Key: (1) language to be deleted (2) new language
KEY:stricken= old language to be removed underscored = new language to be added CHAPTER 416-S.F.No. 1885 An act relating to human services; clarifying foster care payment and placement; clarifying adoption assistance; defining egregious harm in the juvenile code; amending the parental rights termination statute; amending Minnesota Statutes 1994, sections 256E.08, by adding a subdivision; 257.071, subdivision 1a, and by adding subdivisions; 257.072, subdivisions 1, 5, and 8; 257.0725; 259.29; 259.67, subdivisions 4 and 6; 259.77; 260.015, by adding a subdivision; and 260.181, subdivision 3; Minnesota Statutes 1995 Supplement, sections 256.045, subdivision 3; and 260.221, subdivision 1; Laws 1995, chapter 207, article 1, section 2, subdivision 4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1995 Supplement, section 256.045, subdivision 3, is amended to read: Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency hearings are available for the following: (1) any person applying for, receiving or having received public assistance or a program of social services granted by the state agency or a county agency under sections 252.32, 256.031 to 256.036, and 256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the federal Food Stamp Act whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid; (2) any patient or relative aggrieved by an order of the commissioner under section 252.27; (3) a party aggrieved by a ruling of a prepaid health plan;or(4) any individual or facility determined by a lead agency to have maltreated a vulnerable adult under section 626.557 after they have exercised their right to administrative reconsideration under section 626.557; (5) any person whose claim for foster care payment pursuant to a placement of the child resulting from a child protection assessment under section 626.556 is denied or not acted upon with reasonable promptness, regardless of funding source; or (6) any person to whom a right of appeal pursuant to this section is given by other provision of law. Individuals and organizations specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause why the request was not submitted within the 30-day time limit. The hearing for an individual or facility under clause (4) is the only administrative appeal to the final lead agency disposition specifically, including a challenge to the accuracy and completeness of data under section 13.04. For purposes of this section, bargaining unit grievance procedures are not an administrative appeal. The scope of hearings involving claims to foster care payments under clause (5) shall be limited to the issue of whether the county is legally responsible for a child's placement under court order or voluntary placement agreement and, if so, the correct amount of foster care payment to be made on the child's behalf and shall not include review of the propriety of the county's child protection determination or child placement decision. (b) Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4. (c) An applicant or recipient is not entitled to receive social services beyond the services included in the amended community social services plan developed under section 256E.081, subdivision 3, if the county agency has met the requirements in section 256E.081. Sec. 2. Minnesota Statutes 1994, section 256E.08, is amended by adding a subdivision to read: Subd. 11. [USE OF COMMUNITY SOCIAL SERVICES FUNDS FOR FOSTER CARE.] If foster care services are described in a county's community social services plan, the county may use funds from its community social services fund to provide foster care benefits on behalf of children for whom the county has legal placement responsibility pursuant to court order or voluntary placement agreement. Sec. 3. Minnesota Statutes 1994, section 257.071, subdivision 1a, is amended to read: Subd. 1a. [PROTECTION OF HERITAGE OR BACKGROUND.] The authorized child-placing agency shall ensure that the child's best interests are met by giving due, not sole, consideration of the child's race or ethnic heritage in making a family foster care placement. The authorized child-placing agency shall place a child, released by court order or by voluntary release by the parent or parents, in a family foster home selected by following the preferences described in section 260.181, subdivision 3.In instances where a child from a family of color is placedin a family foster home of a different racial or ethnicbackground, the local social service agency shall review theplacement after 30 days and each 30 days thereafter for thefirst six months to determine if there is another availableplacement that would better satisfy the requirements of thissubdivision.When there is not a family foster home of the same race or ethnic heritage available that can meet the needs of the child, the agency must place the child in a home of a foster family that is of different racial or ethnic heritage that can meet the needs of the child. Placement of a child cannot be delayed or denied based solely on race. Sec. 4. Minnesota Statutes 1994, section 257.071, is amended by adding a subdivision to read: Subd. 9. [FAIR HEARING REVIEW.] Any person whose claim for foster care payment pursuant to the placement of a child resulting from a child protection assessment under section 626.556 is denied or not acted upon with reasonable promptness may appeal the decision under section 256.045, subdivision 3. The application and fair hearing procedures set forth in the administration of community social services rule, Minnesota Rules, parts 9550.0070 to 9550.0092, do not apply to foster care