Change active efforts to reasonable efforts in the Minnesota African American Family Preservation and Child Welfare Disproportionality Act

A bill for an act

relating to children; changing active efforts to reasonable efforts in the Minnesota

African American Family Preservation and Child Welfare Disproportionality Act;

amending Minnesota Statutes 2024, sections 260.64; 260.641; 260.67, subdivision

3; 260.68, subdivision 2; Minnesota Statutes 2025 Supplement, section 260.65;

repealing Minnesota Statutes 2024, section 260.63, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 260.64, is amended to read:

260.64 DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND PROMOTE

FAMILY REUNIFICATION.

Subdivision 1.

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Active
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Reasonable
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efforts
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to prevent out-of-home placement or

removal
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.

A responsible social services agency shall make
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active
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reasonable
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efforts to prevent

the out-of-home placement of an African American or a disproportionately represented

child, eliminate the need for a child's removal from the child's home, and reunify an African

American or a disproportionately represented child with the child's family as soon as

practicable.

Subd. 2.

Safety plan.

(a) Prior to petitioning the court to remove an African American

or a disproportionately represented child from the child's home under section
260.66
, a

responsible social services agency must work with the child's family to allow the child to

remain in the child's home while implementing a safety plan based on the family's needs.

The responsible social services agency must:

(1) make
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active
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reasonable
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efforts to engage the child's parent or custodian and the child,

when appropriate;

(2) assess the family's cultural and economic needs and, if applicable, needs and services

related to the child's disability;

(3) hold a family group consultation meeting and connect the family with supports to

establish a safety network for the family; and

(4) provide support, guidance, and input to assist the family and the family's safety

network with developing the safety plan.

(b) The safety plan must:

(1) address the specific allegations impacting the child's safety in the home. If neglect

is alleged, the safety plan must incorporate economic services and supports for the child

and the child's family, if eligible, to address the family's specific needs and prevent neglect;

(2) incorporate family and community support to ensure the child's safety while keeping

the family intact; and

(3) be adjusted as needed to address the child's and family's ongoing needs and support.

(c) The responsible social services agency is not required to establish a safety plan:

(1) in a case with allegations of sexual abuse or egregious harm;

(2) when the parent is not willing to follow a safety plan;

(3) when the parent has abandoned the child or is unavailable to follow a safety plan;

or

(4) when the parent has chronic substance use disorder issues and is unable to parent

the child.

Subd. 3.

Out-of-home placement prohibited.

Unless the court finds by clear and

convincing evidence that the child would be at risk of serious emotional damage or serious

physical damage if the child were to remain in the child's home, a court shall not order a

foster care or permanent out-of-home placement of an African American or a

disproportionately represented child alleged to be in need of protection or services. At each

hearing regarding an African American or a disproportionately represented child who is

alleged or adjudicated to be in need of child protective services, the court shall review

whether the responsible social services agency has provided
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active
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reasonable
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efforts to the

child and the child's family and shall require the responsible social services agency to provide

evidence and documentation that demonstrate that the agency is providing culturally

informed, strength-based, community-involved, and community-based services to the child

and the child's family.

Subd. 4.

Required findings that
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reasonable
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efforts were provided.

When

determining whether the responsible social services agency has made
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reasonable
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efforts to preserve the child's family, the court shall make findings regarding whether the

responsible social services agency made appropriate and meaningful services available to

the child's family based upon the family's specific needs. If a court determines that the

responsible social services agency did not make
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active
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reasonable
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efforts to preserve the

family as required by this section, the court shall order the responsible social services agency

to immediately provide
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active
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reasonable
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efforts to the child and child's family to preserve

the family.

Sec. 2.

Minnesota Statutes 2024, section 260.641, is amended to read:

260.641 ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN

AND DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME

PLACEMENT.

A responsible social services agency must engage in best practices related to visitation

when an African American or a disproportionately represented child is in out-of-home

placement. When the child is in out-of-home placement, the responsible social services

agency shall make
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reasonable
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efforts to facilitate regular and frequent visitation

between the child and the child's parents or custodians, the child's siblings, and the child's

relatives. If visitation is infrequent between the child and the child's parents, custodians,

siblings, or relatives, the responsible social services agency shall make
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reasonable
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efforts to increase the frequency of visitation and address any barriers to visitation.

