1.1                          A bill for an act 
  1.2             relating to human services; modifying foster care 
  1.3             payment and placement; clarifying adoption assistance; 
  1.4             amending Minnesota Statutes 1994, sections 256.82, by 
  1.5             adding subdivisions; 256E.08, by adding a subdivision; 
  1.6             257.071, subdivision 1a, and by adding subdivisions; 
  1.7             257.072, subdivisions 1, 5, and 8; 257.0725; 259.29; 
  1.8             259.67, subdivisions 4 and 6; 259.77; 260.015, by 
  1.9             adding a subdivision; 260.181, subdivision 3; and 
  1.10            260.221, by adding a subdivision; Minnesota Statutes 
  1.11            1995 Supplement, sections 256.045, subdivision 3; and 
  1.12            260.221, subdivision 1. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.15  256.045, subdivision 3, is amended to read: 
  1.16     Subd. 3.  [STATE AGENCY HEARINGS.] (a) State agency 
  1.17  hearings are available for the following:  (1) any person 
  1.18  applying for, receiving or having received public assistance or 
  1.19  a program of social services granted by the state agency or a 
  1.20  county agency under sections 252.32, 256.031 to 256.036, and 
  1.21  256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the 
  1.22  federal Food Stamp Act whose application for assistance is 
  1.23  denied, not acted upon with reasonable promptness, or whose 
  1.24  assistance is suspended, reduced, terminated, or claimed to have 
  1.25  been incorrectly paid; (2) any patient or relative aggrieved by 
  1.26  an order of the commissioner under section 252.27; (3) a party 
  1.27  aggrieved by a ruling of a prepaid health plan; ~~or~~ (4) any 
  1.28  individual or facility determined by a lead agency to have 
  1.29  maltreated a vulnerable adult under section 626.557 after they 
  2.1   have exercised their right to administrative reconsideration 
  2.2   under section 626.557; (5) any person whose claim for foster 
  2.3   care payment pursuant to a placement of the child resulting from 
  2.4   a child protection assessment under section 626.556 is denied or 
  2.5   not acted upon with reasonable promptness, regardless of funding 
  2.6   source; or (6) any person to whom a right of appeal pursuant to 
  2.7   this section is given by other provision of law.  Individuals 
  2.8   and organizations specified in this section may contest the 
  2.9   specified action, decision, or final disposition before the 
  2.10  state agency by submitting a written request for a hearing to 
  2.11  the state agency within 30 days after receiving written notice 
  2.12  of the action, decision, or final disposition, or within 90 days 
  2.13  of such written notice if the applicant, recipient, patient, or 
  2.14  relative shows good cause why the request was not submitted 
  2.15  within the 30-day time limit. 
  2.16     The hearing for an individual or facility under clause (4) 
  2.17  is the only administrative appeal to the final lead agency 
  2.18  disposition specifically, including a challenge to the accuracy 
  2.19  and completeness of data under section 13.04.  
  2.20     For purposes of this section, bargaining unit grievance 
  2.21  procedures are not an administrative appeal. 
  2.22     The scope of hearings involving claims to foster care 
  2.23  payments under clause (5) shall be limited to the issue of 
  2.24  whether the county is legally responsible for a child's 
  2.25  placement under court order or voluntary placement agreement 
  2.26  and, if so, the correct amount of foster care payment to be made 
  2.27  on the child's behalf and shall not include review of the 
  2.28  propriety of the county's child protection determination or 
  2.29  child placement decision. 
  2.30     (b) Except for a prepaid health plan, a vendor of medical 
  2.31  care as defined in section 256B.02, subdivision 7, or a vendor 
  2.32  under contract with a county agency to provide social services 
  2.33  under section 256E.08, subdivision 4, is not a party and may not 
  2.34  request a hearing under this section, except if assisting a 
  2.35  recipient as provided in subdivision 4. 
  2.36     (c) An applicant or recipient is not entitled to receive 
  3.1   social services beyond the services included in the amended 
  3.2   community social services plan developed under section 256E.081, 
  3.3   subdivision 3, if the county agency has met the requirements in 
  3.4   section 256E.081. 