payment issues appealable under this subdivision. Sec. 5. Minnesota Statutes 1994, section 257.071, is amended by adding a subdivision to read: Subd. 10. [RULES; FOSTER CARE FAIR HEARINGS.] The commissioner shall review and, where necessary, revise foster care rules to ensure that the rules provide adequate guidance for implementation of foster care fair hearings, pursuant to section 256.045, subdivision 3, clause (5), that comply with all applicable federal requirements and the requirements of section 256.045. Sec. 6. Minnesota Statutes 1994, section 257.072, subdivision 1, is amended to read: Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each authorized child-placing agency shall make special efforts to recruit a foster family from among the child's relatives, except as authorized in section 260.181, subdivision 3, and amongfamilies of the same racial or ethnic heritage. Each agency shall provide for diligent recruitment of potential foster families that reflect the ethnic and racial diversity of the children in the state for whom foster homes are needed. Special efforts include contacting and working with community organizations and religious organizations and may include contracting with these organizations, utilizing local media and other local resources, conducting outreach activities, and increasing the number of minority recruitment staff employed by the agency. The requirement of special efforts to locate relatives in this section is satisfied if the responsible child-placing agency has made appropriate efforts for six months following the child's placement in a residential facility and the court approves the agency's efforts pursuant to section 260.191, subdivision 3a. The agency may accept any gifts, grants, offers of services, and other contributions to use in making special recruitment efforts. Sec. 7. Minnesota Statutes 1994, section 257.072, subdivision 5, is amended to read: Subd. 5. [MINORITY PLACEMENTS.] Beginning December 1,19891996, the commissioner shall provide to the Indian affairs council, the council on affairs of Spanish-speaking people, the council on Black Minnesotans, and the council on Asian-Pacific Minnesotans thesemiannual reportsannual report required under section 257.0725. Sec. 8. Minnesota Statutes 1994, section 257.072, subdivision 8, is amended to read: Subd. 8. [REPORTING REQUIREMENTS.] Each authorized child-placing agency shall provide to the commissioner of human services all data needed by the commissioner for the report required by section 257.0725. The agency shall provide the data within6015 days of the end of thesix-monthperiod for which the data is applicable. Sec. 9. Minnesota Statutes 1994, section 257.0725, is amended to read: 257.0725 [SEMIANNUALANNUAL REPORT.] The commissioner of human services shall publishasemiannualan annual report on children in out-of-home placement. The report shall include, by county and statewide, information on legal status, living arrangement, age, sex, race, accumulated length of time in placement, reason for most recent placement, race of family with whom placed,number of families from thechild's own culture in the placement pool during the period forwhich data is provided,and otherdemographicinformation deemed appropriate on all children in out-of-home placement.Thecommissioner shall provide the required data for children whoentered placement during the previous quarter and for childrenwho are in placement at the end of the quarter.Out-of-home placement includes placement in any facility by an authorized child-placing agency.By December 1, 1989, and by December 1 ofeach successive year, the commissioner shall publish a reportcovering the first six months of the calendar year. By June 1,1990, and by June 1 of each successive year, the commissionershall publish a report covering the last six months of thecalendar year.Sec. 10. Minnesota Statutes 1994, section 259.29, is amended to read: 259.29 [PROTECTION OF HERITAGE OR BACKGROUND.] The policy of the state of Minnesota is to ensure that the best interests of the child are met by requiring due, not sole, consideration of the child's race or ethnic heritage in adoption placements. For purposes of intercountry adoptions, due consideration is deemed to have occurred if the appropriate authority in the child's country of birth has approved the placement of the child. The authorized child-placing agency shall give preference, in the absence of good cause to the contrary, to placing the child with (a) a relative or relatives of the child, or, if that would be detrimental to the child or a relative is not available, (b) an important friend with whom the child has resided or had significant contact, or if that is not possible, (c) a family with the same racial or ethnic heritage as the child, or, if that is not feasible,(c)(d) a family of different racial or ethnic heritage from the child which is knowledgeable and appreciative of the child's racial or ethnic heritage. In implementing the order of preference, an authorized child-placing agency may disclose private or confidential data, as defined in section 13.02, to relatives of the child for the purpose of locating a suitable adoptive home. The agency shall disclose only data that is necessary to facilitate implementing the preference. If the child's birth parent or parents explicitly request that the preference described in clause (a)or clauses (a)and, (b), or (c) not be followed, the authorized child-placing agency shall honor that request consistent with the best interests of the child. If the child's birth parent or parents express a preference for placing the child in an adoptive home