1.1 A bill for an act
1.2 relating to human services; establishing the Minnesota African American Family
1.3 Preservation and Child Welfare Disproportionality Act; modifying child welfare
1.4 provisions; requiring reports; appropriating money; amending Minnesota Statutes
1.5 2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in
1.6 Minnesota Statutes, chapter 260.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [260.61] CITATION.
1.9 Sections 260.61 to 260.693 may be cited as the "Minnesota African American Family
1.10Preservation and Child Welfare Disproportionality Act."
1.11 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
1.12under section 20.
1.13 Sec. 2. [260.62] PURPOSES.
1.14 (a) The purposes of the Minnesota African American Family Preservation and Child
1.15Welfare Disproportionality Act are to:
1.16 (1) protect the best interests of African American and disproportionately represented
1.17children;
1.18 (2) promote the stability and security of African American and disproportionately
1.19represented children and their families by establishing minimum standards to prevent the
1.20arbitrary and unnecessary removal of African American and disproportionately represented
1.21children from their families; and
1Sec. 2.
S0716-5 5th EngrossmentSF716 REVISOR BD
SENATE
STATE OF MINNESOTA
S.F. No. 716NINETY-THIRD SESSION
(SENATE AUTHORS: CHAMPION, Kunesh, Murphy, Maye Quade and Abeler)
OFFICIAL STATUSD-PGDATE
Introduction and first reading37601/25/2023
Referred to Health and Human Services
Author added Kunesh57502/01/2023
Author added Murphy1155902/12/2024
Author added Maye Quade1165902/19/2024
Author added Abeler1206403/07/2024
Comm report: To pass as amended and re-refer to Judiciary and Public Safety12368a03/18/2024
Comm report: To pass as amended and re-refer to Finance12898a04/02/2024
Comm report: To pass as amended1643705/07/2024
Second reading16460
Special Order: Amended16636a05/09/2024
Third reading Passed16637
Returned from House with amendment1727005/15/2024
Senate not concur, conference committee of 3 requested17270
Senate conferees Champion; Oumou Verbeten; Abeler17271
House conferees Agbaje; Hudson; Hollins1730205/17/2024
Conference committee report, delete everything17559c
Senate adopted CC report and repassed bill17579
Third reading17579
Presentment date 05/18/24 2.1 (3) improve permanency outcomes, including family reunification, for African American
2.2and disproportionately represented children.
2.3 (b) Nothing in this legislation is intended to interfere with the protections of the Indian
2.4Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the
2.5Minnesota Indian Family Preservation Act, sections 260.751 to 260.835. The federal Indian
2.6Child Welfare Act and the Minnesota Indian Family Preservation Act apply in any child
2.7placement proceeding, as defined in section 260.755, subdivision 3, involving an Indian
2.8child, as defined in section 260.755, subdivision 8.
2.9 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
2.10under section 20.
2.11 Sec. 3. [260.63] DEFINITIONS.
2.12 Subdivision 1.Scope.The definitions in this section apply to sections 260.61 to 260.693.
2.13 Subd. 2.Active efforts."Active efforts" means a rigorous and concerted level of effort
2.14that the responsible social services agency must continuously make throughout the time
2.15that the responsible social services agency is involved with an African American or a
2.16disproportionately represented child and the child's family. To provide active efforts to
2.17preserve an African American or a disproportionately represented child's family, the
2.18responsible social services agency must continuously involve an African American or a
2.19disproportionately represented child's family in all services for the family, including case
2.20planning and choosing services and providers, and inform the family of the ability to file a
2.21report of noncompliance with this act with the commissioner through the child welfare
2.22compliance and feedback portal. When providing active efforts, a responsible social services
2.23agency must consider an African American or a disproportionately represented child's
2.24family's social and cultural values at all times while providing services to the African
2.25American or disproportionately represented child and the child's family. Active efforts
2.26includes continuous efforts to preserve an African American or a disproportionately
2.27represented child's family and to prevent the out-of-home placement of an African American
2.28or a disproportionately represented child. If an African American or a disproportionately
2.29represented child enters out-of-home placement, the responsible social services agency must
2.30make active efforts to reunify the African American or disproportionately represented child
2.31with the child's family as soon as possible. Active efforts sets a higher standard for the
2.32responsible social services agency than reasonable efforts to preserve the child's family,
2.33prevent the child's out-of-home placement, and reunify the child with the child's family.
2Sec. 3.
S0716-5 5th EngrossmentSF716 REVISOR BD 3.1Active efforts includes the provision of reasonable efforts as required by Title IV-E of the
3.2Social Security Act, United States Code, title 42, sections 670 to 679c.
3.3 Subd. 3.Adoptive placement."Adoptive placement" means the permanent placement
3.4of an African American or a disproportionately represented child made by the responsible
3.5social services agency upon a fully executed adoption placement agreement, including the
3.6signatures of the adopting parent, the responsible social services agency, and the
3.7commissioner of human services according to section 260C.613, subdivision 1.
3.8 Subd. 4.African American child."African American child" means a person under 18
3.9years of age having origins in Africa, including a child of two or more races who has at
3.10least one parent with origins in Africa. Whether a child or parent has origins in Africa is
3.11based upon self-identification or identification of the child's origins by the parent or guardian.
3.12 Subd. 5.Best interests of the African American or disproportionately represented
3.13child.The "best interests of the African American or disproportionately represented child"
3.14means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
3.15the African American or disproportionately represented child's community and cultural
3.16norms and allows the child to remain safely at home with the child's family. The best interests
3.17of the African American or disproportionately represented child support the child's sense
3.18of belonging to the child's family, extended family, kin, and cultural community.
3.19 Subd. 6.Child placement proceeding.(a) "Child placement proceeding" means any
3.20judicial proceeding that could result in:
3.21 (1) an adoptive placement;
3.22 (2) a foster care placement;
3.23 (3) a preadoptive placement; or
3.24 (4) a termination of parental rights.
3.25 (b) Judicial proceedings under this subdivision include a child's placement based upon
3.26a child's juvenile status offense but do not include a child's placement based upon:
3.27 (1) an act which if committed by an adult would be deemed a crime; or
3.28 (2) an award of child custody in a divorce proceeding to one of the child's parents.
3.29 Subd. 7.Commissioner."Commissioner" means the commissioner of human services
3.30or the commissioner's designee.
