Bill Text: MN HF3282 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Indian child welfare provisions modified, and conforming changes made.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-24 - Introduction and first reading, referred to Civil Law [HF3282 Detail]
Download: Minnesota-2013-HF3282-Introduced.html
1.2relating to human services; modifying provisions governing Indian child welfare;
1.3making conforming changes;amending Minnesota Statutes 2012, sections
1.4245A.035, subdivisions 1, 5; 245C.22, subdivision 7; 257.85, subdivision
1.53; 259A.01, subdivision 25; 259A.10, subdivision 6; 260.755, by adding
1.6subdivisions; 260B.007, subdivision 12; 260C.007, subdivision 27, by adding
1.7a subdivision; 260C.168; 260C.201, subdivision 5; 260C.212, subdivision
1.81; Minnesota Statutes 2013 Supplement, sections 256N.02, subdivision 18;
1.9256N.23, subdivision 6; proposing coding for new law in Minnesota Statutes,
1.10chapter 260.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 245A.035, subdivision 1, is amended to
1.13read:
1.14 Subdivision 1. Emergency placement. Notwithstanding section245A.03,
1.15subdivision 2a , or
245C.13, subdivision 2 , a county agency may place a child with a
1.16relative who is not licensed to provide foster care, provided the requirements of this
1.17section are met. As used in this section, the term "relative" has the meaning given it under
1.18section 260C.007, subdivision 26b or 27.
1.19 Sec. 2. Minnesota Statutes 2012, section 245A.035, subdivision 5, is amended to read:
1.20 Subd. 5. Child foster care license application. (a) The relatives with whom the
1.21emergency placement has been made shall complete the child foster care license application
1.22and necessary paperwork within ten days of the placement. The county agency shall assist
1.23the applicant to complete the application. The granting of a child foster care license to a
1.24relative shall be under the procedures in this chapter and according to the standards in
1.25Minnesota Rules, chapter 2960. In licensing a relative, the commissioner shall consider
1.26the importance of maintaining the child's relationship with relatives as an additional
2.1significant factor in determining whether a background study disqualification should be
2.2set aside under section245C.22 , or a variance should be granted under section
245C.30 .
2.3 (b) When the county or private child-placing agency is processing an application
2.4for child foster care licensure of a relative as defined in section260B.007, subdivision
2.512 , or 260C.007, subdivision 26b or 27, the county agency or child-placing agency must
2.6explain the licensing process to the prospective licensee, including the background study
2.7process and the procedure for reconsideration of an initial disqualification for licensure.
2.8The county or private child-placing agency must also provide the prospective relative
2.9licensee with information regarding appropriate options for legal representation in the
2.10pertinent geographic area. If a relative is initially disqualified under section245C.14 , the
2.11commissioner must provide written notice of the reasons for the disqualification and the
2.12right to request a reconsideration by the commissioner as required under section245C.17 .
2.13 (c) The commissioner shall maintain licensing data so that activities related to
2.14applications and licensing actions for relative foster care providers may be distinguished
2.15from other child foster care settings.
2.16 Sec. 3. Minnesota Statutes 2012, section 245C.22, subdivision 7, is amended to read:
2.17 Subd. 7. Classification of certain data. (a) Notwithstanding section13.46 , upon
2.18setting aside a disqualification under this section, the identity of the disqualified individual
2.19who received the set-aside and the individual's disqualifying characteristics are public
2.20data if the set-aside was:
2.21(1) for any disqualifying characteristic under section245C.15 , when the set-aside
2.22relates to a child care center or a family child care provider licensed under chapter 245A; or
2.23(2) for a disqualifying characteristic under section245C.15, subdivision 2 .
2.24(b) Notwithstanding section13.46 , upon granting a variance to a license holder
2.25under section245C.30 , the identity of the disqualified individual who is the subject of
2.26the variance, the individual's disqualifying characteristics under section245C.15 , and the
2.27terms of the variance are public data, when the variance:
2.28(1) is issued to a child care center or a family child care provider licensed under
2.29chapter 245A; or
2.30(2) relates to an individual with a disqualifying characteristic under section245C.15,
2.31subdivision 2 .
2.32(c) The identity of a disqualified individual and the reason for disqualification
2.33remain private data when:
2.34(1) a disqualification is not set aside and no variance is granted, except as provided
2.35under section13.46, subdivision 4 ;
3.1(2) the data are not public under paragraph (a) or (b);
3.2(3) the disqualification is rescinded because the information relied upon to disqualify
3.3the individual is incorrect;
3.4(4) the disqualification relates to a license to provide relative child foster care.
3.5As used in this clause, "relative" has the meaning given it under section 260C.007,
3.6subdivision 26b or 27; or
3.7(5) the disqualified individual is a household member of a licensed foster care
3.8provider and:
3.9(i) the disqualified individual previously received foster care services from this
3.10licensed foster care provider;
3.11(ii) the disqualified individual was subsequently adopted by this licensed foster
3.12care provider; and
3.13(iii) the disqualifying act occurred before the adoption.
3.14(d) Licensed family child care providers and child care centers must provide notices
3.15as required under section245C.301 .
3.16(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
3.17are the subject of a disqualification related set-aside or variance is not public data if:
3.18(1) the household member resides in the residence where the family child care is
3.19provided;
3.20(2) the subject of the set-aside or variance is under the age of 18 years; and
3.21(3) the set-aside or variance only relates to a disqualification under section245C.15 ,
3.22subdivision 4, for a misdemeanor-level theft crime as defined in section609.52 .