of the same or a similar religious background to that of the birth parent or parents, in following the preferences in clause (a)or, (b), or (c), the agency shall place the child with a family that also meets the birth parent's religious preference. Only if no family is available that is described in clause (a)or, (b), or (c) may the agency give preference to a family described in clause(c)(d) that meets the parent's religious preference. Sec. 11. Minnesota Statutes 1994, section 259.67, subdivision 4, is amended to read: Subd. 4. [ELIGIBILITY CONDITIONS.] (a) The placing agency shall determine the child's eligibility for adoption assistance under title IV-E of the Social Security Act. If the child does not qualify, the placing agency shall certify a child as eligible for state funded adoption assistance only if the following criteria are met:(a)(1) Due to the child's characteristics or circumstances it would be difficult to provide the childandan adoptive home without adoption assistance.(b)(1)(2)(i) A placement agency has made reasonable efforts to place the child for adoption withoutsubsidyadoption assistance, but has been unsuccessful; or(2)(ii) the child's licensed foster parents desire to adopt the child and it is determined by the placing agency that the adoption is in the best interest of the child.(c)(3) The child has been a ward of the commissioner or a Minnesota-licensed child-placing agency. (b) For purposes of this subdivision, the characteristics or circumstances that may be considered in determining whether a child is a child with special needs under United States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of paragraph (a), clause (1), are the following: (1) The child is a member of a sibling group to be placed as one unit in which at least one sibling is older than 15 months of age or is described in clause (2) or (3). (2) The child has documented physical, mental, emotional, or behavioral disabilities. (3) The child has a high risk of developing physical, mental, emotional, or behavioral disabilities. (c) When a child's eligibility for adoption assistance is based upon the high risk of developing physical, mental, emotional, or behavioral disabilities, payments shall not be made under the adoption assistance agreement unless and until the potential disability manifests itself as documented by an appropriate health care professional. Sec. 12. Minnesota Statutes 1994, section 259.67, subdivision 6, is amended to read: Subd. 6. [RIGHT OF APPEAL.] (a) The adoptive parents have the right to appeal to the commissioner pursuant to section 256.045, when the commissioner denies, discontinues, or modifies the agreement. (b) Adoptive parents who believe that their adopted child was incorrectly denied adoption assistance, or who did not seek adoption assistance on the child's behalf because of being provided with inaccurate or insufficient information about the child or the adoption assistance program, may request a hearing under section 256.045. Notwithstanding subdivision 2, the purpose of the hearing shall be to determine whether, under standards established by the federal Department of Health and Human Services, the circumstances surrounding the child's adoption warrant making an adoption assistance agreement on behalf of the child after the final decree of adoption has been issued. The commissioner shall enter into an adoption assistance agreement on the child's behalf if it is determined that the child was eligible for adoption assistance under United States Code, title 42, chapter 7, subchapter IV, part E, sections 670 to 679a, at the time of the adoption and at the time the request for a hearing was submitted but, because of extenuating circumstances, did not receive adoption assistance. An adoption assistance agreement made under this paragraph shall be effective the date the request for a hearing was received by the commissioner or the local agency. Sec. 13. Minnesota Statutes 1994, section 259.77, is amended to read: 259.77 [FAMILY RECRUITMENT.] Each authorized child-placing agency shall make special efforts to recruit an adoptive family from among the child's relatives, except as authorized in section 259.57, subdivision 2, and among families of the same racial or ethnicheritage. Each agency shall provide for the diligent recruitment of potential adoptive families that reflect the ethnic and racial diversity of children in the state for whom adoptive homes are needed. Special efforts include contacting and working with community organizations and religious organizations and may include contracting with these organizations, utilizing local media and other local resources, and conducting outreach activities. The requirement of special efforts to locate relatives in this section is satisfied if the efforts have continued for six months after the child becomes available for adoption or if special efforts have been satisfied and approved by the court pursuant to section 260.191, subdivision 3a. The agency may accept any gifts, grants, offers of services, and other contributions to use in making special recruitment efforts. Sec. 14. Minnesota Statutes 1994, section 260.015, is amended by adding a subdivision to read: Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the infliction of bodily harm to a child or neglect of a child which demonstrates a grossly inadequate ability to provide minimally adequate parental care. The egregious harm need not have occurred in the state or in the county where a termination of parental rights action is otherwise properly venued. Egregious harm includes, but is not limited to: (1) conduct towards a child that