3.31 Subd. 8.Custodian."Custodian" means any person who is under a legal obligation to
3.32provide care and support for an African American or a disproportionately represented child,
3Sec. 3.
S0716-5 5th EngrossmentSF716 REVISOR BD 4.1or who is in fact providing daily care and support for an African American or a
4.2disproportionately represented child. This subdivision does not impose a legal obligation
4.3upon a person who is not otherwise legally obligated to provide a child with necessary food,
4.4clothing, shelter, education, or medical care.
4.5 Subd. 9.Disproportionality."Disproportionality" means the overrepresentation of
4.6African American children and other disproportionately represented children in Minnesota's
4.7child welfare system population as compared to the representation of those children in
4.8Minnesota's total child population.
4.9 Subd. 10.Disproportionately represented child."Disproportionately represented child"
4.10means a person who is under the age of 18 and who is a member of a community whose
4.11race, culture, ethnicity, disability status, or low-income socioeconomic status is
4.12disproportionately encountered, engaged, or identified in the child welfare system as
4.13compared to the representation in the state's total child population, as determined on an
4.14annual basis by the commissioner. A child's race, culture, or ethnicity is determined based
4.15upon a child's self-identification or identification of a child's race, culture, or ethnicity as
4.16reported by the child's parent or guardian.
4.17 Subd. 11.Egregious harm."Egregious harm" has the meaning given in section 260E.03,
4.18subdivision 5.
4.19 Subd. 12.Foster care placement."Foster care placement" means the temporary
4.20placement of an African American or a disproportionately represented child in foster care
4.21as defined in section 260C.007, subdivision 18, following the court-ordered removal of the
4.22child when the parent or legal custodian cannot have the child returned upon demand.
4.23 Subd. 13.Imminent physical damage or harm."Imminent physical damage or harm"
4.24means that a child is threatened with immediate and present conditions that are
4.25life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
4.26The existence of community or family poverty, isolation, single parenthood, age of the
4.27parent, crowded or inadequate housing, substance use, prenatal drug or alcohol exposure,
4.28mental illness, disability or special needs of the parent or child, or nonconforming social
4.29behavior does not by itself constitute imminent physical damage or harm.
4.30 Subd. 14.Responsible social services agency."Responsible social services agency"
4.31has the meaning given in section 260C.007, subdivision 27a.
4.32 Subd. 15.Parent."Parent" means the biological parent of an African American or a
4.33disproportionately represented child or any person who has legally adopted an African
4.34American or a disproportionately represented child. Parent includes an unmarried father
4Sec. 3.
S0716-5 5th EngrossmentSF716 REVISOR BD 5.1whose paternity has been acknowledged or established and a putative father. Paternity has
5.2been acknowledged when an unmarried father takes any action to hold himself out as the
5.3biological father of a child.
5.4 Subd. 16.Preadoptive placement."Preadoptive placement" means a responsible social
5.5services agency's placement of an African American or a disproportionately represented
5.6child when the child is under the guardianship of the commissioner for the purpose of
5.7adoption but an adoptive placement agreement for the child has not been fully executed.
5.8 Subd. 17.Relative."Relative" has the meaning given in section 260C.007, subdivision
5.927.
5.10 Subd. 18.Safety network."Safety network" means a group of individuals identified by
5.11the parent and child, when appropriate, that is accountable for developing, implementing,
5.12sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
5.13child.
5.14 Subd. 19.Sexual abuse."Sexual abuse" has the meaning given in section 260E.03,
5.15subdivision 20.
5.16 Subd. 20.Termination of parental rights."Termination of parental rights" means an
5.17action resulting in the termination of the parent-child relationship under section 260C.301.
5.18 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
5.19under section 20.
5.20 Sec. 4. [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
5.21PROMOTE FAMILY REUNIFICATION.
5.22 Subdivision 1.Active efforts.A responsible social services agency shall make active
5.23efforts to prevent the out-of-home placement of an African American or a disproportionately
5.24represented child, eliminate the need for a child's removal from the child's home, and reunify
5.25an African American or a disproportionately represented child with the child's family as
5.26soon as practicable.
5.27 Subd. 2.Safety plan.(a) Prior to petitioning the court to remove an African American
5.28or a disproportionately represented child from the child's home under section 260.66, a
5.29responsible social services agency must work with the child's family to allow the child to
5.30remain in the child's home while implementing a safety plan based on the family's needs.
5.31The responsible social services agency must:
5Sec. 4.
S0716-5 5th EngrossmentSF716 REVISOR BD 6.1 (1) make active efforts to engage the child's parent or custodian and the child, when
6.2appropriate;
6.3 (2) assess the family's cultural and economic needs and, if applicable, needs and services
6.4related to the child's disability;
6.5 (3) hold a family group consultation meeting and connect the family with supports to
6.6establish a safety network for the family; and
6.7 (4) provide support, guidance, and input to assist the family and the family's safety
6.8network with developing the safety plan.
6.9 (b) The safety plan must:
6.10 (1) address the specific allegations impacting the child's safety in the home. If neglect
6.11is alleged, the safety plan must incorporate economic services and supports for the child
6.12and the child's family, if eligible, to address the family's specific needs and prevent neglect;
6.13 (2) incorporate family and community support to ensure the child's safety while keeping
6.14the family intact; and
6.15 (3) be adjusted as needed to address the child's and family's ongoing needs and support.
6.16 (c) The responsible social services agency is not required to establish a safety plan:
6.17 (1) in a case with allegations of sexual abuse or egregious harm;
6.18 (2) when the parent is not willing to follow a safety plan;
6.19 (3) when the parent has abandoned the child or is unavailable to follow a safety plan;
6.20or
6.21 (4) when the parent has chronic substance use disorder issues and is unable to parent
6.22the child.
6.23 Subd. 3.Out-of-home placement prohibited.Unless the court finds by clear and
6.24convincing evidence that the child would be at risk of serious emotional damage or serious
6.25physical damage if the child were to remain in the child's home, a court shall not order a
6.26foster care or permanent out-of-home placement of an African American or a
6.27disproportionately represented child alleged to be in need of protection or services. At each
6.28hearing regarding an African American or a disproportionately represented child who is
6.29alleged or adjudicated to be in need of child protective services, the court shall review
6.30whether the responsible social services agency has provided active efforts to the child and
6.31the child's family and shall require the responsible social services agency to provide evidence
6.32and documentation that demonstrate that the agency is providing culturally informed,
6Sec. 4.