3.23 Sec. 4. Minnesota Statutes 2013 Supplement, section 256N.02, subdivision 18, is
3.24amended to read:
3.25 Subd. 18. Relative. "Relative," as described in section260C.007, subdivision 27 ,
3.26means a person related to the child by blood, marriage, or adoption, or an individual
3.27who is an important friend with whom the child has resided or had significant contact.
3.28For an Indian child, relative, as described in section 260C.007, subdivision 26b, includes
3.29members a person who is a member of the Indian child's extended family as defined by
3.30the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
3.31nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978,
3.32United States Code, title 25, section 1903.
3.33 Sec. 5. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 6, is
3.34amended to read:
4.1 Subd. 6. Exclusions. The commissioner must not enter into an adoption assistance
4.2agreement with the following individuals:
4.3(1) a child's biological parent or stepparent;
4.4(2) a child's relative under section 260C.007, subdivision 26b or 27, with whom the
4.5child resided immediately prior to child welfare involvement unless:
4.6(i) the child was in the custody of a Minnesota county or tribal agency pursuant to
4.7an order under chapter 260C or equivalent provisions of tribal code and the agency had
4.8placement and care responsibility for permanency planning for the child; and
4.9(ii) the child is under guardianship of the commissioner of human services according
4.10to the requirements of section260C.325, subdivision 1 or 3, or is a ward of a Minnesota
4.11tribal court after termination of parental rights, suspension of parental rights, or a finding
4.12by the tribal court that the child cannot safely return to the care of the parent;
4.13(3) an individual adopting a child who is the subject of a direct adoptive placement
4.14under section259.47 or the equivalent in tribal code;
4.15(4) a child's legal custodian or guardian who is now adopting the child; or
4.16(5) an individual who is adopting a child who is not a citizen or resident of the
4.17United States and was either adopted in another country or brought to the United States
4.18for the purposes of adoption.
4.19 Sec. 6. Minnesota Statutes 2012, section 257.85, subdivision 3, is amended to read:
4.20 Subd. 3. Definitions. For purposes of this section, the terms defined in this
4.21subdivision have the meanings given them.
4.22(a) "MFIP standard" means the transitional standard used to calculate assistance
4.23under the MFIP program, or, if permanent legal and physical custody of the child is given
4.24to a relative custodian residing outside of Minnesota, the analogous transitional standard
4.25or standard of need used to calculate assistance under the TANF program of the state
4.26where the relative custodian lives.
4.27(b) "Local agency" means the county social services agency or tribal social services
4.28agency with legal custody of a child prior to the transfer of permanent legal and physical
4.29custody.
4.30(c) "Permanent legal and physical custody" means permanent legal and physical
4.31custody ordered by a Minnesota Juvenile Court under section 260C.515, subdivision 4.
4.32(d) "Relative" has the meaning given in section 260C.007, subdivision 26b or 27.
4.33(e) "Relative custodian" means a person who has permanent legal and physical
4.34custody of a child. When siblings, including half-siblings and stepsiblings, are placed
4.35together in permanent legal and physical custody, the person receiving permanent legal
5.1and physical custody of the siblings is considered a relative custodian of all of the siblings
5.2for purposes of this section.
5.3(f) "Relative custody assistance agreement" means an agreement entered into
5.4between a local agency and a person who has been or will be awarded permanent legal
5.5and physical custody of a child.
5.6(g) "Relative custody assistance payment" means a monthly cash grant made to a
5.7relative custodian pursuant to a relative custody assistance agreement and in an amount
5.8calculated under subdivision 7.
5.9(h) "Remains in the physical custody of the relative custodian" means that the
5.10relative custodian is providing day-to-day care for the child and that the child lives with
5.11the relative custodian; absence from the relative custodian's home for a period of more
5.12than 120 days raises a presumption that the child no longer remains in the physical
5.13custody of the relative custodian.
5.14 Sec. 7. Minnesota Statutes 2012, section 259A.01, subdivision 25, is amended to read:
5.15 Subd. 25. Relative. "Relative" means a person related to the child by blood,
5.16marriage, or adoption, or an individual who is an important friend with whom the child has
5.17resided or had significant contact. For an Indian child, relative includesmembers a person
5.18who is a member of the Indian child's extended family as definedby law or custom of the
5.19Indian child's tribe, or, in the absence of law or custom, shall be a person who has reached
5.20the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister,
5.21brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent, as
5.22provided in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.
5.23 Sec. 8. Minnesota Statutes 2012, section 259A.10, subdivision 6, is amended to read:
5.24 Subd. 6. Exclusions. The commissioner shall not enter into an adoption assistance
5.25agreement with:
5.26(1) a child's biological parent or stepparent;
5.27(2) a child's relative, according to section 260C.007, subdivision 26b or 27, with
5.28whom the child resided immediately prior to child welfare involvement unless:
5.29 (i) the child was in the custody of a Minnesota county or tribal agency pursuant to
5.30an order under chapter 260C or equivalent provisions of tribal code and the agency had
5.31placement and care responsibility for permanency planning for the child; and
5.32 (ii) the child is under guardianship of the commissioner of human services according
5.33to the requirements of section260C.325, subdivision 1 , paragraphs (a) and (b), or
5.34subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after
6.1termination of parental rights, suspension of parental rights, or a finding by the tribal court
6.2that the child cannot safely return to the care of the parent;
6.3(3) a child's legal custodian or guardian who is now adopting the child;
6.4(4) an individual adopting a child who is the subject of a direct adoptive placement
6.5under section259.47 or the equivalent in tribal code; or
6.6(5) an individual who is adopting a child who is not a citizen or resident of the
6.7United States and was either adopted in another country or brought to this country for
6.8the purposes of adoption.
