number and race of children who are under the guardianship of the commissioner
	416	+	13.10or awaiting a permanency disposition.
	417	+	13.11 (c) The required case review must also:
	418	+	13.12 (1) identify barriers to reunifying children with their families;
	419	+	13.13 (2) identify the family conditions that led to the out-of-home placement;
	420	+	13.14 (3) identify any barriers to accessing culturally informed mental health or substance use
	421	+	13.15disorder treatment services for the parents or children;
	422	+	13.16 (4) document efforts to identify fathers and maternal and paternal relatives and to provide
	423	+	13.17services to custodial and noncustodial fathers, if appropriate; and
	424	+	13.18 (5) document and summarize court reviews of active efforts.
	425	+	13.19 (d) Any responsible social services agency that has a case review showing
	426	+	13.20disproportionality and disparities in child welfare outcomes for African American and other
	427	+	13.21disproportionately represented children and the children's families, compared to the agency's
	428	+	13.22overall outcomes, must include in their case review summary report a remediation plan with
	429	+	13.23measurable outcomes to identify, address, and reduce the factors that led to the
	430	+	13.24disproportionality and disparities in the agency's child welfare outcomes. The remediation
	431	+	13.25plan shall also include information about how the responsible social services agency will
	432	+	13.26achieve and document trauma-informed, positive child well-being outcomes through
	433	+	13.27remediation efforts.
	434	+	13.28 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	435	+	13.29section 20.
449	436		13Sec. 9.
450		-	S0716-5 5th EngrossmentSF716 REVISOR BD 14.1 (b) The case review must include:
451		-	14.2 (1) the number of African American and disproportionately represented children
452		-	14.3represented in the county child welfare system;
453		-	14.4 (2) the number and sources of maltreatment reports received and reports screened in for
454		-	14.5investigation or referred for family assessment and the race of the children and parents or
455		-	14.6custodians involved in each report;
456		-	14.7 (3) the number and race of children and parents or custodians who receive in-home
457		-	14.8preventive case management services;
458		-	14.9 (4) the number and race of children whose parents or custodians are referred to
459		-	14.10community-based, culturally appropriate, strength-based, or trauma-informed services;
460		-	14.11 (5) the number and race of children removed from their homes;
461		-	14.12 (6) the number and race of children reunified with their parents or custodians;
462		-	14.13 (7) the number and race of children whose parents or custodians are offered family group
463		-	14.14decision-making services;
464		-	14.15 (8) the number and race of children whose parents or custodians are offered the parent
465		-	14.16support outreach program;
466		-	14.17 (9) the number and race of children in foster care or out-of-home placement at the time
467		-	14.18that the data is gathered;
468		-	14.19 (10) the number and race of children who achieve permanency through a transfer of
469		-	14.20permanent legal and physical custody to a relative or an adoption; and
470		-	14.21 (11) the number and race of children who are under the guardianship of the commissioner
471		-	14.22or awaiting a permanency disposition.
472		-	14.23 (c) The required case review must also:
473		-	14.24 (1) identify barriers to reunifying children with their families;
474		-	14.25 (2) identify the family conditions that led to the out-of-home placement;
475		-	14.26 (3) identify any barriers to accessing culturally informed mental health or substance use
476		-	14.27disorder treatment services for the parents or children;
477		-	14.28 (4) document efforts to identify fathers and maternal and paternal relatives and to provide
478		-	14.29services to custodial and noncustodial fathers, if appropriate; and
479		-	14.30 (5) document and summarize court reviews of active efforts.
480		-	14Sec. 9.
481		-	S0716-5 5th EngrossmentSF716 REVISOR BD 15.1 (d) Any responsible social services agency that has a case review showing
482		-	15.2disproportionality and disparities in child welfare outcomes for African American and other
483		-	15.3disproportionately represented children and the children's families, compared to the agency's
484		-	15.4overall outcomes, must include in their case review summary report a remediation plan with
485		-	15.5measurable outcomes to identify, address, and reduce the factors that led to the
486		-	15.6disproportionality and disparities in the agency's child welfare outcomes. The remediation
487		-	15.7plan shall also include information about how the responsible social services agency will
488		-	15.8achieve and document trauma-informed, positive child well-being outcomes through
489		-	15.9remediation efforts.
490		-	15.10 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
491		-	15.11under section 20.
492		-	15.12Sec. 10. [260.69] CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS
493		-	15.13WORKING WITH AFRICAN AMERICAN AND DISPROPORTIONATELY
494		-	15.14REPRESENTED CHILDREN.
495		-	15.15 Subdivision 1.Applicability.The commissioner of human services must collaborate
496		-	15.16with the Children's Justice Initiative to ensure that cultural competency training is given to
497		-	15.17individuals working in the child welfare system, including child welfare workers and
498		-	15.18supervisors. Training must also be made available to attorneys, juvenile court judges, and
499		-	15.19family law judges.
500		-	15.20 Subd. 2.Training.(a) The commissioner must develop training content and establish
501		-	15.21the frequency of trainings for child welfare workers and supervisors.
502		-	15.22 (b) The cultural competency training under this section is required prior to or within six
503		-	15.23months of beginning work with any African American or disproportionately represented
504		-	15.24child and their family. A responsible social services agency staff person who is unable to
505		-	15.25complete the cultural competency training prior to working with African American or
506		-	15.26disproportionately represented children and their families must work with a qualified staff
507		-	15.27person within the agency who has completed cultural competency training until the person
508		-	15.28is able to complete the required training. The training must be available by January 1, 2027,
509		-	15.29and must:
510		-	15.30 (1) be provided by an African American individual or individual from a community that
511		-	15.31is disproportionately represented in the child welfare system who is knowledgeable about
512		-	15.32African American and other disproportionately represented social and cultural norms and
513		-	15.33historical trauma;
514		-	15Sec. 10.
515		-	S0716-5 5th EngrossmentSF716 REVISOR BD 16.1 (2) raise awareness and increase a person's competency to value diversity, conduct a
516		-	16.2self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
517		-	16.3to diversity and the cultural contexts of communities served;
518		-	16.4 (3) include instruction on effectively developing a safety plan and instruction on engaging
519		-	16.5a safety network; and
520		-	16.6 (4) be accessible and comprehensive and include the ability to ask questions.
521		-	16.7 (c) The training may be provided in a series of segments, either in person or online.
522		-	16.8 Subd. 3.Update.The commissioner must provide an update to the chairs and ranking
523		-	16.9minority members of the legislative committees with jurisdiction over child protection by
524		-	16.10January 1, 2028, on the rollout of the training under subdivision 1 and the content and
525		-	16.11accessibility of the training under subdivision 2.
526		-	16.12 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
527		-	16.13under section 20.
528		-	16.14Sec. 11. [260.691] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
529		-	16.15COUNCIL.