S0716-5 5th EngrossmentSF716 REVISOR BD 7.1strength-based, community-involved, and community-based services to the child and the
7.2child's family.
7.3 Subd. 4.Required findings that active efforts were provided.When determining
7.4whether the responsible social services agency has made active efforts to preserve the child's
7.5family, the court shall make findings regarding whether the responsible social services
7.6agency made appropriate and meaningful services available to the child's family based upon
7.7the family's specific needs. If a court determines that the responsible social services agency
7.8did not make active efforts to preserve the family as required by this section, the court shall
7.9order the responsible social services agency to immediately provide active efforts to the
7.10child and child's family to preserve the family.
7.11 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
7.12under section 20.
7.13 Sec. 5. [260.641] ENSURING FREQUENT VISITATION FOR AFRICAN
7.14AMERICAN AND DISPROPORTIONATELY REPRESENTED CHILDREN IN
7.15OUT-OF-HOME PLACEMENT.
7.16 A responsible social services agency must engage in best practices related to visitation
7.17when an African American or a disproportionately represented child is in out-of-home
7.18placement. When the child is in out-of-home placement, the responsible social services
7.19agency shall make active efforts to facilitate regular and frequent visitation between the
7.20child and the child's parents or custodians, the child's siblings, and the child's relatives. If
7.21visitation is infrequent between the child and the child's parents, custodians, siblings, or
7.22relatives, the responsible social services agency shall make active efforts to increase the
7.23frequency of visitation and address any barriers to visitation.
7.24 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
7.25under section 20.
7.26 Sec. 6. [260.65] NONCUSTODIAL PARENTS; RELATIVE PLACEMENT.
7.27 (a) Prior to the removal of an African American or a disproportionately represented child
7.28from the child's home, the responsible social services agency must make active efforts to
7.29identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives
7.30to notify the child's parent and relatives that the child is or will be placed in foster care, and
7.31provide the child's parent and relatives with a list of legal resources. The notice to the child's
7.32noncustodial or nonadjudicated parent and relatives must also include the information
7.33required under section 260C.221, subdivision 2, paragraph (b). The responsible social
7Sec. 6.
S0716-5 5th EngrossmentSF716 REVISOR BD 8.1services agency must maintain detailed records of the agency's efforts to notify parents and
8.2relatives under this section.
8.3 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
8.4agency must assess an African American or a disproportionately represented child's
8.5noncustodial or nonadjudicated parent's ability to care for the child before placing the child
8.6in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
8.7daily care for the African American or disproportionately represented child temporarily or
8.8permanently, the court shall order that the child be placed in the home of the noncustodial
8.9or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
8.10responsible social services agency must make active efforts to assist a noncustodial or
8.11nonadjudicated parent with remedying any issues that may prevent the child from being
8.12placed with the noncustodial or nonadjudicated parent.
8.13 (c) The relative search, notice, engagement, and placement consideration requirements
8.14under section 260C.221 apply under this act.
8.15 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
8.16under section 20.
8.17 Sec. 7. [260.66] EMERGENCY REMOVAL.
8.18 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
8.19shall be construed to prevent the emergency removal of an African American or a
8.20disproportionately represented child's parent or custodian or the emergency placement of
8.21the child in a foster setting in order to prevent imminent physical damage or harm to the
8.22child.
8.23 Subd. 2.Petition for emergency removal; placement requirements.A petition for a
8.24court order authorizing the emergency removal or continued emergency placement of an
8.25African American or a disproportionately represented child or the petition's accompanying
8.26documents must contain a statement of the risk of imminent physical damage or harm to
8.27the African American or disproportionately represented child and any evidence that the
8.28emergency removal or placement continues to be necessary to prevent imminent physical
8.29damage or harm to the child. The petition or its accompanying documents must also contain
8.30the following information:
8.31 (1) the name, age, and last known address of the child;
8.32 (2) the name and address of the child's parents and custodians or, if unknown, a detailed
8.33explanation of efforts made to locate and contact them;
8Sec. 7.
S0716-5 5th EngrossmentSF716 REVISOR BD 9.1 (3) the steps taken to provide notice to the child's parents and custodians about the
9.2emergency proceeding;
9.3 (4) a specific and detailed account of the circumstances that led the agency responsible
9.4for the emergency removal of the child to take that action; and
9.5 (5) a statement of the efforts that have been taken to assist the child's parents or custodians
9.6so that the child may safely be returned to their custody.
9.7 Subd. 3.Emergency proceeding requirements.(a) The court shall hold a hearing no
9.8later than 72 hours, excluding weekends and holidays, after the emergency removal of the
9.9African American or disproportionately represented child. The court shall determine whether
9.10the emergency removal continues to be necessary to prevent imminent physical damage or
9.11harm to the child and whether, after considering the child's particular circumstances, the
9.12imminent physical damage or harm to the child outweighs the harm that the child will
9.13experience as a result of continuing the emergency removal.
9.14 (b) The court shall hold additional hearings whenever new information indicates that
9.15the emergency situation has ended. The court shall consider all such new information at
9.16any court hearing after the emergency proceeding to determine whether the emergency
9.17removal or placement is no longer necessary to prevent imminent physical damage or harm
9.18to the child.
9.19 (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
9.20Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
9.21or a disproportionately represented child who is subject to an emergency hearing under this
9.22section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
9.23appointed by the court. The court must appoint qualified counsel to represent a parent if the
9.24parent meets the eligibility requirements in section 611.17.
9.25 Subd. 4.Termination of emergency removal or placement.(a) An emergency removal
9.26or placement of an African American or a disproportionately represented child must
9.27immediately terminate once the responsible social services agency or court possesses
9.28sufficient evidence to determine that the emergency removal or placement is no longer
9.29necessary to prevent imminent physical damage or harm to the child and the child shall be
9.30immediately returned to the custody of the child's parent or custodian. The responsible social
9.31services agency or court shall ensure that the emergency removal or placement terminates
9.32immediately when the removal or placement is no longer necessary to prevent imminent
9.33physical damage or harm to the African American or disproportionately represented child.
9Sec. 7.
S0716-5 5th EngrossmentSF716 REVISOR BD 10.1 (b) An emergency removal or placement ends when the court orders, after service upon
10.2the African American or disproportionately represented child's parents or custodians, that
10.3the child shall be placed in foster care upon a determination supported by clear and
10.4convincing evidence that custody of the child by the child's parent or custodian is likely to
10.5result in serious emotional or physical damage to the child.