  3.5      Sec. 2.  Minnesota Statutes 1994, section 256.82, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 1a.  [DEFINITIONS.] For purposes of this section, 
  3.8   "treatment foster care program" means a foster care program that 
  3.9   utilizes a family-based service delivery approach to provide 
  3.10  individualized treatment for children, youth, and their 
  3.11  families.  The individualized treatment is delivered through an 
  3.12  integrated constellation of services, with key interventions and 
  3.13  supports provided by treatment foster parents who are trained, 
  3.14  supervised, and supported by qualified program staff. 
  3.15     Sec. 3.  Minnesota Statutes 1994, section 256.82, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 5.  [PRIVATE AGENCY CONTRACTS.] Notwithstanding any 
  3.18  other provisions of this section, rates for treatment foster 
  3.19  care programs of licensed child-caring or child-placing agencies 
  3.20  are a matter of contract between the licensed child-caring or 
  3.21  child-placing agency and the local service agency. 
  3.22     Sec. 4.  Minnesota Statutes 1994, section 256E.08, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 11.  [USE OF COMMUNITY SOCIAL SERVICES FUNDS FOR 
  3.25  FOSTER CARE.] If foster care services are described in a 
  3.26  county's community social services plan, the county may use 
  3.27  funds from its community social services fund to provide foster 
  3.28  care benefits on behalf of children for whom the county has 
  3.29  legal placement responsibility pursuant to court order or 
  3.30  voluntary placement agreement. 
  3.31     Sec. 5.  Minnesota Statutes 1994, section 257.071, 
  3.32  subdivision 1a, is amended to read: 
  3.33     Subd. 1a.  [PROTECTION OF HERITAGE OR BACKGROUND.] The 
  3.34  authorized child-placing agency shall ensure that the child's 
  3.35  best interests are met by giving due, not sole, consideration of 
  3.36  the child's race or ethnic heritage in making a family foster 
  4.1   care placement.  The authorized child-placing agency shall place 
  4.2   a child, released by court order or by voluntary release by the 
  4.3   parent or parents, in a family foster home selected by following 
  4.4   the preferences described in section 260.181, subdivision 
  4.5   3.  Where there is not a family foster home of the same race or 
  4.6   ethnic heritage available that can meet the needs of the child, 
  4.7   the agency must place the child in a home of a foster family 
  4.8   that is of a different racial or ethnic background.  Placement 
  4.9   of a child cannot be delayed or denied based solely on race.  
  4.10     ~~In instances where a child from a family of color is placed~~ 
  4.11  ~~in a family foster home of a different racial or ethnic~~ 
  4.12  ~~background, the local social service agency shall review the~~ 
  4.13  ~~placement after 30 days and each 30 days thereafter for the~~ 
  4.14  ~~first six months to determine if there is another available~~ 
  4.15  ~~placement that would better satisfy the requirements of this~~ 
  4.16  ~~subdivision.~~ 
  4.17     Sec. 6.  Minnesota Statutes 1994, section 257.071, is 
  4.18  amended by adding a subdivision to read: 
  4.19     Subd. 9.  [FAIR HEARING REVIEW.] Any person whose claim for 
  4.20  foster care payment pursuant to the placement of a child 
  4.21  resulting from a child protection assessment under section 
  4.22  626.556 is denied or not acted upon with reasonable promptness 
  4.23  may appeal the decision under section 256.045, subdivision 3.  
  4.24  The application and fair hearing procedures set forth in the 
  4.25  administration of community social services rule, Minnesota 
  4.26  Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 
  4.27  payment issues appealable under this subdivision. 