530		-	16.16 Subdivision 1.Duties.The African American Child Well-Being Advisory Council must:
531		-	16.17 (1) review annual reports related to African American children involved in the child
532		-	16.18welfare system. These reports may include but are not limited to the maltreatment,
533		-	16.19out-of-home placement, and permanency of African American children;
534		-	16.20 (2) assist with and make recommendations to the commissioner for developing strategies
535		-	16.21to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote
536		-	16.22culturally appropriate foster care and shelter or facility placement decisions and settings for
537		-	16.23African American children in need of out-of-home placement, ensure timely achievement
538		-	16.24of permanency, and improve child welfare outcomes for African American children and
539		-	16.25their families;
540		-	16.26 (3) review summary reports on targeted case reviews prepared by the commissioner to
541		-	16.27ensure that responsible social services agencies meet the needs of African American children
542		-	16.28and their families. Based on data collected from those reviews, the council shall assist the
543		-	16.29commissioner with developing strategies needed to improve any identified child welfare
544		-	16.30outcomes, including but not limited to maltreatment, out-of-home placement, and permanency
545		-	16.31for African American children;
546		-	16Sec. 11.
547		-	S0716-5 5th EngrossmentSF716 REVISOR BD 17.1 (4) assist the Cultural and Ethnic Communities Leadership Council with making
548		-	17.2recommendations to the commissioner and the legislature for public policy and statutory
549		-	17.3changes that specifically consider the needs of African American children and their families
550		-	17.4involved in the child welfare system;
551		-	17.5 (5) advise the commissioner on stakeholder engagement strategies and actions that the
552		-	17.6commissioner and responsible social services agencies may take to improve child welfare
553		-	17.7outcomes for African American children and their families;
554		-	17.8 (6) assist the commissioner with developing strategies for public messaging and
555		-	17.9communication related to racial disproportionality and disparities in child welfare outcomes
556		-	17.10for African American children and their families;
557		-	17.11 (7) assist the commissioner with identifying and developing internal and external
558		-	17.12partnerships to support adequate access to services and resources for African American
559		-	17.13children and their families, including but not limited to housing assistance, employment
560		-	17.14assistance, food and nutrition support, health care, child care assistance, and educational
561		-	17.15support and training; and
562		-	17.16 (8) assist the commissioner with developing strategies to promote the development of
563		-	17.17a culturally diverse and representative child welfare workforce in Minnesota that includes
564		-	17.18professionals who are reflective of the community served and who have been directly
565		-	17.19impacted by lived experiences within the child welfare system. The council must also assist
566		-	17.20the commissioner with exploring strategies and partnerships to address education and training
567		-	17.21needs, hiring, recruitment, retention, and professional advancement practices.
568		-	17.22 Subd. 2.Annual report.By January 1, 2026, and annually thereafter, the council shall
569		-	17.23report to the chairs and ranking minority members of the legislative committees with
570		-	17.24jurisdiction over child protection on the council's activities under subdivision 1 and other
571		-	17.25issues on which the council chooses to report. The report may include recommendations
572		-	17.26for statutory changes to improve the child protection system and child welfare outcomes
573		-	17.27for African American children and families.
574		-	17.28 EFFECTIVE DATE.This section is effective July 1, 2024.
575		-	17.29Sec. 12. [260.692] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
576		-	17.30 Subdivision 1.Duties.The African American Child Well-Being Unit, currently
577		-	17.31established by the commissioner, must:
578		-	17.32 (1) assist with the development of African American cultural competency training and
579		-	17.33review child welfare curriculum in the Minnesota Child Welfare Training Academy to
	437	+	S0716-4 4th EngrossmentSF716 REVISOR BD 14.1 Sec. 10. [260.69] CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS
	438	+	14.2WORKING WITH AFRICAN AMERICAN AND DISPROPORTIONATELY
	439	+	14.3REPRESENTED CHILDREN.
	440	+	14.4 Subdivision 1.Applicability.The commissioner of human services must collaborate
	441	+	14.5with the Children's Justice Initiative to ensure that cultural competency training is given to
	442	+	14.6individuals working in the child welfare system, including child welfare workers, supervisors,
	443	+	14.7attorneys, juvenile court judges, and family law judges.
	444	+	14.8 Subd. 2.Training.(a) The commissioner must develop training content and establish
	445	+	14.9the frequency of trainings.
	446	+	14.10 (b) The cultural competency training under this section is required prior to or within six
	447	+	14.11months of beginning work with any African American or disproportionately represented
	448	+	14.12child and their family. A responsible social services agency staff person who is unable to
	449	+	14.13complete the cultural competency training prior to working with African American or
	450	+	14.14disproportionately represented children and their families must work with a qualified staff
	451	+	14.15person within the agency who has completed cultural competency training until the person
	452	+	14.16is able to complete the required training. The training must be available by January 1, 2027,
	453	+	14.17and must:
	454	+	14.18 (1) be provided by an African American individual or individual from a community that
	455	+	14.19is disproportionately represented in the child welfare system who is knowledgeable about
	456	+	14.20African American and other disproportionately represented social and cultural norms and
	457	+	14.21historical trauma;
	458	+	14.22 (2) raise awareness and increase a person's competency to value diversity, conduct a
	459	+	14.23self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
	460	+	14.24to diversity and the cultural contexts of communities served;
	461	+	14.25 (3) include instruction on effectively developing a safety plan and instruction on engaging
	462	+	14.26a safety network; and
	463	+	14.27 (4) be accessible and comprehensive and include the ability to ask questions.
	464	+	14.28 (c) The training may be provided in a series of segments, either in person or online.
	465	+	14.29 Subd. 3.Update.The commissioner must provide an update to the chairs and ranking
	466	+	14.30minority members of the legislative committees with jurisdiction over child protection by
	467	+	14.31July 1, 2027, on the rollout of the training under subdivision 1 and the content and
	468	+	14.32accessibility of the training under subdivision 2.
	469	+	14Sec. 10.
	470	+	S0716-4 4th EngrossmentSF716 REVISOR BD 15.1 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	471	+	15.2section 20.
	472	+	15.3 Sec. 11. [260.691] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
	473	+	15.4COUNCIL.