6.9 Sec. 9. [260.753] PURPOSES.
6.10The purposes of this act are to (1) protect the long-term best interests, as defined by
6.11the tribes, of Indian children, their families as defined by law or custom, and the child's
6.12tribe; and (2) preserve the Indian family and tribal identity, including an understanding that
6.13Indian children suffer damage if family and child tribal identity and contact are denied.
6.14Indian children are the future of the tribes and are vital to their very existence.
6.15 Sec. 10. Minnesota Statutes 2012, section 260.755, is amended by adding a subdivision
6.16to read:
6.17 Subd. 1a. Active efforts. "Active efforts" means a rigorous and concerted level
6.18of case work that requires the local social services agency to request participation of the
6.19Indian child's tribe at the earliest time possible and actively solicit the tribe's participation
6.20throughout the case. Active efforts sets a higher standard than reasonable efforts to preserve
6.21and reunify the Indian family and prevent breakup of the Indian family. In applying active
6.22efforts, the local social services agency must use the prevailing social and cultural values,
6.23conditions, and way of life of an Indian child's tribe to preserve the Indian child's family,
6.24to prevent out-of-home placement of an Indian child, and, if placement occurs, to return an
6.25Indian child to the Indian child's family at the earliest time possible. Active efforts must be
6.26provided to the Indian child's family and to relatives of an Indian child, as defined in section
6.27260C.007, subdivision 26b, to place an Indian child within the placement preferences for
6.28Indian children as defined in United States Code, title 25, sections 1901 to 1963.
6.29 Sec. 11. Minnesota Statutes 2012, section 260.755, is amended by adding a subdivision
6.30to read:
6.31 Subd. 2a. Best interests of an Indian child. "Best interests of an Indian child"
6.32means compliance with the Indian Child Welfare Act and the Minnesota Indian Family
6.33Preservation Act to preserve and maintain an Indian child's family. The best interests of
7.1an Indian child support the child's sense of belonging to family, extended family, and
7.2tribe. The best interests of an Indian child are interwoven with the best interests of the
7.3Indian child's tribe.
7.4 Sec. 12. Minnesota Statutes 2012, section 260B.007, subdivision 12, is amended to read:
7.5 Subd. 12. Relative. "Relative" means a parent, stepparent, grandparent, brother,
7.6sister, uncle, or aunt of the minor. This relationship may be by blood or marriage. For an
7.7Indian child, relative includesmembers a person who is a member of the Indian child's
7.8extended family as definedby the law or custom of the Indian child's tribe or, in the
7.9absence of laws or custom, nieces, nephews, or first or second cousins, as provided in the
7.10Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.
7.11 Sec. 13. Minnesota Statutes 2012, section 260C.007, is amended by adding a
7.12subdivision to read:
7.13 Subd. 26b. Relative of an Indian child. "Relative of an Indian child" means a
7.14person who is a member of the Indian child's extended family as defined in the Indian
7.15Child Welfare Act of 1978, United States Code, title 25, section 1903.
7.16 Sec. 14. Minnesota Statutes 2012, section 260C.007, subdivision 27, is amended to read:
7.17 Subd. 27. Relative. "Relative" means a person related to the child by blood,
7.18marriage, or adoption, or an individual who is an important friend with whom the child
7.19has resided or had significant contact.For an Indian child, relative includes members of
7.20the extended family as defined by the law or custom of the Indian child's tribe or, in the
7.21absence of law or custom, nieces, nephews, or first or second cousins, as provided in the
7.22Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.
7.23 Sec. 15. Minnesota Statutes 2012, section 260C.168, is amended to read:
7.24260C.168 COMPLIANCE WITH INDIAN CHILD WELFARE ACT AND
7.25MINNESOTA INDIAN FAMILY PRESERVATION ACT.
7.26The provisions of this chapter must be construed consistently with the Indian
7.27Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, and the
7.28Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
7.29 Sec. 16. Minnesota Statutes 2012, section 260C.201, subdivision 5, is amended to read:
7.30 Subd. 5. Visitation. If the court orders the child into foster care, the court shall
7.31review and either modify or approve the agency's plan for supervised or unsupervised
8.1visitation that contributes to the objectives of the court-ordered case plan and the
8.2maintenance of the familial relationship, and that meets the requirements of section
8.3260C.212, subdivision 1
, paragraph (c), clause (5). No parent may be denied visitation
8.4unless the court finds at the disposition hearing that the visitation would endanger the
8.5child's physical or emotional well-being, is not in the child's best interests, or is not
8.6required under section260C.178, subdivision 3 , paragraph (c) or (d). The court shall
8.7review and either modify or approve the agency plan for visitation for any relatives as
8.8defined in section 260C.007, subdivision 26b or 27, and with siblings of the child, if
8.9visitation is consistent with the best interests of the child.
8.10 Sec. 17. Minnesota Statutes 2012, section 260C.212, subdivision 1, is amended to read:
8.11 Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan
8.12shall be prepared within 30 days after any child is placed in foster care by court order or a
8.13voluntary placement agreement between the responsible social services agency and the
8.14child's parent pursuant to section260C.227 or chapter 260D.