10.6 (c) In no instance shall emergency removal or emergency placement of an African
10.7American or a disproportionately represented child extend beyond 30 days unless the court
10.8finds by a showing of clear and convincing evidence that:
10.9 (1) continued emergency removal or placement is necessary to prevent imminent physical
10.10damage or harm to the child; and
10.11 (2) it has not been possible to initiate a child placement proceeding with all of the
10.12protections under sections 260.61 to 260.68.
10.13 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
10.14under section 20.
10.15Sec. 8. [260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
10.16CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
10.17PROCEEDINGS.
10.18 Subdivision 1.Preference for permanency placement with a relative.Consistent with
10.19section 260C.513, if an African American or disproportionately represented child cannot
10.20be returned to the child's parent, permanency placement with a relative is preferred. The
10.21court shall consider the requirements of and responsibilities under section 260.012, paragraph
10.22(a), and, if possible and if requirements under section 260C.515, subdivision 4, are met,
10.23transfer permanent legal and physical custody of the child to:
10.24 (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
10.25return to the care of the parent or custodian from whom the child was removed or who had
10.26legal custody at the time that the child was placed in foster care; or
10.27 (2) a willing and able relative, according to the requirements of section 260C.515,
10.28subdivision 4. When the responsible social services agency is the petitioner, prior to the
10.29court ordering a transfer of permanent legal and physical custody to a relative, the responsible
10.30social services agency must inform the relative of Northstar kinship assistance benefits and
10.31eligibility requirements and of the relative's ability to apply for benefits on behalf of the
10.32child under chapter 256N.
10Sec. 8.
S0716-5 5th EngrossmentSF716 REVISOR BD 11.1 Subd. 2.Termination of parental rights restrictions.(a) A court shall not terminate
11.2the parental rights of a parent of an African American or a disproportionately represented
11.3child based solely on the parent's failure to complete case plan requirements.
11.4 (b) Except as provided in paragraph (c), a court shall not terminate the parental rights
11.5of a parent of an African American or a disproportionately represented child in a child
11.6placement proceeding unless the allegations against the parent involve sexual abuse;
11.7egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
11.8or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
11.9first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
11.10of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
11.11assault by strangulation under section 609.2247; felony domestic assault under section
11.12609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
11.13promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
11.14or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
11.15609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
11.16section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
11.17section 609.352; possession of pornographic work involving minors under section 617.247;
11.18malicious punishment or neglect or endangerment of a child under section 609.377 or
11.19609.378; use of a minor in sexual performance under section 617.246; or failing to protect
11.20a child from an overt act or condition that constitutes egregious harm.
11.21 Subd. 3.Termination of parental rights; exceptions.(a) The court may terminate the
11.22parental rights of a parent of an African American or a disproportionately represented child
11.23if a transfer of permanent legal and physical custody under subdivision 1 is not possible
11.24because the child has no willing or able noncustodial parent or relative to whom custody
11.25can be transferred, if it finds that one or more of the following conditions exist:
11.26 (1) that the parent has abandoned the child;
11.27 (2) that a parent is palpably unfit to be a party to the parent and child relationship because
11.28of a consistent pattern of specific conduct before the child or of specific conditions directly
11.29relating to the parent and child relationship, either of which are determined by the court to
11.30be of a duration or nature that renders the parent unable, for the reasonably foreseeable
11.31future, to care appropriately for the ongoing physical, mental, or emotional needs of the
11.32child;
11Sec. 8.
S0716-5 5th EngrossmentSF716 REVISOR BD 12.1 (3) that following the child's placement out of the home, active efforts, under the direction
12.2of the court, have failed to correct the conditions leading to the child's placement. It is
12.3presumed that active efforts under this clause have failed upon a showing that:
12.4 (i) a child has resided out of the parental home under court order for a cumulative period
12.5of 12 months within the preceding 22 months. In the case of a child under age eight at the
12.6time that the petition was filed alleging the child to be in need of protection or services, the
12.7presumption arises when the child has resided out of the parental home under court order
12.8for six months unless the parent has maintained regular contact with the child and the parent
12.9is complying with the out-of-home placement plan;
12.10 (ii) the court has approved the out-of-home placement plan required under section
12.11260C.212 and filed with the court under section 260C.178;
12.12 (iii) conditions leading to the out-of-home placement have not been corrected. It is
12.13presumed that conditions leading to a child's out-of-home placement have not been corrected
12.14upon a showing that the parent or parents have not substantially complied with the court's
12.15orders and a reasonable case plan; and
12.16 (iv) active efforts have been made by the responsible social services agency to rehabilitate
12.17the parent and reunite the family; and
12.18 (4) that a child has experienced egregious harm in the parent's care that is of a nature,
12.19duration, or chronicity that indicates a lack of regard for the child's well-being, such that a
12.20reasonable person would believe it contrary to the best interests of the child or of any child
12.21to be in the parent's care.
12.22 (b) For purposes of paragraph (a), clause (1), abandonment is presumed when:
12.23 (1) the parent has had no contact with the child on a regular basis and has not
12.24demonstrated consistent interest in the child's well-being for six months and the social
12.25services agency has made active efforts to facilitate contact with the parent, unless the parent
12.26establishes that an extreme financial or physical hardship or treatment for mental disability
12.27or substance use disorder or other good cause prevented the parent from making contact
12.28with the child. This presumption does not apply to children whose custody has been
12.29determined under chapter 257 or 518; or
12.30 (2) the child is an infant under two years of age and has been deserted by the parent
12.31under circumstances that show an intent not to return to care for the child.
12.32 Subd. 4.Voluntary termination of parental rights.Nothing in subdivisions 2 and 3
12.33precludes the court from terminating the parental rights of a parent of an African American
12Sec. 8.
S0716-5 5th EngrossmentSF716 REVISOR BD 13.1or a disproportionately represented child if the parent desires to voluntarily terminate the
13.2parent's own parental rights for good cause under section 260C.301, subdivision 1, paragraph
13.3(a).
13.4 Subd. 5.Appeals.Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
13.5rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
13.6child whose parental rights have been terminated may appeal the decision within 90 days
13.7of the service of notice by the court administrator of the filing of the court's order.
13.8 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
13.9under section 20.
13.10Sec. 9. [260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
13.11CASE REVIEW.