  4.28     Sec. 7.  Minnesota Statutes 1994, section 257.071, is 
  4.29  amended by adding a subdivision to read: 
  4.30     Subd. 10.  [RULES; FOSTER CARE FAIR HEARINGS.] The 
  4.31  commissioner shall review and, where necessary, revise foster 
  4.32  care rules to ensure that the rules provide adequate guidance 
  4.33  for implementation of foster care fair hearings, pursuant to 
  4.34  section 256.045, subdivision 3, clause (5), that comply with all 
  4.35  applicable federal requirements and the requirements of section 
  4.36  256.045. 
  5.1      Sec. 8.  Minnesota Statutes 1994, section 257.072, 
  5.2   subdivision 1, is amended to read: 
  5.3      Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
  5.4   authorized child-placing agency shall make special efforts to 
  5.5   recruit a foster family from among the child's relatives, except 
  5.6   as authorized in section 260.181, subdivision 3~~, and among~~ 
  5.7   ~~families of the same racial or ethnic heritage~~.  Each agency 
  5.8   shall provide for diligent recruitment of potential foster 
  5.9   families that reflect the ethnic and racial diversity of the 
  5.10  children in the state for whom foster homes are needed.  Special 
  5.11  efforts include contacting and working with community 
  5.12  organizations and religious organizations and may include 
  5.13  contracting with these organizations, utilizing local media and 
  5.14  other local resources, conducting outreach activities, and 
  5.15  increasing the number of minority recruitment staff employed by 
  5.16  the agency.  The requirement of special efforts to locate 
  5.17  relatives in this section is satisfied if the responsible 
  5.18  child-placing agency has made appropriate efforts for six months 
  5.19  following the child's placement in a residential facility and 
  5.20  the court approves the agency's efforts pursuant to section 
  5.21  260.191, subdivision 3a.  The agency may accept any gifts, 
  5.22  grants, offers of services, and other contributions to use in 
  5.23  making special recruitment efforts. 
  5.24     Sec. 9.  Minnesota Statutes 1994, section 257.072, 
  5.25  subdivision 5, is amended to read: 
  5.26     Subd. 5.  [MINORITY PLACEMENTS.] Beginning December 1, ~~1989~~ 
  5.27  1996, the commissioner shall provide to the Indian affairs 
  5.28  council, the council on affairs of Spanish-speaking people, the 
  5.29  council on Black Minnesotans, and the council on Asian-Pacific 
  5.30  Minnesotans the ~~semiannual reports~~ annual report required under 
  5.31  section 257.0725.  
  5.32     Sec. 10.  Minnesota Statutes 1994, section 257.072, 
  5.33  subdivision 8, is amended to read: 
  5.34     Subd. 8.  [REPORTING REQUIREMENTS.] Each authorized 
  5.35  child-placing agency shall provide to the commissioner of human 
  5.36  services all data needed by the commissioner for the report 
  6.1   required by section 257.0725.  The agency shall provide the data 
  6.2   within ~~60~~ 15 days of the end of the ~~six-month~~ period for which 
  6.3   the data is applicable. 
  6.4      Sec. 11.  Minnesota Statutes 1994, section 257.0725, is 
  6.5   amended to read: 
  6.6      257.0725 [~~SEMIANNUAL~~ ANNUAL REPORT.] 
  6.7      The commissioner of human services shall publish ~~a~~ 
  6.8   ~~semiannual~~ an annual report on children in out-of-home placement.
  6.9   The report shall include, by county and statewide, information 
  6.10  on legal status, living arrangement, age, sex, race, accumulated 
  6.11  length of time in placement, reason for most recent placement, 
  6.12  race of family with whom placed, ~~number of families from the~~ 
  6.13  ~~child's own culture in the placement pool during the period for~~ 
  6.14  ~~which data is provided,~~ and other ~~demographic~~ information deemed 
  6.15  appropriate on all children in out-of-home placement.  ~~The~~ 
  6.16  ~~commissioner shall provide the required data for children who~~ 
  6.17  ~~entered placement during the previous quarter and for children~~ 
  6.18  ~~who are in placement at the end of the quarter.~~  Out-of-home 
  6.19  placement includes placement in any facility by an authorized 
  6.20  child-placing agency.  ~~By December 1, 1989, and by December 1 of~~ 
  6.21  ~~each successive year, the commissioner shall publish a report~~ 
  6.22  ~~covering the first six months of the calendar year.  By June 1,~~ 
  6.23  ~~1990, and by June 1 of each successive year, the commissioner~~ 
  6.24  ~~shall publish a report covering the last six months of the~~ 
  6.25  ~~calendar year.~~ 
  6.26     Sec. 12.  Minnesota Statutes 1994, section 259.29, is 
  6.27  amended to read: 
  6.28     259.29 [PROTECTION OF HERITAGE OR BACKGROUND.] 