	474	+	15.5 Subdivision 1.Duties.The African American Child Well-Being Advisory Council must:
	475	+	15.6 (1) review annual reports related to African American children involved in the child
	476	+	15.7welfare system. These reports may include but are not limited to the maltreatment,
	477	+	15.8out-of-home placement, and permanency of African American children;
	478	+	15.9 (2) assist with and make recommendations to the commissioner for developing strategies
	479	+	15.10to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote
	480	+	15.11culturally appropriate foster care and shelter or facility placement decisions and settings for
	481	+	15.12African American children in need of out-of-home placement, ensure timely achievement
	482	+	15.13of permanency, and improve child welfare outcomes for African American children and
	483	+	15.14their families;
	484	+	15.15 (3) review summary reports on targeted case reviews prepared by the commissioner to
	485	+	15.16ensure that responsible social services agencies meet the needs of African American children
	486	+	15.17and their families. Based on data collected from those reviews, the council shall assist the
	487	+	15.18commissioner with developing strategies needed to improve any identified child welfare
	488	+	15.19outcomes, including but not limited to maltreatment, out-of-home placement, and permanency
	489	+	15.20for African American children;
	490	+	15.21 (4) assist the Cultural and Ethnic Communities Leadership Council with making
	491	+	15.22recommendations to the commissioner and the legislature for public policy and statutory
	492	+	15.23changes that specifically consider the needs of African American children and their families
	493	+	15.24involved in the child welfare system;
	494	+	15.25 (5) advise the commissioner on stakeholder engagement strategies and actions that the
	495	+	15.26commissioner and responsible social services agencies may take to improve child welfare
	496	+	15.27outcomes for African American children and their families;
	497	+	15.28 (6) assist the commissioner with developing strategies for public messaging and
	498	+	15.29communication related to racial disproportionality and disparities in child welfare outcomes
	499	+	15.30for African American children and their families;
	500	+	15.31 (7) assist the commissioner with identifying and developing internal and external
	501	+	15.32partnerships to support adequate access to services and resources for African American
	502	+	15.33children and their families, including but not limited to housing assistance, employment
	503	+	15Sec. 11.
	504	+	S0716-4 4th EngrossmentSF716 REVISOR BD 16.1assistance, food and nutrition support, health care, child care assistance, and educational
	505	+	16.2support and training; and
	506	+	16.3 (8) assist the commissioner with developing strategies to promote the development of
	507	+	16.4a culturally diverse and representative child welfare workforce in Minnesota that includes
	508	+	16.5professionals who are reflective of the community served and who have been directly
	509	+	16.6impacted by lived experiences within the child welfare system. The council must also assist
	510	+	16.7the commissioner with exploring strategies and partnerships to address education and training
	511	+	16.8needs, hiring, recruitment, retention, and professional advancement practices.
	512	+	16.9 Subd. 2.Annual report.By January 1, 2026, and annually thereafter, the council shall
	513	+	16.10report to the chairs and ranking minority members of the legislative committees with
	514	+	16.11jurisdiction over child protection on the council's activities under subdivision 1 and other
	515	+	16.12issues on which the council chooses to report. The report may include recommendations
	516	+	16.13for statutory changes to improve the child protection system and child welfare outcomes
	517	+	16.14for African American children and families.
	518	+	16.15 EFFECTIVE DATE.This section is effective July 1, 2024.
	519	+	16.16Sec. 12. [260.692] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
	520	+	16.17 Subdivision 1.Duties.The African American Child Well-Being Unit, currently
	521	+	16.18established by the commissioner, must:
	522	+	16.19 (1) assist with the development of African American cultural competency training and
	523	+	16.20review child welfare curriculum in the Minnesota Child Welfare Training Academy to
	524	+	16.21ensure that responsible social services agency staff and other child welfare professionals
	525	+	16.22are appropriately prepared to engage with African American children and their families and
	526	+	16.23to support family preservation and reunification;
	527	+	16.24 (2) provide technical assistance, including on-site technical assistance, and case
	528	+	16.25consultation to responsible social services agencies to assist agencies with implementing
	529	+	16.26and complying with the Minnesota African American Family Preservation and Child Welfare
	530	+	16.27Disproportionality Act;
	531	+	16.28 (3) monitor individual county and statewide disaggregated and nondisaggregated data
	532	+	16.29to identify trends and patterns in child welfare outcomes, including but not limited to
	533	+	16.30reporting, maltreatment, out-of-home placement, and permanency of African American
	534	+	16.31children and develop strategies to address disproportionality and disparities in the child
	535	+	16.32welfare system;
	536	+	16Sec. 12.
	537	+	S0716-4 4th EngrossmentSF716 REVISOR BD 17.1 (4) develop and implement a system for conducting case reviews when the commissioner
	538	+	17.2receives reports of noncompliance with the Minnesota African American Family Preservation
	539	+	17.3and Child Welfare Disproportionality Act or when requested by the parent or custodian of
	540	+	17.4an African American child. Case reviews may include but are not limited to a review of
	541	+	17.5placement prevention efforts, safety planning, case planning and service provision by the
	542	+	17.6responsible social services agency, relative placement consideration, and permanency
	543	+	17.7planning;
	544	+	17.8 (5) establish and administer a request for proposals process for African American and
	545	+	17.9disproportionately represented family preservation grants under section 260.693, monitor
	546	+	17.10grant activities, and provide technical assistance to grantees;
	547	+	17.11 (6) in coordination with the African American Child Well-Being Advisory Council,
	548	+	17.12coordinate services and create internal and external partnerships to support adequate access
	549	+	17.13to services and resources for African American children and their families, including but
	550	+	17.14not limited to housing assistance, employment assistance, food and nutrition support, health
	551	+	17.15care, child care assistance, and educational support and training; and
	552	+	17.16 (7) develop public messaging and communication to inform the public about racial
	553	+	17.17disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities,
	554	+	17.18and resources available to African American children and their families involved in the
	555	+	17.19child welfare system.
	556	+	17.20 Subd. 2.Case reviews.(a) The African American Child Well-Being Unit must conduct
	557	+	17.21systemic case reviews to monitor targeted child welfare outcomes, including but not limited
	558	+	17.22to maltreatment, out-of-home placement, and permanency of African American children.
	559	+	17.23 (b) The reviews under this subdivision must be conducted using a random sampling of
	560	+	17.24representative child welfare cases stratified for certain case related factors, including but
	561	+	17.25not limited to case type, maltreatment type, if the case involves out-of-home placement,
	562	+	17.26and other demographic variables. In conducting the reviews, unit staff may use court records
	563	+	17.27and documents, information from the social services information system, and other available
	564	+	17.28case file information to complete the case reviews.
	565	+	17.29 (c) The frequency of the reviews and the number of cases, child welfare outcomes, and
	566	+	17.30selected counties reviewed shall be determined by the unit in consultation with the African
	567	+	17.31American Child Well-Being Advisory Council, with consideration given to the availability
	568	+	17.32of unit resources needed to conduct the reviews.
	569	+	17.33 (d) The unit must monitor all case reviews and use the collective case review information
	570	+	17.34and data to generate summary case review reports, ensure compliance with the Minnesota
580	571		17Sec. 12.
