1.1.................... moves to amend S.F. No. 878, the second engrossment, as amended,
1.2as follows:
1.3Page 16, after line 31, insert:

1.4    "Sec. .... Minnesota Statutes 2014, section 260.012, is amended to read:
1.5260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
1.6REUNIFICATION; REASONABLE EFFORTS.
1.7    (a) Once a child alleged to be in need of protection or services is under the court's
1.8jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
1.9services, by the social services agency are made to prevent placement or to eliminate the
1.10need for removal and to reunite the child with the child's family at the earliest possible
1.11time, and the court must ensure that the responsible social services agency makes
1.12reasonable efforts to finalize an alternative permanent plan for the child as provided in
1.13paragraph (e). In determining reasonable efforts to be made with respect to a child and in
1.14making those reasonable efforts, the child's best interests, health, and safety must be of
1.15paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
1.16reunification are always required except upon a determination by the court that a petition
1.17has been filed stating a prima facie case that:
1.18    (1) the parent has subjected a child to egregious harm as defined in section
1.19260C.007, subdivision 14 ;
1.20    (2) the parental rights of the parent to another child have been terminated
1.21involuntarily;
1.22    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
1.23paragraph (a), clause (2);
1.24    (4) the parent's custodial rights to another child have been involuntarily transferred
1.25to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph
1.26(d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
2.1(5) the parent has committed sexual abuse as defined in section 626.556, subdivision
2.22 , against the child or another child of the parent;
2.3(6) the parent has committed an offense that requires registration as a predatory
2.4offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
2.5    (7) the provision of services or further services for the purpose of reunification is
2.6futile and therefore unreasonable under the circumstances: or
2.7    (8) the child was conceived as the result of a parent committing an act of sexual
2.8assault against the mother that involved sexual penetration, as defined in section 609.341,
2.9subdivision 12, and the mother did not grant consent, as defined in section 609.341,
2.10subdivision 4, to the sexual penetration, or pursuant to a violation of a similar law
2.11of another state, territory, possession, or an Indian tribe where the offense occurred.
2.12However, reasonable efforts to prevent placement and for rehabilitation and reunification
2.13may be pursued when the conditions under section 260C.301, subdivision 1, paragraph
2.14(b), clause (10, item (iii) apply.
2.15    (b) When the court makes one of the prima facie determinations under paragraph (a),
2.16either permanency pleadings under section 260C.505, or a termination of parental rights
2.17petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing
2.18under sections 260C.503 to 260C.521 must be held within 30 days of this determination.
2.19    (c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178,
2.20260C.201 , 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court
2.21must make findings and conclusions consistent with the Indian Child Welfare Act of
2.221978, United States Code, title 25, section 1901 et seq., as to the provision of active
2.23efforts. In cases governed by the Indian Child Welfare Act of 1978, United States Code,
2.24title 25, section 1901, the responsible social services agency must provide active efforts as
2.25required under United States Code, title 25, section 1911(d).
2.26    (d) "Reasonable efforts to prevent placement" means:
2.27    (1) the agency has made reasonable efforts to prevent the placement of the child in
2.28foster care by working with the family to develop and implement a safety plan; or
2.29    (2) given the particular circumstances of the child and family at the time of the
2.30child's removal, there are no services or efforts available which could allow the child to
2.31safely remain in the home.
2.32    (e) "Reasonable efforts to finalize a permanent plan for the child" means due
2.33diligence by the responsible social services agency to:
2.34    (1) reunify the child with the parent or guardian from whom the child was removed;
3.1    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
3.2where appropriate, provide services necessary to enable the noncustodial parent to safely
3.3provide the care, as required by section 260C.219;
3.4    (3) conduct a relative search to identify and provide notice to adult relatives as
3.5required under section 260C.221;
3.6(4) place siblings removed from their home in the same home for foster care or
3.7adoption, or transfer permanent legal and physical custody to a relative. Visitation
3.8between siblings who are not in the same foster care, adoption, or custodial placement or
3.9facility shall be consistent with section 260C.212, subdivision 2; and
3.10    (5) when the child cannot return to the parent or guardian from whom the child was
3.11removed, to plan for and finalize a safe and legally permanent alternative home for the
3.12child, and considers permanent alternative homes for the child inside or outside of the
3.13state, preferably through adoption or transfer of permanent legal and physical custody of
3.14the child.