8.15 (b) An out-of-home placement plan means a written document which is prepared
8.16by the responsible social services agency jointly with the parent or parents or guardian
8.17of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
8.18child is an Indian child, the child's foster parent or representative of the foster care facility,
8.19and, where appropriate, the child. For a child in voluntary foster care for treatment under
8.20chapter 260D, preparation of the out-of-home placement plan shall additionally include
8.21the child's mental health treatment provider. As appropriate, the plan shall be:
8.22 (1) submitted to the court for approval under section260C.178 , subdivision 7;
8.23 (2) ordered by the court, either as presented or modified after hearing, under section
8.24260C.178
, subdivision 7, or
260C.201 , subdivision 6; and
8.25 (3) signed by the parent or parents or guardian of the child, the child's guardian ad
8.26litem, a representative of the child's tribe, the responsible social services agency, and, if
8.27possible, the child.
8.28 (c) The out-of-home placement plan shall be explained to all persons involved in its
8.29implementation, including the child who has signed the plan, and shall set forth:
8.30 (1) a description of the foster care home or facility selected, including how the
8.31out-of-home placement plan is designed to achieve a safe placement for the child in the
8.32least restrictive, most family-like, setting available which is in close proximity to the home
8.33of the parent or parents or guardian of the child when the case plan goal is reunification,
8.34and how the placement is consistent with the best interests and special needs of the child
8.35according to the factors under subdivision 2, paragraph (b);
9.1 (2) the specific reasons for the placement of the child in foster care, and when
9.2reunification is the plan, a description of the problems or conditions in the home of the
9.3parent or parents which necessitated removal of the child from home and the changes the
9.4parent or parents must make in order for the child to safely return home;
9.5 (3) a description of the services offered and provided to prevent removal of the child
9.6from the home and to reunify the family including:
9.7 (i) the specific actions to be taken by the parent or parents of the child to eliminate
9.8or correct the problems or conditions identified in clause (2), and the time period during
9.9which the actions are to be taken; and
9.10 (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
9.11to achieve a safe and stable home for the child including social and other supportive
9.12services to be provided or offered to the parent or parents or guardian of the child, the
9.13child, and the residential facility during the period the child is in the residential facility;
9.14 (4) a description of any services or resources that were requested by the child or the
9.15child's parent, guardian, foster parent, or custodian since the date of the child's placement
9.16in the residential facility, and whether those services or resources were provided and if
9.17not, the basis for the denial of the services or resources;
9.18 (5) the visitation plan for the parent or parents or guardian, other relatives as defined
9.19in section260C.007 , subdivision 26b or 27, and siblings of the child if the siblings are not
9.20placed together in foster care, and whether visitation is consistent with the best interest
9.21of the child, during the period the child is in foster care;
9.22 (6) documentation of steps to finalize the adoption or legal guardianship of the child
9.23if the court has issued an order terminating the rights of both parents of the child or of the
9.24only known, living parent of the child. At a minimum, the documentation must include
9.25child-specific recruitment efforts such as relative search and the use of state, regional, and
9.26national adoption exchanges to facilitate orderly and timely placements in and outside
9.27of the state. A copy of this documentation shall be provided to the court in the review
9.28required under section260C.317 , subdivision 3, paragraph (b);
9.29 (7) efforts to ensure the child's educational stability while in foster care, including:
9.30(i) efforts to ensure that the child remains in the same school in which the child was
9.31enrolled prior to placement or upon the child's move from one placement to another,
9.32including efforts to work with the local education authorities to ensure the child's
9.33educational stability; or
9.34(ii) if it is not in the child's best interest to remain in the same school that the child
9.35was enrolled in prior to placement or move from one placement to another, efforts to
9.36ensure immediate and appropriate enrollment for the child in a new school;
10.1(8) the educational records of the child including the most recent information
10.2available regarding:
10.3 (i) the names and addresses of the child's educational providers;
10.4 (ii) the child's grade level performance;
10.5 (iii) the child's school record;
10.6 (iv) a statement about how the child's placement in foster care takes into account
10.7proximity to the school in which the child is enrolled at the time of placement; and
10.8(v) any other relevant educational information;
10.9 (9) the efforts by the local agency to ensure the oversight and continuity of health
10.10care services for the foster child, including:
10.11(i) the plan to schedule the child's initial health screens;
10.12(ii) how the child's known medical problems and identified needs from the screens,
10.13including any known communicable diseases, as defined in section144.4172 , subdivision
10.142, will be monitored and treated while the child is in foster care;
10.15(iii) how the child's medical information will be updated and shared, including
10.16the child's immunizations;
10.17(iv) who is responsible to coordinate and respond to the child's health care needs,
10.18including the role of the parent, the agency, and the foster parent;
10.19(v) who is responsible for oversight of the child's prescription medications;
10.20(vi) how physicians or other appropriate medical and nonmedical professionals
10.21will be consulted and involved in assessing the health and well-being of the child and
10.22determine the appropriate medical treatment for the child; and
10.23(vii) the responsibility to ensure that the child has access to medical care through
10.24either medical insurance or medical assistance;
10.25(10) the health records of the child including information available regarding:
10.26(i) the names and addresses of the child's health care and dental care providers;
10.27(ii) a record of the child's immunizations;
10.28(iii) the child's known medical problems, including any known communicable
10.29diseases as defined in section144.4172 , subdivision 2;
10.30(iv) the child's medications; and
10.31(v) any other relevant health care information such as the child's eligibility for
10.32medical insurance or medical assistance;
10.33(11) an independent living plan for a child age 16 or older. The plan should include,
10.34but not be limited to, the following objectives:
10.35 (i) educational, vocational, or employment planning;
10.36 (ii) health care planning and medical coverage;
11.1 (iii) transportation including, where appropriate, assisting the child in obtaining a
11.2driver's license;
11.3 (iv) money management, including the responsibility of the agency to ensure that
11.4the youth annually receives, at no cost to the youth, a consumer report as defined under
11.5section13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
11.6 (v) planning for housing;
11.7 (vi) social and recreational skills; and
11.8 (vii) establishing and maintaining connections with the child's family and
11.9community; and
11.10 (12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
11.11and assessment information, specific services relating to meeting the mental health care
11.12needs of the child, and treatment outcomes.