13.12 Subdivision 1.Responsible social services agency conduct.(a) A responsible social
13.13services agency employee who has duties related to child protection shall not knowingly:
13.14 (1) make untrue statements about any case involving a child alleged to be in need of
13.15protection or services;
13.16 (2) intentionally withhold any information that may be material to a case involving a
13.17child alleged to be in need of protection or services; or
13.18 (3) fabricate or falsify any documentation or evidence relating to a case involving a child
13.19alleged to be in need of protection or services.
13.20 (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
13.21employment action.
13.22 Subd. 2.Case review.(a) Each responsible social services agency shall conduct a review
13.23of all child welfare cases for African American and other disproportionately represented
13.24children handled by the agency. Each responsible social services agency shall create a
13.25summary report of trends identified under paragraphs (b) and (c), a remediation plan as
13.26provided in paragraph (d), and an update on implementation of any previous remediation
13.27plans. The first report shall be provided to the African American Child Well-Being Advisory
13.28Council, the commissioner, and the chairs and ranking minority members of the legislative
13.29committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter.
13.30For purposes of determining outcomes in this subdivision, responsible social services
13.31agencies shall use guidance from the commissioner. The commissioner shall provide guidance
13.32starting on November 1, 2028, and annually thereafter.
13Sec. 9.
S0716-5 5th EngrossmentSF716 REVISOR BD 14.1 (b) The case review must include:
14.2 (1) the number of African American and disproportionately represented children
14.3represented in the county child welfare system;
14.4 (2) the number and sources of maltreatment reports received and reports screened in for
14.5investigation or referred for family assessment and the race of the children and parents or
14.6custodians involved in each report;
14.7 (3) the number and race of children and parents or custodians who receive in-home
14.8preventive case management services;
14.9 (4) the number and race of children whose parents or custodians are referred to
14.10community-based, culturally appropriate, strength-based, or trauma-informed services;
14.11 (5) the number and race of children removed from their homes;
14.12 (6) the number and race of children reunified with their parents or custodians;
14.13 (7) the number and race of children whose parents or custodians are offered family group
14.14decision-making services;
14.15 (8) the number and race of children whose parents or custodians are offered the parent
14.16support outreach program;
14.17 (9) the number and race of children in foster care or out-of-home placement at the time
14.18that the data is gathered;
14.19 (10) the number and race of children who achieve permanency through a transfer of
14.20permanent legal and physical custody to a relative or an adoption; and
14.21 (11) the number and race of children who are under the guardianship of the commissioner
14.22or awaiting a permanency disposition.
14.23 (c) The required case review must also:
14.24 (1) identify barriers to reunifying children with their families;
14.25 (2) identify the family conditions that led to the out-of-home placement;
14.26 (3) identify any barriers to accessing culturally informed mental health or substance use
14.27disorder treatment services for the parents or children;
14.28 (4) document efforts to identify fathers and maternal and paternal relatives and to provide
14.29services to custodial and noncustodial fathers, if appropriate; and
14.30 (5) document and summarize court reviews of active efforts.
14Sec. 9.
S0716-5 5th EngrossmentSF716 REVISOR BD 15.1 (d) Any responsible social services agency that has a case review showing
15.2disproportionality and disparities in child welfare outcomes for African American and other
15.3disproportionately represented children and the children's families, compared to the agency's
15.4overall outcomes, must include in their case review summary report a remediation plan with
15.5measurable outcomes to identify, address, and reduce the factors that led to the
15.6disproportionality and disparities in the agency's child welfare outcomes. The remediation
15.7plan shall also include information about how the responsible social services agency will
15.8achieve and document trauma-informed, positive child well-being outcomes through
15.9remediation efforts.
15.10 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
15.11under section 20.
15.12Sec. 10. [260.69] CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS
15.13WORKING WITH AFRICAN AMERICAN AND DISPROPORTIONATELY
15.14REPRESENTED CHILDREN.
15.15 Subdivision 1.Applicability.The commissioner of human services must collaborate
15.16with the Children's Justice Initiative to ensure that cultural competency training is given to
15.17individuals working in the child welfare system, including child welfare workers and
15.18supervisors. Training must also be made available to attorneys, juvenile court judges, and
15.19family law judges.
15.20 Subd. 2.Training.(a) The commissioner must develop training content and establish
15.21the frequency of trainings for child welfare workers and supervisors.
15.22 (b) The cultural competency training under this section is required prior to or within six
15.23months of beginning work with any African American or disproportionately represented
15.24child and their family. A responsible social services agency staff person who is unable to
15.25complete the cultural competency training prior to working with African American or
15.26disproportionately represented children and their families must work with a qualified staff
15.27person within the agency who has completed cultural competency training until the person
15.28is able to complete the required training. The training must be available by January 1, 2027,
15.29and must:
15.30 (1) be provided by an African American individual or individual from a community that
15.31is disproportionately represented in the child welfare system who is knowledgeable about
15.32African American and other disproportionately represented social and cultural norms and
15.33historical trauma;
15Sec. 10.
S0716-5 5th EngrossmentSF716 REVISOR BD 16.1 (2) raise awareness and increase a person's competency to value diversity, conduct a
16.2self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
16.3to diversity and the cultural contexts of communities served;
16.4 (3) include instruction on effectively developing a safety plan and instruction on engaging
16.5a safety network; and
16.6 (4) be accessible and comprehensive and include the ability to ask questions.
16.7 (c) The training may be provided in a series of segments, either in person or online.
16.8 Subd. 3.Update.The commissioner must provide an update to the chairs and ranking
16.9minority members of the legislative committees with jurisdiction over child protection by
16.10January 1, 2028, on the rollout of the training under subdivision 1 and the content and
16.11accessibility of the training under subdivision 2.
16.12 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
16.13under section 20.
16.14Sec. 11. [260.691] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
16.15COUNCIL.
16.16 Subdivision 1.Duties.The African American Child Well-Being Advisory Council must:
16.17 (1) review annual reports related to African American children involved in the child
16.18welfare system. These reports may include but are not limited to the maltreatment,
16.19out-of-home placement, and permanency of African American children;
16.20 (2) assist with and make recommendations to the commissioner for developing strategies
16.21to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote
16.22culturally appropriate foster care and shelter or facility placement decisions and settings for
16.23African American children in need of out-of-home placement, ensure timely achievement
16.24of permanency, and improve child welfare outcomes for African American children and
16.25their families;
16.26 (3) review summary reports on targeted case reviews prepared by the commissioner to
16.27ensure that responsible social services agencies meet the needs of African American children
16.28and their families. Based on data collected from those reviews, the council shall assist the
16.29commissioner with developing strategies needed to improve any identified child welfare
16.30outcomes, including but not limited to maltreatment, out-of-home placement, and permanency
16.31for African American children;
16Sec. 11.