3.15    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible
3.16social services agency to use culturally appropriate and available services to meet the needs
3.17of the child and the child's family. Services may include those provided by the responsible
3.18social services agency and other culturally appropriate services available in the community.
3.19At each stage of the proceedings where the court is required to review the appropriateness
3.20of the responsible social services agency's reasonable efforts as described in paragraphs
3.21(a), (d), and (e), the social services agency has the burden of demonstrating that:
3.22    (1) it has made reasonable efforts to prevent placement of the child in foster care;
3.23    (2) it has made reasonable efforts to eliminate the need for removal of the child from
3.24the child's home and to reunify the child with the child's family at the earliest possible time;
3.25    (3) it has made reasonable efforts to finalize an alternative permanent home for
3.26the child, and considers permanent alternative homes for the child inside or outside of
3.27the state; or
3.28    (4) reasonable efforts to prevent placement and to reunify the child with the parent
3.29or guardian are not required. The agency may meet this burden by stating facts in a sworn
3.30petition filed under section 260C.141, by filing an affidavit summarizing the agency's
3.31reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
3.32efforts to reunify the parent and child, or through testimony or a certified report required
3.33under juvenile court rules.
3.34    (g) Once the court determines that reasonable efforts for reunification are not
3.35required because the court has made one of the prima facie determinations under paragraph
3.36(a), the court may only require reasonable efforts for reunification after a hearing
4.1according to section 260C.163, where the court finds there is not clear and convincing
4.2evidence of the facts upon which the court based its prima facie determination. In this
4.3case when there is clear and convincing evidence that the child is in need of protection or
4.4services, the court may find the child in need of protection or services and order any of
4.5the dispositions available under section 260C.201, subdivision 1. Reunification of a child
4.6with a parent is not required if the parent has been convicted of:
4.7    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections
4.8609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
4.9parent;
4.10    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
4.11    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States
4.12Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
4.13(4) committing sexual abuse as defined in section 626.556, subdivision 2, against
4.14the child or another child of the parent; or
4.15(5) an offense that requires registration as a predatory offender under section
4.16243.166, subdivision 1b , paragraph (a) or (b).
4.17    (h) The juvenile court, in proceedings under sections 260B.178, 260C.178,
4.18260C.201 , 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings
4.19and conclusions as to the provision of reasonable efforts. When determining whether
4.20reasonable efforts have been made, the court shall consider whether services to the child
4.21and family were:
4.22    (1) relevant to the safety and protection of the child;
4.23    (2) adequate to meet the needs of the child and family;
4.24    (3) culturally appropriate;
4.25    (4) available and accessible;
4.26    (5) consistent and timely; and
4.27    (6) realistic under the circumstances.
4.28    In the alternative, the court may determine that provision of services or further
4.29services for the purpose of rehabilitation is futile and therefore unreasonable under the
4.30circumstances or that reasonable efforts are not required as provided in paragraph (a).
4.31    (i) This section does not prevent out-of-home placement for treatment of a child with
4.32a mental disability when it is determined to be medically necessary as a result of the child's
4.33diagnostic assessment or individual treatment plan indicates that appropriate and necessary
4.34treatment cannot be effectively provided outside of a residential or inpatient treatment
4.35program and the level or intensity of supervision and treatment cannot be effectively and
5.1safely provided in the child's home or community and it is determined that a residential
5.2treatment setting is the least restrictive setting that is appropriate to the needs of the child.