  6.29     The policy of the state of Minnesota is to ensure that the 
  6.30  best interests of the child are met by requiring due, not sole, 
  6.31  consideration of the child's race or ethnic heritage in adoption 
  6.32  placements.  For purposes of intercountry adoptions, due 
  6.33  consideration is deemed to have occurred if the appropriate 
  6.34  authority in the child's country of birth has approved the 
  6.35  placement of the child.  
  6.36     The authorized child-placing agency shall give preference, 
  7.1   in the absence of good cause to the contrary, to placing the 
  7.2   child with (a) a relative or relatives of the child, or, if that 
  7.3   would be detrimental to the child or a relative is not 
  7.4   available, (b) an important friend with whom the child has 
  7.5   resided or had significant contact, or if that is not possible, 
  7.6   (c) a family with the same racial or ethnic heritage as the 
  7.7   child, or, if that is not feasible, ~~(c)~~ (d) a family of 
  7.8   different racial or ethnic heritage from the child which is 
  7.9   knowledgeable and appreciative of the child's racial or ethnic 
  7.10  heritage.  In implementing the order of preference, an 
  7.11  authorized child-placing agency may disclose private or 
  7.12  confidential data, as defined in section 13.02, to relatives of 
  7.13  the child for the purpose of locating a suitable adoptive home.  
  7.14  The agency shall disclose only data that is necessary to 
  7.15  facilitate implementing the preference.  
  7.16     If the child's birth parent or parents explicitly request 
  7.17  that the preference described in clause (a) ~~or clauses (a)~~ 
  7.18  ~~and~~, (b), or (c) not be followed, the authorized child-placing 
  7.19  agency shall honor that request consistent with the best 
  7.20  interests of the child. 
  7.21     If the child's birth parent or parents express a preference 
  7.22  for placing the child in an adoptive home of the same or a 
  7.23  similar religious background to that of the birth parent or 
  7.24  parents, in following the preferences in clause (a) ~~or~~, (b), or 
  7.25  (c), the agency shall place the child with a family that also 
  7.26  meets the birth parent's religious preference.  Only if no 
  7.27  family is available that is described in clause (a) ~~or~~, (b), or 
  7.28  (c) may the agency give preference to a family described in 
  7.29  clause ~~(c)~~ (d) that meets the parent's religious preference. 
  7.30     Sec. 13.  Minnesota Statutes 1994, section 259.67, 
  7.31  subdivision 4, is amended to read: 
  7.32     Subd. 4.  [ELIGIBILITY CONDITIONS.] (a) The placing agency 
  7.33  shall determine the child's eligibility for adoption assistance 
  7.34  under title IV-E of the Social Security Act.  If the child does 
  7.35  not qualify, the placing agency shall certify a child as 
  7.36  eligible for state funded adoption assistance only if the 
  8.1   following criteria are met:  
  8.2      ~~(a)~~ (1) Due to the child's characteristics or circumstances 
  8.3   it would be difficult to provide the child ~~and~~ an adoptive home 
  8.4   without adoption assistance.  
  8.5      ~~(b)(1)~~ (2)(i) A placement agency has made reasonable 
  8.6   efforts to place the child for adoption without ~~subsidy~~ adoption 
  8.7   assistance, but has been unsuccessful; or 
  8.8      ~~(2)~~ (ii) the child's licensed foster parents desire to 
  8.9   adopt the child and it is determined by the placing agency that 
  8.10  the adoption is in the best interest of the child. 