11.13 (d) The parent or parents or guardian and the child each shall have the right to legal
11.14counsel in the preparation of the case plan and shall be informed of the right at the time
11.15of placement of the child. The child shall also have the right to a guardian ad litem.
11.16If unable to employ counsel from their own resources, the court shall appoint counsel
11.17upon the request of the parent or parents or the child or the child's legal guardian. The
11.18parent or parents may also receive assistance from any person or social services agency
11.19in preparation of the case plan.
11.20 After the plan has been agreed upon by the parties involved or approved or ordered
11.21by the court, the foster parents shall be fully informed of the provisions of the case plan
11.22and shall be provided a copy of the plan.
11.23 Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
11.24physical custodian, as appropriate, and the child, if appropriate, must be provided with
11.25a current copy of the child's health and education record.
1.3making conforming changes;amending Minnesota Statutes 2012, sections
1.4245A.035, subdivisions 1, 5; 245C.22, subdivision 7; 257.85, subdivision
1.53; 259A.01, subdivision 25; 259A.10, subdivision 6; 260.755, by adding
1.6subdivisions; 260B.007, subdivision 12; 260C.007, subdivision 27, by adding
1.7a subdivision; 260C.168; 260C.201, subdivision 5; 260C.212, subdivision
1.81; Minnesota Statutes 2013 Supplement, sections 256N.02, subdivision 18;
1.9256N.23, subdivision 6; proposing coding for new law in Minnesota Statutes,
1.10chapter 260.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 245A.035, subdivision 1, is amended to
1.13read:
1.14 Subdivision 1. Emergency placement. Notwithstanding section
1.15subdivision 2a
1.16relative who is not licensed to provide foster care, provided the requirements of this
1.17section are met. As used in this section, the term "relative" has the meaning given it under
1.18section 260C.007, subdivision 26b or 27.
1.19 Sec. 2. Minnesota Statutes 2012, section 245A.035, subdivision 5, is amended to read:
1.20 Subd. 5. Child foster care license application. (a) The relatives with whom the
1.21emergency placement has been made shall complete the child foster care license application
1.22and necessary paperwork within ten days of the placement. The county agency shall assist
1.23the applicant to complete the application. The granting of a child foster care license to a
1.24relative shall be under the procedures in this chapter and according to the standards in
1.25Minnesota Rules, chapter 2960. In licensing a relative, the commissioner shall consider
1.26the importance of maintaining the child's relationship with relatives as an additional
2.1significant factor in determining whether a background study disqualification should be
2.2set aside under section
2.3 (b) When the county or private child-placing agency is processing an application
2.4for child foster care licensure of a relative as defined in section
2.512
2.6explain the licensing process to the prospective licensee, including the background study
2.7process and the procedure for reconsideration of an initial disqualification for licensure.
2.8The county or private child-placing agency must also provide the prospective relative
2.9licensee with information regarding appropriate options for legal representation in the
2.10pertinent geographic area. If a relative is initially disqualified under section
2.11commissioner must provide written notice of the reasons for the disqualification and the
2.12right to request a reconsideration by the commissioner as required under section
2.13 (c) The commissioner shall maintain licensing data so that activities related to
2.14applications and licensing actions for relative foster care providers may be distinguished
2.15from other child foster care settings.
2.16 Sec. 3. Minnesota Statutes 2012, section 245C.22, subdivision 7, is amended to read:
2.17 Subd. 7. Classification of certain data. (a) Notwithstanding section
2.18setting aside a disqualification under this section, the identity of the disqualified individual
2.19who received the set-aside and the individual's disqualifying characteristics are public
2.20data if the set-aside was:
2.21(1) for any disqualifying characteristic under section
2.22relates to a child care center or a family child care provider licensed under chapter 245A; or
2.23(2) for a disqualifying characteristic under section
2.24(b) Notwithstanding section
2.25under section
2.26the variance, the individual's disqualifying characteristics under section
2.27terms of the variance are public data, when the variance:
2.28(1) is issued to a child care center or a family child care provider licensed under
2.29chapter 245A; or
2.30(2) relates to an individual with a disqualifying characteristic under section
2.31subdivision 2
2.32(c) The identity of a disqualified individual and the reason for disqualification
2.33remain private data when:
2.34(1) a disqualification is not set aside and no variance is granted, except as provided
2.35under section
3.1(2) the data are not public under paragraph (a) or (b);
3.2(3) the disqualification is rescinded because the information relied upon to disqualify
3.3the individual is incorrect;
3.4(4) the disqualification relates to a license to provide relative child foster care.
3.5As used in this clause, "relative" has the meaning given it under section 260C.007,
3.6subdivision 26b or 27; or
3.7(5) the disqualified individual is a household member of a licensed foster care
3.8provider and:
3.9(i) the disqualified individual previously received foster care services from this
3.10licensed foster care provider;
3.11(ii) the disqualified individual was subsequently adopted by this licensed foster
3.12care provider; and
3.13(iii) the disqualifying act occurred before the adoption.