5.3    (j) If continuation of reasonable efforts to prevent placement or reunify the child
5.4with the parent or guardian from whom the child was removed is determined by the court
5.5to be inconsistent with the permanent plan for the child or upon the court making one of
5.6the prima facie determinations under paragraph (a), reasonable efforts must be made to
5.7place the child in a timely manner in a safe and permanent home and to complete whatever
5.8steps are necessary to legally finalize the permanent placement of the child.
5.9    (k) Reasonable efforts to place a child for adoption or in another permanent
5.10placement may be made concurrently with reasonable efforts to prevent placement or to
5.11reunify the child with the parent or guardian from whom the child was removed. When
5.12the responsible social services agency decides to concurrently make reasonable efforts for
5.13both reunification and permanent placement away from the parent under paragraph (a), the
5.14agency shall disclose its decision and both plans for concurrent reasonable efforts to all
5.15parties and the court. When the agency discloses its decision to proceed on both plans for
5.16reunification and permanent placement away from the parent, the court's review of the
5.17agency's reasonable efforts shall include the agency's efforts under both plans.

5.18    Sec. .... Minnesota Statutes 2014, section 260C.301, subdivision 1, is amended to read:
5.19    Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition,
5.20terminate all rights of a parent to a child:
5.21(a) with the written consent of a parent who for good cause desires to terminate
5.22parental rights; or
5.23(b) if it finds that one or more of the following conditions exist:
5.24(1) that the parent has abandoned the child;
5.25(2) that the parent has substantially, continuously, or repeatedly refused or neglected
5.26to comply with the duties imposed upon that parent by the parent and child relationship,
5.27including but not limited to providing the child with necessary food, clothing, shelter,
5.28education, and other care and control necessary for the child's physical, mental, or
5.29emotional health and development, if the parent is physically and financially able, and
5.30either reasonable efforts by the social services agency have failed to correct the conditions
5.31that formed the basis of the petition or reasonable efforts would be futile and therefore
5.32unreasonable;
5.33(3) that a parent has been ordered to contribute to the support of the child or
5.34financially aid in the child's birth and has continuously failed to do so without good cause.
5.35This clause shall not be construed to state a grounds for termination of parental rights of a
6.1noncustodial parent if that parent has not been ordered to or cannot financially contribute
6.2to the support of the child or aid in the child's birth;
6.3(4) that a parent is palpably unfit to be a party to the parent and child relationship
6.4because of a consistent pattern of specific conduct before the child or of specific conditions
6.5directly relating to the parent and child relationship either of which are determined by
6.6the court to be of a duration or nature that renders the parent unable, for the reasonably
6.7foreseeable future, to care appropriately for the ongoing physical, mental, or emotional
6.8needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent
6.9and child relationship upon a showing that the parent's parental rights to one or more other
6.10children were involuntarily terminated or that the parent's custodial rights to another child
6.11have been involuntarily transferred to a relative under Minnesota Statutes 2010, section
6.12260C.201, subdivision 11, paragraph (e), clause (1) , section 260C.515, subdivision 4, or a
6.13similar law of another jurisdiction;
6.14(5) that following the child's placement out of the home, reasonable efforts, under the
6.15direction of the court, have failed to correct the conditions leading to the child's placement.
6.16It is presumed that reasonable efforts under this clause have failed upon a showing that:
6.17(i) a child has resided out of the parental home under court order for a cumulative
6.18period of 12 months within the preceding 22 months. In the case of a child under age eight
6.19at the time the petition was filed alleging the child to be in need of protection or services,
6.20the presumption arises when the child has resided out of the parental home under court
6.21order for six months unless the parent has maintained regular contact with the child and
6.22the parent is complying with the out-of-home placement plan;
6.23(ii) the court has approved the out-of-home placement plan required under section
6.24260C.212 and filed with the court under section 260C.178;
6.25(iii) conditions leading to the out-of-home placement have not been corrected. It
6.26is presumed that conditions leading to a child's out-of-home placement have not been
6.27corrected upon a showing that the parent or parents have not substantially complied with
6.28the court's orders and a reasonable case plan; and
6.29(iv) reasonable efforts have been made by the social services agency to rehabilitate
6.30the parent and reunite the family.