Sec. 3.

Minnesota Statutes 2025 Supplement, section 260.65, is amended to read:

260.65 NONCUSTODIAL PARENTS; RELATIVE PLACEMENT.

(a) Prior to the removal of an African American or a disproportionately represented child

from the child's home, the responsible social services agency must make
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active
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reasonable
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efforts to identify and locate the child's noncustodial or nonadjudicated parent and the child's

relatives to notify the child's parent and relatives that the child is or will be placed in foster

care and provide the child's parent and relatives with a list of legal resources. The notice to

the child's noncustodial or nonadjudicated parent and relatives must also include the

information required under section
260C.221, subdivision 2
, paragraph (b). The responsible

social services agency must maintain detailed records of the agency's efforts to notify parents

and relatives under this section.

(b) Notwithstanding the provisions of section
260C.219
, the responsible social services

agency must assess an African American or a disproportionately represented child's

noncustodial or nonadjudicated parent's ability to care for the child before placing the child

in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide

daily care for the African American or disproportionately represented child temporarily or

permanently, the court shall order the child into the home of the noncustodial or

nonadjudicated parent pursuant to section
260C.178
or
260C.201, subdivision 1
. The

responsible social services agency must make
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reasonable
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efforts to assist a noncustodial

or nonadjudicated parent with remedying any issues that may prevent the child from being

ordered into the home of a noncustodial or nonadjudicated parent.

(c) The relative search, notice, engagement, and placement consideration requirements

under section
260C.221
apply under this act.

Sec. 4.

Minnesota Statutes 2024, section 260.67, subdivision 3, is amended to read:

Subd. 3.

Termination of parental rights; exceptions.

(a) The court may terminate the

parental rights of a parent of an African American or a disproportionately represented child

if a transfer of permanent legal and physical custody under subdivision 1 is not possible

because the child has no willing or able noncustodial parent or relative to whom custody

can be transferred, if it finds that one or more of the following conditions exist:

(1) that the parent has abandoned the child;

(2) that a parent is palpably unfit to be a party to the parent and child relationship because

of a consistent pattern of specific conduct before the child or of specific conditions directly

relating to the parent and child relationship, either of which are determined by the court to

be of a duration or nature that renders the parent unable, for the reasonably foreseeable

future, to care appropriately for the ongoing physical, mental, or emotional needs of the

child;

(3) that following the child's placement out of the home,
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reasonable
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efforts, under

the direction of the court, have failed to correct the conditions leading to the child's

placement. It is presumed that
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efforts under this clause have failed upon

a showing that:

(i) a child has resided out of the parental home under court order for a cumulative period

of 12 months within the preceding 22 months. In the case of a child under age eight at the

time that the petition was filed alleging the child to be in need of protection or services, the

presumption arises when the child has resided out of the parental home under court order

for six months unless the parent has maintained regular contact with the child and the parent

is complying with the out-of-home placement plan;

(ii) the court has approved the out-of-home placement plan required under section

260C.212
and filed with the court under section
260C.178
;

(iii) conditions leading to the out-of-home placement have not been corrected. It is

presumed that conditions leading to a child's out-of-home placement have not been corrected

upon a showing that the parent or parents have not substantially complied with the court's

orders and a reasonable case plan; and

(iv)
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reasonable
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efforts have been made by the responsible social services agency

to rehabilitate the parent and reunite the family; and

(4) that a child has experienced egregious harm in the parent's care that is of a nature,

duration, or chronicity that indicates a lack of regard for the child's well-being, such that a

reasonable person would believe it contrary to the best interests of the child or of any child

to be in the parent's care.

(b) For purposes of paragraph (a), clause (1), abandonment is presumed when:

(1) the parent has had no contact with the child on a regular basis and has not

demonstrated consistent interest in the child's well-being for six months and the social

services agency has made
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efforts to facilitate contact with the parent,

unless the parent establishes that an extreme financial or physical hardship or treatment for

mental disability or substance use disorder or other good cause prevented the parent from

making contact with the child. This presumption does not apply to children whose custody

has been determined under chapter 257 or 518; or

(2) the child is an infant under two years of age and has been deserted by the parent

under circumstances that show an intent not to return to care for the child.