3.14(d) Licensed family child care providers and child care centers must provide notices
3.15as required under section
3.16(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
3.17are the subject of a disqualification related set-aside or variance is not public data if:
3.18(1) the household member resides in the residence where the family child care is
3.19provided;
3.20(2) the subject of the set-aside or variance is under the age of 18 years; and
3.21(3) the set-aside or variance only relates to a disqualification under section
3.22subdivision 4, for a misdemeanor-level theft crime as defined in section
3.23 Sec. 4. Minnesota Statutes 2013 Supplement, section 256N.02, subdivision 18, is
3.24amended to read:
3.25 Subd. 18. Relative. "Relative," as described in section
3.26means a person related to the child by blood, marriage, or adoption, or an individual
3.27who is an important friend with whom the child has resided or had significant contact.
3.28For an Indian child, relative, as described in section 260C.007, subdivision 26b, includes
3.29
3.30
3.31
3.32United States Code, title 25, section 1903.
3.33 Sec. 5. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 6, is
3.34amended to read:
4.1 Subd. 6. Exclusions. The commissioner must not enter into an adoption assistance
4.2agreement with the following individuals:
4.3(1) a child's biological parent or stepparent;
4.4(2) a child's relative under section 260C.007, subdivision 26b or 27, with whom the
4.5child resided immediately prior to child welfare involvement unless:
4.6(i) the child was in the custody of a Minnesota county or tribal agency pursuant to
4.7an order under chapter 260C or equivalent provisions of tribal code and the agency had
4.8placement and care responsibility for permanency planning for the child; and
4.9(ii) the child is under guardianship of the commissioner of human services according
4.10to the requirements of section
4.11tribal court after termination of parental rights, suspension of parental rights, or a finding
4.12by the tribal court that the child cannot safely return to the care of the parent;
4.13(3) an individual adopting a child who is the subject of a direct adoptive placement
4.14under section
4.15(4) a child's legal custodian or guardian who is now adopting the child; or
4.16(5) an individual who is adopting a child who is not a citizen or resident of the
4.17United States and was either adopted in another country or brought to the United States
4.18for the purposes of adoption.
4.19 Sec. 6. Minnesota Statutes 2012, section 257.85, subdivision 3, is amended to read:
4.20 Subd. 3. Definitions. For purposes of this section, the terms defined in this
4.21subdivision have the meanings given them.
4.22(a) "MFIP standard" means the transitional standard used to calculate assistance
4.23under the MFIP program, or, if permanent legal and physical custody of the child is given
4.24to a relative custodian residing outside of Minnesota, the analogous transitional standard
4.25or standard of need used to calculate assistance under the TANF program of the state
4.26where the relative custodian lives.
4.27(b) "Local agency" means the county social services agency or tribal social services
4.28agency with legal custody of a child prior to the transfer of permanent legal and physical
4.29custody.
4.30(c) "Permanent legal and physical custody" means permanent legal and physical
4.31custody ordered by a Minnesota Juvenile Court under section 260C.515, subdivision 4.
4.32(d) "Relative" has the meaning given in section 260C.007, subdivision 26b or 27.
4.33(e) "Relative custodian" means a person who has permanent legal and physical
4.34custody of a child. When siblings, including half-siblings and stepsiblings, are placed
4.35together in permanent legal and physical custody, the person receiving permanent legal
5.1and physical custody of the siblings is considered a relative custodian of all of the siblings
5.2for purposes of this section.
5.3(f) "Relative custody assistance agreement" means an agreement entered into
5.4between a local agency and a person who has been or will be awarded permanent legal
5.5and physical custody of a child.
5.6(g) "Relative custody assistance payment" means a monthly cash grant made to a
5.7relative custodian pursuant to a relative custody assistance agreement and in an amount
5.8calculated under subdivision 7.
5.9(h) "Remains in the physical custody of the relative custodian" means that the
5.10relative custodian is providing day-to-day care for the child and that the child lives with
5.11the relative custodian; absence from the relative custodian's home for a period of more
5.12than 120 days raises a presumption that the child no longer remains in the physical
5.13custody of the relative custodian.
5.14 Sec. 7. Minnesota Statutes 2012, section 259A.01, subdivision 25, is amended to read:
5.15 Subd. 25. Relative. "Relative" means a person related to the child by blood,
5.16marriage, or adoption, or an individual who is an important friend with whom the child has
5.17resided or had significant contact. For an Indian child, relative includes
5.18who is a member of the Indian child's extended family as defined
5.19
5.20
5.21
5.22
5.23 Sec. 8. Minnesota Statutes 2012, section 259A.10, subdivision 6, is amended to read:
5.24 Subd. 6. Exclusions. The commissioner shall not enter into an adoption assistance
5.25agreement with:
5.26(1) a child's biological parent or stepparent;
5.27(2) a child's relative, according to section 260C.007, subdivision 26b or 27, with
5.28whom the child resided immediately prior to child welfare involvement unless:
5.29 (i) the child was in the custody of a Minnesota county or tribal agency pursuant to
5.30an order under chapter 260C or equivalent provisions of tribal code and the agency had
5.31placement and care responsibility for permanency planning for the child; and
5.32 (ii) the child is under guardianship of the commissioner of human services according
5.33to the requirements of section
5.34subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after
6.1termination of parental rights, suspension of parental rights, or a finding by the tribal court
6.2that the child cannot safely return to the care of the parent;
6.3(3) a child's legal custodian or guardian who is now adopting the child;
6.4(4) an individual adopting a child who is the subject of a direct adoptive placement
6.5under section
6.6(5) an individual who is adopting a child who is not a citizen or resident of the
6.7United States and was either adopted in another country or brought to this country for
6.8the purposes of adoption.