6.31This clause does not prohibit the termination of parental rights prior to one year, or
6.32in the case of a child under age eight, prior to six months after a child has been placed
6.33out of the home.
6.34It is also presumed that reasonable efforts have failed under this clause upon a
6.35showing that:
7.1(A) the parent has been diagnosed as chemically dependent by a professional
7.2certified to make the diagnosis;
7.3(B) the parent has been required by a case plan to participate in a chemical
7.4dependency treatment program;
7.5(C) the treatment programs offered to the parent were culturally, linguistically,
7.6and clinically appropriate;
7.7(D) the parent has either failed two or more times to successfully complete a
7.8treatment program or has refused at two or more separate meetings with a caseworker
7.9to participate in a treatment program; and
7.10(E) the parent continues to abuse chemicals.
7.11(6) that a child has experienced egregious harm in the parent's care which is of a
7.12nature, duration, or chronicity that indicates a lack of regard for the child's well-being,
7.13such that a reasonable person would believe it contrary to the best interest of the child
7.14or of any child to be in the parent's care;
7.15(7) that in the case of a child born to a mother who was not married to the child's
7.16father when the child was conceived nor when the child was born the person is not entitled
7.17to notice of an adoption hearing under section 259.49 and the person has not registered
7.18with the fathers' adoption registry under section 259.52;
7.19(8) that the child is neglected and in foster care; or
7.20(9) that the parent has been convicted of a crime listed in section 260.012, paragraph
7.21(g) , clauses (1) to (5); or
7.22(10) the court determines that the child was conceived as the result of the parent
7.23committing an act of sexual assault against the mother that involved sexual penetration, as
7.24defined in section 609.341, subdivision 12, and the mother did not grant consent, as defined
7.25in section 609.341, subdivision 4, to the sexual penetration, or pursuant to violation of a
7.26similar law of another state, territory, possession, or Indian tribe where the offense occurred.
7.27(i) A guilty plea, conviction, or adjudication of the parent who committed an act
7.28of sexual assault as defined in this clause is not required.
7.29(ii) It is presumed that the termination of parental rights of the parent who committed
7.30an act of sexual assault against the mother as defined in this clause is in the best interest of
7.31the child if the child was conceived as a result of that act.
7.32(iii) It is not presumed that termination of parental rights is in the best interest of the
7.33child if the act involved sexual penetration as defined in section 609.344, subdivision 1,
7.34paragraph (b) when the actor was no more than 48 months but more the 24 months older
7.35than the complainant who was at least 13, but less than 16 years of age and there are no
7.36other factors that threaten the child's best interests, health, and safety.
8.1(iv) A petition for termination of parental rights under this clause may be filed at
8.2any time.
8.3In an action involving an American Indian child, sections 260.751 to 260.835 and
8.4the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control
8.5to the extent that the provisions of this section are inconsistent with those laws.

8.6    Sec. .... Minnesota Statutes 2014, section 260C.301, subdivision 8, is amended to read:
8.7    Subd. 8. Findings regarding reasonable efforts. In any proceeding under this
8.8section, the court shall make specific findings:
8.9(1) that reasonable efforts to finalize the permanency plan to reunify the child and
8.10the parent were made including individualized and explicit findings regarding the nature
8.11and extent of efforts made by the social services agency to rehabilitate the parent and
8.12reunite the family; or
8.13(2) that reasonable efforts for reunification are not required as provided under
8.14section 260.012; or
8.15(3) that reasonable efforts for reunification are not required because the termination
8.16is based on the factors in subdivision 1, paragraph (b), clause (10), items (i) or (ii)."
8.17Renumber the sections in sequence and correct the internal references
8.18Amend the title accordingly