Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2778 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to the Department of Children, Youth, and Families; policy language for
3	3	1.3 the Department of Children, Youth, and Families; updating the TEACH early
4	4	1.4 childhood program, the great start compensation support payment program, child
5	5	1.5 welfare policies, and out-of-home placement plans; modifying provisions to prevent
6	6	1.6 foster care placements; exempting the commissioner from electronic benefits
7	7	1.7 transfer contract term limits; amending Minnesota Statutes 2024, sections 142A.03,
8	8	1.8 by adding a subdivision; 142D.21, by adding a subdivision; 260.65; 260.66,
9	9	1.9 subdivision 1; 260.691, subdivision 1; 260.692; 260C.001, subdivision 2; 260C.007,
10	10	1.10 subdivision 19; 260C.141, subdivision 1; 260C.150, subdivision 3; 260C.178,
11	11	1.11 subdivisions 1, 7; 260C.201, subdivisions 1, 2; 260C.202, subdivision 2, by adding
12	12	1.12 subdivisions; 260C.204; 260C.212, subdivisions 1, 1a; 260C.223, subdivisions 1,
13	13	1.13 2; 260C.329, subdivisions 3, 8; 260C.451, subdivision 9; 260C.452, subdivision
14	14	1.14 4; 260E.09; 260E.20, subdivisions 1, 3; 260E.24, subdivisions 1, 2; proposing
15	15	1.15 coding for new law in Minnesota Statutes, chapter 260E.
16	16	1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
17	17	1.17 ARTICLE 1
18	18	1.18 ECONOMIC ASSISTANCE
19	19	1.19 Section 1. Minnesota Statutes 2024, section 142A.03, is amended by adding a subdivision
20	20	1.20to read:
21	21	1.21 Subd. 35.Electronic benefits transfer; contracting and procurement.Notwithstanding
22	22	1.22chapter 16C, the commissioner is exempt from the contract term limits for the issuance of
23	23	1.23public benefits through an electronic benefit transfer system and related services. These
24	24	1.24contracts may have up to an initial five-year term, with extensions not to exceed a ten-year
25	25	1.25total contract duration.
26	26	1Article 1 Section 1.
27	27	25-01793 as introduced02/04/25 REVISOR EB/CH
28	28	SENATE
29	29	STATE OF MINNESOTA
30	30	S.F. No. 2778NINETY-FOURTH SESSION
31	31	(SENATE AUTHORS: KUPEC)
32	32	OFFICIAL STATUSD-PGDATE
33	33	Introduction and first reading03/20/2025
34	34	Referred to Health and Human Services 2.1 ARTICLE 2
35	35	2.2 CHILD CARE PROVIDER PROGRAMS
36	36	2.3 Section 1. Minnesota Statutes 2024, section 142D.21, is amended by adding a subdivision
37	37	2.4to read:
38	38	2.5 Subd. 11.Data.(a) For the purposes of this subdivision, the following terms have the
39	39	2.6meanings given in this paragraph.
40	40	2.7 (1) "Great start compensation program support payment data" means data for a specified
41	41	2.8time period showing that a great start compensation payment under this section was made
42	42	2.9and the amount of great start compensation payments made to a child care and early learning
43	43	2.10program.
44	44	2.11 (2) "Data on children and families" means data about the enrollment and attendance as
45	45	2.12described in subdivision 3, paragraph (a), clause (2).
46	46	2.13 (b) Great start compensation program support payment data are public except that:
47	47	2.14 (1) any data on children and families collected by the great start compensation support
48	48	2.15payment program that may identify a specific family or child or, as determined by the
49	49	2.16commissioner, are private data on individuals as defined in section 13.02, subdivision 12;
50	50	2.17 (2) great start compensation payment data about operating expenses and personnel
51	51	2.18expenses are private or nonpublic data; and
52	52	2.19 (3) great start compensation payment data about legal nonlicensed child care providers
53	53	2.20as described in subdivision 8 are private or nonpublic data.
54	54	2.21 ARTICLE 3
55	55	2.22 CHILD WELFARE
56	56	2.23 Section 1. Minnesota Statutes 2024, section 260.65, is amended to read:
57	57	2.24 260.65 NONCUSTODIAL PARENTS; RELATIVE PLACEMENT.
58	58	2.25 (a) Prior to the removal of an African American or a disproportionately represented child
59	59	2.26from the child's home, the responsible social services agency must make active efforts to
60	60	2.27identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives
61	61	2.28to notify the child's parent and relatives that the child is or will be placed in foster care, and
62	62	2.29provide the child's parent and relatives with a list of legal resources. The notice to the child's
63	63	2.30noncustodial or nonadjudicated parent and relatives must also include the information
64	64	2.31required under section 260C.221, subdivision 2, paragraph (b). The responsible social
65	65	2Article 3 Section 1.
66	66	25-01793 as introduced02/04/25 REVISOR EB/CH 3.1services agency must maintain detailed records of the agency's efforts to notify parents and
67	67	3.2relatives under this section.
68	68	3.3 (b) Notwithstanding the provisions of section 260C.219, the responsible social services
69	69	3.4agency must assess an African American or a disproportionately represented child's
70	70	3.5noncustodial or nonadjudicated parent's ability to care for the child before placing the child
71	71	3.6in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
72	72	3.7daily care for the African American or disproportionately represented child temporarily or
73	73	3.8permanently, the court shall order that the child be placed in into the home of the noncustodial
74	74	3.9or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
75	75	3.10responsible social services agency must make active efforts to assist a noncustodial or
76	76	3.11nonadjudicated parent with remedying any issues that may prevent the child from being
77	77	3.12placed with the ordered into the home of a noncustodial or nonadjudicated parent.
78	78	3.13 (c) The relative search, notice, engagement, and placement consideration requirements
79	79	3.14under section 260C.221 apply under this act.
80	80	3.15 Sec. 2. Minnesota Statutes 2024, section 260.66, subdivision 1, is amended to read:
81	81	3.16 Subdivision 1.Emergency removal or placement permitted.Nothing in this section
82	82	3.17shall be construed to prevent the emergency removal of an African American or a
83	83	3.18disproportionately represented child's parent or custodian child or the emergency placement
84	84	3.19of the child in a foster setting in order to prevent imminent physical damage or harm to the
85	85	3.20child.
86	86	3.21 Sec. 3. Minnesota Statutes 2024, section 260.691, subdivision 1, is amended to read:
87	87	3.22 Subdivision 1.Establishment and duties.(a) The African American Child and Family
88	88	3.23Well-Being Advisory Council is established for the Department of Children, Youth, and
89	89	3.24Families.
90	90	3.25 (b) The council shall consist of 31 members appointed by the commissioner and must
91	91	3.26include representatives with lived personal or professional experience within African
92	92	3.27American communities. Members may include but are not limited to youth who have exited
93	93	3.28the child welfare system; parents; legal custodians; relative and kinship caregivers or foster
94	94	3.29care providers; community service providers, advocates, and members; county and private
95	95	3.30social services agency case managers; representatives from faith-based institutions; academic
96	96	3.31professionals; a representative from the Council for Minnesotans of African Heritage; the
97	97	3.32Ombudsperson for African American Families; and other individuals with experience and
98	98	3.33knowledge of African American communities. Council members must be selected through
99	99	3Article 3 Sec. 3.
100	100	25-01793 as introduced02/04/25 REVISOR EB/CH 4.1an open appointments process under section 15.0597. The terms, compensation, and removal
101	101	4.2of council members are governed by section 15.059.
102	102	4.3 (c) The African American Child Well-Being Advisory council must:
103	103	4.4 (1) review annual reports related to African American children involved in the child
104	104	4.5welfare system. These reports may include but are not limited to the maltreatment,
105	105	4.6out-of-home placement, and permanency of African American children;
106	106	4.7 (2) assist with and make recommendations to the commissioner for developing strategies
107	107	4.8to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote
108	108	4.9culturally appropriate foster care and shelter or facility placement decisions and settings for
109	109	4.10African American children in need of out-of-home placement, ensure timely achievement
110	110	4.11of permanency, and improve child welfare outcomes for African American children and
111	111	4.12their families;
112	112	4.13 (3) review summary reports on targeted case reviews prepared by the commissioner to
113	113	4.14ensure that responsible social services agencies meet the needs of African American children
114	114	4.15and their families. Based on data collected from those reviews, the council shall assist the
115	115	4.16commissioner with developing strategies needed to improve any identified child welfare
116	116	4.17outcomes, including but not limited to maltreatment, out-of-home placement, and permanency
117	117	4.18for African American children;
118	118	4.19 (4) assist the Cultural and Ethnic Communities Leadership Council with making make
119	119	4.20recommendations to the commissioner and the legislature for public policy and statutory
120	120	4.21changes that specifically consider the needs of African American children and their families
121	121	4.22involved in the child welfare system;
122	122	4.23 (5) advise the commissioner on stakeholder engagement strategies and actions that the
123	123	4.24commissioner and responsible social services agencies may take to improve child welfare
124	124	4.25outcomes for African American children and their families;
125	125	4.26 (6) assist the commissioner with developing strategies for public messaging and
126	126	4.27communication related to racial disproportionality and disparities in child welfare outcomes
127	127	4.28for African American children and their families;
128	128	4.29 (7) assist the commissioner with identifying and developing internal and external
129	129	4.30partnerships to support adequate access to services and resources for African American
130	130	4.31children and their families, including but not limited to housing assistance, employment
131	131	4.32assistance, food and nutrition support, health care, child care assistance, and educational
132	132	4.33support and training; and
133	133	4Article 3 Sec. 3.
134	134	25-01793 as introduced02/04/25 REVISOR EB/CH 5.1 (8) assist the commissioner with developing strategies to promote the development of
135	135	5.2a culturally diverse and representative child welfare workforce in Minnesota that includes
136	136	5.3professionals who are reflective of the community served and who have been directly
137	137	5.4impacted by lived experiences within the child welfare system. The council must also assist
138	138	5.5the commissioner with exploring strategies and partnerships to address education and training
139	139	5.6needs, hiring, recruitment, retention, and professional advancement practices.
140	140	5.7 Sec. 4. Minnesota Statutes 2024, section 260.692, is amended to read:
141	141	5.8 260.692 AFRICAN AMERICAN CHILD AND FAMILY WELL-BEING UNIT.
142	142	5.9 Subdivision 1.Duties.The African American Child and Family Well-Being Unit,
143	143	5.10currently established by the commissioner, must:
144	144	5.11 (1) assist with the development of African American cultural competency training and
145	145	5.12review child welfare curriculum in the Minnesota Child Welfare Training Academy to
146	146	5.13ensure that responsible social services agency staff and other child welfare professionals
147	147	5.14are appropriately prepared to engage with African American children and their families and
148	148	5.15to support family preservation and reunification;
149	149	5.16 (2) provide technical assistance, including on-site technical assistance, and case
150	150	5.17consultation to responsible social services agencies to assist agencies with implementing
151	151	5.18and complying with the Minnesota African American Family Preservation and Child Welfare
152	152	5.19Disproportionality Act;
153	153	5.20 (3) monitor individual county and statewide disaggregated and nondisaggregated data
154	154	5.21to identify trends and patterns in child welfare outcomes, including but not limited to
155	155	5.22reporting, maltreatment, out-of-home placement, and permanency of African American
156	156	5.23children and develop strategies to address disproportionality and disparities in the child
157	157	5.24welfare system;
158	158	5.25 (4) develop and implement a system for conducting case reviews when the commissioner
159	159	5.26receives reports of noncompliance with the Minnesota African American Family Preservation
160	160	5.27and Child Welfare Disproportionality Act or when requested by the parent or custodian of
161	161	5.28an African American child. Case reviews may include but are not limited to a review of
162	162	5.29placement prevention efforts, safety planning, case planning and service provision by the
163	163	5.30responsible social services agency, relative placement consideration, and permanency
164	164	5.31planning;
165	165	5Article 3 Sec. 4.
166	166	25-01793 as introduced02/04/25 REVISOR EB/CH 6.1 (5) establish and administer a request for proposals process for African American and
167	167	6.2disproportionately represented family preservation grants under section 260.693, monitor
168	168	6.3grant activities, and provide technical assistance to grantees;
169	169	6.4 (6) in coordination with the African American Child and Family Well-Being Advisory
170	170	6.5Council, coordinate services and create internal and external partnerships to support adequate
171	171	6.6access to services and resources for African American children and their families, including
172	172	6.7but not limited to housing assistance, employment assistance, food and nutrition support,
173	173	6.8health care, child care assistance, and educational support and training; and
174	174	6.9 (7) develop public messaging and communication to inform the public about racial
175	175	6.10disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities,
176	176	6.11and resources available to African American children and their families involved in the
177	177	6.12child welfare system.
178	178	6.13 Subd. 2.Case reviews.(a) The African American Child and Family Well-Being Unit
179	179	6.14must conduct systemic case reviews to monitor targeted child welfare outcomes, including
180	180	6.15but not limited to maltreatment, out-of-home placement, and permanency of African
181	181	6.16American children.
182	182	6.17 (b) The reviews under this subdivision must be conducted using a random sampling of
183	183	6.18representative child welfare cases stratified for certain case related factors, including but
184	184	6.19not limited to case type, maltreatment type, if the case involves out-of-home placement,
185	185	6.20and other demographic variables. In conducting the reviews, unit staff may use court records
186	186	6.21and documents, information from the social services information system, and other available
187	187	6.22case file information to complete the case reviews.
188	188	6.23 (c) The frequency of the reviews and the number of cases, child welfare outcomes, and
189	189	6.24selected counties reviewed shall be determined by the unit in consultation with the African
190	190	6.25American Child and Family Well-Being Advisory Council, with consideration given to the
191	191	6.26availability of unit resources needed to conduct the reviews.
192	192	6.27 (d) The unit must monitor all case reviews and use the collective case review information
193	193	6.28and data to generate summary case review reports, ensure compliance with the Minnesota
194	194	6.29African American Family Preservation and Child Welfare Disproportionality Act, and
195	195	6.30identify trends or patterns in child welfare outcomes for African American children.