  8.11     ~~(c)~~ (3) The child has been a ward of the commissioner or a 
  8.12  Minnesota-licensed child-placing agency.  
  8.13     (b) For purposes of this subdivision, the characteristics 
  8.14  or circumstances that may be considered in determining whether a 
  8.15  child is a child with special needs under United States Code, 
  8.16  title 42, chapter 7, subchapter IV, part E, or meets the 
  8.17  requirements of paragraph (a), clause (1), are the following: 
  8.18     (1) The child is a member of a sibling group to be placed 
  8.19  as one unit in which at least one sibling is older than 15 
  8.20  months of age or is described in clause (2) or (3). 
  8.21     (2) The child has documented physical, mental, emotional, 
  8.22  or behavioral disabilities. 
  8.23     (3) The child has a high risk of developing physical, 
  8.24  mental, emotional, or behavioral disabilities. 
  8.25     (c) When a child's eligibility for adoption assistance is 
  8.26  based upon the high risk of developing physical, mental, 
  8.27  emotional, or behavioral disabilities, payments shall not be 
  8.28  made under the adoption assistance agreement unless and until 
  8.29  the potential disability manifests itself as documented by an 
  8.30  appropriate health care professional. 
  8.31     Sec. 14.  Minnesota Statutes 1994, section 259.67, 
  8.32  subdivision 6, is amended to read: 
  8.33     Subd. 6.  [RIGHT OF APPEAL.] (a) The adoptive parents have 
  8.34  the right to appeal to the commissioner pursuant to section 
  8.35  256.045, when the commissioner denies, discontinues, or modifies 
  8.36  the agreement.  
  9.1      (b) Adoptive parents who believe that their adopted child 
  9.2   was incorrectly denied adoption assistance, or who did not seek 
  9.3   adoption assistance on the child's behalf because of being 
  9.4   provided with inaccurate or insufficient information about the 
  9.5   child or the adoption assistance program, may request a hearing 
  9.6   under section 256.045.  Notwithstanding subdivision 2, the 
  9.7   purpose of the hearing shall be to determine whether, under 
  9.8   standards established by the federal Department of Health and 
  9.9   Human Services, the circumstances surrounding the child's 
  9.10  adoption warrant making an adoption assistance agreement on 
  9.11  behalf of the child after the final decree of adoption has been 
  9.12  issued.  The commissioner shall enter into an adoption 
  9.13  assistance agreement on the child's behalf if it is determined 
  9.14  that the child was eligible for adoption assistance under United 
  9.15  States Code, title 42, chapter 7, subchapter IV, part E, 
  9.16  sections 670 to 679a, at the time of the adoption and at the 
  9.17  time the request for a hearing was submitted but, because of 
  9.18  extenuating circumstances, did not receive adoption assistance.  
  9.19  An adoption assistance agreement made under this paragraph shall 
  9.20  be effective the date the request for a hearing was received by 
  9.21  the commissioner or the local agency. 
  9.22     Sec. 15.  Minnesota Statutes 1994, section 259.77, is 
  9.23  amended to read: 
  9.24     259.77 [FAMILY RECRUITMENT.] 
  9.25     Each authorized child-placing agency shall make special 
  9.26  efforts to recruit an adoptive family from among the child's 
  9.27  relatives, except as authorized in section 259.57, subdivision 
  9.28  2~~, and among families of the same racial or ethnic~~ 
  9.29  ~~heritage~~.  Each agency shall provide for the diligent 
  9.30  recruitment of potential adoptive families that reflect the 
  9.31  ethnic and racial diversity of children in the state for whom 
  9.32  adoptive homes are needed.  Special efforts include contacting 
  9.33  and working with community organizations and religious 
  9.34  organizations and may include contracting with these 
  9.35  organizations, utilizing local media and other local resources, 
  9.36  and conducting outreach activities.  The requirement of special 
 10.1   efforts to locate relatives in this section is satisfied if the 
 10.2   efforts have continued for six months after the child becomes 
 10.3   available for adoption or if special efforts have been satisfied 
 10.4   and approved by the court pursuant to section 260.191, 
 10.5   subdivision 3a.  The agency may accept any gifts, grants, offers 
 10.6   of services, and other contributions to use in making special 
 10.7   recruitment efforts. 