581		-	S0716-5 5th EngrossmentSF716 REVISOR BD 18.1ensure that responsible social services agency staff and other child welfare professionals
582		-	18.2are appropriately prepared to engage with African American children and their families and
583		-	18.3to support family preservation and reunification;
584		-	18.4 (2) provide technical assistance, including on-site technical assistance, and case
585		-	18.5consultation to responsible social services agencies to assist agencies with implementing
586		-	18.6and complying with the Minnesota African American Family Preservation and Child Welfare
587		-	18.7Disproportionality Act;
588		-	18.8 (3) monitor individual county and statewide disaggregated and nondisaggregated data
589		-	18.9to identify trends and patterns in child welfare outcomes, including but not limited to
590		-	18.10reporting, maltreatment, out-of-home placement, and permanency of African American
591		-	18.11children and develop strategies to address disproportionality and disparities in the child
592		-	18.12welfare system;
593		-	18.13 (4) develop and implement a system for conducting case reviews when the commissioner
594		-	18.14receives reports of noncompliance with the Minnesota African American Family Preservation
595		-	18.15and Child Welfare Disproportionality Act or when requested by the parent or custodian of
596		-	18.16an African American child. Case reviews may include but are not limited to a review of
597		-	18.17placement prevention efforts, safety planning, case planning and service provision by the
598		-	18.18responsible social services agency, relative placement consideration, and permanency
599		-	18.19planning;
600		-	18.20 (5) establish and administer a request for proposals process for African American and
601		-	18.21disproportionately represented family preservation grants under section 260.693, monitor
602		-	18.22grant activities, and provide technical assistance to grantees;
603		-	18.23 (6) in coordination with the African American Child Well-Being Advisory Council,
604		-	18.24coordinate services and create internal and external partnerships to support adequate access
605		-	18.25to services and resources for African American children and their families, including but
606		-	18.26not limited to housing assistance, employment assistance, food and nutrition support, health
607		-	18.27care, child care assistance, and educational support and training; and
608		-	18.28 (7) develop public messaging and communication to inform the public about racial
609		-	18.29disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities,
610		-	18.30and resources available to African American children and their families involved in the
611		-	18.31child welfare system.
612		-	18.32 Subd. 2.Case reviews.(a) The African American Child Well-Being Unit must conduct
613		-	18.33systemic case reviews to monitor targeted child welfare outcomes, including but not limited
614		-	18.34to maltreatment, out-of-home placement, and permanency of African American children.
615		-	18Sec. 12.
616		-	S0716-5 5th EngrossmentSF716 REVISOR BD 19.1 (b) The reviews under this subdivision must be conducted using a random sampling of
617		-	19.2representative child welfare cases stratified for certain case related factors, including but
618		-	19.3not limited to case type, maltreatment type, if the case involves out-of-home placement,
619		-	19.4and other demographic variables. In conducting the reviews, unit staff may use court records
620		-	19.5and documents, information from the social services information system, and other available
621		-	19.6case file information to complete the case reviews.
622		-	19.7 (c) The frequency of the reviews and the number of cases, child welfare outcomes, and
623		-	19.8selected counties reviewed shall be determined by the unit in consultation with the African
624		-	19.9American Child Well-Being Advisory Council, with consideration given to the availability
625		-	19.10of unit resources needed to conduct the reviews.
626		-	19.11 (d) The unit must monitor all case reviews and use the collective case review information
627		-	19.12and data to generate summary case review reports, ensure compliance with the Minnesota
628		-	19.13African American Family Preservation and Child Welfare Disproportionality Act, and
629		-	19.14identify trends or patterns in child welfare outcomes for African American children.
630		-	19.15 (e) The unit must review information from members of the public received through the
631		-	19.16compliance and feedback portal, including policy and practice concerns related to individual
632		-	19.17child welfare cases. After assessing a case concern, the unit may determine if further
633		-	19.18necessary action should be taken, which may include coordinating case remediation with
634		-	19.19other relevant child welfare agencies in accordance with data privacy laws, including the
635		-	19.20African American Child Well-Being Advisory Council, and offering case consultation and
636		-	19.21technical assistance to the responsible local social services agency as needed or requested
637		-	19.22by the agency.
638		-	19.23 Subd. 3.Reports.(a) The African American Child Well-Being Unit must provide regular
639		-	19.24updates on unit activities, including summary reports of case reviews, to the African
640		-	19.25American Child Well-Being Advisory Council, and must publish an annual census of African
641		-	19.26American children in out-of-home placements statewide. The annual census must include
642		-	19.27data on the types of placements, age and sex of the children, how long the children have
643		-	19.28been in out-of-home placements, and other relevant demographic information.
644		-	19.29 (b) The African American Child Well-Being Unit shall gather summary data about the
645		-	19.30practice and policy inquiries and individual case concerns received through the compliance
646		-	19.31and feedback portal under subdivision 2, paragraph (e). The unit shall provide regular reports
647		-	19.32of the nonidentifying compliance and feedback portal summary data to the African American
648		-	19.33Child Well-Being Advisory Council to identify child welfare trends and patterns to assist
649		-	19Sec. 12.
650		-	S0716-5 5th EngrossmentSF716 REVISOR BD 20.1with developing policy and practice recommendations to support eliminating disparity and
651		-	20.2disproportionality for African American children.
652		-	20.3 EFFECTIVE DATE.This section is effective July 1, 2024.
653		-	20.4 Sec. 13. [260.693] AFRICAN AMERICAN AND DISPROPORTIONATELY
654		-	20.5REPRESENTED FAMILY PRESERVATION GRANTS.
655		-	20.6 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
656		-	20.7to organizations, service providers, and programs owned and led by African Americans and
657		-	20.8other individuals from communities disproportionately represented in the child welfare
658		-	20.9system to provide services and support for African American and disproportionately
659		-	20.10represented children and their families involved in Minnesota's child welfare system,
660		-	20.11including supporting existing eligible services and facilitating the development of new
661		-	20.12services and providers, to create a more expansive network of service providers available
662		-	20.13for African American and disproportionately represented children and their families.
663		-	20.14 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
664		-	20.15are not limited to:
665		-	20.16 (1) child out-of-home placement prevention and reunification services;
666		-	20.17 (2) family-based services and reunification therapy;
667		-	20.18 (3) culturally specific individual and family counseling;
668		-	20.19 (4) court advocacy;
669		-	20.20 (5) training for and consultation to responsible social services agencies and private social
670		-	20.21services agencies regarding this act;
671		-	20.22 (6) development and promotion of culturally informed, affirming, and responsive
672		-	20.23community-based prevention and family preservation services that target the children, youth,
673		-	20.24families, and communities of African American and African heritage experiencing the
674		-	20.25highest disparities, disproportionality, and overrepresentation in the Minnesota child welfare
675		-	20.26system;
676		-	20.27 (7) culturally affirming and responsive services that work with children and families in
677		-	20.28their communities to address their needs and ensure child and family safety and well-being
678		-	20.29within a culturally appropriate lens and framework;
679		-	20.30 (8) services to support informal kinship care arrangements; and
680		-	20Sec. 13.