S0716-5 5th EngrossmentSF716 REVISOR BD 17.1 (4) assist the Cultural and Ethnic Communities Leadership Council with making
17.2recommendations to the commissioner and the legislature for public policy and statutory
17.3changes that specifically consider the needs of African American children and their families
17.4involved in the child welfare system;
17.5 (5) advise the commissioner on stakeholder engagement strategies and actions that the
17.6commissioner and responsible social services agencies may take to improve child welfare
17.7outcomes for African American children and their families;
17.8 (6) assist the commissioner with developing strategies for public messaging and
17.9communication related to racial disproportionality and disparities in child welfare outcomes
17.10for African American children and their families;
17.11 (7) assist the commissioner with identifying and developing internal and external
17.12partnerships to support adequate access to services and resources for African American
17.13children and their families, including but not limited to housing assistance, employment
17.14assistance, food and nutrition support, health care, child care assistance, and educational
17.15support and training; and
17.16 (8) assist the commissioner with developing strategies to promote the development of
17.17a culturally diverse and representative child welfare workforce in Minnesota that includes
17.18professionals who are reflective of the community served and who have been directly
17.19impacted by lived experiences within the child welfare system. The council must also assist
17.20the commissioner with exploring strategies and partnerships to address education and training
17.21needs, hiring, recruitment, retention, and professional advancement practices.
17.22 Subd. 2.Annual report.By January 1, 2026, and annually thereafter, the council shall
17.23report to the chairs and ranking minority members of the legislative committees with
17.24jurisdiction over child protection on the council's activities under subdivision 1 and other
17.25issues on which the council chooses to report. The report may include recommendations
17.26for statutory changes to improve the child protection system and child welfare outcomes
17.27for African American children and families.
17.28 EFFECTIVE DATE.This section is effective July 1, 2024.
17.29Sec. 12. [260.692] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
17.30 Subdivision 1.Duties.The African American Child Well-Being Unit, currently
17.31established by the commissioner, must:
17.32 (1) assist with the development of African American cultural competency training and
17.33review child welfare curriculum in the Minnesota Child Welfare Training Academy to
17Sec. 12.
S0716-5 5th EngrossmentSF716 REVISOR BD 18.1ensure that responsible social services agency staff and other child welfare professionals
18.2are appropriately prepared to engage with African American children and their families and
18.3to support family preservation and reunification;
18.4 (2) provide technical assistance, including on-site technical assistance, and case
18.5consultation to responsible social services agencies to assist agencies with implementing
18.6and complying with the Minnesota African American Family Preservation and Child Welfare
18.7Disproportionality Act;
18.8 (3) monitor individual county and statewide disaggregated and nondisaggregated data
18.9to identify trends and patterns in child welfare outcomes, including but not limited to
18.10reporting, maltreatment, out-of-home placement, and permanency of African American
18.11children and develop strategies to address disproportionality and disparities in the child
18.12welfare system;
18.13 (4) develop and implement a system for conducting case reviews when the commissioner
18.14receives reports of noncompliance with the Minnesota African American Family Preservation
18.15and Child Welfare Disproportionality Act or when requested by the parent or custodian of
18.16an African American child. Case reviews may include but are not limited to a review of
18.17placement prevention efforts, safety planning, case planning and service provision by the
18.18responsible social services agency, relative placement consideration, and permanency
18.19planning;
18.20 (5) establish and administer a request for proposals process for African American and
18.21disproportionately represented family preservation grants under section 260.693, monitor
18.22grant activities, and provide technical assistance to grantees;
18.23 (6) in coordination with the African American Child Well-Being Advisory Council,
18.24coordinate services and create internal and external partnerships to support adequate access
18.25to services and resources for African American children and their families, including but
18.26not limited to housing assistance, employment assistance, food and nutrition support, health
18.27care, child care assistance, and educational support and training; and
18.28 (7) develop public messaging and communication to inform the public about racial
18.29disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities,
18.30and resources available to African American children and their families involved in the
18.31child welfare system.
18.32 Subd. 2.Case reviews.(a) The African American Child Well-Being Unit must conduct
18.33systemic case reviews to monitor targeted child welfare outcomes, including but not limited
18.34to maltreatment, out-of-home placement, and permanency of African American children.
18Sec. 12.
S0716-5 5th EngrossmentSF716 REVISOR BD 19.1 (b) The reviews under this subdivision must be conducted using a random sampling of
19.2representative child welfare cases stratified for certain case related factors, including but
19.3not limited to case type, maltreatment type, if the case involves out-of-home placement,
19.4and other demographic variables. In conducting the reviews, unit staff may use court records
19.5and documents, information from the social services information system, and other available
19.6case file information to complete the case reviews.
19.7 (c) The frequency of the reviews and the number of cases, child welfare outcomes, and
19.8selected counties reviewed shall be determined by the unit in consultation with the African
19.9American Child Well-Being Advisory Council, with consideration given to the availability
19.10of unit resources needed to conduct the reviews.
19.11 (d) The unit must monitor all case reviews and use the collective case review information
19.12and data to generate summary case review reports, ensure compliance with the Minnesota
19.13African American Family Preservation and Child Welfare Disproportionality Act, and
19.14identify trends or patterns in child welfare outcomes for African American children.
19.15 (e) The unit must review information from members of the public received through the
19.16compliance and feedback portal, including policy and practice concerns related to individual
19.17child welfare cases. After assessing a case concern, the unit may determine if further
19.18necessary action should be taken, which may include coordinating case remediation with
19.19other relevant child welfare agencies in accordance with data privacy laws, including the
19.20African American Child Well-Being Advisory Council, and offering case consultation and
19.21technical assistance to the responsible local social services agency as needed or requested
19.22by the agency.
19.23 Subd. 3.Reports.(a) The African American Child Well-Being Unit must provide regular
19.24updates on unit activities, including summary reports of case reviews, to the African
19.25American Child Well-Being Advisory Council, and must publish an annual census of African
19.26American children in out-of-home placements statewide. The annual census must include
19.27data on the types of placements, age and sex of the children, how long the children have
19.28been in out-of-home placements, and other relevant demographic information.