constitutes a violation of section 609.185 to 609.21, or any other similar law of the United States or any other state; (2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02, subdivision 8; (3) conduct towards a child that constitutes felony malicious punishment of a child under section 609.377; (4) conduct towards a child that constitutes felony unreasonable restraint of a child under section 609.255, subdivision 3; (5) conduct towards a child that constitutes felony neglect or endangerment of a child under section 609.378; (6) conduct towards a child that constitutes assault under sections 609.221, 609.222, or 609.223; (7) conduct towards a child that constitutes solicitation, inducement or promotion of prostitution under section 609.322; or (8) conduct towards a child that constitutes receiving profit derived from prostitution under section 609.323. Sec. 15. Minnesota Statutes 1994, section 260.181, subdivision 3, is amended to read: Subd. 3. [PROTECTION OF HERITAGE OR BACKGROUND.] The policy of the state is to ensure that the best interests of children are met by requiring due, not sole, consideration of the child's race or ethnic heritage in foster care placements. The court, in transferring legal custody of any child or appointing a guardian for the child under the laws relating to juvenile courts, shall place the child, in the following order of preference, in the absence of good cause to the contrary, in the legal custody or guardianship of an individual who (a) isthe child's relativerelated to the child by blood, marriage, or adoption, or if that would be detrimental to the child or a relative is not available, who (b) is an important friend with whom the child has resided or had significant contact, or if that is not possible, who (c) is of the same racial or ethnic heritage as the child, or if that is not possible, who(c)(d) is knowledgeable and appreciative of the child's racial or ethnic heritage.The court may require the county welfareagency to continue efforts to find a guardian of the child'sracial or ethnic heritage when such a guardian is notimmediately available. For purposes of this subdivision,"relative" includes members of a child's extended family andimportant friends with whom the child has resided or hadsignificant contact.If the child's birth parent or parents explicitly request that the preference described in clause (a)or in clauses (a)and, (b), or (c) not be followed, the court shall honor that request if it is consistent with the best interests of the child. If the child's birth parent or parents express a preference for placing the child in a foster or adoptive home of the same or a similar religious background to that of the birth parent or parents, in following the preferences in clause (a)or, (b), or (c), the court shall order placement of the child with an individual who meets the birth parent's religious preference. Only if no individual is available who is described in clause (a)or, (b), or (c) may the court give preference to an individual described in clause(c)(d) who meets the parent's religious preference. Sec. 16. Minnesota Statutes 1995 Supplement, section 260.221, subdivision 1, is amended to read: Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile court may upon petition, terminate all rights of a parent to a child in the following cases: (a) With the written consent of a parent who for good cause desires to terminate parental rights; or (b) If it finds that one or more of the following conditions exist: (1) That the parent has abandoned the child. Abandonment is presumed when: (i) the parent has had no contact with the child on a regular basis and no demonstrated, consistent interest in the child's well-being for six months; and (ii) the social service agency has made reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial or physical hardship or treatment for mental disability or chemical dependency or other good cause prevented the parent from making contact with the child. This presumption does not apply to children whose custody has been determined under chapter 257 or 518. The court is not prohibited from finding abandonment in the absence of this presumption; or (2) That the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and reasonable efforts by the social service agency have failed to correct the conditions that formed the basis of the petition; or (3) That a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth; or (4) That a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that: (i) the child was adjudicated in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); and (ii) within the three-year period immediately prior to that adjudication, the parent's parental rights to one or more other children were involuntarily terminated under clause (1), (2), (4), or (7), or under clause (5) if the child was initially determined to be in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); or (5) That following upon a determination of neglect or dependency, or of a child's need for protection or services, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the determination. It is presumed that reasonable efforts under this clause have failed upon a showing that: (i) a child has resided out of the parental home under court order for more than one year following an adjudication of dependency, neglect, need for protection or services under section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or neglected and in foster care, and an order for disposition under section 260.191, including adoption of the case plan required by section 257.071; (ii) conditions leading to the determination will not be