681		-	S0716-5 5th EngrossmentSF716 REVISOR BD 21.1 (9) other activities and services approved by the commissioner that further the goals of
682		-	21.2the Minnesota African American Family Preservation and Child Welfare Disproportionality
683		-	21.3Act, including but not limited to the recruitment of African American staff and staff from
684		-	21.4other communities disproportionately represented in the child welfare system to work for
685		-	21.5responsible social services agencies and licensed child-placing agencies.
686		-	21.6 (b) The commissioner may specify the priority of an activity and service based on its
687		-	21.7success in furthering these goals. The commissioner shall give preference to programs and
688		-	21.8service providers that are located in or serve counties with the highest rates of child welfare
689		-	21.9disproportionality for African American and other disproportionately represented children
690		-	21.10and their families and employ staff who represent the population primarily served.
691		-	21.11 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
692		-	21.12existing services or for the following purposes:
693		-	21.13 (1) child day care that is necessary solely because of the employment or training for
694		-	21.14employment of a parent or another relative with whom the child is living;
695		-	21.15 (2) foster care maintenance or difficulty of care payments;
696		-	21.16 (3) residential treatment facility payments;
697		-	21.17 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
698		-	21.18or 256N;
699		-	21.19 (5) public assistance payments for Minnesota family investment program assistance,
700		-	21.20supplemental aid, medical assistance, general assistance, general assistance medical care,
701		-	21.21or community health services; or
702		-	21.22 (6) administrative costs for income maintenance staff.
703		-	21.23 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
704		-	21.24under subdivisions 1, 2, and 3 and specify the information and criteria required.
705		-	21.25 EFFECTIVE DATE.This section is effective July 1, 2024.
706		-	21.26Sec. 14. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
707		-	21.27 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
708		-	21.28under a previous order of the court, a child who is ten years of age or older, the responsible
709		-	21.29social services agency, or a guardian ad litem may file a petition for the reestablishment of
710		-	21.30the legal parent and child relationship. A parent filing a petition under this section shall pay
711		-	21.31a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The
712		-	21Sec. 14.
713		-	S0716-5 5th EngrossmentSF716 REVISOR BD 22.1filing fee may be waived pursuant to chapter 563. A petition for the reestablishment of the
714		-	22.2legal parent and child relationship may be filed when:
715		-	22.3 (1) in cases where the county attorney is the petitioning party, both the responsible social
716		-	22.4services agency and the county attorney agree that reestablishment of the legal parent and
717		-	22.5child relationship is in the child's best interests;
718		-	22.6 (2) (1) the parent has corrected the conditions that led to an order terminating parental
719		-	22.7rights;
720		-	22.8 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain
721		-	22.9the health, safety, and welfare of the child;
722		-	22.10 (4) (3) the child has been in foster care for at least 48 24 months after the court issued
723		-	22.11the order terminating parental rights;
724		-	22.12 (5) (4) the child has not been adopted; and
725		-	22.13 (6) (5) the child is not the subject of a written adoption placement agreement between
726		-	22.14the responsible social services agency and the prospective adoptive parent, as required under
727		-	22.15Minnesota Rules, part 9560.0060, subpart 2.
728		-	22.16 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
729		-	22.17under section 20.
730		-	22.18Sec. 15. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
731		-	22.19 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
732		-	22.20legal parent and child relationship only if it finds by clear and convincing evidence that:
733		-	22.21 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
734		-	22.22 (2) the child has not been adopted;
735		-	22.23 (3) the child is not the subject of a written adoption placement agreement between the
736		-	22.24responsible social services agency and the prospective adoptive parent, as required under
737		-	22.25Minnesota Rules, part 9560.0060, subpart 2;
738		-	22.26 (4) at least 48 24 months have elapsed following a final order terminating parental rights
739		-	22.27and the child remains in foster care;
740		-	22.28 (5) the child desires to reside with the parent;
741		-	22.29 (6) the parent has corrected the conditions that led to an order terminating parental rights;
742		-	22.30and
743		-	22Sec. 15.
744		-	S0716-5 5th EngrossmentSF716 REVISOR BD 23.1 (7) the parent is willing and has the capability to provide day-to-day care and maintain
745		-	23.2the health, safety, and welfare of the child.
746		-	23.3 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
747		-	23.4under section 20.
748		-	23.5 Sec. 16. DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
749		-	23.6DISAGGREGATE DATA.
750		-	23.7 The commissioner of human services must establish a process to improve the
751		-	23.8disaggregation of data to monitor child welfare outcomes for African American and other
752		-	23.9disproportionately represented children in the child welfare system. The commissioner must
753		-	23.10begin disaggregating data by January 1, 2027.
754		-	23.11 EFFECTIVE DATE.This section is effective January 1, 2027.
755		-	23.12Sec. 17. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
756		-	23.13 The commissioner of human services shall develop, maintain, and administer a publicly
757		-	23.14accessible online compliance and feedback portal to receive reports of noncompliance with
758		-	23.15the Minnesota African American Family Preservation and Child Welfare Disproportionality
759		-	23.16Act under Minnesota Statutes, sections 260.61 to 260.693, and other statutes related to child
760		-	23.17maltreatment, safety, and placement. Reports received through the portal must be transferred
761		-	23.18for review and further action to the appropriate unit or department within the Department
762		-	23.19of Human Services, including but not limited to the African American Child Well-Being
763		-	23.20Unit.
764		-	23.21 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
765		-	23.22under section 20.
766		-	23.23Sec. 18. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
767		-	23.24IN FOSTER CARE BEST PRACTICES.
768		-	23.25 The commissioner of human services shall develop and publish guidance on best practices
769		-	23.26for ensuring that African American and disproportionately represented children in foster
770		-	23.27care maintain connections and relationships with their parents, custodians, and extended
771		-	23.28relatives. The commissioner shall also develop and publish best practice guidance on
772		-	23.29engaging and assessing noncustodial and nonadjudicated parents to care for their African
773		-	23.30American or disproportionately represented children who cannot remain with the children's
774		-	23.31custodial parents.
775		-	23Sec. 18.
776		-	S0716-5 5th EngrossmentSF716 REVISOR BD 24.1 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
777		-	24.2under section 20.
778		-	24.3 Sec. 19. DIRECTION TO COMMISSIONER; COMPLIANCE SYSTEM REVIEW
779		-	24.4DEVELOPMENT .
780		-	24.5 (a) By January 1, 2026, the commissioner of human services, in consultation with counties
781		-	24.6and the working group established under section 21, must develop a system to review county
782		-	24.7compliance with the Minnesota African American Family Preservation and Child Welfare
783		-	24.8Disproportionality Act. The system may include but is not limited to the cases to be reviewed,
784		-	24.9the criteria to be reviewed to demonstrate compliance, the rate of noncompliance and the
785		-	24.10coordinating penalty, the program improvement plan, and training.