Sec. 5.

Minnesota Statutes 2024, section 260.68, subdivision 2, is amended to read:

Subd. 2.

Case review.

(a) Each responsible social services agency shall conduct a review

of all child welfare cases for African American and other disproportionately represented

children handled by the agency. Each responsible social services agency shall create a

summary report of trends identified under paragraphs (b) and (c), a remediation plan as

provided in paragraph (d), and an update on implementation of any previous remediation

plans. The first report shall be provided to the African American Child Well-Being Advisory

Council, the commissioner, and the chairs and ranking minority members of the legislative

committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter.

For purposes of determining outcomes in this subdivision, responsible social services

agencies shall use guidance from the commissioner. The commissioner shall provide guidance

starting on November 1, 2028, and annually thereafter.

(b) The case review must include:

(1) the number of African American and disproportionately represented children

represented in the county child welfare system;

(2) the number and sources of maltreatment reports received and reports screened in for

investigation or referred for family assessment and the race of the children and parents or

custodians involved in each report;

(3) the number and race of children and parents or custodians who receive in-home

preventive case management services;

(4) the number and race of children whose parents or custodians are referred to

community-based, culturally appropriate, strength-based, or trauma-informed services;

(5) the number and race of children removed from their homes;

(6) the number and race of children reunified with their parents or custodians;

(7) the number and race of children whose parents or custodians are offered family group

decision-making services;

(8) the number and race of children whose parents or custodians are offered the parent

support outreach program;

(9) the number and race of children in foster care or out-of-home placement at the time

that the data is gathered;

(10) the number and race of children who achieve permanency through a transfer of

permanent legal and physical custody to a relative or an adoption; and

(11) the number and race of children who are under the guardianship of the commissioner

or awaiting a permanency disposition.

(c) The required case review must also:

(1) identify barriers to reunifying children with their families;

(2) identify the family conditions that led to the out-of-home placement;

(3) identify any barriers to accessing culturally informed mental health or substance use

disorder treatment services for the parents or children;

(4) document efforts to identify fathers and maternal and paternal relatives and to provide

services to custodial and noncustodial fathers, if appropriate; and

(5) document and summarize court reviews of
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efforts.

(d) Any responsible social services agency that has a case review showing

disproportionality and disparities in child welfare outcomes for African American and other

disproportionately represented children and the children's families, compared to the agency's

overall outcomes, must include in their case review summary report a remediation plan with

measurable outcomes to identify, address, and reduce the factors that led to the

disproportionality and disparities in the agency's child welfare outcomes. The remediation

plan shall also include information about how the responsible social services agency will

achieve and document trauma-informed, positive child well-being outcomes through

remediation efforts.

Sec. 6.
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REPEALER.
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Minnesota Statutes 2024, section 260.63, subdivision 2,

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is repealed.

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APPENDIX

Repealed Minnesota Statutes: 26-05926

260.63 DEFINITIONS.

Subd. 2.

Active efforts.

"Active efforts" means a rigorous and concerted level of effort that the responsible social services agency must continuously make throughout the time that the responsible social services agency is involved with an African American or a disproportionately represented child and the child's family. To provide active efforts to preserve an African American or a disproportionately represented child's family, the responsible social services agency must continuously involve an African American or a disproportionately represented child's family in all services for the family, including case planning and choosing services and providers, and inform the family of the ability to file a report of noncompliance with this act with the commissioner through the child welfare compliance and feedback portal. When providing active efforts, a responsible social services agency must consider an African American or a disproportionately represented child's family's social and cultural values at all times while providing services to the African American or disproportionately represented child and the child's family. Active efforts includes continuous efforts to preserve an African American or a disproportionately represented child's family and to prevent the out-of-home placement of an African American or a disproportionately represented child. If an African American or a disproportionately represented child enters out-of-home placement, the responsible social services agency must make active efforts to reunify the African American or disproportionately represented child with the child's family as soon as possible. Active efforts sets a higher standard for the responsible social services agency than reasonable efforts to preserve the child's family, prevent the child's out-of-home placement, and reunify the child with the child's family. Active efforts includes the provision of reasonable efforts as required by Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 679c.