 10.8      Sec. 16.  Minnesota Statutes 1994, section 260.015, is 
 10.9   amended by adding a subdivision to read: 
 10.10     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 10.11  infliction of bodily harm to a child or neglect of a child which 
 10.12  demonstrates a grossly inadequate ability to provide minimally 
 10.13  adequate parental care.  The egregious harm need not have 
 10.14  occurred in the state or in the county where a termination of 
 10.15  parental rights action is otherwise properly venued.  Egregious 
 10.16  harm includes, but is not limited to: 
 10.17     (1) conduct towards a child that constitutes a violation of 
 10.18  section 609.185 to 609.21, or any other similar law of the 
 10.19  United States or any other state; 
 10.20     (2) the infliction of "great bodily harm" to a child, as 
 10.21  defined in section 609.02, subdivision 8; 
 10.22     (3) conduct towards a child that constitutes felony 
 10.23  malicious punishment of a child under section 609.377; or 
 10.24     (4) conduct towards a child that constitutes unreasonable 
 10.25  restraint of a child under section 609.255, subdivision 3. 
 10.26     Sec. 17.  Minnesota Statutes 1994, section 260.181, 
 10.27  subdivision 3, is amended to read: 
 10.28     Subd. 3.  [PROTECTION OF HERITAGE OR BACKGROUND.] The 
 10.29  policy of the state is to ensure that the best interests of 
 10.30  children are met by requiring due, not sole, consideration of 
 10.31  the child's race or ethnic heritage in foster care placements.  
 10.32     The court, in transferring legal custody of any child or 
 10.33  appointing a guardian for the child under the laws relating to 
 10.34  juvenile courts, shall place the child, in the following order 
 10.35  of preference, in the absence of good cause to the contrary, in 
 10.36  the legal custody or guardianship of an individual who (a) is 
 11.1   ~~the child's relative~~ related to the child by blood, marriage, or 
 11.2   adoption, or if that would be detrimental to the child or a 
 11.3   relative is not available, who (b) is an important friend with 
 11.4   whom the child has resided or had significant contact, or if 
 11.5   that is not possible, who (c) is of the same racial or ethnic 
 11.6   heritage as the child, or if that is not possible, who ~~(c)~~ (d) 
 11.7   is knowledgeable and appreciative of the child's racial or 
 11.8   ethnic heritage.  ~~The court may require the county welfare~~ 
 11.9   ~~agency to continue efforts to find a guardian of the child's~~ 
 11.10  ~~racial or ethnic heritage when such a guardian is not~~ 
 11.11  ~~immediately available.  For purposes of this subdivision,~~ 
 11.12  ~~"relative" includes members of a child's extended family and~~ 
 11.13  ~~important friends with whom the child has resided or had~~ 
 11.14  ~~significant contact.~~ 
 11.15     If the child's birth parent or parents explicitly request 
 11.16  that the preference described in clause (a) ~~or in clauses (a)~~ 
 11.17  ~~and~~, (b), or (c) not be followed, the court shall honor that 
 11.18  request if it is consistent with the best interests of the child.
 11.19     If the child's birth parent or parents express a preference 
 11.20  for placing the child in a foster or adoptive home of the same 
 11.21  or a similar religious background to that of the birth parent or 
 11.22  parents, in following the preferences in clause (a) ~~or~~, (b), or 
 11.23  (c), the court shall order placement of the child with an 
 11.24  individual who meets the birth parent's religious preference.  
 11.25  Only if no individual is available who is described in clause 
 11.26  (a) ~~or~~, (b), or (c) may the court give preference to an 
 11.27  individual described in clause ~~(c)~~ (d) who meets the parent's 
 11.28  religious preference. 