786		-	24.11 (b) By January 1, 2026, the commissioner of human services must provide a report to
787		-	24.12the chairs and ranking minority members of the legislative committees with jurisdiction
788		-	24.13over child welfare on the proposed compliance system review process and language to
789		-	24.14codify that process in statute.
790		-	24.15 EFFECTIVE DATE.This section is effective July 1, 2024.
791		-	24.16Sec. 20. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
792		-	24.17CHILD WELFARE DISPROPORTIONALITY ACT; PHASE-IN PROGRAM.
793		-	24.18 (a) The commissioner of human services must establish a phase-in program that
794		-	24.19implements sections 1 to 17 in Hennepin and Ramsey Counties. The commissioner may
795		-	24.20allow additional counties to participate in the phase-in program upon the request of the
796		-	24.21counties.
797		-	24.22 (b) The commissioner of human services must report on the outcomes of the phase-in
798		-	24.23program, including the number of participating families, the rate of children in out-of-home
799		-	24.24placement, and the measures taken to prevent out-of-home placement for each participating
800		-	24.25family, to the chairs and ranking minority members of the legislative committees with
801		-	24.26jurisdiction over child welfare.
802		-	24.27 (c) Sections 1 to 17 are effective January 1, 2025, for purposes of this phase-in program.
803		-	24.28Case review reports under section 9, subdivision 2, must be provided beginning January 1,
804		-	24.292026.
805		-	24.30 (d) This section expires July 1, 2027.
806		-	24.31 EFFECTIVE DATE.This section is effective January 1, 2025.
807		-	24Sec. 20.
808		-	S0716-5 5th EngrossmentSF716 REVISOR BD 25.1 Sec. 21. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
809		-	25.2CHILD WELFARE DISPROPORTIONALITY ACT; WORKING GROUP.
810		-	25.3 (a) The commissioner of human services must establish a working group to provide
811		-	25.4guidance and oversight for the Minnesota African American Family Preservation and Child
812		-	25.5Welfare Disproportionality Act phase-in program.
813		-	25.6 (b) The members of the working group must include representatives from the Minnesota
814		-	25.7Association of County Social Service Administrators, the Association of Minnesota Counties,
815		-	25.8the Minnesota Inter-County Association, the Minnesota County Attorneys Association,
816		-	25.9Hennepin County, Ramsey County, the Department of Human Services, and community
817		-	25.10organizations with experience in child welfare. The legislature may provide recommendations
818		-	25.11to the commissioner on the selection of the representatives from the community organizations.
819		-	25.12 (c) The working group must provide oversight of the phase-in program and evaluate the
820		-	25.13cost of the phase-in program. The working group must also assess future costs of
821		-	25.14implementing the Minnesota African American Family Preservation and Child Welfare
822		-	25.15Disproportionality Act statewide.
823		-	25.16 (d) By January 1, 2026, the working group must develop and submit an interim report
824		-	25.17to the chairs and ranking minority members of the legislative committees with jurisdiction
825		-	25.18over child welfare detailing initial needs for the implementation of the Minnesota African
826		-	25.19American Family Preservation and Child Welfare Disproportionality Act. The interim report
827		-	25.20must also include recommendations for any statutory or policy changes necessary to
828		-	25.21implement the act.
829		-	25.22 (e) By September 1, 2026, the working group must develop an implementation plan and
830		-	25.23best practices for the Minnesota African American Family Preservation and Child Welfare
831		-	25.24Disproportionality Act to go into effect statewide.
832		-	25.25 EFFECTIVE DATE.This section is effective July 1, 2024.
833		-	25.26Sec. 22. APPROPRIATIONS; MINNESOTA AFRICAN AMERICAN FAMILY
834		-	25.27PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT.
835		-	25.28 (a) $5,000,000 in fiscal year 2025 is appropriated from the general fund to the
836		-	25.29commissioner of human services for grants to Hennepin and Ramsey Counties to implement
837		-	25.30the Minnesota African American Family Preservation and Child Welfare Disproportionality
838		-	25.31Act phase-in program. Of this amount, $2,500,000 must be provided to Hennepin County
839		-	25.32and $2,500,000 must be provided to Ramsey County. This is a onetime appropriation and
840		-	25.33is available until June 30, 2026.
841		-	25Sec. 22.
842		-	S0716-5 5th EngrossmentSF716 REVISOR BD 26.1 (b) $1,000,000 in fiscal year 2025 is appropriated from the general fund to the
843		-	26.2commissioner of human services for the African American and disproportionately represented
844		-	26.3family preservation grant program under Minnesota Statutes, section 260.693.
845		-	26.4Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for
846		-	26.5administrative costs under this paragraph is $0.
847		-	26.6 (c) $2,367,000 in fiscal year 2025 is appropriated from the general fund to the
848		-	26.7commissioner of human services to implement the African American Family Preservation
849		-	26.8and Child Welfare Disproportionality Act. The base for this appropriation is $3,251,000 in
850		-	26.9fiscal year 2026 and $3,110,000 in fiscal year 2027.
851		-	26Sec. 22.
852		-	S0716-5 5th EngrossmentSF716 REVISOR BD
	572	+	S0716-4 4th EngrossmentSF716 REVISOR BD 18.1African American Family Preservation and Child Welfare Disproportionality Act, and
	573	+	18.2identify trends or patterns in child welfare outcomes for African American children.
	574	+	18.3 (e) The unit must review information from members of the public received through the
	575	+	18.4compliance and feedback portal, including policy and practice concerns related to individual
	576	+	18.5child welfare cases. After assessing a case concern, the unit may determine if further
	577	+	18.6necessary action should be taken, which may include coordinating case remediation with
	578	+	18.7other relevant child welfare agencies in accordance with data privacy laws, including the
	579	+	18.8African American Child Well-Being Advisory Council, and offering case consultation and
	580	+	18.9technical assistance to the responsible local social services agency as needed or requested
	581	+	18.10by the agency.
	582	+	18.11 Subd. 3.Reports.(a) The African American Child Well-Being Unit must provide regular
	583	+	18.12updates on unit activities, including summary reports of case reviews, to the African
	584	+	18.13American Child Well-Being Advisory Council, and must publish an annual census of African
	585	+	18.14American children in out-of-home placements statewide. The annual census must include
	586	+	18.15data on the types of placements, age and sex of the children, how long the children have
	587	+	18.16been in out-of-home placements, and other relevant demographic information.
	588	+	18.17 (b) The African American Child Well-Being Unit shall gather summary data about the
	589	+	18.18practice and policy inquiries and individual case concerns received through the compliance
	590	+	18.19and feedback portal under subdivision 2, paragraph (e). The unit shall provide regular reports
	591	+	18.20of the nonidentifying compliance and feedback portal summary data to the African American
	592	+	18.21Child Well-Being Advisory Council to identify child welfare trends and patterns to assist
	593	+	18.22with developing policy and practice recommendations to support eliminating disparity and
	594	+	18.23disproportionality for African American children.