196	196	6.31 (e) The unit must review information from members of the public received through the
197	197	6.32compliance and feedback portal, including policy and practice concerns related to individual
198	198	6.33child welfare cases. After assessing a case concern, the unit may determine if further
199	199	6.34necessary action should be taken, which may include coordinating case remediation with
200	200	6Article 3 Sec. 4.
201	201	25-01793 as introduced02/04/25 REVISOR EB/CH 7.1other relevant child welfare agencies in accordance with data privacy laws, including the
202	202	7.2African American Child and Family Well-Being Advisory Council, and offering case
203	203	7.3consultation and technical assistance to the responsible local social services agency as
204	204	7.4needed or requested by the agency.
205	205	7.5 Subd. 3.Reports.(a) The African American Child and Family Well-Being Unit must
206	206	7.6provide regular updates on unit activities, including summary reports of case reviews, to
207	207	7.7the African American Child and Family Well-Being Advisory Council, and must publish
208	208	7.8an annual census of African American children in out-of-home placements statewide. The
209	209	7.9annual census must include data on the types of placements, age and sex of the children,
210	210	7.10how long the children have been in out-of-home placements, and other relevant demographic
211	211	7.11information.
212	212	7.12 (b) The African American Child and Family Well-Being Unit shall gather summary data
213	213	7.13about the practice and policy inquiries and individual case concerns received through the
214	214	7.14compliance and feedback portal under subdivision 2, paragraph (e). The unit shall provide
215	215	7.15regular reports of the nonidentifying compliance and feedback portal summary data to the
216	216	7.16African American Child and Family Well-Being Advisory Council to identify child welfare
217	217	7.17trends and patterns to assist with developing policy and practice recommendations to support
218	218	7.18eliminating disparity and disproportionality for African American children.
219	219	7.19 Sec. 5. Minnesota Statutes 2024, section 260C.001, subdivision 2, is amended to read:
220	220	7.20 Subd. 2.Juvenile protection proceedings.(a) The paramount consideration in all
221	221	7.21juvenile protection proceedings is the health, safety, and best interests of the child. In
222	222	7.22proceedings involving an American Indian child, as defined in section 260.755, subdivision
223	223	7.238, the best interests of the child must be determined consistent with sections 260.751 to
224	224	7.24260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to
225	225	7.251923.
226	226	7.26 (b) The purpose of the laws relating to juvenile protection proceedings is:
227	227	7.27 (1) to secure for each child under the jurisdiction of the court, the care and guidance,
228	228	7.28preferably in the child's own home, as will best serve the spiritual, emotional, mental, and
229	229	7.29physical welfare of the child;
230	230	7.30 (2) to provide judicial procedures that protect the welfare of the child;
231	231	7.31 (3) to preserve and strengthen the child's family ties whenever possible and in the child's
232	232	7.32best interests, removing the child from the custody of parents only when the child's welfare
233	233	7.33or safety cannot be adequately safeguarded without removal;
234	234	7Article 3 Sec. 5.
235	235	25-01793 as introduced02/04/25 REVISOR EB/CH 8.1 (4) to ensure that when removal from the child's own family is necessary and in the
236	236	8.2child's best interests, the responsible social services agency has legal responsibility for the
237	237	8.3child removal either:
238	238	8.4 (i) pursuant to a voluntary placement agreement between the child's parent or guardian
239	239	8.5or the child, when the child is over age 18, and the responsible social services agency; or
240	240	8.6 (ii) by court order pursuant to section 260C.151, subdivision 6; 260C.178; 260C.201;
241	241	8.7260C.325; or 260C.515;
242	242	8.8 (5) to ensure that, when placement is pursuant to court order, the court order removing
243	243	8.9the child or continuing the child in foster care contains an individualized determination that
244	244	8.10placement is in the best interests of the child that coincides with the actual removal of the
245	245	8.11child;
246	246	8.12 (6) to ensure that when the child is removed, the child's care and discipline is, as nearly
247	247	8.13as possible, equivalent to that which should have been given by the parents and is either in:
248	248	8.14 (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
249	249	8.15subdivision 1, paragraph (a), clause (1);
250	250	8.16 (ii) the home of a relative pursuant to emergency placement by the responsible social
251	251	8.17services agency under chapter 245A; or
252	252	8.18 (iii) foster care licensed under chapter 245A; and
253	253	8.19 (7) to ensure appropriate permanency planning for children in foster care including:
254	254	8.20 (i) unless reunification is not required under section 260.012, developing a permanency
255	255	8.21plan for the child that includes a primary plan for reunification with the child's parent or
256	256	8.22guardian and a secondary plan for an alternative, legally permanent home for the child in
257	257	8.23the event reunification cannot be achieved in a timely manner;
258	258	8.24 (ii) identifying, locating, and assessing both parents of the child as soon as possible and
259	259	8.25offering reunification services to both parents of the child as required under sections 260.012
260	260	8.26and 260C.219;
261	261	8.27 (iii) inquiring about the child's heritage, including the child's Tribal lineage pursuant to
262	262	8.28section 260.761, and their race, culture, and ethnicity pursuant to section 260.63, subdivision
263	263	8.2910;
264	264	8.30 (iii) (iv) identifying, locating, and notifying relatives of both parents of the child according
265	265	8.31to section 260C.221;
266	266	8Article 3 Sec. 5.
267	267	25-01793 as introduced02/04/25 REVISOR EB/CH 9.1 (iv) (v) making a placement with a family that will commit to being the legally permanent
268	268	9.2home for the child in the event reunification cannot occur at the earliest possible time while
269	269	9.3at the same time actively supporting the reunification plan; and
270	270	9.4 (v) (vi) returning the child home with supports and services, as soon as return is safe for
271	271	9.5the child, or when safe return cannot be timely achieved, moving to finalize another legally
272	272	9.6permanent home for the child.
273	273	9.7 Sec. 6. Minnesota Statutes 2024, section 260C.007, subdivision 19, is amended to read:
274	274	9.8 Subd. 19.Habitual truant."Habitual truant" means a child under the age of 17 who is
275	275	9.9at least 12 years old and less than 18 years old who is absent from attendance at school
276	276	9.10without lawful excuse for seven school days per school year if the child is in elementary
277	277	9.11school or for one or more class periods on seven school days per school year if the child is
278	278	9.12in middle school, junior high school, or high school or a child who is 17 years of age who
279	279	9.13is absent from attendance at school without lawful excuse for one or more class periods on
280	280	9.14seven school days per school year and who has not lawfully withdrawn from school under
281	281	9.15section 120A.22, subdivision 8. Pursuant to section 260C.163, subdivision 11, habitual
282	282	9.16truant also means a child under age 12 who has been absent from school for seven school
283	283	9.17days without lawful excuse, based on a showing by clear and convincing evidence that the
284	284	9.18child's absence is not due to the failure of the child's parent, guardian, or custodian to comply
285	285	9.19with compulsory instruction laws.
286	286	9.20 Sec. 7. Minnesota Statutes 2024, section 260C.141, subdivision 1, is amended to read:
287	287	9.21 Subdivision 1.Who may file; required form.(a) Any reputable person, including but
288	288	9.22not limited to any agent of the commissioner of children, youth, and families, having
289	289	9.23knowledge of a child in this state or of a child who is a resident of this state, who appears
290	290	9.24to be in need of protection or services or neglected and in foster care, may petition the
291	291	9.25juvenile court in the manner provided in this section.
292	292	9.26 (b) A petition for a child in need of protection filed by an individual who is not a county
293	293	9.27attorney or an agent of the commissioner of children, youth, and families shall be filed on
294	294	9.28a form developed by the state court administrator and provided to court administrators.
295	295	9.29Copies of the form may be obtained from the court administrator in each county. The court
296	296	9.30administrator shall review the petition before it is filed to determine that it is completed.
297	297	9.31The court administrator may reject the petition if it does not indicate that the petitioner has
298	298	9.32contacted the responsible social services agency.
299	299	9Article 3 Sec. 7.
300	300	25-01793 as introduced02/04/25 REVISOR EB/CH 10.1 An individual may file a petition under this subdivision without seeking internal review
301	301	10.2of the responsible social services agency's decision. The court shall determine whether there
302	302	10.3is probable cause to believe that a need for protection or services exists before the matter
303	303	10.4is set for hearing. If the matter is set for hearing, the court administrator shall notify the
304	304	10.5responsible social services agency by sending notice to the county attorney.
305	305	10.6 The petition must contain:
306	306	10.7 (1) a statement of facts that would establish, if proven, that there is a need for protection
307	307	10.8or services for the child named in the petition;
308	308	10.9 (2) a statement that petitioner has reported the circumstances underlying the petition to
309	309	10.10the responsible social services agency, and protection or services were not provided to the
310	310	10.11child;
311	311	10.12 (3) a statement whether there are existing juvenile or family court custody orders or
312	312	10.13pending proceedings in juvenile or family court concerning the child; and
313	313	10.14 (4) a statement of the relationship of the petitioner to the child and any other parties.;
314	314	10.15and
315	315	10.16 (5) a statement whether the petitioner has inquired of the parent or parents of the child,
316	316	10.17the child, and relatives about the child's heritage, including the child's Tribal lineage pursuant
317	317	10.18to section 260.761 and their race, culture, and ethnicity pursuant to section 260.63,
318	318	10.19subdivision 10.
319	319	10.20 The court may not allow a petition to proceed under this paragraph if it appears that the
320	320	10.21sole purpose of the petition is to modify custody between the parents.
321	321	10.22Sec. 8. Minnesota Statutes 2024, section 260C.150, subdivision 3, is amended to read:
322	322	10.23 Subd. 3.Identifying parents of child; diligent efforts; data.(a) The responsible social
323	323	10.24services agency shall make diligent efforts to inquire about the child's heritage, including
324	324	10.25the child's Tribal lineage pursuant to section 260.761 and their race, culture, and ethnicity
325	325	10.26pursuant to section 260.63, subdivision 10, and to identify and locate both parents of any
326	326	10.27child who is the subject of proceedings under this chapter. Diligent efforts include:
327	327	10.28 (1) asking the custodial or known parent to identify any nonresident parent of the child
328	328	10.29and provide information that can be used to verify the nonresident parent's identity including
329	329	10.30the dates and locations of marriages and divorces; dates and locations of any legal
330	330	10.31proceedings regarding paternity; date and place of the child's birth; nonresident parent's full
331	331	10.32legal name; nonresident parent's date of birth, or if the nonresident parent's date of birth is
332	332	10Article 3 Sec. 8.
333	333	25-01793 as introduced02/04/25 REVISOR EB/CH 11.1unknown, an approximate age; the nonresident parent's Social Security number; the
334	334	11.2nonresident parent's whereabouts including last known whereabouts; and the whereabouts
335	335	11.3of relatives of the nonresident parent. For purposes of this subdivision, "nonresident parent"
336	336	11.4means a parent who does not reside in the same household as the child or did not reside in
337	337	11.5the same household as the child at the time the child was removed when the child is in foster
338	338	11.6care;
339	339	11.7 (2) obtaining information that will identify and locate the nonresident parent from the
340	340	11.8county and state of Minnesota child support enforcement information system;
341	341	11.9 (3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the
342	342	11.10child's birth; and
343	343	11.11 (4) using any other reasonable means to identify and locate the nonresident parent.
344	344	11.12 (b) The agency may disclose data which is otherwise private under section 13.46 or
345	345	11.13chapter 260E in order to carry out its duties under this subdivision.
346	346	11.14 (c) Upon the filing of a petition alleging the child to be in need of protection or services,
347	347	11.15the responsible social services agency may contact a putative father who registered with
348	348	11.16the Minnesota Fathers' Adoption Registry more than 30 days after the child's birth. The
349	349	11.17social service agency may consider a putative father for the day-to-day care of the child
350	350	11.18under section 260C.219 if the putative father cooperates with genetic testing and there is a
351	351	11.19positive test result under section 257.62, subdivision 5. Nothing in this paragraph:
352	352	11.20 (1) relieves a putative father who registered with the Minnesota Fathers' Adoption
353	353	11.21Registry more than 30 days after the child's birth of the duty to cooperate with paternity
354	354	11.22establishment proceedings under section 260C.219;
355	355	11.23 (2) gives a putative father who registered with the Minnesota Fathers' Adoption Registry
356	356	11.24more than 30 days after the child's birth the right to notice under section 260C.151 unless
357	357	11.25the putative father is entitled to notice under sections 259.24 and 259.49, subdivision 1,
358	358	11.26paragraph (a) or (b), clauses (1) to (7); or
359	359	11.27 (3) establishes a right to assert an interest in the child in a termination of parental rights
360	360	11.28proceeding contrary to section 259.52, subdivision 6, unless the putative father is entitled
361	361	11.29to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1)
362	362	11.30to (7).
363	363	11Article 3 Sec. 8.
364	364	25-01793 as introduced02/04/25 REVISOR EB/CH 12.1 Sec. 9. Minnesota Statutes 2024, section 260C.178, subdivision 1, is amended to read:
365	365	12.2 Subdivision 1.Hearing and release requirements.(a) If a child was taken into custody
366	366	12.3under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
367	367	12.4hearing within 72 hours of the time that the child was taken into custody, excluding
368	368	12.5Saturdays, Sundays, and holidays, to determine whether the child should continue to be in
369	369	12.6custody.
370	370	12.7 (b) Unless there is reason to believe that the child would endanger self or others or not
371	371	12.8return for a court hearing, or that the child's health or welfare would be immediately
372	372	12.9endangered, the child shall be released to the custody of a parent, guardian, custodian, or
373	373	12.10other suitable person, subject to reasonable conditions of release including, but not limited
374	374	12.11to, a requirement that the child undergo a chemical use assessment as provided in section
375	375	12.12260C.157, subdivision 1.
376	376	12.13 (c) If the court determines that there is reason to believe that the child would endanger
377	377	12.14self or others or not return for a court hearing, or that the child's health or welfare would be
378	378	12.15immediately endangered if returned to the care of the parent or guardian who has custody
379	379	12.16and from whom the child was removed, the court shall order the child:
380	380	12.17 (1) into the care of the child's noncustodial parent and order the noncustodial parent to
381	381	12.18comply with any conditions that the court determines appropriate to ensure the safety and
382	382	12.19care of the child, including requiring the noncustodial parent to cooperate with paternity
383	383	12.20establishment proceedings if the noncustodial parent has not been adjudicated the child's
384	384	12.21father; or
385	385	12.22 (2) into foster care as defined in section 260C.007, subdivision 18, under the legal
386	386	12.23responsibility of the responsible social services agency or responsible probation or corrections
387	387	12.24agency for the purposes of protective care as that term is used in the juvenile court rules.