6.9 Sec. 9. [260.753] PURPOSES.
6.10The purposes of this act are to (1) protect the long-term best interests, as defined by
6.11the tribes, of Indian children, their families as defined by law or custom, and the child's
6.12tribe; and (2) preserve the Indian family and tribal identity, including an understanding that
6.13Indian children suffer damage if family and child tribal identity and contact are denied.
6.14Indian children are the future of the tribes and are vital to their very existence.
6.15 Sec. 10. Minnesota Statutes 2012, section 260.755, is amended by adding a subdivision
6.16to read:
6.17 Subd. 1a. Active efforts. "Active efforts" means a rigorous and concerted level
6.18of case work that requires the local social services agency to request participation of the
6.19Indian child's tribe at the earliest time possible and actively solicit the tribe's participation
6.20throughout the case. Active efforts sets a higher standard than reasonable efforts to preserve
6.21and reunify the Indian family and prevent breakup of the Indian family. In applying active
6.22efforts, the local social services agency must use the prevailing social and cultural values,
6.23conditions, and way of life of an Indian child's tribe to preserve the Indian child's family,
6.24to prevent out-of-home placement of an Indian child, and, if placement occurs, to return an
6.25Indian child to the Indian child's family at the earliest time possible. Active efforts must be
6.26provided to the Indian child's family and to relatives of an Indian child, as defined in section
6.27260C.007, subdivision 26b, to place an Indian child within the placement preferences for
6.28Indian children as defined in United States Code, title 25, sections 1901 to 1963.
6.29 Sec. 11. Minnesota Statutes 2012, section 260.755, is amended by adding a subdivision
6.30to read:
6.31 Subd. 2a. Best interests of an Indian child. "Best interests of an Indian child"
6.32means compliance with the Indian Child Welfare Act and the Minnesota Indian Family
6.33Preservation Act to preserve and maintain an Indian child's family. The best interests of
7.1an Indian child support the child's sense of belonging to family, extended family, and
7.2tribe. The best interests of an Indian child are interwoven with the best interests of the
7.3Indian child's tribe.
7.4 Sec. 12. Minnesota Statutes 2012, section 260B.007, subdivision 12, is amended to read:
7.5 Subd. 12. Relative. "Relative" means a parent, stepparent, grandparent, brother,
7.6sister, uncle, or aunt of the minor. This relationship may be by blood or marriage. For an
7.7Indian child, relative includes
7.8extended family as defined
7.9
7.10Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.
7.11 Sec. 13. Minnesota Statutes 2012, section 260C.007, is amended by adding a
7.12subdivision to read:
7.13 Subd. 26b. Relative of an Indian child. "Relative of an Indian child" means a
7.14person who is a member of the Indian child's extended family as defined in the Indian
7.15Child Welfare Act of 1978, United States Code, title 25, section 1903.
7.16 Sec. 14. Minnesota Statutes 2012, section 260C.007, subdivision 27, is amended to read:
7.17 Subd. 27. Relative. "Relative" means a person related to the child by blood,
7.18marriage, or adoption, or an individual who is an important friend with whom the child
7.19has resided or had significant contact.
7.20
7.21
7.22
7.23 Sec. 15. Minnesota Statutes 2012, section 260C.168, is amended to read:
7.24260C.168 COMPLIANCE WITH INDIAN CHILD WELFARE ACT AND
7.25MINNESOTA INDIAN FAMILY PRESERVATION ACT.
7.26The provisions of this chapter must be construed consistently with the Indian
7.27Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, and the
7.28Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
7.29 Sec. 16. Minnesota Statutes 2012, section 260C.201, subdivision 5, is amended to read:
7.30 Subd. 5. Visitation. If the court orders the child into foster care, the court shall
7.31review and either modify or approve the agency's plan for supervised or unsupervised
8.1visitation that contributes to the objectives of the court-ordered case plan and the
8.2maintenance of the familial relationship, and that meets the requirements of section
8.4unless the court finds at the disposition hearing that the visitation would endanger the
8.5child's physical or emotional well-being, is not in the child's best interests, or is not
8.6required under section
8.7review and either modify or approve the agency plan for visitation for any relatives as
8.8defined in section 260C.007, subdivision 26b or 27, and with siblings of the child, if
8.9visitation is consistent with the best interests of the child.
8.10 Sec. 17. Minnesota Statutes 2012, section 260C.212, subdivision 1, is amended to read:
8.11 Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan
8.12shall be prepared within 30 days after any child is placed in foster care by court order or a
8.13voluntary placement agreement between the responsible social services agency and the
8.14child's parent pursuant to section
8.15 (b) An out-of-home placement plan means a written document which is prepared
8.16by the responsible social services agency jointly with the parent or parents or guardian
8.17of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
8.18child is an Indian child, the child's foster parent or representative of the foster care facility,
8.19and, where appropriate, the child. For a child in voluntary foster care for treatment under
8.20chapter 260D, preparation of the out-of-home placement plan shall additionally include
8.21the child's mental health treatment provider. As appropriate, the plan shall be:
8.22 (1) submitted to the court for approval under section
8.23 (2) ordered by the court, either as presented or modified after hearing, under section
8.25 (3) signed by the parent or parents or guardian of the child, the child's guardian ad
8.26litem, a representative of the child's tribe, the responsible social services agency, and, if
8.27possible, the child.