19.29 (b) The African American Child Well-Being Unit shall gather summary data about the
19.30practice and policy inquiries and individual case concerns received through the compliance
19.31and feedback portal under subdivision 2, paragraph (e). The unit shall provide regular reports
19.32of the nonidentifying compliance and feedback portal summary data to the African American
19.33Child Well-Being Advisory Council to identify child welfare trends and patterns to assist
19Sec. 12.
S0716-5 5th EngrossmentSF716 REVISOR BD 20.1with developing policy and practice recommendations to support eliminating disparity and
20.2disproportionality for African American children.
20.3 EFFECTIVE DATE.This section is effective July 1, 2024.
20.4 Sec. 13. [260.693] AFRICAN AMERICAN AND DISPROPORTIONATELY
20.5REPRESENTED FAMILY PRESERVATION GRANTS.
20.6 Subdivision 1.Primary support grants.The commissioner shall establish direct grants
20.7to organizations, service providers, and programs owned and led by African Americans and
20.8other individuals from communities disproportionately represented in the child welfare
20.9system to provide services and support for African American and disproportionately
20.10represented children and their families involved in Minnesota's child welfare system,
20.11including supporting existing eligible services and facilitating the development of new
20.12services and providers, to create a more expansive network of service providers available
20.13for African American and disproportionately represented children and their families.
20.14 Subd. 2.Eligible services.(a) Services eligible for grants under this section include but
20.15are not limited to:
20.16 (1) child out-of-home placement prevention and reunification services;
20.17 (2) family-based services and reunification therapy;
20.18 (3) culturally specific individual and family counseling;
20.19 (4) court advocacy;
20.20 (5) training for and consultation to responsible social services agencies and private social
20.21services agencies regarding this act;
20.22 (6) development and promotion of culturally informed, affirming, and responsive
20.23community-based prevention and family preservation services that target the children, youth,
20.24families, and communities of African American and African heritage experiencing the
20.25highest disparities, disproportionality, and overrepresentation in the Minnesota child welfare
20.26system;
20.27 (7) culturally affirming and responsive services that work with children and families in
20.28their communities to address their needs and ensure child and family safety and well-being
20.29within a culturally appropriate lens and framework;
20.30 (8) services to support informal kinship care arrangements; and
20Sec. 13.
S0716-5 5th EngrossmentSF716 REVISOR BD 21.1 (9) other activities and services approved by the commissioner that further the goals of
21.2the Minnesota African American Family Preservation and Child Welfare Disproportionality
21.3Act, including but not limited to the recruitment of African American staff and staff from
21.4other communities disproportionately represented in the child welfare system to work for
21.5responsible social services agencies and licensed child-placing agencies.
21.6 (b) The commissioner may specify the priority of an activity and service based on its
21.7success in furthering these goals. The commissioner shall give preference to programs and
21.8service providers that are located in or serve counties with the highest rates of child welfare
21.9disproportionality for African American and other disproportionately represented children
21.10and their families and employ staff who represent the population primarily served.
21.11 Subd. 3.Ineligible services.Grant money may not be used to supplant funding for
21.12existing services or for the following purposes:
21.13 (1) child day care that is necessary solely because of the employment or training for
21.14employment of a parent or another relative with whom the child is living;
21.15 (2) foster care maintenance or difficulty of care payments;
21.16 (3) residential treatment facility payments;
21.17 (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
21.18or 256N;
21.19 (5) public assistance payments for Minnesota family investment program assistance,
21.20supplemental aid, medical assistance, general assistance, general assistance medical care,
21.21or community health services; or
21.22 (6) administrative costs for income maintenance staff.
21.23 Subd. 4.Requests for proposals.The commissioner shall request proposals for grants
21.24under subdivisions 1, 2, and 3 and specify the information and criteria required.
21.25 EFFECTIVE DATE.This section is effective July 1, 2024.
21.26Sec. 14. Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:
21.27 Subd. 3.Petition.The county attorney or, a parent whose parental rights were terminated
21.28under a previous order of the court, a child who is ten years of age or older, the responsible
21.29social services agency, or a guardian ad litem may file a petition for the reestablishment of
21.30the legal parent and child relationship. A parent filing a petition under this section shall pay
21.31a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The
21Sec. 14.
S0716-5 5th EngrossmentSF716 REVISOR BD 22.1filing fee may be waived pursuant to chapter 563. A petition for the reestablishment of the
22.2legal parent and child relationship may be filed when:
22.3 (1) in cases where the county attorney is the petitioning party, both the responsible social
22.4services agency and the county attorney agree that reestablishment of the legal parent and
22.5child relationship is in the child's best interests;
22.6 (2) (1) the parent has corrected the conditions that led to an order terminating parental
22.7rights;
22.8 (3) (2) the parent is willing and has the capability to provide day-to-day care and maintain
22.9the health, safety, and welfare of the child;
22.10 (4) (3) the child has been in foster care for at least 48 24 months after the court issued
22.11the order terminating parental rights;
22.12 (5) (4) the child has not been adopted; and
22.13 (6) (5) the child is not the subject of a written adoption placement agreement between
22.14the responsible social services agency and the prospective adoptive parent, as required under
22.15Minnesota Rules, part 9560.0060, subpart 2.
22.16 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
22.17under section 20.
22.18Sec. 15. Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:
22.19 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
22.20legal parent and child relationship only if it finds by clear and convincing evidence that:
22.21 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
22.22 (2) the child has not been adopted;
22.23 (3) the child is not the subject of a written adoption placement agreement between the
22.24responsible social services agency and the prospective adoptive parent, as required under
22.25Minnesota Rules, part 9560.0060, subpart 2;
22.26 (4) at least 48 24 months have elapsed following a final order terminating parental rights
22.27and the child remains in foster care;
22.28 (5) the child desires to reside with the parent;
22.29 (6) the parent has corrected the conditions that led to an order terminating parental rights;
22.30and
22Sec. 15.
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
23.2the health, safety, and welfare of the child.
23.3 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
23.4under section 20.
23.5 Sec. 16. DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
23.6DISAGGREGATE DATA.
23.7 The commissioner of human services must establish a process to improve the
23.8disaggregation of data to monitor child welfare outcomes for African American and other
23.9disproportionately represented children in the child welfare system. The commissioner must
23.10begin disaggregating data by January 1, 2027.