 11.29     Sec. 18.  Minnesota Statutes 1995 Supplement, section 
 11.30  260.221, subdivision 1, is amended to read: 
 11.31     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 11.32  court may upon petition, terminate all rights of a parent to a 
 11.33  child in the following cases: 
 11.34     (a) With the written consent of a parent who for good cause 
 11.35  desires to terminate parental rights; or 
 11.36     (b) If it finds that one or more of the following 
 12.1   conditions exist: 
 12.2      (1) That the parent has abandoned the child.  Abandonment 
 12.3   is presumed when: 
 12.4      (i) the parent has had no contact with the child on a 
 12.5   regular basis and no demonstrated, consistent interest in the 
 12.6   child's well-being for six months; and 
 12.7      (ii) the social service agency has made reasonable efforts 
 12.8   to facilitate contact, unless the parent establishes that an 
 12.9   extreme financial or physical hardship or treatment for mental 
 12.10  disability or chemical dependency or other good cause prevented 
 12.11  the parent from making contact with the child.  This presumption 
 12.12  does not apply to children whose custody has been determined 
 12.13  under chapter 257 or 518.  The court is not prohibited from 
 12.14  finding abandonment in the absence of this presumption; or 
 12.15     (2) That the parent has substantially, continuously, or 
 12.16  repeatedly refused or neglected to comply with the duties 
 12.17  imposed upon that parent by the parent and child relationship, 
 12.18  including but not limited to providing the child with necessary 
 12.19  food, clothing, shelter, education, and other care and control 
 12.20  necessary for the child's physical, mental, or emotional health 
 12.21  and development, if the parent is physically and financially 
 12.22  able, and reasonable efforts by the social service agency have 
 12.23  failed to correct the conditions that formed the basis of the 
 12.24  petition; or 
 12.25     (3) That a parent has been ordered to contribute to the 
 12.26  support of the child or financially aid in the child's birth and 
 12.27  has continuously failed to do so without good cause.  This 
 12.28  clause shall not be construed to state a grounds for termination 
 12.29  of parental rights of a noncustodial parent if that parent has 
 12.30  not been ordered to or cannot financially contribute to the 
 12.31  support of the child or aid in the child's birth; or 
 12.32     (4) That a parent is palpably unfit to be a party to the 
 12.33  parent and child relationship because of a consistent pattern of 
 12.34  specific conduct before the child or of specific conditions 
 12.35  directly relating to the parent and child relationship either of 
 12.36  which are determined by the court to be of a duration or nature 
 13.1   that renders the parent unable, for the reasonably foreseeable 
 13.2   future, to care appropriately for the ongoing physical, mental, 
 13.3   or emotional needs of the child.  It is presumed that a parent 
 13.4   is palpably unfit to be a party to the parent and child 
 13.5   relationship upon a showing that: 
 13.6      (i) the child was adjudicated in need of protection or 
 13.7   services due to circumstances described in section 260.015, 
 13.8   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 13.9      (ii) within the three-year period immediately prior to that 
 13.10  adjudication, the parent's parental rights to one or more other 
 13.11  children were involuntarily terminated under clause (1), (2), 
 13.12  (4), or (7), or under clause (5) if the child was initially 
 13.13  determined to be in need of protection or services due to 
 13.14  circumstances described in section 260.015, subdivision 2a, 
 13.15  clause (1), (2), (3), (5), or (8); or 
 13.16     (5) That following upon a determination of neglect or 
 13.17  dependency, or of a child's need for protection or services, 
 13.18  reasonable efforts, under the direction of the court, have 
 13.19  failed to correct the conditions leading to the determination.  