8.28 (c) The out-of-home placement plan shall be explained to all persons involved in its
8.29implementation, including the child who has signed the plan, and shall set forth:
8.30 (1) a description of the foster care home or facility selected, including how the
8.31out-of-home placement plan is designed to achieve a safe placement for the child in the
8.32least restrictive, most family-like, setting available which is in close proximity to the home
8.33of the parent or parents or guardian of the child when the case plan goal is reunification,
8.34and how the placement is consistent with the best interests and special needs of the child
8.35according to the factors under subdivision 2, paragraph (b);
9.1 (2) the specific reasons for the placement of the child in foster care, and when
9.2reunification is the plan, a description of the problems or conditions in the home of the
9.3parent or parents which necessitated removal of the child from home and the changes the
9.4parent or parents must make in order for the child to safely return home;
9.5 (3) a description of the services offered and provided to prevent removal of the child
9.6from the home and to reunify the family including:
9.7 (i) the specific actions to be taken by the parent or parents of the child to eliminate
9.8or correct the problems or conditions identified in clause (2), and the time period during
9.9which the actions are to be taken; and
9.10 (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
9.11to achieve a safe and stable home for the child including social and other supportive
9.12services to be provided or offered to the parent or parents or guardian of the child, the
9.13child, and the residential facility during the period the child is in the residential facility;
9.14 (4) a description of any services or resources that were requested by the child or the
9.15child's parent, guardian, foster parent, or custodian since the date of the child's placement
9.16in the residential facility, and whether those services or resources were provided and if
9.17not, the basis for the denial of the services or resources;
9.18 (5) the visitation plan for the parent or parents or guardian, other relatives as defined
9.19in section
9.20placed together in foster care, and whether visitation is consistent with the best interest
9.21of the child, during the period the child is in foster care;
9.22 (6) documentation of steps to finalize the adoption or legal guardianship of the child
9.23if the court has issued an order terminating the rights of both parents of the child or of the
9.24only known, living parent of the child. At a minimum, the documentation must include
9.25child-specific recruitment efforts such as relative search and the use of state, regional, and
9.26national adoption exchanges to facilitate orderly and timely placements in and outside
9.27of the state. A copy of this documentation shall be provided to the court in the review
9.28required under section
9.29 (7) efforts to ensure the child's educational stability while in foster care, including:
9.30(i) efforts to ensure that the child remains in the same school in which the child was
9.31enrolled prior to placement or upon the child's move from one placement to another,
9.32including efforts to work with the local education authorities to ensure the child's
9.33educational stability; or
9.34(ii) if it is not in the child's best interest to remain in the same school that the child
9.35was enrolled in prior to placement or move from one placement to another, efforts to
9.36ensure immediate and appropriate enrollment for the child in a new school;
10.1(8) the educational records of the child including the most recent information
10.2available regarding:
10.3 (i) the names and addresses of the child's educational providers;
10.4 (ii) the child's grade level performance;
10.5 (iii) the child's school record;
10.6 (iv) a statement about how the child's placement in foster care takes into account
10.7proximity to the school in which the child is enrolled at the time of placement; and
10.8(v) any other relevant educational information;
10.9 (9) the efforts by the local agency to ensure the oversight and continuity of health
10.10care services for the foster child, including:
10.11(i) the plan to schedule the child's initial health screens;
10.12(ii) how the child's known medical problems and identified needs from the screens,
10.13including any known communicable diseases, as defined in section
10.142, will be monitored and treated while the child is in foster care;
10.15(iii) how the child's medical information will be updated and shared, including
10.16the child's immunizations;
10.17(iv) who is responsible to coordinate and respond to the child's health care needs,
10.18including the role of the parent, the agency, and the foster parent;
10.19(v) who is responsible for oversight of the child's prescription medications;
10.20(vi) how physicians or other appropriate medical and nonmedical professionals
10.21will be consulted and involved in assessing the health and well-being of the child and
10.22determine the appropriate medical treatment for the child; and
10.23(vii) the responsibility to ensure that the child has access to medical care through
10.24either medical insurance or medical assistance;
10.25(10) the health records of the child including information available regarding:
10.26(i) the names and addresses of the child's health care and dental care providers;
10.27(ii) a record of the child's immunizations;
10.28(iii) the child's known medical problems, including any known communicable
10.29diseases as defined in section
10.30(iv) the child's medications; and
10.31(v) any other relevant health care information such as the child's eligibility for
10.32medical insurance or medical assistance;
10.33(11) an independent living plan for a child age 16 or older. The plan should include,
10.34but not be limited to, the following objectives:
10.35 (i) educational, vocational, or employment planning;
10.36 (ii) health care planning and medical coverage;
11.1 (iii) transportation including, where appropriate, assisting the child in obtaining a
11.2driver's license;
11.3 (iv) money management, including the responsibility of the agency to ensure that
11.4the youth annually receives, at no cost to the youth, a consumer report as defined under
11.5section
11.6 (v) planning for housing;
11.7 (vi) social and recreational skills; and
11.8 (vii) establishing and maintaining connections with the child's family and
11.9community; and
11.10 (12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
11.11and assessment information, specific services relating to meeting the mental health care
11.12needs of the child, and treatment outcomes.
11.13 (d) The parent or parents or guardian and the child each shall have the right to legal
11.14counsel in the preparation of the case plan and shall be informed of the right at the time
11.15of placement of the child. The child shall also have the right to a guardian ad litem.
11.16If unable to employ counsel from their own resources, the court shall appoint counsel
11.17upon the request of the parent or parents or the child or the child's legal guardian. The
11.18parent or parents may also receive assistance from any person or social services agency
11.19in preparation of the case plan.
11.20 After the plan has been agreed upon by the parties involved or approved or ordered
11.21by the court, the foster parents shall be fully informed of the provisions of the case plan
11.22and shall be provided a copy of the plan.
11.23 Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
11.24physical custodian, as appropriate, and the child, if appropriate, must be provided with
11.25a current copy of the child's health and education record.