23.11 EFFECTIVE DATE.This section is effective January 1, 2027.
23.12Sec. 17. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
23.13 The commissioner of human services shall develop, maintain, and administer a publicly
23.14accessible online compliance and feedback portal to receive reports of noncompliance with
23.15the Minnesota African American Family Preservation and Child Welfare Disproportionality
23.16Act under Minnesota Statutes, sections 260.61 to 260.693, and other statutes related to child
23.17maltreatment, safety, and placement. Reports received through the portal must be transferred
23.18for review and further action to the appropriate unit or department within the Department
23.19of Human Services, including but not limited to the African American Child Well-Being
23.20Unit.
23.21 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
23.22under section 20.
23.23Sec. 18. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
23.24IN FOSTER CARE BEST PRACTICES.
23.25 The commissioner of human services shall develop and publish guidance on best practices
23.26for ensuring that African American and disproportionately represented children in foster
23.27care maintain connections and relationships with their parents, custodians, and extended
23.28relatives. The commissioner shall also develop and publish best practice guidance on
23.29engaging and assessing noncustodial and nonadjudicated parents to care for their African
23.30American or disproportionately represented children who cannot remain with the children's
23.31custodial parents.
23Sec. 18.
S0716-5 5th EngrossmentSF716 REVISOR BD 24.1 EFFECTIVE DATE.This section is effective January 1, 2027, except as provided
24.2under section 20.
24.3 Sec. 19. DIRECTION TO COMMISSIONER; COMPLIANCE SYSTEM REVIEW
24.4DEVELOPMENT .
24.5 (a) By January 1, 2026, the commissioner of human services, in consultation with counties
24.6and the working group established under section 21, must develop a system to review county
24.7compliance with the Minnesota African American Family Preservation and Child Welfare
24.8Disproportionality Act. The system may include but is not limited to the cases to be reviewed,
24.9the criteria to be reviewed to demonstrate compliance, the rate of noncompliance and the
24.10coordinating penalty, the program improvement plan, and training.
24.11 (b) By January 1, 2026, the commissioner of human services must provide a report to
24.12the chairs and ranking minority members of the legislative committees with jurisdiction
24.13over child welfare on the proposed compliance system review process and language to
24.14codify that process in statute.
24.15 EFFECTIVE DATE.This section is effective July 1, 2024.
24.16Sec. 20. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
24.17CHILD WELFARE DISPROPORTIONALITY ACT; PHASE-IN PROGRAM.
24.18 (a) The commissioner of human services must establish a phase-in program that
24.19implements sections 1 to 17 in Hennepin and Ramsey Counties. The commissioner may
24.20allow additional counties to participate in the phase-in program upon the request of the
24.21counties.
24.22 (b) The commissioner of human services must report on the outcomes of the phase-in
24.23program, including the number of participating families, the rate of children in out-of-home
24.24placement, and the measures taken to prevent out-of-home placement for each participating
24.25family, to the chairs and ranking minority members of the legislative committees with
24.26jurisdiction over child welfare.
24.27 (c) Sections 1 to 17 are effective January 1, 2025, for purposes of this phase-in program.
24.28Case review reports under section 9, subdivision 2, must be provided beginning January 1,
24.292026.
24.30 (d) This section expires July 1, 2027.
24.31 EFFECTIVE DATE.This section is effective January 1, 2025.
24Sec. 20.
S0716-5 5th EngrossmentSF716 REVISOR BD 25.1 Sec. 21. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
25.2CHILD WELFARE DISPROPORTIONALITY ACT; WORKING GROUP.
25.3 (a) The commissioner of human services must establish a working group to provide
25.4guidance and oversight for the Minnesota African American Family Preservation and Child
25.5Welfare Disproportionality Act phase-in program.
25.6 (b) The members of the working group must include representatives from the Minnesota
25.7Association of County Social Service Administrators, the Association of Minnesota Counties,
25.8the Minnesota Inter-County Association, the Minnesota County Attorneys Association,
25.9Hennepin County, Ramsey County, the Department of Human Services, and community
25.10organizations with experience in child welfare. The legislature may provide recommendations
25.11to the commissioner on the selection of the representatives from the community organizations.
25.12 (c) The working group must provide oversight of the phase-in program and evaluate the
25.13cost of the phase-in program. The working group must also assess future costs of
25.14implementing the Minnesota African American Family Preservation and Child Welfare
25.15Disproportionality Act statewide.
25.16 (d) By January 1, 2026, the working group must develop and submit an interim report
25.17to the chairs and ranking minority members of the legislative committees with jurisdiction
25.18over child welfare detailing initial needs for the implementation of the Minnesota African
25.19American Family Preservation and Child Welfare Disproportionality Act. The interim report
25.20must also include recommendations for any statutory or policy changes necessary to
25.21implement the act.
25.22 (e) By September 1, 2026, the working group must develop an implementation plan and
25.23best practices for the Minnesota African American Family Preservation and Child Welfare
25.24Disproportionality Act to go into effect statewide.
25.25 EFFECTIVE DATE.This section is effective July 1, 2024.
25.26Sec. 22. APPROPRIATIONS; MINNESOTA AFRICAN AMERICAN FAMILY
25.27PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT.
25.28 (a) $5,000,000 in fiscal year 2025 is appropriated from the general fund to the
25.29commissioner of human services for grants to Hennepin and Ramsey Counties to implement
25.30the Minnesota African American Family Preservation and Child Welfare Disproportionality
25.31Act phase-in program. Of this amount, $2,500,000 must be provided to Hennepin County
25.32and $2,500,000 must be provided to Ramsey County. This is a onetime appropriation and
25.33is available until June 30, 2026.
25Sec. 22.
S0716-5 5th EngrossmentSF716 REVISOR BD 26.1 (b) $1,000,000 in fiscal year 2025 is appropriated from the general fund to the
26.2commissioner of human services for the African American and disproportionately represented
26.3family preservation grant program under Minnesota Statutes, section 260.693.
26.4Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for
26.5administrative costs under this paragraph is $0.
26.6 (c) $2,367,000 in fiscal year 2025 is appropriated from the general fund to the
26.7commissioner of human services to implement the African American Family Preservation
26.8and Child Welfare Disproportionality Act. The base for this appropriation is $3,251,000 in
26.9fiscal year 2026 and $3,110,000 in fiscal year 2027.
26Sec. 22.
S0716-5 5th EngrossmentSF716 REVISOR BD