corrected within the reasonably foreseeable future. It is presumed that conditions leading to a child's out-of-home placement will not be corrected in the reasonably foreseeable future upon a showing that the parent or parents have not substantially complied with the court's orders and a reasonable case plan, and the conditions which led to the out-of-home placement have not been corrected; and (iii) reasonable efforts have been made by the social service agency to rehabilitate the parent and reunite the family. This clause does not prohibit the termination of parental rights prior to one year after a child has been placed out of the home. It is also presumed that reasonable efforts have failed under this clause upon a showing that: (i) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis; (ii) the parent has been required by a case plan to participate in a chemical dependency treatment program; (iii) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate; (iv) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and (v) the parent continues to abuse chemicals. Provided, that this presumption applies only to parents required by a case plan to participate in a chemical dependency treatment program on or after July 1, 1990; or (6) Thatthe parent has been convicted of causing the deathof another of the parent's childrena child has experienced egregious harm in the parent's care which is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care; or (7) That in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and either the person has not filed a notice of intent to retain parental rights under section 259.51 or that the notice has been successfully challenged; or (8) That the child is neglected and in foster care. In an action involving an American Indian child, sections 257.35 to 257.3579 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws. Sec. 17. Laws 1995, chapter 207, article 1, section 2, subdivision 4, is amended to read: Subd. 4. Children's Program 19,860,000 21,453,000 The amounts that may be spent from this appropriation for each purpose are as follows: (a) Children's Trust Fund Grants 247,000 247,000 (b) Families With Children Services Grants and Administration 1,718,000 1,710,000 (c) Family Service Collaborative Grants 1,000,000 1,500,000 (d) Family Preservation, Family Support, and Child Protection Grants 8,573,000 8,573,000 (e) Subsidized Adoption Grants 5,587,000 6,688,000 (f) Other Families with Children Services Grants 2,735,000 2,735,000 [FAMILY SERVICES COLLABORATIVE.] Plans for the expenditure of funds for family services collaboratives must be approved by the children's cabinet according to criteria in Minnesota Statutes, section 121.8355. Money appropriated for these purposes may be expended in either year of the biennium. Money appropriated for family services collaboratives is also available for start-up funds under Minnesota Statutes, section 245.492, subdivision 19, for children's mental health collaboratives. [HOME CHOICE PROGRAM.] Of this appropriation, $75,000 each year must be used as a grant to the metropolitan council to support the housing and related counseling component of the home choice program.[FOSTER CARE.] Foster care, as definedin Minnesota Statutes, section 260.015,subdivision 7, is not a communitysocial service as defined in MinnesotaStatutes, section 256E.03, subdivision2, paragraph (a). This paragraph iseffective the day following finalenactment.[NEW CHANCE.] Of this appropriation, $100,000 each year is for a grant to the New Chance demonstration project that provides comprehensive services to young AFDC recipients who became pregnant as teenagers and dropped out of high school. The commissioner shall provide an annual report on the progress of the demonstration project, including specific data on participant outcomes in comparison to a control group that received no services. The commissioner shall also include recommendations on whether strategies or methods that have proven successful in the demonstration project should be incorporated into the STRIDE employment program for AFDC recipients. [HIPPY CARRY FORWARD.] $50,000 in unexpended money appropriated in fiscal year 1995 for the Home Instruction Program for Preschool Youngsters (HIPPY) in Laws 1994, chapter 636, article 1, section 11, does not cancel but is available for the same purposes for fiscal year 1996. [COMMUNITY COLLABORATIVE MATCHING GRANT.] Of the funds appropriated for family services collaboratives, $75,000 in fiscal year 1996 shall be used for the commissioner of human services to provide a matching grant for community collaborative projects for children and youth developed by a regional organization established under Minnesota Statutes, section 116N.08, to receive rural development challenge grants. The regional organization must include a broad cross-section of public and private sector community representatives to develop programs, services or facilities to address specific community needs of children and youth. The regional organization must also provide a two-to-one match of nonstate dollars for this grant. [INDIAN CHILD WELFARE GRANTS.] $100,000 is appropriated from the general fund to the commissioner of human services for the purposes of providing compliance grants to an Indian child welfare defense corporation, pursuant to Minnesota Statutes, section 257.3571, subdivision 2a, to be available until June 30, 1997. Sec. 18. [EFFECTIVE DATE.] Sections 1 to 17 are effective the day following final enactment. Presented to the governor March 30, 1996 Signed by the governor April 2, 1996, 12:44 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes