1.1    .................... moves to amend H.F. No. 3564, the first engrossment, as follows:
1.2Page 21, line 12, delete everything after the period
1.3Page 21, line 13, delete everything before the period
1.4Page 24, delete section 32
1.5Page 28, after line 4, insert: "1. The interstate placement of a child in a custody
1.6proceeding in which a public child placing agency is not a party, provided, the placement
1.7is not intended to effectuate an adoption."
1.8Page 28, line 5, delete "1." and insert "2."
1.9Page 28, line 10, delete "2." and insert "3."
1.10Page 28, line 18, delete "3." and insert "4."
1.11Page 29, line 23, after the comma, insert "and in interstate placements in which the
1.12public child placing agency is not a party to a custody proceeding"
1.13Page 30, line 30, after "and" insert "immediate"
1.14Page 30, line 31, after "content" delete "in" and insert "to accompany"
1.15Page 30, after line 35, insert "2. The appropriate consents or relinquishments signed
1.16by the birth parents in accordance with the laws of the sending state, or where permitted
1.17by the laws of the state where the adoption will be finalized; and"
1.18Page 31, line 1, delete "2." and insert "3."
1.19Page 31, line 4, delete "3." and insert "4."
1.20Page 31, line 5, delete "4." and insert "5."
1.21Page 31, line 1, after "agent" insert "of a private adoption agency"
1.22Page 44, line 31, strike everything after "care" and insert a semicolon
1.23Page 44, strike line 32
1.24Page 45, line 15, strike "in placement according to" and insert "who entered foster
1.25care under a"
1.26Page 45, line 16, strike "release by" and insert "placement agreement between" and
1.27after "parent" insert "and the responsible social service agency"
2.1Page 46, after line 7, insert

2.2    "Sec. 38. Minnesota Statutes 2006, section 260C.101, subdivision 2, is amended to
2.3read:
2.4    Subd. 2. Jurisdiction over other matters relating to children. Except as provided
2.5in clause (d), the juvenile court has original and exclusive jurisdiction in proceedings
2.6concerning:
2.7    (a) The termination of parental rights to a child in accordance with the provisions of
2.8sections 260C.301 to 260C.328.
2.9    (b) The appointment and removal of a juvenile court guardian for a child, where
2.10parental rights have been terminated under the provisions of sections 260C.301 to
2.11260C.328 .
2.12    (c) Judicial consent to the marriage of a child when required by law.
2.13    (d) The juvenile court in those counties in which the judge of the probate-juvenile
2.14court has been admitted to the practice of law in this state shall proceed under the laws
2.15relating to adoptions in all adoption matters. In those counties in which the judge of the
2.16probate-juvenile court has not been admitted to the practice of law in this state the district
2.17court shall proceed under the laws relating to adoptions in all adoption matters.
2.18    (e) The review of the foster care status placement of a child who has been placed is
2.19in a residential facility, as defined in section 260C.212, subdivision 1, foster care pursuant
2.20to a voluntary release by placement agreement between the child's parent or parents and
2.21the responsible social services agency under section 260C.212, subdivision 8
2.22    (f) The review of voluntary foster care placement of a child for treatment under
2.23chapter 260D according to the review requirements of that chapter.

2.24    Sec. 39. Minnesota Statutes 2006, section 260C.141, subdivision 2, is amended to read:
2.25    Subd. 2. Review of foster care status. Except for a child in foster care due
2.26solely to the child's developmental disability or emotional disturbance, When a child
2.27continues in voluntary placement foster care according to section 260C.212, subdivision
2.288
, a petition shall be filed alleging the child to be in need of protection or services or
2.29seeking termination of parental rights or other permanent placement of the child away
2.30from the parent within 90 days of the date of the voluntary placement agreement. The
2.31petition shall state the reasons why the child is in placement foster care, the progress on
2.32the out-of-home placement plan required under section 260C.212, subdivision 1, and
2.33the statutory basis for the petition under section 260C.007, subdivision 6, 260C.201,
2.34subdivision 11
, or 260C.301.
3.1    (1) In the case of a petition alleging the child to be in need of protection or services
3.2filed under this paragraph, if all parties agree and the court finds it is in the best interests of
3.3the child, the court may find the petition states a prima facie case that:
3.4    (i) the child's needs are being met;
3.5    (ii) the placement of the child in foster care is in the best interests of the child;
3.6    (iii) reasonable efforts to reunify the child and the parent or guardian are being
3.7made; and
3.8    (iv) the child will be returned home in the next three months.
3.9    (2) If the court makes findings under paragraph (1), the court shall approve the
3.10voluntary arrangement and continue the matter for up to three more months to ensure the
3.11child returns to the parents' home. The responsible social services agency shall:
3.12    (i) report to the court when the child returns home and the progress made by the
3.13parent on the out-of-home placement plan required under section 260C.212, in which
3.14case the court shall dismiss jurisdiction;
3.15    (ii) report to the court that the child has not returned home, in which case the matter
3.16shall be returned to the court for further proceedings under section 260C.163; or
3.17    (iii) if any party does not agree to continue the matter under this paragraph and
3.18paragraph (1), the matter shall proceed under section 260C.163."
3.19Page 51, after line 23, insert

3.20    "Sec. 41. Minnesota Statutes 2006, section 260C.205, is amended to read:
3.21260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS
3.22FOR TREATMENT.
3.23    Unless the court disposes of the petition under section 260C.141, subdivision 2,
3.24Upon a petition for review of the foster care status of a by a parent or guardian under
3.25section 260C.141, subdivision 1b, regarding a child in voluntary foster care for treatment
3.26under chapter 260D, the court may:
3.27    (a) find that the child's needs are not being met, in which case the court shall order
3.28the social services agency or the parents to take whatever action is necessary and feasible
3.29to meet the child's needs, including, when appropriate, the provision by the social services
3.30agency of services to the parents which would enable the child to live at home, and order a
3.31disposition under section 260C.201.
3.32    (b) Find that the child has been abandoned by parents financially or emotionally, or
3.33that the developmentally disabled child does not require out-of-home care because of the
3.34disabling condition, in which case the court shall order the social services agency to file an
3.35appropriate petition pursuant to section 260C.141, subdivision 1, or 260C.307.
4.1    (c) When a child is in placement due solely to the child's developmental disability or
4.2emotional disturbance and the court finds that there are compelling reasons which permit
4.3the court to approve the continued voluntary placement of the child and retain jurisdiction
4.4to conduct reviews as required under section 260C.141, subdivision 2, the court shall give
4.5the parent notice by registered United States mail of the review requirements of section
4.6260C.141, subdivision 2, in the event the child continues in placement 12 months or longer.
4.7    Nothing in this section shall be construed to prohibit bringing a petition pursuant
4.8to section 260C.141, subdivision 1 or 4, sooner than required by court order pursuant to
4.9this section."
4.10Page 53, after line 15, insert

4.11    "Sec. 39. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 1,
4.12is amended to read:
4.13    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan
4.14shall be prepared within 30 days after any child is placed in a residential facility foster
4.15care by court order or by the a voluntary release of the child by placement agreement
4.16between the responsible social services agency and the child's parent or parents pursuant
4.17to subdivision 8 or chapter 260D.
4.18    For purposes of this section, a residential facility means any group home, family
4.19foster home or other publicly supported out-of-home residential facility, including any
4.20out-of-home residential facility under contract with the state, county or other political
4.21subdivision, or any agency thereof, to provide those services or foster care as defined in
4.22section 260C.007, subdivision 18.
4.23    (b) An out-of-home placement plan means a written document which is prepared by
4.24the responsible social services agency jointly with the parent or parents or guardian of the
4.25child and in consultation with the child's guardian ad litem, the child's tribe, if the child is
4.26an Indian child, the child's foster parent or representative of the residential facility, and,
4.27where appropriate, the child. For a child in placement due solely or in part to the child's
4.28emotional disturbance voluntary foster care for treatment under chapter 260D, preparation
4.29of the out-of-home placement plan shall additionally include the child's mental health
4.30treatment provider. As appropriate, the plan shall be:
4.31    (1) submitted to the court for approval under section 260C.178, subdivision 7;
4.32    (2) ordered by the court, either as presented or modified after hearing, under section
4.33260C.178, subdivision 7 , or 260C.201, subdivision 6; and
4.34    (3) signed by the parent or parents or guardian of the child, the child's guardian ad
4.35litem, a representative of the child's tribe, the responsible social services agency, and, if
4.36possible, the child.
5.1    (c) The out-of-home placement plan shall be explained to all persons involved in its
5.2implementation, including the child who has signed the plan, and shall set forth:
5.3    (1) a description of the residential facility including how the out-of-home placement
5.4plan is designed to achieve a safe placement for the child in the least restrictive, most
5.5family-like, setting available which is in close proximity to the home of the parent or
5.6parents or guardian of the child when the case plan goal is reunification, and how the
5.7placement is consistent with the best interests and special needs of the child according to
5.8the factors under subdivision 2, paragraph (b);
5.9    (2) the specific reasons for the placement of the child in a residential facility, and
5.10when reunification is the plan, a description of the problems or conditions in the home of
5.11the parent or parents which necessitated removal of the child from home and the changes
5.12the parent or parents must make in order for the child to safely return home;
5.13    (3) a description of the services offered and provided to prevent removal of the child
5.14from the home and to reunify the family including:
5.15    (i) the specific actions to be taken by the parent or parents of the child to eliminate
5.16or correct the problems or conditions identified in clause (2), and the time period during
5.17which the actions are to be taken; and
5.18    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
5.19to achieve a safe and stable home for the child including social and other supportive
5.20services to be provided or offered to the parent or parents or guardian of the child, the
5.21child, and the residential facility during the period the child is in the residential facility;
5.22    (4) a description of any services or resources that were requested by the child or the
5.23child's parent, guardian, foster parent, or custodian since the date of the child's placement
5.24in the residential facility, and whether those services or resources were provided and if
5.25not, the basis for the denial of the services or resources;
5.26    (5) the visitation plan for the parent or parents or guardian, other relatives as defined
5.27in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
5.28together in the residential foster care facility, and whether visitation is consistent with the
5.29best interest of the child, during the period the child is in the residential facility foster care;
5.30    (6) documentation of steps to finalize the adoption or legal guardianship of the child
5.31if the court has issued an order terminating the rights of both parents of the child or of the
5.32only known, living parent of the child. At a minimum, the documentation must include
5.33child-specific recruitment efforts such as relative search and the use of state, regional, and
5.34national adoption exchanges to facilitate orderly and timely placements in and outside
5.35of the state. A copy of this documentation shall be provided to the court in the review
5.36required under section 260C.317, subdivision 3, paragraph (b);
6.1    (7) the health and educational records of the child including the most recent
6.2information available regarding:
6.3    (i) the names and addresses of the child's health and educational providers;
6.4    (ii) the child's grade level performance;
6.5    (iii) the child's school record;
6.6    (iv) assurances that the child's placement in foster care takes into account proximity
6.7to the school in which the child is enrolled at the time of placement;
6.8    (v) a record of the child's immunizations;
6.9    (vi) the child's known medical problems, including any known communicable
6.10diseases, as defined in section 144.4172, subdivision 2;
6.11    (vii) the child's medications; and
6.12    (viii) any other relevant health and education information;
6.13    (8) an independent living plan for a child age 16 or older who is in placement as
6.14a result of a permanency disposition. The plan should include, but not be limited to,
6.15the following objectives:
6.16    (i) educational, vocational, or employment planning;
6.17    (ii) health care planning and medical coverage;
6.18    (iii) transportation including, where appropriate, assisting the child in obtaining a
6.19driver's license;
6.20    (iv) money management;
6.21    (v) planning for housing;
6.22    (vi) social and recreational skills; and
6.23    (vii) establishing and maintaining connections with the child's family and
6.24community; and
6.25    (9) for a child in placement due solely or in part to the child's emotional disturbance
6.26voluntary foster care for treatment under chapter 260D, diagnostic and assessment
6.27information, specific services relating to meeting the mental health care needs of the
6.28child, and treatment outcomes.
6.29    (d) The parent or parents or guardian and the child each shall have the right to legal
6.30counsel in the preparation of the case plan and shall be informed of the right at the time
6.31of placement of the child. The child shall also have the right to a guardian ad litem.
6.32If unable to employ counsel from their own resources, the court shall appoint counsel
6.33upon the request of the parent or parents or the child or the child's legal guardian. The
6.34parent or parents may also receive assistance from any person or social services agency
6.35in preparation of the case plan.
7.1    After the plan has been agreed upon by the parties involved or approved or ordered
7.2by the court, the foster parents shall be fully informed of the provisions of the case plan
7.3and shall be provided a copy of the plan.
7.4    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
7.5physical custodian, as appropriate, and the child, if appropriate, must be provided with a
7.6current copy of the child's health and education record."
7.7Page 53, line 19, strike "placement" and insert "foster care"
7.8Page 54, line 19, strike "or parents"
7.9Page 54, line 20, strike "a residential facility" and insert "foster care" and strike
7.10"placement due" insert "voluntary foster care for treatment under chapter 260D"
7.11Page 54, line 21, strike everything before the comma
7.12Page 54, line 23, strike "residential care of" and strike "child" and insert "child's
7.13placement in foster care"
7.14Page 54, line 34, strike "residential" and insert "foster"
7.15Page 55, line 5, strike "residential facility" and insert "foster care"
7.16Page 55, line 7, strike "who is not developmentally disabled or emotionally"
7.17Page 55, line 8, strike "disturbed" and insert "under subdivision 8"
7.18Page 58, after line 36, insert:

7.19    "Sec. 47. Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to
7.20read:
7.21    Subd. 8. Review of Voluntary placements foster care; required court review.
7.22    Except for a child in placement due solely to the child's developmental disability or
7.23emotional disturbance, if When the responsible social services agency and the child's
7.24parent or guardian agree that the child's safety, health, and best interests require that the
7.25child be in foster care, the agency and the parent or guardian may enter into a voluntary
7.26agreement for the placement of the child in foster care. The voluntary agreement must be
7.27in writing and in a form approved by the commissioner. When the child has been placed in
7.28a residential facility foster care pursuant to a voluntary release by foster care agreement
7.29between the agency and the parent or parents, under this subdivision and the child is not
7.30returned home within 90 days after initial placement in the residential facility foster care,
7.31the social services agency responsible for the child's placement in foster care shall:
7.32    (1) return the child to the home of the parent or parents; or
7.33    (2) file a petition according to section 260C.141, subdivision 1 or 2, which may:
7.34    (i) ask the court to review the child's placement in foster care and approve it as
7.35continued voluntary foster care for up to an additional 90 days;
8.1    (ii) ask the court to order continued out-of-home placement foster care according to
8.2sections 260C.178 and 260C.201; or
8.3    (iii) ask the court to terminate parental rights under section 260C.301.
8.4    The out-of-home placement plan must be updated and filed along with the petition.
8.5    If the court approves continued out-of-home placement continuing the child in foster
8.6care for up to 90 more days on a voluntary basis, at the end of the court-approved 90-day
8.7period, the child must be returned to the parent's home. If the child is not returned home,
8.8the responsible social services agency must proceed on the petition filed alleging the
8.9child in need of protection or services or the petition for termination of parental rights
8.10or other permanent placement of the child away from the parent. The court must find a
8.11statutory basis to order the placement of the child under section 260C.178; 260C.201;
8.12or 260C.317. "
8.13Page 59, after line 28, insert:

8.14    "Sec. 49. [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR
8.15TREATMENT.
8.16    (a) Sections 260D.001 to 260D.301, may be cited as the "child in voluntary foster
8.17care for treatment" provisions of the Juvenile Court Act.
8.18    (b) The juvenile court has original and exclusive jurisdiction over a child in
8.19voluntary foster care for treatment upon the filing of a report or petition required under
8.20this chapter. All obligations of the agency to a child and family in foster care contained in
8.21chapter 260C not inconsistent with this chapter are also obligations of the agency with
8.22regard to a child in foster care for treatment under this chapter.
8.23    (c) This chapter shall be construed consistently with the mission of the children's
8.24mental health service system as set out in section 245.487, subdivision 3, and the duties of
8.25an agency under section 256B.092, and Minnesota Rules, parts 9525.0004 to 9525.0016,
8.26to meet the needs of a child with a developmental disability or related condition. This
8.27chapter:
8.28    (1) establishes voluntary foster care through a voluntary foster care agreement as the
8.29means for an agency and a parent to provide needed treatment when the child must be in
8.30foster care to receive necessary treatment for an emotional disturbance or developmental
8.31disability or related condition;
8.32    (2) establishes court review requirements for a child in voluntary foster care for
8.33treatment due to emotional disturbance or developmental disability or a related condition;
8.34    (3) establishes the ongoing responsibility of the parent as legal custodian to visit the
8.35child, to plan together with the agency for the child's treatment needs, to be available and
9.1accessible to the agency to make treatment decisions, and to obtain necessary medical,
9.2dental, and other care for the child; and
9.3    (4) applies to voluntary foster care when the child's parent and the agency agree that
9.4the child's treatment needs require foster care either:
9.5    (i) due to a level of care determination by the agency's screening team informed by
9.6the diagnostic and functional assessment under section 245.4885; or
9.7    (ii) due to a determination regarding the level of services needed by the responsible
9.8social services' screening team under section 256B.092, and Minnesota Rules, parts
9.99525.0004 to 9525.0016.
9.10    (d) This chapter does not apply when there is a current determination under section
9.11626.556 that the child requires child protective services or when the child is in foster care
9.12for any reason other than treatment for the child's emotional disturbance or developmental
9.13disability or related condition. When there is a determination under section 626.556 that
9.14the child requires child protective services based on an assessment that there are safety
9.15and risk issues for the child that have not been mitigated through the parent's engagement
9.16in services or otherwise, or when the child is in foster care for any reason other than
9.17the child's emotional disturbance or developmental disability or related condition, the
9.18provisions of chapter 260C apply.
9.19    (e) The paramount consideration in all proceedings concerning a child in voluntary
9.20foster care for treatment is the safety, health, and the best interests of the child. The
9.21purpose of this chapter is:
9.22    (1) to ensure a child with a disability is provided the services necessary to treat or
9.23ameliorate the symptoms of the child's disability;
9.24    (2) to preserve and strengthen the child's family ties whenever possible and in the
9.25child's best interests, approving the child's placement away from the child's parents only
9.26when the child's need for care or treatment requires it, and the child cannot be maintained
9.27in the home of the parent; and
9.28    (3) to ensure the child's parent retains legal custody of the child and associated
9.29decision-making authority unless the child's parent willfully fails or is unable to make
9.30decisions that meet the child's safety, health, and best interests. The court may not find
9.31the parent willfully fails or is unable to make decisions that meet the child's needs solely
9.32because the parent disagrees with the agency's choice of foster care facility, unless the
9.33agency files a petition under chapter 260C, and establishes by clear and convincing
9.34evidence that the child is in need of protection or services.
9.35    (f) The legal parent-child relationship shall be supported under this chapter by
9.36maintaining the parent's legal authority and responsibility for ongoing planning for the
10.1child and by the agency's assisting the parent, where necessary, to exercise the parent's
10.2ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing
10.3planning means:
10.4    (1) actively participating in the planning and provision of educational services,
10.5medical, and dental care for the child;
10.6    (2) actively planning and participating with the agency and the foster care facility
10.7for the child's treatment needs; and
10.8    (3) planning to meet the child's need for safety, stability, and permanency, and the
10.9child's need to stay connected to the child's family and community.
10.10    (g) The provisions of section 260.012 to ensure placement prevention, family
10.11reunification, and all active and reasonable effort requirements of that section apply. This
10.12chapter shall be construed consistently with the requirements of the Indian Child Welfare
10.13Act of 1978, United States Code, title 25, section 1901, et.al., and the provisions of the
10.14Minnesota Indian Family Preservation Act, sections 260.071 to 260.835.

10.15    Sec. 50. [260D.005] DEFINITIONS.
10.16    Subdivision 1. Definitions. The definitions in this section supplement the definitions
10.17in section 260C.007. The definitions in section 260C.007 apply to this chapter and have
10.18the same meaning for purposes of this chapter as for chapter 260C.
10.19    Subd. 2. Agency. "Agency" means the responsible social services agency or
10.20a licensed child-placing agency.
10.21    Subd. 3. Case plan. "Case plan" means any plan for the delivery of services
10.22to a child and parent, or when reunification is not required, the child alone, that is
10.23developed according to the requirements of sections 245.4871, subdivision 19 or 21;
10.24245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10;
10.25and Minnesota Rules, parts 9525.0004 to 9525.0016.
10.26    Subd. 4. Child. "Child" means an individual under 18 years of age.
10.27    Subd. 5. Child in voluntary foster care for treatment. "Child in voluntary foster
10.28care for treatment" means a child who is emotionally disturbed or developmentally
10.29disabled or has a related condition and is in foster care under a voluntary foster care
10.30agreement between the child's parent and the agency due to concurrence between the
10.31agency and the parent that the child's level of care requires placement in foster care either:
10.32    (1) due to a determination by the agency's screening team based on its review of the
10.33diagnostic and functional assessment under section 245.4885; or
10.34    (2) due to a determination by the agency's screening team under section 256B.092,
10.35and Minnesota Rules, parts 9525.0004 to 9525.0016.
11.1    A child is not in voluntary foster care for treatment under this chapter when there
11.2is a current determination under section 626.556, that the child requires child protective
11.3services or when the child is in foster care for any reason other than the child's emotional
11.4or developmental disability or related condition.
11.5    Subd. 6. Compelling reasons. "Compelling reasons" has the same meaning as it is
11.6used in section 260C.007, subdivision 8. The agency may determine compelling reasons
11.7when the child is in foster care for treatment and no grounds to terminate parental rights
11.8exist because the child must be in placement to access treatment, the child's individual
11.9treatment needs cannot be met in the childs' home or through community-based care, and
11.10the parent continues to be responsible for planning together with the agency for the child's
11.11needs and maintains appropriate contact with the child.
11.12    Subd. 7. Court. "Court" means juvenile court unless otherwise specified in this
11.13section.
11.14    Subd. 8. Development disability. "Developmental disability" means developmental
11.15disability as defined in United States Code, title 42, section 6001(8).
11.16    Subd. 9. Emotionally disturbed or emotional disturbance. "Emotionally
11.17disturbed" or "emotional disturbance" means emotional disturbance as described in
11.18section 245.4871, subdivision 15.
11.19    Subd. 10. Foster care. "Foster care" means 24-hour substitute care for children
11.20placed away from their parents and for whom an agency has placement and care
11.21responsibility. Foster care includes, but is not limited to, placement in foster family homes,
11.22foster homes of relatives, group homes, emergency shelters, residential facilities not
11.23excluded in this subdivision, child care institutions, and preadoptive homes. A child is in
11.24foster care under this definition, regardless of whether the facility is licensed and payments
11.25are made for the cost of care. Nothing in this definition creates any authority to place a
11.26child in a home or facility that is required to be licensed that is not licensed. Foster care
11.27does not include placement in any of the following facilities: hospitals, inpatient chemical
11.28dependency treatment facilities, facilities that are primarily for delinquent children,
11.29any corrections facility or program within a particular corrections facility not meeting
11.30requirements for Title IV-E facilities as determined by the commissioner, facilities to
11.31which a child is committed under the provision of chapter 253B, forestry camps, or jails.
11.32    Subd. 11. Legal authority to place the child. "Legal authority to place the child"
11.33means the agency has legal responsibility for the care and control of the child while the
11.34child is in foster care. The agency may acquire legal authority to place a child through
11.35a voluntary placement agreement between the agency and the child's parent under this
12.1chapter. Legal authority to place the child does not mean the agency has authority to make
12.2major life decisions regarding the child, including major medical decisions. A parent with
12.3legal custody of the child continues to have legal authority to make major life decisions
12.4regarding the child, including major medical decisions.
12.5    Subd. 12. Minor. "Minor" means an individual under 18 years of age.
12.6    Subd. 13. Parent. "Parent" means the birth or adoptive parent of a minor. Parent
12.7also means the child's legal guardian or any individual who has legal authority to
12.8make decisions and plans for the child. For an Indian child, parent includes any Indian
12.9person who has adopted a child by tribal law or custom, as provide in section 260.755,
12.10subdivision 14.
12.11    Subd. 14. Reasonable efforts to finalize a permanent plan for the child.
12.12    "Reasonable efforts to finalize a permanent plan for the child" has the same meaning under
12.13this chapter as provided in section 260.012, paragraph (e).

12.14    Sec. 51. [260D.101] VOLUNTARY FOSTER CARE.
12.15    Subdivision 1. Voluntary foster care. When the agency's screening team, based
12.16upon the diagnostic and functional assessment under section 245.4885 or 256B.092,
12.17subdivision 7, determines the child's need for treatment due to emotional disturbance or
12.18developmental disability or related condition requires foster care placement of the child,
12.19a voluntary foster care agreement between the child's parent and the agency gives the
12.20agency legal authority to place the child in foster care.
12.21    Subd. 2. Voluntary foster care agreement. A voluntary foster care agreement
12.22shall be used to provide the agency the legal authority to place a child in foster care for
12.23treatment due to the child's disability. The agreement must be in writing and signed by
12.24both the child's parent and the agency. The agreement must be in a form approved by the
12.25commissioner of human services, and shall contain notice to parents of the consequences
12.26to the parent and to the child of being in voluntary foster care.

12.27    Sec. 52. [260D.102] REQUIRED INFORMATION FOR A CHILD IN
12.28VOLUNTARY FOSTER CARE FOR TREATMENT.
12.29    An agency with authority to place a child in voluntary foster care for treatment due
12.30to emotional disturbance or developmental disability or related condition, shall inform the
12.31child, age 12 or older, of the following:
12.32    (a) The child has the right to be consulted in the preparation of the out-of-home
12.33placement plan required under section 260C.212, subdivision 1, and the administrative
12.34review required under section 260C.212, subdivision 7.
13.1    (b) The child has the right to visit the parent and the right to visit the child's siblings
13.2as determined safe and appropriate by the parent and the agency.
13.3    (c) If the child disagrees with the foster care facility or services provided under
13.4the out-of-home placement plan required under section 260C.212, subdivision 1, the
13.5agency shall include information about the nature of the child's disagreement and, to the
13.6extent possible, the agency's understanding of the basis of the child's disagreement in the
13.7information provided to the court in the report required under section 260D.105.
13.8    (d) The child has the rights established under Minnesota Rules, part 2960.0050, as a
13.9resident of a facility licensed by the state.

13.10    Sec. 53. [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY
13.11FOSTER CARE FOR TREATMENT.
13.12    The administrative reviews required under section 260C.212, subdivision 7, must
13.13be conducted for a child in voluntary foster care for treatment, except that the initial
13.14administrative review must take place prior to the submission of the report to the court
13.15required under section 260D.105, subdivision 2.

13.16    Sec. 54. [260D.105] AGENCY REPORT TO THE COURT AND COURT
13.17REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE
13.18TO DISABILITY.
13.19    Subdivision 1. Judicial review. In the case of a child in voluntary foster care for
13.20treatment due to disability under section 260D.101, the agency shall obtain judicial review
13.21of the child's voluntary foster care placement within 165 days of the placement.
13.22    Subd. 2. Agency report to court; court review. The agency shall obtain judicial
13.23review by reporting to the court according to the following procedures:
13.24    (a) A written report shall be forwarded to the court within 165 days of the date of the
13.25voluntary placement agreement. The written report shall contain or have attached:
13.26    (1) a statement of facts that necessitate the child's foster care placement;
13.27    (2) the child's name, date of birth, race, gender, and current address;
13.28    (3) the names, race, date of birth, residence, and post office addresses of the child's
13.29parents or legal custodian;
13.30    (4) a statement regarding the child's eligibility for membership or enrollment in an
13.31Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to
13.32260.835;
13.33    (5) the names and addresses of the foster parents or chief administrator of the facility
13.34in which the child is placed, if the child is not in a family foster home or group home;
14.1    (6) a copy of the out-of-home placement plan required under section 260C.212,
14.2subdivision 1;
14.3    (7) a written summary of the proceedings of any administrative review required
14.4under section 260C.212, subdivision 7; and
14.5    (8) any other information the agency, parent or legal custodian, the child or the foster
14.6parent, or other residential facility wants the court to consider.
14.7    (b) In the case of a child in placement due to emotional disturbance, the written
14.8report shall include as an attachment, the child's individual treatment plan developed by
14.9the child's treatment professional, as provided in section 245.4871, subdivision 21, or
14.10the child's individual interagency intervention plan, as provided in section 125A.023,
14.11subdivision 3, paragraph (c).
14.12    (c) In the case of a child in placement due to developmental disability or a related
14.13condition, the written report shall include as an attachment, the child's individual service
14.14plan, as provided in section 256B.092, subdivision 1b; the child's individual program
14.15plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver
14.16care plan; or the child's individual interagency intervention plan, as provided in section
14.17125A.023, subdivision 3, paragraph (c).
14.18    (d) The agency must inform the child, age 12 or older, the child's parent, and the
14.19foster parent or foster care facility of the reporting and court review requirements of this
14.20section and of their right to submit information to the court:
14.21    (1) if the child or the child's parent or the foster care provider wants to send
14.22information to the court, the agency shall advise those persons of the reporting date and the
14.23date by which the agency must receive the information they want forwarded to the court so
14.24the agency is timely able submit it with the agency's report required under this subdivision;
14.25    (2) the agency must also inform the child, age 12 or older, the child's parent, and
14.26the foster care facility that they have the right to be heard in person by the court and
14.27how to exercise that right;
14.28    (3) the agency must also inform the child, age 12 or older, the child's parent, and
14.29the foster care provider that an in-court hearing will be held if requested by the child,
14.30the parent, or the foster care provider; and
14.31    (4) if, at the time required for the report under this section, a child, age 12 or older,
14.32disagrees about the foster care facility or services provided under the out-of-home
14.33placement plan required under section 260C.212, subdivision 1, the agency shall include
14.34information regarding the child's disagreement, and to the extent possible, the basis for the
14.35child's disagreement in the report required under this section.
15.1    (e) After receiving the required report, the court has jurisdiction to make the
15.2following determinations and must do so within ten days of receiving the forwarded
15.3report, whether a hearing is requested:
15.4    (1) whether the voluntary foster care arrangement is in the child's best interests;
15.5    (2) whether the parent and agency are appropriately planning for the child; and
15.6    (3) in the case of a child age 12 or older, who disagrees with the foster care facility
15.7or services provided under the out-of-home placement plan, whether it is appropriate to
15.8appoint counsel and a guardian ad litem for the child using standards and procedures
15.9under section 260C.163.
15.10    (f) Unless requested by a parent, representative of the foster care facility, or the
15.11child, no in-court hearing is required in order for the court to make findings and issue an
15.12order as required in paragraph (e).
15.13    (g) If the court finds the voluntary foster care arrangement is in the child's best
15.14interests and that the agency and parent are appropriately planning for the child, the
15.15court shall issue an order containing explicit, individualized findings to support its
15.16determination. The individualized findings shall be based on the agency's written report
15.17and other materials submitted to the court. The court may make this determination
15.18notwithstanding the child's disagreement, if any, reported under paragraph (d).
15.19    (h) The court shall send a copy of the order to the county attorney, the agency,
15.20parent, child, age 12 or older, and the foster parent or foster care facility.
15.21    (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
15.22representative of the foster care facility notice of the permanency review hearing required
15.23under section 260D.107, paragraph (e).
15.24    (j) If the court finds continuing the voluntary foster care arrangement is not in the
15.25child's best interest or that the agency or the parent are not appropriately planning for the
15.26child, the court shall notify the agency, the parent, the foster parent or foster care facility,
15.27the child, age 12 or older, and the county attorney of the court's determinations and the
15.28basis for the court's determinations. In this case, the court shall set the matter for hearing
15.29and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.

15.30    Sec. 55. [260D.107] REQUIRED PERMANENCY REVIEW HEARING.
15.31    (a) When the court has found that the voluntary arrangement is in the child's best
15.32interests and that the agency and parent are appropriately planning for the child pursuant
15.33to the report submitted under section 260D.105, and the child continues in voluntary
15.34foster care as defined in section 260D.007, subdivision 10, for 13 months from the date
15.35of the voluntary foster care agreement, or has been in placement for 15 of the last 22
15.36months, the agency must:
16.1    (1) terminate the voluntary foster care agreement and return the child home; or
16.2    (2) determine whether there are compelling reasons to continue the voluntary foster
16.3care arrangement and, if the agency determines there are compelling reasons, seek judicial
16.4approval if its determination; or
16.5    (3) file a petition for the termination of parental rights.
16.6    (b) When the agency is asking for the court's approval of its determination that there
16.7are compelling reasons to continue the child in the voluntary foster care arrangement, the
16.8agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary
16.9Foster Care for Treatment" and ask the court to proceed under this section.
16.10    (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster
16.11Care for Treatment" shall be drafted or approved by the county attorney and be under
16.12oath. The petition shall include:
16.13    (1) the date of the voluntary placement agreement;
16.14    (2) whether the petition is due to the child's developmental disability or emotional
16.15disturbance;
16.16    (3) the plan for the ongoing care of the child and the parent's participation in the plan;
16.17    (4) a description of the parent's visitation and contact with the child;
16.18    (5) the date of the court finding that the foster care placement was in the best
16.19interests of the child, if required under section 260D.105, or the date the agency filed the
16.20motion under section 260D.201, paragraph (b);
16.21    (6) the agency's reasonable efforts to finalize the permanent plan for the child,
16.22including returning the child to the care of the child's family; and
16.23    (7) a citation to this chapter as the basis for the petition.
16.24    (d) An updated copy of the out-of-home placement plan required under section
16.25260C.212, subdivision 1, shall be filed with the petition.
16.26    (e) the court shall set the date for the permanency review hearing no later than 14
16.27months after the child has been in placement or within 30 days of the petition filing date
16.28when the child has been in placement 15 of the last 22 months. The court shall serve the
16.29petition together with a notice of hearing by United States mail on the parent, the child
16.30age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the
16.31county attorney, and counsel for any party.
16.32    (f) The court shall conduct the permanency review hearing on the petition no later
16.33than 14 months after the date of the voluntary placement agreement, within 30 days of the
16.34filing of the petition when the child has been in placement 15 days of the last 22 months,
16.35or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster
16.36care under chapter 260C, as provided in section 260D.201, paragraph (b).
17.1    (g) At the permanency review hearing, the court shall:
17.2    (1) inquire of the parent if the parent has reviewed the "Petition for Permanency
17.3Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is
17.4accurate, and whether the parent agrees to the continued voluntary foster care arrangement
17.5as being in the child's best interests;
17.6    (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts
17.7to finalize the permanent plan for the child, including whether there are services available
17.8and accessible to the parent that might allow the child to safely be with the child's family;
17.9    (3) inquire of the parent if the parent consents to the court entering an order that:
17.10    (i) approves the responsible agency's reasonable efforts to finalize the permanent
17.11plan for the child, which includes ongoing future planning for the safety, health, and best
17.12interest of the child; and
17.13    (ii) approves the responsible agency's determination that there are compelling
17.14reasons why the continued voluntary foster care arrangement is in the child's best interest;
17.15    (4) inquire of the child's guardian ad litem and any other party whether the guardian
17.16or the party agrees that:
17.17    (i) the court should approve the responsible agency's reasonable efforts to finalize
17.18the permanent plan for the child, which includes ongoing and future planning for the
17.19safety, health, and best interest of the child; and
17.20    (ii) the court should approve of the responsible agency's determination that there
17.21are compelling reasons why the continued voluntary foster care arrangement is in the
17.22child's best interest.
17.23    (h) At a permanency review hearing under this section, the court may take the
17.24following actions based on the contents of the sworn petition and the consent of the parent:
17.25    (1) approve the agency's compelling reasons that the voluntary foster care
17.26arrangement is in the best interests of the child; and
17.27    (2) find that the agency has made reasonable efforts to finalize a plan for the
17.28permanent plan for the child.
17.29    (i) A child, age 12 or older, may object to the agency's request that the court approve
17.30its compelling reasons for the continued voluntary arrangement and may be heard on the
17.31reasons for the objection. Notwithstanding the child's objection, the court may approve
17.32the agency's compelling reasons and the voluntary arrangement.
17.33    (j) If the court does not approve the voluntary arrangement after hearing from the
17.34child or the child's guardian ad litem, the court shall dismiss the petition. In this case,
17.35either:
17.36    (1) the child must be returned to the care of the parent; or
18.1    (2) the agency must file a petition under section 260C.141, asking for appropriate
18.2relief under section 260C.201, subdivision 11, or 260C.301.
18.3    (k) When the court approves the agency's compelling reasons for the child to
18.4continue in voluntary foster care for treatment, and finds that the agency has made
18.5reasonable efforts to finalize a permanent plan for the child, the court shall approve the
18.6continued voluntary foster care arrangement, and continue the matter under the court's
18.7jurisdiction for the purposes of reviewing the child's placement every 12 months while
18.8the child is in foster care.
18.9    (l) A finding that the court approves the continued voluntary placement means
18.10the agency has continued legal authority to place the child while a voluntary placement
18.11agreement remains in effect. The parent or the agency may terminate a voluntary
18.12agreement as provided in section 260D.301. Termination of a voluntary foster care
18.13placement of an Indian child is governed by section 260.765, subdivision 4.

18.14    Sec. 56. [260D.109] ANNUAL REVIEW.
18.15    (a) After the court conducts a permanency review hearing under section 260D.107,
18.16the matter must be returned to the court for further review of the child's foster care
18.17placement at least every 12 months while the child is in foster care. The court shall give
18.18notice to the parent and child, age 12 or older, and the foster parents of the continued
18.19review requirements under this section at the permanency review hearing.
18.20    (b) Every 12 months, the court shall determine whether the agency made reasonable
18.21efforts to finalize the permanency plan for the child, which means the exercise of due
18.22diligence by the agency to:
18.23    (1) ensure that the agreement for voluntary foster care is the most appropriate legal
18.24arrangement to meet the child's safety, health, and best interests;
18.25    (2) engage and support the parent in continued involvement in planning and decision
18.26making for the needs of the child;
18.27    (3) strengthen the child's ties to the parent, relatives, and community;
18.28    (4) implement the out-of-home placement plan required under section 260C.212,
18.29subdivision 1, and ensure that the plan requires the provision of appropriate services to
18.30address the physical health, mental health, and educational needs of the child; and
18.31    (5) ensure appropriate planning for the child's safe, permanent, and independent
18.32living arrangement after the child's 18th birthday.

18.33    Sec. 57. [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION
18.34UNDER CHAPTER 260C.
19.1    (a) If a child has been ordered into foster care under section 260C.178 or 260C.201,
19.2subdivision 1, and the conditions that led to the court's order have been corrected so
19.3that the child could safely return home except for the child's need to continue in foster
19.4care for treatment due to the child's disability, the child's parent and the agency may
19.5enter into a voluntary foster care agreement under this chapter using the procedure set
19.6out in paragraph (b).
19.7    (b) When the agency and the parent agree to enter into a voluntary foster care
19.8agreement under this chapter, the agency must file a motion to terminate jurisdiction
19.9under section 260C.193, subdivision 6, and to dismiss the order for foster care under
19.10section 260C.178 or 260C.201, subdivision 1, together with the petition required under
19.11section 260D.107, paragraph (b), for permanency review and the court's approval of the
19.12voluntary arrangement.
19.13    (c) The court shall send the motion and the petition filed under subdivision 2 together
19.14with a notice of hearing by mail as required in section 260D.107, paragraph (e).
19.15    (d) The petition and motion under this section must be filed no later than the time
19.16the agency is required to file a petition for permanent placement under section 260C.201,
19.17subdivision 11, but may be filed as soon as the agency and the parent agree that the child
19.18should remain in foster care under a voluntary foster care agreement, because the child
19.19needs treatment and voluntary foster care is in the child's best interest.
19.20    (e) In order for the agency to have continuous legal authority to place the child, the
19.21parent and the agency must execute a voluntary foster care agreement for the child's
19.22continuation in foster care for treatment prior to the termination of the order for foster care
19.23under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute
19.24the voluntary foster care agreement at or before the permanency review hearing required
19.25under this section. The voluntary foster care agreement shall not be effective until the
19.26court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the
19.27order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the
19.28agency and the parent execute a voluntary placement agreement for the child to continue
19.29in voluntary foster care for treatment, the agency shall not have legal authority to place the
19.30child after the court terminates jurisdiction under chapter 260C.

19.31    Sec. 58. [260D.301] TERMINATION OF VOLUNTARY PLACEMENT
19.32AGREEMENT.
19.33    (a) The child's parent may terminate a voluntary placement agreement under this
19.34chapter upon written notice to the agency of the termination of the agreement. The
19.35termination of a voluntary foster care agreement regarding an Indian child shall be
19.36governed by section 260.765, subdivision 4.
20.1    (b) The agency may terminate a voluntary placement agreement under this section
20.2upon written notice of the termination of the agreement to the parent. Prior to sending
20.3notice of termination of the voluntary foster care placement agreement, the agency shall
20.4contact the parent regarding transition planning under paragraph (e). Written notice by
20.5the agency shall be considered received by the parent three business days after mailing
20.6by the agency.
20.7    (c) Upon receipt of notice of the termination of the voluntary foster care agreement,
20.8the agency, the parent, and the facility may agree to a time that the child shall return home.
20.9The scheduled time to return home shall meet the child's need for safety and reasonable
20.10transition. Unless otherwise agreed by the parent and the agency, the child's return home
20.11shall not occur sooner than 72 hours and not later than 30 days after written notice of
20.12termination is received or sent by the agency.
20.13    (d) A parent who disagrees with the termination of a voluntary foster care agreement
20.14by the agency under this chapter has the right to a fair hearing under section 256.045 to
20.15appeal the termination of the voluntary foster care agreement. When the agency gives
20.16written notice to the parent of the termination of the agreement, the agency must also give
20.17the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the
20.18agency's decision to terminate the voluntary foster care agreement.
20.19    (e) The agency and the child's parents shall engage in transition planning for the
20.20child's return home, including establishing a scheduled time for the child to return home,
20.21an increased visitation plan between the parent and child, and a plan for what services
20.22will be provided and in place upon the child's return home.
20.23    (f) Notice of termination of voluntary foster care agreement does not terminate the
20.24agreement. The voluntary foster care agreement and the agency's legal authority to place
20.25the child are terminated by the child's return home or by court order."