	595	+	18.24 EFFECTIVE DATE.This section is effective July 1, 2024.
	596	+	18.25Sec. 13. [260.693] AFRICAN AMERICAN AND DISPROPORTIONATELY
	597	+	18.26REPRESENTED FAMILY PRESERVATION GRANTS.
	598	+	18.27 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
	599	+	18.28to organizations, service providers, and programs owned and led by African Americans and
	600	+	18.29other individuals from communities disproportionately represented in the child welfare
	601	+	18.30system to provide services and support for African American and disproportionately
	602	+	18.31represented children and their families involved in Minnesota's child welfare system,
	603	+	18.32including supporting existing eligible services and facilitating the development of new
	604	+	18.33services and providers, to create a more expansive network of service providers available
	605	+	18.34for African American and disproportionately represented children and their families.
	606	+	18Sec. 13.
	607	+	S0716-4 4th EngrossmentSF716 REVISOR BD 19.1 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
	608	+	19.2are not limited to:
	609	+	19.3 (1) child out-of-home placement prevention and reunification services;
	610	+	19.4 (2) family-based services and reunification therapy;
	611	+	19.5 (3) culturally specific individual and family counseling;
	612	+	19.6 (4) court advocacy;
	613	+	19.7 (5) training for and consultation to responsible social services agencies and private social
	614	+	19.8services agencies regarding this act;
	615	+	19.9 (6) development and promotion of culturally informed, affirming, and responsive
	616	+	19.10community-based prevention and family preservation services that target the children, youth,
	617	+	19.11families, and communities of African American and African heritage experiencing the
	618	+	19.12highest disparities, disproportionality, and overrepresentation in the Minnesota child welfare
	619	+	19.13system;
	620	+	19.14 (7) culturally affirming and responsive services that work with children and families in
	621	+	19.15their communities to address their needs and ensure child and family safety and well-being
	622	+	19.16within a culturally appropriate lens and framework;
	623	+	19.17 (8) services to support informal kinship care arrangements; and
	624	+	19.18 (9) other activities and services approved by the commissioner that further the goals of
	625	+	19.19the Minnesota African American Family Preservation and Child Welfare Disproportionality
	626	+	19.20Act, including but not limited to the recruitment of African American staff and staff from
	627	+	19.21other communities disproportionately represented in the child welfare system to work for
	628	+	19.22responsible social services agencies and licensed child-placing agencies.
	629	+	19.23 (b) The commissioner may specify the priority of an activity and service based on its
	630	+	19.24success in furthering these goals. The commissioner shall give preference to programs and
	631	+	19.25service providers that are located in or serve counties with the highest rates of child welfare
	632	+	19.26disproportionality for African American and other disproportionately represented children
	633	+	19.27and their families and employ staff who represent the population primarily served.
	634	+	19.28 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
	635	+	19.29existing services or for the following purposes:
	636	+	19.30 (1) child day care that is necessary solely because of the employment or training for
	637	+	19.31employment of a parent or another relative with whom the child is living;
	638	+	19.32 (2) foster care maintenance or difficulty of care payments;
	639	+	19Sec. 13.
	640	+	S0716-4 4th EngrossmentSF716 REVISOR BD 20.1 (3) residential treatment facility payments;
	641	+	20.2 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
	642	+	20.3or 256N;
	643	+	20.4 (5) public assistance payments for Minnesota family investment program assistance,
	644	+	20.5supplemental aid, medical assistance, general assistance, general assistance medical care,
	645	+	20.6or community health services; or
	646	+	20.7 (6) administrative costs for income maintenance staff.
	647	+	20.8 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
	648	+	20.9under subdivisions 1, 2, and 3 and specify the information and criteria required.
	649	+	20.10 EFFECTIVE DATE.This section is effective July 1, 2024.
	650	+	20.11Sec. 14. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
	651	+	20.12 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
	652	+	20.13under a previous order of the court, a child who is ten years of age or older, the responsible
	653	+	20.14social services agency, or a guardian ad litem may file a petition for the reestablishment of
	654	+	20.15the legal parent and child relationship. A parent filing a petition under this section shall pay
	655	+	20.16a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The
	656	+	20.17filing fee may be waived pursuant to chapter 563. A petition for the reestablishment of the
	657	+	20.18legal parent and child relationship may be filed when:
	658	+	20.19 (1) in cases where the county attorney is the petitioning party, both the responsible social
	659	+	20.20services agency and the county attorney agree that reestablishment of the legal parent and
	660	+	20.21child relationship is in the child's best interests;
	661	+	20.22 (2) (1) the parent has corrected the conditions that led to an order terminating parental
	662	+	20.23rights;
	663	+	20.24 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain
	664	+	20.25the health, safety, and welfare of the child;
	665	+	20.26 (4) (3) the child has been in foster care for at least 48 24 months after the court issued
	666	+	20.27the order terminating parental rights;
	667	+	20.28 (5) (4) the child has not been adopted; and
	668	+	20.29 (6) (5) the child is not the subject of a written adoption placement agreement between
	669	+	20.30the responsible social services agency and the prospective adoptive parent, as required under
	670	+	20.31Minnesota Rules, part 9560.0060, subpart 2.
	671	+	20Sec. 14.
	672	+	S0716-4 4th EngrossmentSF716 REVISOR BD 21.1 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	673	+	21.2section 20.
	674	+	21.3 Sec. 15. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
	675	+	21.4 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
	676	+	21.5legal parent and child relationship only if it finds by clear and convincing evidence that:
	677	+	21.6 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
	678	+	21.7 (2) the child has not been adopted;
	679	+	21.8 (3) the child is not the subject of a written adoption placement agreement between the
	680	+	21.9responsible social services agency and the prospective adoptive parent, as required under
	681	+	21.10Minnesota Rules, part 9560.0060, subpart 2;
	682	+	21.11 (4) at least 48 24 months have elapsed following a final order terminating parental rights
	683	+	21.12and the child remains in foster care;
	684	+	21.13 (5) the child desires to reside with the parent;
	685	+	21.14 (6) the parent has corrected the conditions that led to an order terminating parental rights;
	686	+	21.15and
	687	+	21.16 (7) the parent is willing and has the capability to provide day-to-day care and maintain
	688	+	21.17the health, safety, and welfare of the child.
	689	+	21.18 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	690	+	21.19section 20.
	691	+	21.20Sec. 16. DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
	692	+	21.21DISAGGREGATE DATA.
	693	+	21.22 The commissioner of human services must establish a process to improve the
	694	+	21.23disaggregation of data to monitor child welfare outcomes for African American and other
	695	+	21.24disproportionately represented children in the child welfare system. The commissioner must
	696	+	21.25begin disaggregating data by January 1, 2027.