 13.20  It is presumed that reasonable efforts under this clause have 
 13.21  failed upon a showing that: 
 13.22     (i) a child has resided out of the parental home under 
 13.23  court order for more than one year following an adjudication of 
 13.24  dependency, neglect, need for protection or services under 
 13.25  section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), 
 13.26  or (9), or neglected and in foster care, and an order for 
 13.27  disposition under section 260.191, including adoption of the 
 13.28  case plan required by section 257.071; 
 13.29     (ii) conditions leading to the determination will not be 
 13.30  corrected within the reasonably foreseeable future.  It is 
 13.31  presumed that conditions leading to a child's out-of-home 
 13.32  placement will not be corrected in the reasonably foreseeable 
 13.33  future upon a showing that the parent or parents have not 
 13.34  substantially complied with the court's orders and a reasonable 
 13.35  case plan, and the conditions which led to the out-of-home 
 13.36  placement have not been corrected; and 
 14.1      (iii) reasonable efforts have been made by the social 
 14.2   service agency to rehabilitate the parent and reunite the family.
 14.3      This clause does not prohibit the termination of parental 
 14.4   rights prior to one year after a child has been placed out of 
 14.5   the home.  
 14.6      It is also presumed that reasonable efforts have failed 
 14.7   under this clause upon a showing that: 
 14.8      (i) the parent has been diagnosed as chemically dependent 
 14.9   by a professional certified to make the diagnosis; 
 14.10     (ii) the parent has been required by a case plan to 
 14.11  participate in a chemical dependency treatment program; 
 14.12     (iii) the treatment programs offered to the parent were 
 14.13  culturally, linguistically, and clinically appropriate; 
 14.14     (iv) the parent has either failed two or more times to 
 14.15  successfully complete a treatment program or has refused at two 
 14.16  or more separate meetings with a caseworker to participate in a 
 14.17  treatment program; and 
 14.18     (v) the parent continues to abuse chemicals.  
 14.19  Provided, that this presumption applies only to parents required 
 14.20  by a case plan to participate in a chemical dependency treatment 
 14.21  program on or after July 1, 1990; or 
 14.22     (6) That ~~the parent has been convicted of causing the death~~ 
 14.23  ~~of another of the parent's children~~ a child has experienced 
 14.24  egregious harm in the parent's care which is of a nature, 
 14.25  duration, or chronicity that indicates a lack of regard for the 
 14.26  child's well-being, such that a reasonable person would believe 
 14.27  it contrary to the best interest of the child or of any child to 
 14.28  be in the parent's care; or 
 14.29     (7) That in the case of a child born to a mother who was 
 14.30  not married to the child's father when the child was conceived 
 14.31  nor when the child was born the person is not entitled to notice 
 14.32  of an adoption hearing under section 259.49 and either the 
 14.33  person has not filed a notice of intent to retain parental 
 14.34  rights under section 259.51 or that the notice has been 
 14.35  successfully challenged; or 
 14.36     (8) That the child is neglected and in foster care. 
 15.1   In an action involving an American Indian child, sections 257.35 
 15.2   to 257.3579 and the Indian Child Welfare Act, United States 
 15.3   Code, title 25, sections 1901 to 1923, control to the extent 
 15.4   that the provisions of this section are inconsistent with those 
 15.5   laws. 
 15.6      Sec. 19.  Minnesota Statutes 1994, section 260.221, is 
 15.7   amended by adding a subdivision to read: 
 15.8      Subd. 6.  [NO REQUIREMENT FOR REASONABLE EFFORTS.] Upon 
 15.9   filing a termination of parental rights petition and notice to 
 15.10  the parties, the social service agency responsible for making 
 15.11  reasonable efforts under sections 260.011 and 260.012 may 
 15.12  discontinue the provision of services that are aimed at 
 15.13  returning the child to the parent.  The discontinuation of these 
 15.14  reunification services shall be approved by the court, unless 
 15.15  the parent establishes a substantial likelihood that the 
 15.16  provision of additional services would likely correct the 
 15.17  conditions which form the basis for the petition to terminate 
 15.18  parental rights within six months of the date the petition is 
 15.19  filed. 
 15.20     Sec. 20.  [EFFECTIVE DATE.] 
 15.21     Sections 1, 4 to 11, and 13 to 15, are effective the day 
 15.22  following final enactment.