388	388	12.25The court shall not give the responsible social services legal custody and order a trial home
389	389	12.26visit at any time prior to adjudication and disposition under section 260C.201, subdivision
390	390	12.271, paragraph (a), clause (3), but may order the child returned to the care of the parent or
391	391	12.28guardian who has custody and from whom the child was removed and order the parent or
392	392	12.29guardian to comply with any conditions the court determines to be appropriate to meet the
393	393	12.30safety, health, and welfare of the child.
394	394	12.31 (d) In determining whether the child's health or welfare would be immediately
395	395	12.32endangered, the court shall consider whether the child would reside with a perpetrator of
396	396	12.33domestic child abuse.
397	397	12Article 3 Sec. 9.
398	398	25-01793 as introduced02/04/25 REVISOR EB/CH 13.1 (e) The court, before determining whether a child should be placed in or continue in
399	399	13.2foster care under the protective care of the responsible agency, shall also make a
400	400	13.3determination, consistent with section 260.012 as to whether reasonable efforts were made
401	401	13.4to prevent placement or whether reasonable efforts to prevent placement are not required.
402	402	13.5In the case of an Indian child, the court shall determine whether active efforts, according
403	403	13.6to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
404	404	13.7section 1912(d), were made to prevent placement. The court shall enter a finding that the
405	405	13.8responsible social services agency has made reasonable efforts to prevent placement when
406	406	13.9the agency establishes either:
407	407	13.10 (1) that the agency has actually provided services or made efforts in an attempt to prevent
408	408	13.11the child's removal but that such services or efforts have not proven sufficient to permit the
409	409	13.12child to safely remain in the home; or
410	410	13.13 (2) that there are no services or other efforts that could be made at the time of the hearing
411	411	13.14that could safely permit the child to remain home or to return home. The court shall not
412	412	13.15make a reasonable efforts determination under this clause unless the court is satisfied that
413	413	13.16the agency has sufficiently demonstrated to the court that there were no services or other
414	414	13.17efforts that the agency was able to provide at the time of the hearing enabling the child to
415	415	13.18safely remain home or to safely return home. When reasonable efforts to prevent placement
416	416	13.19are required and there are services or other efforts that could be ordered that would permit
417	417	13.20the child to safely return home, the court shall order the child returned to the care of the
418	418	13.21parent or guardian and the services or efforts put in place to ensure the child's safety. When
419	419	13.22the court makes a prima facie determination that one of the circumstances under paragraph
420	420	13.23(g) exists, the court shall determine that reasonable efforts to prevent placement and to
421	421	13.24return the child to the care of the parent or guardian are not required.
422	422	13.25 (f) If the court finds the social services agency's preventive or reunification efforts have
423	423	13.26not been reasonable but further preventive or reunification efforts could not permit the child
424	424	13.27to safely remain at home, the court may nevertheless authorize or continue the removal of
425	425	13.28the child.
426	426	13.29 (g) The court may not order or continue the foster care placement of the child unless the
427	427	13.30court makes explicit, individualized findings that continued custody of the child by the
428	428	13.31parent or guardian would be contrary to the welfare of the child and that placement is in the
429	429	13.32best interest of the child.
430	430	13Article 3 Sec. 9.
431	431	25-01793 as introduced02/04/25 REVISOR EB/CH 14.1 (h) At the emergency removal hearing, or at any time during the course of the proceeding,
432	432	14.2and upon notice and request of the county attorney, the court shall determine whether a
433	433	14.3petition has been filed stating a prima facie case that:
434	434	14.4 (1) the parent has subjected a child to egregious harm as defined in section 260C.007,
435	435	14.5subdivision 14;
436	436	14.6 (2) the parental rights of the parent to another child have been involuntarily terminated;
437	437	14.7 (3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
438	438	14.8(a), clause (2);
439	439	14.9 (4) the parents' custodial rights to another child have been involuntarily transferred to a
440	440	14.10relative under a juvenile protection proceeding or a similar process of another jurisdiction;
441	441	14.11 (5) the parent has committed sexual abuse as defined in section 260E.03, against the
442	442	14.12child or another child of the parent;
443	443	14.13 (6) the parent has committed an offense that requires registration as a predatory offender
444	444	14.14under section 243.166, subdivision 1b, paragraph (a) or (b); or
445	445	14.15 (7) the provision of services or further services for the purpose of reunification is futile
446	446	14.16and therefore unreasonable.
447	447	14.17 (i) When a petition to terminate parental rights is required under section 260C.301,
448	448	14.18subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
449	449	14.19proceed with a termination of parental rights petition, and has instead filed a petition to
450	450	14.20transfer permanent legal and physical custody to a relative under section 260C.507, the
451	451	14.21court shall schedule a permanency hearing within 30 days of the filing of the petition.
452	452	14.22 (j) If the county attorney has filed a petition under section 260C.307, the court shall
453	453	14.23schedule a trial under section 260C.163 within 90 days of the filing of the petition except
454	454	14.24when the county attorney determines that the criminal case shall proceed to trial first under
455	455	14.25section 260C.503, subdivision 2, paragraph (c).
456	456	14.26 (k) If the court determines the child should be ordered into foster care and, the court
457	457	14.27shall inquire about the child's heritage, including the child's Tribal lineage pursuant to section
458	458	14.28260.761; their race, culture, and ethnicity pursuant to section 260.63, subdivision 10; and
459	459	14.29the responsible social services agency's initial relative search efforts. If the child's parent
460	460	14.30refuses to give information to the responsible social services agency regarding the child's
461	461	14.31father or relatives of the child, the court may order the parent to disclose the names, addresses,
462	462	14.32telephone numbers, and other identifying information to the responsible social services
463	463	14Article 3 Sec. 9.
464	464	25-01793 as introduced02/04/25 REVISOR EB/CH 15.1agency for the purpose of complying with sections 260C.150, 260C.151, 260C.212,
465	465	15.2260C.215, 260C.219, and 260C.221.
466	466	15.3 (l) If a child ordered into foster care has siblings, whether full, half, or step, who are
467	467	15.4also ordered into foster care, the court shall inquire of the responsible social services agency
468	468	15.5of the efforts to place the children together as required by section 260C.212, subdivision 2,
469	469	15.6paragraph (d), if placement together is in each child's best interests, unless a child is in
470	470	15.7placement for treatment or a child is placed with a previously noncustodial parent who is
471	471	15.8not a parent to all siblings. If the children are not placed together at the time of the hearing,
472	472	15.9the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
473	473	15.10the siblings together, as required under section 260.012. If any sibling is not placed with
474	474	15.11another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
475	475	15.12contact among the siblings as required under section 260C.212, subdivision 1, unless it is
476	476	15.13contrary to the safety or well-being of any of the siblings to do so.
477	477	15.14 (m) When the court has ordered the child into the care of a noncustodial parent or in
478	478	15.15foster care, the court may order a chemical dependency evaluation, mental health evaluation,
479	479	15.16medical examination, and parenting assessment for the parent as necessary to support the
480	480	15.17development of a plan for reunification required under subdivision 7 and section 260C.212,
481	481	15.18subdivision 1, or the child protective services plan under section 260E.26, and Minnesota
482	482	15.19Rules, part 9560.0228.
483	483	15.20 (n) When the court has ordered an Indian child into an emergency child placement, the
484	484	15.21Indian child shall be placed according to the placement preferences in the Minnesota Indian
485	485	15.22Family Preservation Act, section 260.773.
486	486	15.23Sec. 10. Minnesota Statutes 2024, section 260C.178, subdivision 7, is amended to read:
487	487	15.24 Subd. 7.Case plan.(a) When the court has ordered the child into the care of a parent
488	488	15.25under subdivision 1, paragraph (c), clause (1), the child protective services plan under section
489	489	15.26260E.26 must be filed within 30 days of the filing of the juvenile protection petition under
490	490	15.27section 260C.141, subdivision 1.
491	491	15.28 (b) When the court orders the child into foster care under subdivision 1, paragraph (c),
492	492	15.29clause (2), and not into the care of a parent, an out-of-home placement plan summary required
493	493	15.30under section 260C.212, subdivision 1, must be filed with the court within 30 days of the
494	494	15.31filing of a juvenile protection petition under section 260C.141, subdivision 1, when the
495	495	15.32court orders emergency removal of the child under this section, or filed with the petition if
496	496	15.33the petition is a review of a voluntary placement under section 260C.141, subdivision 2.
497	497	15Article 3 Sec. 10.
498	498	25-01793 as introduced02/04/25 REVISOR EB/CH 16.1An out-of-home placement plan shall be prepared and filed with the court within 60 days
499	499	16.2after any child is placed in foster care under section 260C.212, subdivision 1.
500	500	16.3 (c) Upon the filing of the child protective services plan under section 260E.26 or
501	501	16.4out-of-home placement plan that has been developed jointly with the parent and in
502	502	16.5consultation with others as required under section 260C.212, subdivision 1, the court may
503	503	16.6approve implementation of the plan by the responsible social services agency based on the
504	504	16.7allegations contained in the petition and any evaluations, examinations, or assessments
505	505	16.8conducted under subdivision 1, paragraph (m). The court shall send written notice of the
506	506	16.9approval of the child protective services plan or out-of-home placement plan to all parties
507	507	16.10and the county attorney or may state such approval on the record at a hearing. A parent may
508	508	16.11agree to comply with the terms of the plan filed with the court.
509	509	16.12 (d) The responsible social services agency shall make reasonable efforts to engage both
510	510	16.13parents of the child in case planning. The responsible social services agency shall report
511	511	16.14the results of its efforts to engage the child's parents in the child protective services plan or
512	512	16.15out-of-home placement plan filed with the court. The agency shall notify the court of the
513	513	16.16services it will provide or efforts it will attempt under the plan notwithstanding the parent's
514	514	16.17refusal to cooperate or disagreement with the services. The parent may ask the court to
515	515	16.18modify the plan to require different or additional services requested by the parent, but which
516	516	16.19the agency refused to provide. The court may approve the plan as presented by the agency
517	517	16.20or may modify the plan to require services requested by the parent. The court's approval
518	518	16.21must be based on the content of the petition.
519	519	16.22 (e) Unless the parent agrees to comply with the terms of the child protective services
520	520	16.23plan or out-of-home placement plan, the court may not order a parent to comply with the
521	521	16.24provisions of the plan until the court finds the child is in need of protection or services and
522	522	16.25orders disposition under section 260C.201, subdivision 1. However, the court may find that
523	523	16.26the responsible social services agency has made reasonable efforts for reunification if the
524	524	16.27agency makes efforts to implement the terms of the child protective services plan or
525	525	16.28out-of-home placement plan approved under this section.
526	526	16.29Sec. 11. Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read:
527	527	16.30 Subdivision 1.Dispositions.(a) If the court finds that the child is in need of protection
528	528	16.31or services or neglected and in foster care, the court shall enter an order making any of the
529	529	16.32following dispositions of the case:
530	530	16Article 3 Sec. 11.
531	531	25-01793 as introduced02/04/25 REVISOR EB/CH 17.1 (1) place the child under the protective supervision of the responsible social services
532	532	17.2agency or child-placing agency in the home of a parent of the child under conditions
533	533	17.3prescribed by the court directed to the correction of the child's need for protection or services:
534	534	17.4 (i) the court may order the child into the home of a parent who does not otherwise have
535	535	17.5legal custody of the child, however, an order under this section does not confer legal custody
536	536	17.6on that parent;
537	537	17.7 (ii) if the court orders the child into the home of a father who is not adjudicated, the
538	538	17.8father must cooperate with paternity establishment proceedings regarding the child in the
539	539	17.9appropriate jurisdiction as one of the conditions prescribed by the court for the child to
540	540	17.10continue in the father's home; and
541	541	17.11 (iii) the court may order the child into the home of a noncustodial parent with conditions
542	542	17.12and may also order both the noncustodial and the custodial parent to comply with the
543	543	17.13requirements of a case plan under subdivision 2; or
544	544	17.14 (2) transfer legal custody to one of the following:
545	545	17.15 (i) a child-placing agency; or
546	546	17.16 (ii) the responsible social services agency. In making a foster care placement of a child
547	547	17.17whose custody has been transferred under this subdivision, the court shall inquire about the
548	548	17.18child's heritage, including the child's Tribal lineage pursuant to section 260.761 and their
549	549	17.19race, culture, and ethnicity pursuant to section 260.63, subdivision 10, and the agency shall
550	550	17.20make an individualized determination of how the placement is in the child's best interests
551	551	17.21using the placement consideration order for relatives and the best interest factors in section
552	552	17.22260C.212, subdivision 2, and may include a child colocated with a parent in a licensed
553	553	17.23residential family-based substance use disorder treatment program under section 260C.190;
554	554	17.24or
555	555	17.25 (3) order a trial home visit without modifying the transfer of legal custody to the
556	556	17.26responsible social services agency under clause (2). Trial home visit means the child is
557	557	17.27returned to the care of the parent or guardian from whom the child was removed for a period
558	558	17.28not to exceed six months. During the period of the trial home visit, the responsible social
559	559	17.29services agency:
560	560	17.30 (i) shall continue to have legal custody of the child, which means that the agency may
561	561	17.31see the child in the parent's home, at school, in a child care facility, or other setting as the
562	562	17.32agency deems necessary and appropriate;
563	563	17.33 (ii) shall continue to have the ability to access information under section 260C.208;
564	564	17Article 3 Sec. 11.
565	565	25-01793 as introduced02/04/25 REVISOR EB/CH 18.1 (iii) shall continue to provide appropriate services to both the parent and the child during
566	566	18.2the period of the trial home visit;
567	567	18.3 (iv) without previous court order or authorization, may terminate the trial home visit in
568	568	18.4order to protect the child's health, safety, or welfare and may remove the child to foster care;
569	569	18.5 (v) shall advise the court and parties within three days of the termination of the trial
570	570	18.6home visit when a visit is terminated by the responsible social services agency without a
571	571	18.7court order; and
572	572	18.8 (vi) shall prepare a report for the court when the trial home visit is terminated whether
573	573	18.9by the agency or court order that describes the child's circumstances during the trial home
574	574	18.10visit and recommends appropriate orders, if any, for the court to enter to provide for the
575	575	18.11child's safety and stability. In the event a trial home visit is terminated by the agency by
576	576	18.12removing the child to foster care without prior court order or authorization, the court shall
577	577	18.13conduct a hearing within ten days of receiving notice of the termination of the trial home
578	578	18.14visit by the agency and shall order disposition under this subdivision or commence
579	579	18.15permanency proceedings under sections 260C.503 to 260C.515. The time period for the
580	580	18.16hearing may be extended by the court for good cause shown and if it is in the best interests
581	581	18.17of the child as long as the total time the child spends in foster care without a permanency
582	582	18.18hearing does not exceed 12 months;
583	583	18.19 (4) if the child has been adjudicated as a child in need of protection or services because
584	584	18.20the child is in need of special services or care to treat or ameliorate a physical or mental
585	585	18.21disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
586	586	18.22may order the child's parent, guardian, or custodian to provide it. The court may order the
587	587	18.23child's health plan company to provide mental health services to the child. Section 62Q.535
588	588	18.24applies to an order for mental health services directed to the child's health plan company.
589	589	18.25If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
590	590	18.26or care, the court may order it provided. Absent specific written findings by the court that
591	591	18.27the child's disability is the result of abuse or neglect by the child's parent or guardian, the
592	592	18.28court shall not transfer legal custody of the child for the purpose of obtaining special
593	593	18.29treatment or care solely because the parent is unable to provide the treatment or care. If the
594	594	18.30court's order for mental health treatment is based on a diagnosis made by a treatment
595	595	18.31professional, the court may order that the diagnosing professional not provide the treatment
596	596	18.32to the child if it finds that such an order is in the child's best interests; or
597	597	18.33 (5) if the court believes that the child has sufficient maturity and judgment and that it is
598	598	18.34in the best interests of the child, the court may order a child 16 years old or older to be
599	599	18Article 3 Sec. 11.
600	600	25-01793 as introduced02/04/25 REVISOR EB/CH 19.1allowed to live independently, either alone or with others as approved by the court under
601	601	19.2supervision the court considers appropriate, if the county board, after consultation with the
602	602	19.3court, has specifically authorized this dispositional alternative for a child.
603	603	19.4 (b) If the child was adjudicated in need of protection or services because the child is a
604	604	19.5runaway or habitual truant, the court may order any of the following dispositions in addition
605	605	19.6to or as alternatives to the dispositions authorized under paragraph (a):
606	606	19.7 (1) counsel the child or the child's parents, guardian, or custodian;
607	607	19.8 (2) place the child under the supervision of a probation officer or other suitable person
608	608	19.9in the child's own home under conditions prescribed by the court, including reasonable rules
609	609	19.10for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
610	610	19.11the physical, mental, and moral well-being and behavior of the child;
611	611	19.12 (3) subject to the court's supervision, transfer legal custody of the child to one of the
612	612	19.13following:
613	613	19.14 (i) a reputable person of good moral character. No person may receive custody of two
614	614	19.15or more unrelated children unless licensed to operate a residential program under sections
615	615	19.16245A.01 to 245A.16; or
616	616	19.17 (ii) a county probation officer for placement in a group foster home established under
617	617	19.18the direction of the juvenile court and licensed pursuant to section 241.021;
618	618	19.19 (4) require the child to pay a fine of up to $100. The court shall order payment of the
619	619	19.20fine in a manner that will not impose undue financial hardship upon the child;
620	620	19.21 (5) require the child to participate in a community service project;
621	621	19.22 (6) order the child to undergo a chemical dependency evaluation and, if warranted by
622	622	19.23the evaluation, order participation by the child in a drug awareness program or an inpatient
623	623	19.24or outpatient chemical dependency treatment program;
624	624	19.25 (7) if the court believes that it is in the best interests of the child or of public safety that
625	625	19.26the child's driver's license or instruction permit be canceled, the court may order the
626	626	19.27commissioner of public safety to cancel the child's license or permit for any period up to
627	627	19.28the child's 18th birthday. If the child does not have a driver's license or permit, the court
628	628	19.29may order a denial of driving privileges for any period up to the child's 18th birthday. The
629	629	19.30court shall forward an order issued under this clause to the commissioner, who shall cancel
630	630	19.31the license or permit or deny driving privileges without a hearing for the period specified
631	631	19.32by the court. At any time before the expiration of the period of cancellation or denial, the
632	632	19Article 3 Sec. 11.
633	633	25-01793 as introduced02/04/25 REVISOR EB/CH 20.1court may, for good cause, order the commissioner of public safety to allow the child to
634	634	20.2apply for a license or permit, and the commissioner shall so authorize;
635	635	20.3 (8) order that the child's parent or legal guardian deliver the child to school at the
636	636	20.4beginning of each school day for a period of time specified by the court; or
637	637	20.5 (9) require the child to perform any other activities or participate in any other treatment
638	638	20.6programs deemed appropriate by the court.
639	639	20.7 To the extent practicable, the court shall enter a disposition order the same day it makes
640	640	20.8a finding that a child is in need of protection or services or neglected and in foster care, but
641	641	20.9in no event more than 15 days after the finding unless the court finds that the best interests
642	642	20.10of the child will be served by granting a delay. If the child was under eight years of age at
643	643	20.11the time the petition was filed, the disposition order must be entered within ten days of the
644	644	20.12finding and the court may not grant a delay unless good cause is shown and the court finds
645	645	20.13the best interests of the child will be served by the delay.
646	646	20.14 (c) If a child who is 14 years of age or older is adjudicated in need of protection or
647	647	20.15services because the child is a habitual truant and truancy procedures involving the child
648	648	20.16were previously dealt with by a school attendance review board or county attorney mediation
649	649	20.17program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
650	650	20.18of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
651	651	20.19birthday.
652	652	20.20 (d) In the case of a child adjudicated in need of protection or services because the child
653	653	20.21has committed domestic abuse and been ordered excluded from the child's parent's home,
654	654	20.22the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
655	655	20.23to provide an alternative safe living arrangement for the child as defined in paragraph (f).
656	656	20.24 (e) When a parent has complied with a case plan ordered under subdivision 6 and the
657	657	20.25child is in the care of the parent, the court may order the responsible social services agency
658	658	20.26to monitor the parent's continued ability to maintain the child safely in the home under such
659	659	20.27terms and conditions as the court determines appropriate under the circumstances.
660	660	20.28 (f) For the purposes of this subdivision, "alternative safe living arrangement" means a
661	661	20.29living arrangement for a child proposed by a petitioning parent or guardian if a court excludes
662	662	20.30the minor from the parent's or guardian's home that is separate from the victim of domestic
663	663	20.31abuse and safe for the child respondent. A living arrangement proposed by a petitioning
664	664	20.32parent or guardian is presumed to be an alternative safe living arrangement absent information
665	665	20.33to the contrary presented to the court. In evaluating any proposed living arrangement, the
666	666	20.34court shall consider whether the arrangement provides the child with necessary food, clothing,
667	667	20Article 3 Sec. 11.
668	668	25-01793 as introduced02/04/25 REVISOR EB/CH 21.1shelter, and education in a safe environment. Any proposed living arrangement that would
669	669	21.2place the child in the care of an adult who has been physically or sexually violent is presumed
670	670	21.3unsafe.
671	671	21.4 Sec. 12. Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read:
672	672	21.5 Subd. 2.Written findings.(a) Any order for a disposition authorized under this section
673	673	21.6shall contain written findings of fact to support the disposition and case plan ordered and
674	674	21.7shall also set forth in writing the following information:
675	675	21.8 (1) why the best interests and safety of the child are served by the disposition and case
676	676	21.9plan ordered;
677	677	21.10 (2) what alternative dispositions or services under the case plan were considered by the
678	678	21.11court and why such dispositions or services were not appropriate in the instant case;
679	679	21.12 (3) when legal custody of the child is transferred, the appropriateness of the particular
680	680	21.13placement made or to be made by the placing agency using the relative and sibling placement
681	681	21.14considerations and best interest factors in section 260C.212, subdivision 2, or the
682	682	21.15appropriateness of a child colocated with a parent in a licensed residential family-based
683	683	21.16substance use disorder treatment program under section 260C.190;
684	684	21.17 (4) whether reasonable efforts to finalize the permanent plan for the child consistent
685	685	21.18with section 260.012 were made including reasonable efforts:
686	686	21.19 (i) to prevent the child's placement and to reunify the child with the parent or guardian
687	687	21.20from whom the child was removed at the earliest time consistent with the child's safety.
688	688	21.21The court's findings must include a brief description of what preventive and reunification
689	689	21.22efforts were made and why further efforts could not have prevented or eliminated the
690	690	21.23necessity of removal or that reasonable efforts were not required under section 260.012 or
691	691	21.24260C.178, subdivision 1;
692	692	21.25 (ii) to identify and locate any noncustodial or nonresident parent of the child and to
693	693	21.26assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
694	694	21.27provide services necessary to enable the noncustodial or nonresident parent to safely provide
695	695	21.28day-to-day care of the child as required under section 260C.219, unless such services are
696	696	21.29not required under section 260.012 or 260C.178, subdivision 1. The court's findings must
697	697	21.30include a description of the agency's efforts to:
698	698	21.31 (A) identify and locate the child's noncustodial or nonresident parent;
699	699	21Article 3 Sec. 12.
700	700	25-01793 as introduced02/04/25 REVISOR EB/CH 22.1 (B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
701	701	22.2the child; and
702	702	22.3 (C) if appropriate, provide services necessary to enable the noncustodial or nonresident
703	703	22.4parent to safely provide the child's day-to-day care, including efforts to engage the
704	704	22.5noncustodial or nonresident parent in assuming care and responsibility of the child;
705	705	22.6 (iii) to inquire about the child's heritage, including the child's Tribal lineage pursuant to
706	706	22.7section 260.761 and their race, culture, and ethnicity pursuant to section 260.63, subdivision
707	707	22.810, and make the diligent search for relatives and provide the notices required under section
708	708	22.9260C.221; a finding made pursuant to a hearing under section 260C.202 that the agency
709	709	22.10has made diligent efforts to conduct a relative search and has appropriately engaged relatives
710	710	22.11who responded to the notice under section 260C.221 and other relatives, who came to the
711	711	22.12attention of the agency after notice under section 260C.221 was sent, in placement and case
712	712	22.13planning decisions fulfills the requirement of this item;
713	713	22.14 (iv) to identify and make a foster care placement of the child, considering the order in
714	714	22.15section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative,
715	715	22.16according to the requirements of section 142B.06, a licensed relative, or other licensed foster
716	716	22.17care provider, who will commit to being the permanent legal parent or custodian for the
717	717	22.18child in the event reunification cannot occur, but who will actively support the reunification
718	718	22.19plan for the child. If the court finds that the agency has not appropriately considered relatives
719	719	22.20for placement of the child, the court shall order the agency to comply with section 260C.212,
720	720	22.21subdivision 2, paragraph (a). The court may order the agency to continue considering
721	721	22.22relatives for placement of the child regardless of the child's current placement setting; and
722	722	22.23 (v) to place siblings together in the same home or to ensure visitation is occurring when
723	723	22.24siblings are separated in foster care placement and visitation is in the siblings' best interests
724	724	22.25under section 260C.212, subdivision 2, paragraph (d); and
725	725	22.26 (5) if the child has been adjudicated as a child in need of protection or services because
726	726	22.27the child is in need of special services or care to treat or ameliorate a mental disability or
727	727	22.28emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
728	728	22.29shall also set forth:
729	729	22.30 (i) whether the child has mental health needs that must be addressed by the case plan;
730	730	22.31 (ii) what consideration was given to the diagnostic and functional assessments performed
731	731	22.32by the child's mental health professional and to health and mental health care professionals'
732	732	22.33treatment recommendations;
733	733	22Article 3 Sec. 12.
734	734	25-01793 as introduced02/04/25 REVISOR EB/CH 23.1 (iii) what consideration was given to the requests or preferences of the child's parent or
735	735	23.2guardian with regard to the child's interventions, services, or treatment; and
736	736	23.3 (iv) what consideration was given to the cultural appropriateness of the child's treatment
737	737	23.4or services.
738	738	23.5 (b) If the court finds that the social services agency's preventive or reunification efforts
739	739	23.6have not been reasonable but that further preventive or reunification efforts could not permit
740	740	23.7the child to safely remain at home, the court may nevertheless authorize or continue the
741	741	23.8removal of the child.
742	742	23.9 (c) If the child has been identified by the responsible social services agency as the subject
743	743	23.10of concurrent permanency planning, the court shall review the reasonable efforts of the
744	744	23.11agency to develop a permanency plan for the child that includes a primary plan that is for
745	745	23.12reunification with the child's parent or guardian and a secondary plan that is for an alternative,
746	746	23.13legally permanent home for the child in the event reunification cannot be achieved in a
747	747	23.14timely manner.
748	748	23.15Sec. 13. Minnesota Statutes 2024, section 260C.202, subdivision 2, is amended to read:
749	749	23.16 Subd. 2.Court review for a child placed in foster care.(a) If the court orders a child
750	750	23.17placed in foster care, the court shall review the out-of-home placement plan and the child's
751	751	23.18placement at least every 90 days as required in juvenile court rules to determine whether
752	752	23.19continued out-of-home placement is necessary and appropriate or whether the child should
753	753	23.20be returned home.
754	754	23.21 (b) This review is not required if the court has returned the child home, ordered the child
755	755	23.22permanently placed away from the parent under sections 260C.503 to 260C.521, or
756	756	23.23terminated rights under section 260C.301. Court review for a child permanently placed
757	757	23.24away from a parent, including where the child is under guardianship of the commissioner,
758	758	23.25is governed by section 260C.607.
759	759	23.26 (c) When a child is placed in a qualified residential treatment program setting as defined
760	760	23.27in section 260C.007, subdivision 26d, the responsible social services agency must submit
761	761	23.28evidence to the court as specified in section 260C.712.
762	762	23.29 (d) No later than three months after the child's placement in foster care, the court shall
763	763	23.30review agency efforts to search for and notify relatives pursuant to section 260C.221, and
764	764	23.31order that the agency's efforts begin immediately, or continue, if the agency has failed to
765	765	23.32perform, or has not adequately performed, the duties under that section. The court must
766	766	23.33order the agency to continue to appropriately engage relatives who responded to the notice
767	767	23Article 3 Sec. 13.
768	768	25-01793 as introduced02/04/25 REVISOR EB/CH 24.1under section 260C.221 in placement and case planning decisions and to consider relatives
769	769	24.2for foster care placement consistent with section 260C.221. Notwithstanding a court's finding
770	770	24.3that the agency has made reasonable efforts to search for and notify relatives under section
771	771	24.4260C.221, the court may order the agency to continue making reasonable efforts to search
772	772	24.5for, notify, engage, and consider relatives who came to the agency's attention after sending
773	773	24.6the initial notice under section 260C.221.
774	774	24.7 (e) The court shall review the out-of-home placement plan and may modify the plan as
775	775	24.8provided under section 260C.201, subdivisions 6 and 7.
776	776	24.9 (f) When the court transfers the custody of a child to a responsible social services agency
777	777	24.10resulting in foster care or protective supervision with a noncustodial parent under subdivision
778	778	24.111, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503
779	779	24.12to 260C.521, as required under juvenile court rules.
780	780	24.13 (g) When a child remains in or returns to foster care pursuant to section 260C.451 and
781	781	24.14the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
782	782	24.15court shall at least annually conduct the review required under section 260C.203.
783	783	24.16Sec. 14. Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision
784	784	24.17to read:
785	785	24.18 Subd. 3.Court review prior to the 18th birthday of a child in foster care.(a) The
786	786	24.19court must conduct a review during the 90-day period prior to the 18th birthday of a child
787	787	24.20in foster care.
788	788	24.21 (b) The responsible social services agency must file a written report with the court
789	789	24.22containing or attaching the following:
790	790	24.23 (1) the child's name, date of birth, race, gender, and current address;
791	791	24.24 (2) whether the child is eligible for extended foster care and if not, the reason or reasons
792	792	24.25why the child is not eligible;
793	793	24.26 (3) a written summary describing how the child was involved in creating the child's plan
794	794	24.27for after their 18th birthday;
795	795	24.28 (4) the date the required extended foster care eligibility notice in section 260C.451,
796	796	24.29subdivision 1, was provided and the child's plan after the child's 18th birthday;
797	797	24.30 (5) the child's most recent independent living plan required under section 260C.212,
798	798	24.31subdivision 1;
799	799	24Article 3 Sec. 14.
800	800	25-01793 as introduced02/04/25 REVISOR EB/CH 25.1 (6) if the agency's recommendation is to extend jurisdiction up to age 19 under section
801	801	25.2260C.193, why the extended jurisdiction is in the child's best interest;
802	802	25.3 (7) if the agency's recommendation is to reunify the child with their parent or legal
803	803	25.4guardian, why reunification is in the child's best interest;
804	804	25.5 (8) if the agency plans to transition the child into adult services on or after the child's
805	805	25.618th birthday, a summary of the transition plan as required in section 260C.452 and how
806	806	25.7this plan is in the child's best interest; and
807	807	25.8 (9) if the child's plan is to leave foster care at age 18 and not continue in extended foster
808	808	25.9care, a copy of their 180-day transition plan required in section 260C.452 and the reasons
809	809	25.10the child is not continuing in extended foster care.
810	810	25.11 (c) The agency must inform the child and parties to the proceeding of the reporting and
811	811	25.12court review requirements of this subdivision and their right to request a hearing. The child
812	812	25.13or a party to the proceeding may request a hearing if they believe the agency did not make
813	813	25.14reasonable efforts under this subdivision.
814	814	25.15 (d) Upon receiving the report, the court must hold a hearing when a party to the
815	815	25.16proceeding or the child requests a hearing. In all other circumstances, the court has the
816	816	25.17discretion to hold a hearing or issue an order without a hearing.
817	817	25.18 (e) The court must issue an order with findings including but not limited to the following:
818	818	25.19 (1) whether the responsible social services agency provided the notice to the child about
819	819	25.20extended foster care as required in section 260C.451;
820	820	25.21 (2) whether the responsible social services agency engaged with the child and
821	821	25.22appropriately planned with the child to transition to adulthood; and
822	822	25.23 (3) if the child has decided to not continue in the extended foster care program at age
823	823	25.2418, whether the responsible social services agency informed the child that they can reenter
824	824	25.25extended foster care up to age 21 or that the child is not eligible to reenter and why.
825	825	25.26Sec. 15. Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision
826	826	25.27to read:
827	827	25.28 Subd. 4.Court reviews for a child over age 18 in foster care.When a child remains
828	828	25.29in or returns to foster care pursuant to section 260C.451 and the court has jurisdiction
829	829	25.30pursuant to section 260C.193, subdivision 6, paragraph (c), the court must at least annually
830	830	25.31conduct the review required under section 260C.203.
831	831	25Article 3 Sec. 15.
832	832	25-01793 as introduced02/04/25 REVISOR EB/CH 26.1 Sec. 16. Minnesota Statutes 2024, section 260C.204, is amended to read:
833	833	26.2 260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
834	834	26.3CARE FOR SIX MONTHS.
835	835	26.4 (a) When a child continues in placement out of the home of the parent or guardian from
836	836	26.5whom the child was removed, no later than six months after the child's placement the court
837	837	26.6shall conduct a permanency progress hearing to review:
838	838	26.7 (1) the progress of the case, the parent's progress on the case plan or out-of-home
839	839	26.8placement plan, whichever is applicable;
840	840	26.9 (2) the agency's reasonable, or in the case of an Indian child, active efforts for
841	841	26.10reunification and its provision of services;
842	842	26.11 (3) the agency's reasonable efforts to finalize the permanent plan for the child under
843	843	26.12section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
844	844	26.13subdivision 2, in a home that will commit to being the legally permanent family for the
845	845	26.14child in the event the child cannot return home according to the timelines in this section;
846	846	26.15and
847	847	26.16 (4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
848	848	26.17family and to make a placement according to the placement preferences under United States
849	849	26.18Code, title 25, chapter 21, section 1915.
850	850	26.19 (b) When a child is placed in a qualified residential treatment program setting as defined
851	851	26.20in section 260C.007, subdivision 26d, the responsible social services agency must submit
852	852	26.21evidence to the court as specified in section 260C.712.
853	853	26.22 (c) The court shall ensure that notice of the hearing is sent to any relative who:
854	854	26.23 (1) responded to the agency's notice provided under section 260C.221, indicating an
855	855	26.24interest in participating in planning for the child or being a permanency resource for the
856	856	26.25child and who has kept the court apprised of the relative's address; or
857	857	26.26 (2) asked to be notified of court proceedings regarding the child as is permitted in section
858	858	26.27260C.152, subdivision 5.
859	859	26.28 (d)(1) If the parent or guardian has maintained contact with the child and is complying
860	860	26.29with the court-ordered out-of-home placement plan, and if the child would benefit from
861	861	26.30reunification with the parent, the court may either:
862	862	26.31 (i) return the child home, if the conditions that led to the out-of-home placement have
863	863	26.32been sufficiently mitigated that it is safe and in the child's best interests to return home; or
864	864	26Article 3 Sec. 16.
865	865	25-01793 as introduced02/04/25 REVISOR EB/CH 27.1 (ii) continue the matter up to a total of six additional months. If the child has not returned
866	866	27.2home by the end of the additional six months, the court must conduct a hearing according
867	867	27.3to sections 260C.503 to 260C.521.
868	868	27.4 (2) If the court determines that the parent or guardian is not complying, is not making
869	869	27.5progress with or engaging with services in the out-of-home placement plan, or is not
870	870	27.6maintaining regular contact with the child as outlined in the visitation plan required as part
871	871	27.7of the out-of-home placement plan under section 260C.212, the court may order the
872	872	27.8responsible social services agency:
873	873	27.9 (i) to develop a plan for legally permanent placement of the child away from the parent;
874	874	27.10 (ii) to consider, identify, recruit, and support one or more permanency resources from
875	875	27.11the child's relatives and foster parent, consistent with clause (3) and section 260C.212,
876	876	27.12subdivision 2, paragraph (a), to be the legally permanent home in the event the child cannot
877	877	27.13be returned to the parent. Any relative or the child's foster parent may ask the court to order
878	878	27.14the agency to consider them for permanent placement of the child in the event the child
879	879	27.15cannot be returned to the parent. A relative or foster parent who wants to be considered
880	880	27.16under this item shall cooperate with the background study required under section 245C.08,
881	881	27.17if the individual has not already done so, and with the home study process required under
882	882	27.18chapter 142B for providing child foster care and for adoption under section 259.41. The
883	883	27.19home study referred to in this item shall be a single-home study in the form required by the
884	884	27.20commissioner of children, youth, and families or similar study required by the individual's
885	885	27.21state of residence when the subject of the study is not a resident of Minnesota. The court
886	886	27.22may order the responsible social services agency to make a referral under the Interstate
887	887	27.23Compact on the Placement of Children when necessary to obtain a home study for an
888	888	27.24individual who wants to be considered for transfer of permanent legal and physical custody
889	889	27.25or adoption of the child; and
890	890	27.26 (iii) to file a petition to support an order for the legally permanent placement plan.
891	891	27.27 (3) Consistent with section 260C.223, subdivision 2, paragraph (b), the responsible social
892	892	27.28services agency must not define a foster family as the permanent home for a child until:
893	893	27.29 (i) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2,
894	894	27.30are satisfied;
895	895	27.31 (ii) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant
896	896	27.32to section 260.63, subdivision 10, has been completed; and
897	897	27Article 3 Sec. 16.
898	898	25-01793 as introduced02/04/25 REVISOR EB/CH 28.1 (iii) the court has determined that reasonable or active efforts toward completing the
899	899	28.2relative search requirements in section 260C.221 have been made.
900	900	28.3 (e) Following the review under this section:
901	901	28.4 (1) if the court has either returned the child home or continued the matter up to a total
902	902	28.5of six additional months, the agency shall continue to provide services to support the child's
903	903	28.6return home or to make reasonable efforts to achieve reunification of the child and the parent
904	904	28.7as ordered by the court under an approved case plan;
905	905	28.8 (2) if the court orders the agency to develop a plan for the transfer of permanent legal
906	906	28.9and physical custody of the child to a relative, a petition supporting the plan shall be filed
907	907	28.10in juvenile court within 30 days of the hearing required under this section and a trial on the
908	908	28.11petition held within 60 days of the filing of the pleadings; or
909	909	28.12 (3) if the court orders the agency to file a termination of parental rights, unless the county
910	910	28.13attorney can show cause why a termination of parental rights petition should not be filed,
911	911	28.14a petition for termination of parental rights shall be filed in juvenile court within 30 days
912	912	28.15of the hearing required under this section and a trial on the petition held within 60 days of
913	913	28.16the filing of the petition.
914	914	28.17Sec. 17. Minnesota Statutes 2024, section 260C.212, subdivision 1, is amended to read:
915	915	28.18 Subdivision 1.Out-of-home placement; plan.(a) An out-of-home placement plan shall
916	916	28.19be prepared within 30 days after any child is placed in foster care by court order or a
917	917	28.20voluntary placement agreement between the responsible social services agency and the
918	918	28.21child's parent pursuant to section 260C.227 or chapter 260D.
919	919	28.22 (b) (a) An out-of-home placement plan means a written document individualized to the
920	920	28.23needs of the child and the child's parents or guardians that is prepared by the responsible
921	921	28.24social services agency using a form developed by the commissioner. The plan must be
922	922	28.25completed jointly with the child's parents or guardians and in consultation with the child's
923	923	28.26guardian ad litem; the child's tribe, if the child is an Indian child; the child's foster parent
924	924	28.27or representative of the foster care facility; and, when appropriate, the child. When a child
925	925	28.28is age 14 or older, the child may include two other individuals on the team preparing the
926	926	28.29child's out-of-home placement plan. The child may select one member of the case planning
927	927	28.30team to be designated as the child's advisor and to advocate with respect to the application
928	928	28.31of the reasonable and prudent parenting standards. The responsible social services agency
929	929	28.32may reject an individual selected by the child if the agency has good cause to believe that
930	930	28.33the individual would not act in the best interest of the child. For a child in voluntary foster
931	931	28Article 3 Sec. 17.
932	932	25-01793 as introduced02/04/25 REVISOR EB/CH 29.1care for treatment under chapter 260D, preparation of the out-of-home placement plan shall
933	933	29.2additionally include the child's mental health treatment provider. For a child 18 years of
934	934	29.3age or older, the responsible social services agency shall involve the child and the child's
935	935	29.4parents as appropriate. As appropriate, the plan shall be:
936	936	29.5 (1) submitted to the court for approval under section 260C.178, subdivision 7;
937	937	29.6 (2) ordered by the court, either as presented or modified after hearing, under section
938	938	29.7260C.178, subdivision 7, or 260C.201, subdivision 6; and
939	939	29.8 (3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
940	940	29.9a representative of the child's tribe, the responsible social services agency, and, if possible,
941	941	29.10the child.
942	942	29.11 (b) Before an out-of-home placement plan is signed by the parent or parents or guardian
943	943	29.12of the child, the responsible social services agency must provide the parent or parents or
944	944	29.13guardian with a one- to two-page summary of the plan using a form developed by the
945	945	29.14commissioner. The out-of-home placement plan summary must clearly summarize the plan's
946	946	29.15contents under paragraph (d) and list the requirements and responsibilities for the parent or
947	947	29.16parents or guardian using plain language. The summary must be updated and provided to
948	948	29.17the parent or parents or guardian when the out-of-home placement plan is updated under
949	949	29.18subdivision 1a.
950	950	29.19 (c) An out-of-home placement plan summary shall be prepared within 30 days after any
951	951	29.20child is placed in foster care by court order or voluntary placement agreement between the
952	952	29.21responsible social services agency and the child's parent pursuant to section 260C.227 or
953	953	29.22chapter 260D. An out-of-home placement plan shall be prepared within 60 days after any
954	954	29.23child is placed in foster care by court order or a voluntary placement agreement between
955	955	29.24the responsible social services agency and the child's parent pursuant to section 260C.227
956	956	29.25or chapter 260D.
957	957	29.26 (c) (d) The out-of-home placement plan shall be explained by the responsible social
958	958	29.27services agency to all persons involved in the plan's implementation, including the child
959	959	29.28who has signed the plan, and shall set forth:
960	960	29.29 (1) a description of the foster care home or facility selected, including how the
961	961	29.30out-of-home placement plan is designed to achieve a safe placement for the child in the
962	962	29.31least restrictive, most family-like setting available that is in close proximity to the home of
963	963	29.32the child's parents or guardians when the case plan goal is reunification; and how the
964	964	29.33placement is consistent with the best interests and special needs of the child according to
965	965	29.34the factors under subdivision 2, paragraph (b);
966	966	29Article 3 Sec. 17.
967	967	25-01793 as introduced02/04/25 REVISOR EB/CH 30.1 (2) a description of the services offered and provided to prevent removal of the child
968	968	30.2from the home;
969	969	30.3 (2) (3) the specific reasons for the placement of the child in foster care, and when
970	970	30.4reunification is the plan, a description of the problems or conditions in the home of the
971	971	30.5parent or parents that necessitated removal of the child from home and the services offered
972	972	30.6and provided to support the changes the parent or parents must make for the child to safely
973	973	30.7return home;
974	974	30.8 (3) a description of the services offered and provided to prevent removal of the child
975	975	30.9from the home and to reunify the family including:
976	976	30.10 (i) the specific actions to be taken by the parent or parents of the child to eliminate or
977	977	30.11correct the problems or conditions identified in clause (2), and the time period during which
978	978	30.12the actions are to be taken; and
979	979	30.13 (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
980	980	30.14achieve a safe and stable home for the child including social and other supportive services
981	981	30.15to be provided or offered to the parent or parents or guardian of the child, the child, and the
982	982	30.16residential facility during the period the child is in the residential facility;
983	983	30.17 (4) a description of any services or resources that were requested by the child or the
984	984	30.18child's parent, guardian, foster parent, or custodian since the date of the child's placement
985	985	30.19in the residential facility, and whether those services or resources were provided and if not,
986	986	30.20the basis for the denial of the services or resources;
987	987	30.21 (5) the visitation plan for the parent or parents or guardian, other relatives as defined in
988	988	30.22section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
989	989	30.23placed together in foster care, and whether visitation is consistent with the best interest of
990	990	30.24the child, during the period the child is in foster care;
991	991	30.25 (6) when a child cannot return to or be in the care of either parent, documentation of
992	992	30.26steps to finalize permanency through either:
993	993	30.27 (i) adoption as the permanency plan for the child through reasonable efforts to place the
994	994	30.28child for adoption pursuant to section 260C.605. At a minimum, the documentation must
995	995	30.29include consideration of whether adoption is in the best interests of the child and
996	996	30.30child-specific recruitment efforts such as a relative search, consideration of relatives for
997	997	30.31adoptive placement, and the use of state, regional, and national adoption exchanges to
998	998	30.32facilitate orderly and timely placements in and outside of the state. A copy of this
999	999	30Article 3 Sec. 17.
1000	1000	25-01793 as introduced02/04/25 REVISOR EB/CH 31.1documentation shall be provided to the court in the review required under section 260C.317,
1001	1001	31.2subdivision 3, paragraph (b); or
1002	1002	31.3 (7) when a child cannot return to or be in the care of either parent, documentation of
1003	1003	31.4steps to finalize (ii) the transfer of permanent legal and physical custody to a relative as the
1004	1004	31.5permanency plan for the child. This documentation must support the requirements of the
1005	1005	31.6kinship placement agreement under section 142A.605 and must include the reasonable
1006	1006	31.7efforts used to determine that it is not appropriate for the child to return home or be adopted,
1007	1007	31.8and reasons why permanent placement with a relative through a Northstar kinship assistance
1008	1008	31.9arrangement is in the child's best interest; how the child meets the eligibility requirements
1009	1009	31.10for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
1010	1010	31.11relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
1011	1011	31.12if applicable; and agency efforts to discuss with the child's parent or parents the permanent
1012	1012	31.13transfer of permanent legal and physical custody or the reasons why these efforts were not
1013	1013	31.14made;
1014	1014	31.15 (8) (7) efforts to ensure the child's educational stability while in foster care for a child
1015	1015	31.16who attained the minimum age for compulsory school attendance under state law and is
1016	1016	31.17enrolled full time in elementary or secondary school, or instructed in elementary or secondary
1017	1017	31.18education at home, or instructed in an independent study elementary or secondary program,
1018	1018	31.19or incapable of attending school on a full-time basis due to a medical condition that is
1019	1019	31.20documented and supported by regularly updated information in the child's case plan.
1020	1020	31.21Educational stability efforts include:
1021	1021	31.22 (i) efforts to ensure that the child remains in the same school in which the child was
1022	1022	31.23enrolled prior to placement or upon the child's move from one placement to another, including
1023	1023	31.24efforts to work with the local education authorities to ensure the child's educational stability
1024	1024	31.25and attendance; or
1025	1025	31.26 (ii) if it is not in the child's best interest to remain in the same school that the child was
1026	1026	31.27enrolled in prior to placement or move from one placement to another, efforts to ensure
1027	1027	31.28immediate and appropriate enrollment for the child in a new school;
1028	1028	31.29 (9) (8) the educational records of the child including the most recent information available
1029	1029	31.30regarding:
1030	1030	31.31 (i) the names and addresses of the child's educational providers;
1031	1031	31.32 (ii) the child's grade level performance;
1032	1032	31.33 (iii) the child's school record;
1033	1033	31Article 3 Sec. 17.
1034	1034	25-01793 as introduced02/04/25 REVISOR EB/CH 32.1 (iv) a statement about how the child's placement in foster care takes into account
1035	1035	32.2proximity to the school in which the child is enrolled at the time of placement; and
1036	1036	32.3 (v) any other relevant educational information;
1037	1037	32.4 (10) (9) the efforts by the responsible social services agency to ensure support the child's
1038	1038	32.5well-being by ensuring the oversight and continuity of health care services for the foster
1039	1039	32.6child and documenting their health record, including:
1040	1040	32.7 (i) the plan to schedule the child's initial health screens;
1041	1041	32.8 (ii) how the child's known medical problems and identified needs from the screens,
1042	1042	32.9including any known communicable diseases, as defined in section 144.4172, subdivision
1043	1043	32.102, shall be monitored and treated while the child is in foster care;
1044	1044	32.11 (iii) how the child's medical information shall be updated and shared, including the
1045	1045	32.12child's immunizations;
1046	1046	32.13 (iv) who is responsible to coordinate and respond to the child's health care needs,
1047	1047	32.14including the role of the parent, the agency, and the foster parent;
1048	1048	32.15 (v) who is responsible for oversight of the child's prescription medications;
1049	1049	32.16 (vi) how physicians or other appropriate medical and nonmedical professionals shall be
1050	1050	32.17consulted and involved in assessing the health and well-being of the child and determine
1051	1051	32.18the appropriate medical treatment for the child; and
1052	1052	32.19 (vii) the responsibility to ensure that the child has access to medical care through either
1053	1053	32.20medical insurance or medical assistance; and
1054	1054	32.21 (11) the health records of the child including (viii) information available regarding:
1055	1055	32.22 (i) (A) the names and addresses of the child's health care and dental care providers;
1056	1056	32.23 (ii) (B) a record of the child's immunizations;
1057	1057	32.24 (iii) (C) the child's known medical problems, including any known communicable
1058	1058	32.25diseases as defined in section 144.4172, subdivision 2;
1059	1059	32.26 (iv) (D) the child's medications; and
1060	1060	32.27 (v) (E) any other relevant health care information such as the child's eligibility for medical
1061	1061	32.28insurance or medical assistance;
1062	1062	32.29 (12) (10) an independent living plan for a child 14 years of age or older, developed in
1063	1063	32.30consultation with the child. The child may select one member of the case planning team to
1064	1064	32.31be designated as the child's advisor and to advocate with respect to the application of the
1065	1065	32Article 3 Sec. 17.
1066	1066	25-01793 as introduced02/04/25 REVISOR EB/CH 33.1reasonable and prudent parenting standards in subdivision 14. The plan should include, but
1067	1067	33.2not be limited to, the following objectives:
1068	1068	33.3 (i) educational, vocational, or employment planning;
1069	1069	33.4 (ii) health care planning and medical coverage;
1070	1070	33.5 (iii) transportation including, where appropriate, assisting the child in obtaining a driver's
1071	1071	33.6license;
1072	1072	33.7 (iv) money management, including the responsibility of the responsible social services
1073	1073	33.8agency to ensure that the child annually receives, at no cost to the child, a consumer report
1074	1074	33.9as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
1075	1075	33.10in the report;
1076	1076	33.11 (v) planning for housing;
1077	1077	33.12 (vi) social and recreational skills;
1078	1078	33.13 (vii) establishing and maintaining connections with the child's family and community;
1079	1079	33.14and
1080	1080	33.15 (viii) regular opportunities to engage in age-appropriate or developmentally appropriate
1081	1081	33.16activities typical for the child's age group, taking into consideration the capacities of the
1082	1082	33.17individual child;
1083	1083	33.18 (13) (11) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
1084	1084	33.19and assessment information, specific services relating to meeting the mental health care
1085	1085	33.20needs of the child, and treatment outcomes;
1086	1086	33.21 (14) (12) for a child 14 years of age or older, a signed acknowledgment that describes
1087	1087	33.22the child's rights regarding education, health care, visitation, safety and protection from
1088	1088	33.23exploitation, and court participation; receipt of the documents identified in section 260C.452;
1089	1089	33.24and receipt of an annual credit report. The acknowledgment shall state that the rights were
1090	1090	33.25explained in an age-appropriate manner to the child; and
1091	1091	33.26 (15) (13) for a child placed in a qualified residential treatment program, the plan must
1092	1092	33.27include the requirements in section 260C.708.
1093	1093	33.28 (d) (e) The parent or parents or guardian and the child each shall have the right to legal
1094	1094	33.29counsel in the preparation of the case plan and shall be informed of the right at the time of
1095	1095	33.30placement of the child. The child shall also have the right to a guardian ad litem. If unable
1096	1096	33.31to employ counsel from their own resources, the court shall appoint counsel upon the request
1097	1097	33.32of the parent or parents or the child or the child's legal guardian. The parent or parents may
1098	1098	33Article 3 Sec. 17.
1099	1099	25-01793 as introduced02/04/25 REVISOR EB/CH 34.1also receive assistance from any person or social services agency in preparation of the case
1100	1100	34.2plan.
1101	1101	34.3 (e) Before an out-of-home placement plan is signed by the parent or parents or guardian
1102	1102	34.4of the child, the responsible social services agency must provide the parent or parents or
1103	1103	34.5guardian with a one- to two-page summary of the plan using a form developed by the
1104	1104	34.6commissioner. The out-of-home placement plan summary must clearly summarize the plan's
1105	1105	34.7contents under paragraph (c) and list the requirements and responsibilities for the parent or
1106	1106	34.8parents or guardian using plain language. The summary must be updated and provided to
1107	1107	34.9the parent or parents or guardian when the out-of-home placement plan is updated under
1108	1108	34.10subdivision 1a.
1109	1109	34.11 (f) After the plan has been agreed upon by the parties involved or approved or ordered
1110	1110	34.12by the court, the foster parents shall be fully informed of the provisions of the case plan and
1111	1111	34.13shall be provided a copy of the plan.
1112	1112	34.14 (g) Upon the child's discharge from foster care, the responsible social services agency
1113	1113	34.15must provide the child's parent, adoptive parent, or permanent legal and physical custodian,
1114	1114	34.16and the child, if the child is 14 years of age or older, with a current copy of the child's health
1115	1115	34.17and education record. If a child meets the conditions in subdivision 15, paragraph (b), the
1116	1116	34.18agency must also provide the child with the child's social and medical history. The responsible
1117	1117	34.19social services agency may give a copy of the child's health and education record and social
1118	1118	34.20and medical history to a child who is younger than 14 years of age, if it is appropriate and
1119	1119	34.21if subdivision 15, paragraph (b), applies.
1120	1120	34.22Sec. 18. Minnesota Statutes 2024, section 260C.212, subdivision 1a, is amended to read:
1121	1121	34.23 Subd. 1a.Out-of-home placement plan update.(a) Within 30 days of placing the child
1122	1122	34.24in foster care, the agency must complete the child's out-of-home placement plan summary
1123	1123	34.25and file it with the court. Within 60 days of placing the child in foster care, the agency must
1124	1124	34.26file the child's initial out-of-home placement plan with the court. After filing the child's
1125	1125	34.27initial out-of-home placement plan, the agency shall update and file the child's out-of-home
1126	1126	34.28placement plan with the court as follows:
1127	1127	34.29 (1) when the agency moves a child to a different foster care setting, the agency shall
1128	1128	34.30inform the court within 30 days of the child's placement change or court-ordered trial home
1129	1129	34.31visit. The agency must file the child's updated out-of-home placement plan summary and
1130	1130	34.32out-of-home placement plan with the court at the next required review hearing;
1131	1131	34Article 3 Sec. 18.
1132	1132	25-01793 as introduced02/04/25 REVISOR EB/CH 35.1 (2) when the agency places a child in a qualified residential treatment program as defined
1133	1133	35.2in section 260C.007, subdivision 26d, or moves a child from one qualified residential
1134	1134	35.3treatment program to a different qualified residential treatment program, the agency must
1135	1135	35.4update the child's out-of-home placement plan within 60 days. To meet the requirements
1136	1136	35.5of section 260C.708, the agency must file the child's out-of-home placement plan along
1137	1137	35.6with the agency's report seeking the court's approval of the child's placement at a qualified
1138	1138	35.7residential treatment program under section 260C.71. After the court issues an order, the
1139	1139	35.8agency must update the child's out-of-home placement plan to document the court's approval
1140	1140	35.9or disapproval of the child's placement in a qualified residential treatment program;
1141	1141	35.10 (3) when the agency places a child with the child's parent in a licensed residential
1142	1142	35.11family-based substance use disorder treatment program under section 260C.190, the agency
1143	1143	35.12must identify the treatment program where the child will be placed in the child's out-of-home
1144	1144	35.13placement plan prior to the child's placement. The agency must file the child's out-of-home
1145	1145	35.14placement plan summary and out-of-home placement plan with the court at the next required
1146	1146	35.15review hearing; and
1147	1147	35.16 (4) under sections 260C.227 and 260C.521, the agency must update the child's
1148	1148	35.17out-of-home placement plan summary and out-of-home placement plan and file the child's
1149	1149	35.18out-of-home placement plan with the court.
1150	1150	35.19 (b) When none of the items in paragraph (a) apply, the agency must update the child's
1151	1151	35.20out-of-home placement plan summary and out-of-home placement plan no later than 180
1152	1152	35.21days after the child's initial placement and every six months thereafter, consistent with
1153	1153	35.22section 260C.203, paragraph (a).
1154	1154	35.23Sec. 19. Minnesota Statutes 2024, section 260C.223, subdivision 1, is amended to read:
1155	1155	35.24 Subdivision 1.Program; goals.(a) The commissioner of children, youth, and families
1156	1156	35.25shall establish a program for concurrent permanency planning for child protection services.
1157	1157	35.26 (b) Concurrent permanency planning involves a planning process for children who are
1158	1158	35.27placed out of the home of their parents pursuant to a court order, or who have been voluntarily
1159	1159	35.28placed out of the home by the parents for 60 days or more and who are not developmentally
1160	1160	35.29disabled or emotionally disabled under section 260C.212, subdivision 9. The responsible
1161	1161	35.30social services agency shall develop an alternative permanency plan while making reasonable
1162	1162	35.31efforts for reunification of the child with the family, if required by section 260.012. The
1163	1163	35.32goals of concurrent permanency planning are to:
1164	1164	35.33 (1) achieve early permanency for children;
1165	1165	35Article 3 Sec. 19.
1166	1166	25-01793 as introduced02/04/25 REVISOR EB/CH 36.1 (2) decrease children's length of stay in foster care and reduce the number of moves
1167	1167	36.2children experience in foster care; and
1168	1168	36.3 (3) develop a group of families establish a foster parent for a child who will work towards
1169	1169	36.4reunification and also serve as a permanent families family for children.
1170	1170	36.5 Sec. 20. Minnesota Statutes 2024, section 260C.223, subdivision 2, is amended to read:
1171	1171	36.6 Subd. 2.Development of guidelines and protocols.(a) The commissioner shall establish
1172	1172	36.7guidelines and protocols for social services agencies involved in concurrent permanency
1173	1173	36.8planning, including criteria for conducting concurrent permanency planning based on relevant
1174	1174	36.9factors such as:
1175	1175	36.10 (1) age of the child and duration of out-of-home placement;
1176	1176	36.11 (2) prognosis for successful reunification with parents;
1177	1177	36.12 (3) availability of relatives and other concerned individuals to provide support or a
1178	1178	36.13permanent placement for the child; and
1179	1179	36.14 (4) special needs of the child and other factors affecting the child's best interests.
1180	1180	36.15 (b) In developing the guidelines and protocols, the commissioner shall consult with
1181	1181	36.16interest groups within the child protection system, including child protection workers, child
1182	1182	36.17protection advocates, county attorneys, law enforcement, community service organizations,
1183	1183	36.18the councils of color, and the ombudsperson for families.
1184	1184	36.19 (c) The responsible social services agency must not make a foster family the permanent
1185	1185	36.20home for a child until:
1186	1186	36.21 (1) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2,
1187	1187	36.22are satisfied;
1188	1188	36.23 (2) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant
1189	1189	36.24to section 260.63, subdivision 10, has been completed; and
1190	1190	36.25 (3) the court has determined that reasonable or active efforts toward completing the
1191	1191	36.26relative search requirements in section 260C.221 have been made.
1192	1192	36.27Sec. 21. Minnesota Statutes 2024, section 260C.329, subdivision 3, is amended to read:
1193	1193	36.28 Subd. 3.Petition.(a) The following individuals may file a petition for the reestablishment
1194	1194	36.29of the legal parent and child relationship:
1195	1195	36.30 (1) county attorney,;
1196	1196	36Article 3 Sec. 21.
1197	1197	25-01793 as introduced02/04/25 REVISOR EB/CH 37.1 (2) a parent whose parental rights were terminated under a previous order of the court,;
1198	1198	37.2 (3) a parent whose voluntary consent to adoption was accepted by the court and:
1199	1199	37.3 (i) the identified prospective adoptive parent did not finalize the adoption; or
1200	1200	37.4 (ii) the adoption finalized but subsequently dissolved and the child returned to foster
1201	1201	37.5care and guardianship of the commissioner;
1202	1202	37.6 (4) a child who is ten years of age or older,;
1203	1203	37.7 (5) the responsible social services agency,; or
1204	1204	37.8 (6) a guardian ad litem may file a petition for the reestablishment of the legal parent and
1205	1205	37.9child relationship.
1206	1206	37.10 (b) A parent filing a petition under this section shall pay a filing fee in the amount
1207	1207	37.11required under section 357.021, subdivision 2, clause (1). The filing fee may be waived
1208	1208	37.12pursuant to chapter 563. A petition for the reestablishment of the legal parent and child
1209	1209	37.13relationship may be filed when:
1210	1210	37.14 (1) the parent has corrected the conditions that led to an order terminating parental rights;
1211	1211	37.15 (2) the parent is willing and has the capability to provide day-to-day care and maintain
1212	1212	37.16the health, safety, and welfare of the child;
1213	1213	37.17 (3) the child has been in foster care for at least 24 months after the court issued the order
1214	1214	37.18terminating parental rights;
1215	1215	37.19 (4) the child has is not been currently adopted; and
1216	1216	37.20 (5) the child is not the subject of a written adoption placement agreement between the
1217	1217	37.21responsible social services agency and the prospective adoptive parent, as required under
1218	1218	37.22Minnesota Rules, part 9560.0060, subpart 2.
1219	1219	37.23Sec. 22. Minnesota Statutes 2024, section 260C.329, subdivision 8, is amended to read:
1220	1220	37.24 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the
1221	1221	37.25legal parent and child relationship only if it finds by clear and convincing evidence that:
1222	1222	37.26 (1) reestablishment of the legal parent and child relationship is in the child's best interests;
1223	1223	37.27 (2) the child has is not been currently adopted;
1224	1224	37.28 (3) the child is not the subject of a written adoption placement agreement between the
1225	1225	37.29responsible social services agency and the prospective adoptive parent, as required under
1226	1226	37.30Minnesota Rules, part 9560.0060, subpart 2;
1227	1227	37Article 3 Sec. 22.
1228	1228	25-01793 as introduced02/04/25 REVISOR EB/CH 38.1 (4) at least 24 months have elapsed following a final order terminating parental rights
1229	1229	38.2and the child remains in foster care;
1230	1230	38.3 (5) the child desires to reside with the parent;
1231	1231	38.4 (6) the parent has corrected the conditions that led to an order terminating parental rights;
1232	1232	38.5and
1233	1233	38.6 (7) the parent is willing and has the capability to provide day-to-day care and maintain
1234	1234	38.7the health, safety, and welfare of the child.
1235	1235	38.8 Sec. 23. Minnesota Statutes 2024, section 260C.451, subdivision 9, is amended to read:
1236	1236	38.9 Subd. 9.Administrative or court review of placements.(a) The court shall must
1237	1237	38.10conduct reviews at least annually to ensure the responsible social services agency is making
1238	1238	38.11reasonable efforts to finalize the permanency plan for the child.
1239	1239	38.12 (b) The responsible social services agency must file a written report with the court
1240	1240	38.13containing or attaching the following:
1241	1241	38.14 (1) the child's name, date of birth, race, gender, and current address;
1242	1242	38.15 (2) a written summary describing planning with the child, including supports and services
1243	1243	38.16to ensure the child's safety, housing stability, well-being needs, and independent living
1244	1244	38.17skills;
1245	1245	38.18 (3) the child's most recent out-of-home placement plan and independent living plan
1246	1246	38.19required under section 260C.212, subdivision 1;
1247	1247	38.20 (4) if the child's plan is to not continue in extended foster care or if the child will reach
1248	1248	38.21age 21 before the next review, a copy of their 180-day transition plan as required in section
1249	1249	38.22260C.452, subdivision 4; and
1250	1250	38.23 (5) if the agency plans to transition the child into adult services, a summary of the
1251	1251	38.24transition plan as required in section 260C.452, subdivision 4, and how this plan is in the
1252	1252	38.25child's best interest.
1253	1253	38.26 (b) (c) The court shall must find that the responsible social services agency is making
1254	1254	38.27reasonable efforts to finalize the permanency plan for the child when the responsible social
1255	1255	38.28services agency:
1256	1256	38.29 (1) provides appropriate support to the child and caregiver or foster care provider parent
1257	1257	38.30to ensure continuing stability and success in placement;
1258	1258	38Article 3 Sec. 23.
1259	1259	25-01793 as introduced02/04/25 REVISOR EB/CH 39.1 (2) works with the child to plan for transition to adulthood and assists the child in
1260	1260	39.2demonstrating progress in achieving related goals;
1261	1261	39.3 (3) works with the child to plan for independent living skills and assists the child in
1262	1262	39.4demonstrating progress in achieving independent living goals; and
1263	1263	39.5 (4) prepares the child for independence according to sections 260C.203, paragraph (d),
1264	1264	39.6and 260C.452, subdivision 4.
1265	1265	39.7 (c) (d) The responsible social services agency must ensure that an administrative review
1266	1266	39.8that meets the requirements of this section and section 260C.203 is completed at least six
1267	1267	39.9months after each of the court's annual reviews.
1268	1268	39.10Sec. 24. Minnesota Statutes 2024, section 260C.452, subdivision 4, is amended to read:
1269	1269	39.11 Subd. 4.Administrative or court review of placements.(a) When the youth is 14 years
1270	1270	39.12of age or older, the court, in consultation with the youth, shall review the youth's independent
1271	1271	39.13living plan according to section 260C.203, paragraph (d).
1272	1272	39.14 (b) The responsible social services agency shall file a copy of the notification of foster
1273	1273	39.15care benefits for a youth who is 18 years of age or older according to section 260C.451,
1274	1274	39.16subdivision 1, with the court. If the responsible social services agency does not file the
1275	1275	39.17notice by the time the youth is 17-1/2 years of age, the court shall require the responsible
1276	1276	39.18social services agency to file the notice.
1277	1277	39.19 (c) When a youth is 18 years of age or older, the court shall ensure that the responsible
1278	1278	39.20social services agency assists the youth in obtaining the following documents before the
1279	1279	39.21youth leaves foster care: a Social Security card; an official or certified copy of the youth's
1280	1280	39.22birth certificate; a state identification card or driver's license, Tribal enrollment identification
1281	1281	39.23card, green permanent resident card, or school visa; health insurance information; the youth's
1282	1282	39.24school, medical, and dental records; a contact list of the youth's medical, dental, and mental
1283	1283	39.25health providers; and contact information for the youth's siblings, if the siblings are in foster
1284	1284	39.26care.
1285	1285	39.27 (d) For a youth who will be discharged from foster care at 18 years of age or older
1286	1286	39.28because the youth is not eligible for extended foster care benefits or chooses to leave foster
1287	1287	39.29care, the responsible social services agency must develop a personalized transition plan as
1288	1288	39.30directed by the youth during the 180-day period immediately prior to the expected date of
1289	1289	39.31discharge. The transition plan must be as detailed as the youth elects and include specific
1290	1290	39.32options, including but not limited to:
1291	1291	39.33 (1) affordable housing with necessary supports that does not include a homeless shelter;
1292	1292	39Article 3 Sec. 24.
1293	1293	25-01793 as introduced02/04/25 REVISOR EB/CH 40.1 (2) health insurance, including eligibility for medical assistance as defined in section
1294	1294	40.2256B.055, subdivision 17;
1295	1295	40.3 (3) education, including application to the Education and Training Voucher Program;
1296	1296	40.4 (4) local opportunities for mentors and continuing support services;
1297	1297	40.5 (5) workforce supports and employment services;
1298	1298	40.6 (6) a copy of the youth's consumer credit report as defined in section 13C.001 and
1299	1299	40.7assistance in interpreting and resolving any inaccuracies in the report, at no cost to the youth;
1300	1300	40.8 (7) information on executing a health care directive under chapter 145C and on the
1301	1301	40.9importance of designating another individual to make health care decisions on behalf of the
1302	1302	40.10youth if the youth becomes unable to participate in decisions;
1303	1303	40.11 (8) appropriate contact information through 21 years of age if the youth needs information
1304	1304	40.12or help dealing with a crisis situation; and
1305	1305	40.13 (9) official documentation that the youth was previously in foster care.
1306	1306	40.14Sec. 25. Minnesota Statutes 2024, section 260E.09, is amended to read:
1307	1307	40.15 260E.09 REPORTING REQUIREMENTS.
1308	1308	40.16 (a) An oral report shall be made immediately by telephone or otherwise. An oral report
1309	1309	40.17made by a person required under section 260E.06, subdivision 1, to report shall be followed
1310	1310	40.18within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate
1311	1311	40.19police department, the county sheriff, the agency responsible for assessing or investigating
1312	1312	40.20the report, or the local welfare agency.