	697	+	21.26 EFFECTIVE DATE.This section is effective July 1, 2026.
	698	+	21.27Sec. 17. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
	699	+	21.28 The commissioner of human services shall develop, maintain, and administer a publicly
	700	+	21.29accessible online compliance and feedback portal to receive reports of noncompliance with
	701	+	21.30the Minnesota African American Family Preservation and Child Welfare Disproportionality
	702	+	21Sec. 17.
	703	+	S0716-4 4th EngrossmentSF716 REVISOR BD 22.1Act under Minnesota Statutes, sections 260.61 to 260.693, and other statutes related to child
	704	+	22.2maltreatment, safety, and placement. Reports received through the portal must be transferred
	705	+	22.3for review and further action to the appropriate unit or department within the Department
	706	+	22.4of Human Services, including but not limited to the African American Child Well-Being
	707	+	22.5Unit.
	708	+	22.6 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	709	+	22.7section 20.
	710	+	22.8 Sec. 18. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
	711	+	22.9IN FOSTER CARE BEST PRACTICES.
	712	+	22.10 The commissioner of human services shall develop and publish guidance on best practices
	713	+	22.11for ensuring that African American and disproportionately represented children in foster
	714	+	22.12care maintain connections and relationships with their parents, custodians, and extended
	715	+	22.13relatives. The commissioner shall also develop and publish best practice guidance on
	716	+	22.14engaging and assessing noncustodial and nonadjudicated parents to care for their African
	717	+	22.15American or disproportionately represented children who cannot remain with the children's
	718	+	22.16custodial parents.
	719	+	22.17 EFFECTIVE DATE.This section is effective July 1, 2026, except as provided under
	720	+	22.18section 20.
	721	+	22.19Sec. 19. DIRECTION TO COMMISSIONER; COMPLIANCE SYSTEM REVIEW
	722	+	22.20DEVELOPMENT .
	723	+	22.21 (a) By January 1, 2026, the commissioner of human services, in consultation with counties
	724	+	22.22and the working group established under section 21, must develop a system to review county
	725	+	22.23compliance with the Minnesota African American Family Preservation and Child Welfare
	726	+	22.24Disproportionality Act. The system may include but is not limited to the cases to be reviewed,
	727	+	22.25the criteria to be reviewed to demonstrate compliance, the rate of noncompliance and the
	728	+	22.26coordinating penalty, the program improvement plan, and training.
	729	+	22.27 (b) By January 1, 2026, the commissioner of human services must provide a report to
	730	+	22.28the chairs and ranking minority members of the legislative committees with jurisdiction
	731	+	22.29over child welfare on the proposed compliance system review process and language to
	732	+	22.30codify that process in statute.
	733	+	22.31 EFFECTIVE DATE.This section is effective July 1, 2024.
	734	+	22Sec. 19.
	735	+	S0716-4 4th EngrossmentSF716 REVISOR BD 23.1 Sec. 20. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
	736	+	23.2CHILD WELFARE DISPROPORTIONALITY ACT; PHASE-IN PROGRAM.
	737	+	23.3 (a) The commissioner of human services must establish a phase-in program that
	738	+	23.4implements sections 1 to 18 in Hennepin and Ramsey Counties.
	739	+	23.5 (b) The commissioner of human services must report on the outcomes of the phase-in
	740	+	23.6program, including the number of participating families, the rate of children in out-of-home
	741	+	23.7placement, and the measures taken to prevent out-of-home placement for each participating
	742	+	23.8family to the chairs and ranking minority members of the legislative committees with
	743	+	23.9jurisdiction over child welfare.
	744	+	23.10 (c) Sections 1 to 18 are effective July 1, 2024, for purposes of this phase-in program.
	745	+	23.11 (d) This section expires July 1, 2027.
	746	+	23.12 EFFECTIVE DATE.This section is effective July 1, 2024.
	747	+	23.13Sec. 21. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
	748	+	23.14CHILD WELFARE DISPROPORTIONALITY ACT; WORKING GROUP.
	749	+	23.15 (a) The commissioner of human services must establish a working group to provide
	750	+	23.16guidance and oversight for the Minnesota African American Family Preservation and Child
	751	+	23.17Welfare Disproportionality Act phase-in programs in Hennepin and Ramsey Counties.
	752	+	23.18 (b) The members of the working group must include representatives from the Minnesota
	753	+	23.19Association of County Social Service Administrators, the Association of Minnesota Counties,
	754	+	23.20the Minnesota County Attorneys Association, Hennepin County, Ramsey County, the
	755	+	23.21Department of Human Services, and community organizations with experience in child
	756	+	23.22welfare. The legislature may provide recommendations to the commissioner on the selection
	757	+	23.23of the representatives from the community organizations.
	758	+	23.24 (c) The working group must provide oversight of the phase-in program and evaluate the
	759	+	23.25cost of the phase-in program. The working group must also assess future costs of
	760	+	23.26implementing the Minnesota African American Family Preservation and Child Welfare
	761	+	23.27Disproportionality Act statewide.
	762	+	23.28 (d) By June 30, 2026, the working group must develop an implementation plan and best
	763	+	23.29practices for the Minnesota African American Family Preservation and Child Welfare
	764	+	23.30Disproportionality Act to go into effect statewide.
	765	+	23.31 EFFECTIVE DATE.This section is effective July 1, 2024.
	766	+	23Sec. 21.
	767	+	S0716-4 4th EngrossmentSF716 REVISOR BD 24.1 Sec. 22. APPROPRIATIONS; MINNESOTA AFRICAN AMERICAN FAMILY
	768	+	24.2PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT.
	769	+	24.3 (a) $5,000,000 in fiscal year 2025 is appropriated from the general fund to the
	770	+	24.4commissioner of human services for grants to Hennepin and Ramsey Counties to implement
	771	+	24.5the Minnesota African American Family Preservation and Child Welfare Disproportionality
	772	+	24.6Act phase-in program. This is a onetime appropriation and is available until June 30, 2026.
	773	+	24.7 (b) $1,000,000 in fiscal year 2025 is appropriated from the general fund to the
	774	+	24.8commissioner of human services for the African American and disproportionately represented
	775	+	24.9family preservation grant program under Minnesota Statutes, section 260.693.
	776	+	24.10Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for
	777	+	24.11administrative costs under this paragraph is $0.
	778	+	24.12 (c) $1,967,000 in fiscal year 2025 is appropriated from the general fund to the
	779	+	24.13commissioner of human services to implement the African American Family Preservation
	780	+	24.14and Child Welfare Disproportionality Act. The base for this appropriation is $3,451,000 in
	781	+	24.15fiscal year 2026 and $3,310,000 in fiscal year 2027.
	782	+	24Sec. 22.
	783	+	S0716-4 4th EngrossmentSF716 REVISOR BD