1313	1313	40.21 (b) Any report shall be of sufficient content to identify the child, any person believed
1314	1314	40.22to be responsible for the maltreatment of the child if the person is known, the nature and
1315	1315	40.23extent of the maltreatment, and the name and address of the reporter. The local welfare
1316	1316	40.24agency or agency responsible for assessing or investigating the report shall accept a report
1317	1317	40.25made under section 260E.06 notwithstanding refusal by a reporter to provide the reporter's
1318	1318	40.26name or address as long as the report is otherwise sufficient under this paragraph. The local
1319	1319	40.27welfare agency or agency responsible for assessing or investigating the report shall ask the
1320	1320	40.28reporter if the reporter is aware of the child or family heritage, including the child's Tribal
1321	1321	40.29lineage pursuant to section 260.761 and their race, culture, and ethnicity pursuant to section
1322	1322	40.30260.63, subdivision 10.
1323	1323	40.31 (c) Notwithstanding paragraph (a), upon implementation of the provider licensing and
1324	1324	40.32reporting hub, an individual who has an account with the provider licensing and reporting
1325	1325	40Article 3 Sec. 25.
1326	1326	25-01793 as introduced02/04/25 REVISOR EB/CH 41.1hub and is required to report suspected maltreatment at a licensed program under section
1327	1327	41.2260E.06, subdivision 1, may submit a written report in the hub in a manner prescribed by
1328	1328	41.3the commissioner and is not required to make an oral report. A report submitted through
1329	1329	41.4the provider licensing and reporting hub must be made immediately.
1330	1330	41.5 Sec. 26. Minnesota Statutes 2024, section 260E.20, subdivision 1, is amended to read:
1331	1331	41.6 Subdivision 1.General duties.(a) The local welfare agency shall offer services to
1332	1332	41.7prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
1333	1333	41.8and supporting and preserving family life whenever possible.
1334	1334	41.9 (b) If the report alleges a violation of a criminal statute involving maltreatment or child
1335	1335	41.10endangerment under section 609.378, the local law enforcement agency and local welfare
1336	1336	41.11agency shall coordinate the planning and execution of their respective investigation and
1337	1337	41.12assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
1338	1338	41.13Each agency shall prepare a separate report of the results of the agency's investigation or
1339	1339	41.14assessment.
1340	1340	41.15 (c) In cases of alleged child maltreatment resulting in death, the local agency may rely
1341	1341	41.16on the fact-finding efforts of a law enforcement investigation to make a determination of
1342	1342	41.17whether or not maltreatment occurred.
1343	1343	41.18 (d) When necessary, the local welfare agency shall seek authority to remove the child
1344	1344	41.19from the custody of a parent, guardian, or adult with whom the child is living.
1345	1345	41.20 (e) In performing any of these duties, the local welfare agency shall maintain an
1346	1346	41.21appropriate record.
1347	1347	41.22 (f) In conducting a family assessment, noncaregiver human trafficking assessment, or
1348	1348	41.23investigation, the local welfare agency shall gather information on the existence of substance
1349	1349	41.24abuse and domestic violence.
1350	1350	41.25 (g) If the family assessment, noncaregiver human trafficking assessment, or investigation
1351	1351	41.26indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or
1352	1352	41.27person responsible for the child's care, the local welfare agency must coordinate a
1353	1353	41.28comprehensive assessment pursuant to section 245G.05.
1354	1354	41.29 (h) The agency may use either a family assessment or investigation to determine whether
1355	1355	41.30the child is safe when responding to a report resulting from birth match data under section
1356	1356	41.31260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
1357	1357	41.32to be safe, the agency shall consult with the county attorney to determine the appropriateness
1358	1358	41.33of filing a petition alleging the child is in need of protection or services under section
1359	1359	41Article 3 Sec. 26.
1360	1360	25-01793 as introduced02/04/25 REVISOR EB/CH 42.1260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
1361	1361	42.2determined not to be safe, the agency and the county attorney shall take appropriate action
1362	1362	42.3as required under section 260C.503, subdivision 2.
1363	1363	42.4 (i) When conducting any assessment or investigation, the agency shall ask the child, if
1364	1364	42.5age appropriate; parents; extended family; and reporter about the child's family heritage,
1365	1365	42.6including the child's Tribal lineage pursuant to section 260.761 and the child's race, culture,
1366	1366	42.7and ethnicity pursuant to section 260.63, subdivision 10.
1367	1367	42.8 Sec. 27. Minnesota Statutes 2024, section 260E.20, subdivision 3, is amended to read:
1368	1368	42.9 Subd. 3.Collection of information.(a) The local welfare agency responsible for
1369	1369	42.10conducting a family assessment, noncaregiver human trafficking assessment, or investigation
1370	1370	42.11shall collect available and relevant information to determine child safety, risk of subsequent
1371	1371	42.12maltreatment, and family strengths and needs and share not public information with an
1372	1372	42.13Indian's Tribal social services agency without violating any law of the state that may
1373	1373	42.14otherwise impose a duty of confidentiality on the local welfare agency in order to implement
1374	1374	42.15the Tribal state agreement.
1375	1375	42.16 (b) The local welfare agency or the agency responsible for investigating the report shall
1376	1376	42.17collect available and relevant information to ascertain whether maltreatment occurred and
1377	1377	42.18whether protective services are needed.
1378	1378	42.19 (c) Information collected includes, when relevant, information regarding the person
1379	1379	42.20reporting the alleged maltreatment, including the nature of the reporter's relationship to the
1380	1380	42.21child and to the alleged offender, and the basis of the reporter's knowledge for the report;
1381	1381	42.22the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
1382	1382	42.23collateral sources having relevant information related to the alleged maltreatment.
1383	1383	42.24 (d) Information relevant to the assessment or investigation must be requested, and may
1384	1384	42.25include:
1385	1385	42.26 (1) the child's sex and age; prior reports of maltreatment, including any maltreatment
1386	1386	42.27reports that were screened out and not accepted for assessment or investigation; information
1387	1387	42.28relating to developmental functioning; credibility of the child's statement; and whether the
1388	1388	42.29information provided under this clause is consistent with other information collected during
1389	1389	42.30the course of the assessment or investigation;
1390	1390	42.31 (2) except in a noncaregiver human trafficking assessment, the alleged offender's age,
1391	1391	42.32a record check for prior reports of maltreatment, and criminal charges and convictions;
1392	1392	42Article 3 Sec. 27.
1393	1393	25-01793 as introduced02/04/25 REVISOR EB/CH 43.1 (3) collateral source information regarding the alleged maltreatment and care of the
1394	1394	43.2child. Collateral information includes, when relevant: (i) a medical examination of the child;
1395	1395	43.3(ii) prior medical records relating to the alleged maltreatment or the care of the child
1396	1396	43.4maintained by any facility, clinic, or health care professional and an interview with the
1397	1397	43.5treating professionals; and (iii) interviews with the child's caretakers, including the child's
1398	1398	43.6parent, guardian, foster parent, child care provider, teachers, counselors, family members,
1399	1399	43.7relatives, and other persons who may have knowledge regarding the alleged maltreatment
1400	1400	43.8and the care of the child; and
1401	1401	43.9 (4) information on the existence of domestic abuse and violence in the home of the child,
1402	1402	43.10and substance abuse.
1403	1403	43.11 (e) Nothing in this subdivision precludes the local welfare agency, the local law
1404	1404	43.12enforcement agency, or the agency responsible for assessing or investigating the report from
1405	1405	43.13collecting other relevant information necessary to conduct the assessment or investigation.
1406	1406	43.14 (f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has
1407	1407	43.15access to medical data and records for purposes of paragraph (d), clause (3).
1408	1408	43.16Sec. 28. [260E.215] REPORTING OF SCHOOL ATTENDANCE CONCERNS.
1409	1409	43.17 Subdivision 1.Reports required.(a) A person mandated to report under this chapter
1410	1410	43.18must immediately report to the local welfare agency or designated partner if the person
1411	1411	43.19knows or has reason to believe that a child required to be enrolled in school under section
1412	1412	43.20120A.22 has at least seven unexcused absences in the current school year and is at risk of
1413	1413	43.21educational neglect or truancy under section 260C.163, subdivision 11.
1414	1414	43.22 (b) Any person may make a voluntary report if the person knows or has reason to believe
1415	1415	43.23that a child required to be enrolled in school under section 120A.22 has at least seven
1416	1416	43.24unexcused absences in the current school year and is at risk of educational neglect or truancy
1417	1417	43.25under section 260C.163, subdivision 11.
1418	1418	43.26 (c) An oral report must be made immediately. An oral report made by a person required
1419	1419	43.27to report under paragraph (a) must be followed within 72 hours, exclusive of weekends and
1420	1420	43.28holidays, by a report in writing to the local welfare agency. A report must sufficiently
1421	1421	43.29identify the child and the child's parent or guardian, the actual or estimated number of the
1422	1422	43.30child's unexcused absences in the current school year, the efforts made by school officials
1423	1423	43.31to resolve attendance concerns with the family, and the name and address of the reporter.
1424	1424	43.32A voluntary reporter under paragraph (b) may refuse to provide their name or address if the
1425	1425	43.33report is otherwise sufficient, and the local welfare agency must accept such a report.
1426	1426	43Article 3 Sec. 28.
1427	1427	25-01793 as introduced02/04/25 REVISOR EB/CH 44.1 Subd. 2.Local welfare agency.(a) The local welfare agency or partner designated to
1428	1428	44.2provide child welfare services must provide a child welfare response for a report that alleges
1429	1429	44.3a child enrolled in school has seven or more unexcused absences. When providing a child
1430	1430	44.4welfare response under this paragraph, the local welfare agency or designated partner must
1431	1431	44.5offer services to the child and the child's family to address school attendance concerns or
1432	1432	44.6may partner with a county attorney's office, a community-based organization, or other
1433	1433	44.7community partner to provide the services. The services must be culturally and linguistically
1434	1434	44.8appropriate and tailored to the needs of the child and the child's family. This section is
1435	1435	44.9subject to the requirements of the Minnesota Indian Family Preservation Act under sections
1436	1436	44.10260.751 to 260.835 and the Minnesota African American Family Preservation and Child
1437	1437	44.11Welfare Disproportionality Act under sections 260.61 to 260.693.
1438	1438	44.12 (b) If the unexcused absences continue and the family has not engaged with services
1439	1439	44.13under paragraph (a) after the local welfare agency or partner designated to provide child
1440	1440	44.14welfare services has made multiple varied attempts to engage the child's family, a report of
1441	1441	44.15educational neglect must be made regardless of the number of unexcused absences the child
1442	1442	44.16has accrued. The local welfare agency must determine the response path assignment pursuant
1443	1443	44.17to section 260E.17 and may proceed with the process outlined in section 260C.141.
1444	1444	44.18Sec. 29. Minnesota Statutes 2024, section 260E.24, subdivision 1, is amended to read:
1445	1445	44.19 Subdivision 1.Timing.The local welfare agency shall conclude the family assessment,
1446	1446	44.20the noncaregiver human trafficking assessment, or the investigation within 45 days of the
1447	1447	44.21receipt of a report. The conclusion of the assessment or investigation may be extended to
1448	1448	44.22permit the completion of a criminal investigation or the receipt of expert information
1449	1449	44.23requested within 45 days of the receipt of the report.
1450	1450	44.24Sec. 30. Minnesota Statutes 2024, section 260E.24, subdivision 2, is amended to read:
1451	1451	44.25 Subd. 2.Determination after family assessment or a noncaregiver human trafficking
1452	1452	44.26assessment.After conducting a family assessment or a noncaregiver human trafficking
1453	1453	44.27assessment, the local welfare agency shall determine whether child protective services are
1454	1454	44.28needed to address the safety of the child and other family members and the risk of subsequent
1455	1455	44.29maltreatment. The local welfare agency must document the information collected under
1456	1456	44.30section 260E.20, subdivision 3, related to the completed family assessment or noncaregiver
1457	1457	44.31human trafficking assessment in the child's or family's case notes.
1458	1458	44Article 3 Sec. 30.
1459	1459	25-01793 as introduced02/04/25 REVISOR EB/CH 45.1 Sec. 31. REVISOR INSTRUCTION.
1460	1460	45.2 The revisor of statutes shall change paragraphs to subdivisions, clauses to paragraphs,
1461	1461	45.3and items to clauses in Minnesota Statutes, sections 260C.203 and 260C.204. The revisor
1462	1462	45.4shall make any necessary grammatical changes or changes to sentence structure necessary
1463	1463	45.5to preserve the meaning of the text as a result of the changes. The revisor of statutes must
1464	1464	45.6correct any statutory cross-references consistent with the changes in this section.
1465	1465	45.7 ARTICLE 4
1466	1466	45.8 TRANSFERS TO DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES
1467	1467	45.9 Section 1. TRANSFERS TO THE DEPARTMENT OF CHILDREN, YOUTH, AND
1468	1468	45.10FAMILIES IN UNCODIFIED LAW.
1469	1469	45.11 Any power, duty, or responsibility given to the commissioner of human services or the
1470	1470	45.12Department of Human Services in an uncodified section of Laws of Minnesota that is a part
1471	1471	45.13of, necessary for, or in service of a power, duty, or responsibility transferred in Laws 2023,
1472	1472	45.14chapter 70, article 12, section 30, or Laws 2024, chapter 80, transfers to the commissioner
1473	1473	45.15of children, youth, and families or the Department of Children, Youth, and Families upon
1474	1474	45.16the notice of transfer of the underlying power, duty, or responsibility required in Laws 2023,
1475	1475	45.17chapter 70, article 12, section 30, subdivision 1. This section applies to uncodified sections
1476	1476	45.18of Laws of Minnesota enacted before and after Laws 2023, chapter 70, including but not
1477	1477	45.19limited to Laws 2024, chapter 117, sections 16 to 22.
1478	1478	45Article 4 Section 1.
1479	1479	25-01793 as introduced02/04/25 REVISOR EB/CH Page.Ln 1.17ECONOMIC ASSISTANCE..................................................................ARTICLE 1
1480	1480	Page.Ln 2.1CHILD CARE PROVIDER PROGRAMS............................................ARTICLE 2
1481	1481	Page.Ln 2.21CHILD WELFARE................................................................................ARTICLE 3
1482	1482	Page.Ln 45.7
1483	1483	TRANSFERS TO DEPARTMENT OF CHILDREN, YOUTH, AND
1484	1484	FAMILIES..............................................................................................ARTICLE 4
1485	1485	1
1486	1486	APPENDIX
1487	1487	Article locations for 25-01793