reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.40 — Assignment Of Adoption Assistance Agreement.

259A.40 ASSIGNMENT OF ADOPTION ASSISTANCE AGREEMENT.
Subdivision 1.
Continuing child's eligibility for title IV-E adoption assistance in a subsequent adoption.
(a) The child maintains eligibility for title IV-E adoption assistance in a subsequent adoption if the following criteria are met:
(1) the child is determined to be a child with special needs as outlined in section 259A.10, subdivision 2; and
(2) the subsequent adoptive parent resides in Minnesota.
(b) If the child had a title IV-E adoption assistance agreement prior to the death of the adoptive parent or dissolution of the adoption, and the subsequent adoptive parent resides outside of Minnesota, the state is not responsible for determining whether the child meets the definition of special needs, entering into the adoption assistance agreement, and making any adoption assistance payments outlined in the new agreement unless a state agency in Minnesota has responsibility for placement and care of the child at the time of the subsequent adoption. If there is no state agency in Minnesota that has responsibility for placement and care of the child at the time of the subsequent adoption, it is the public child welfare agency in the subsequent adoptive parent's residence that is responsible for determining whether the child meets the definition of special needs and entering into the adoption assistance agreement.
Subd. 2.
Assigning a child's adoption assistance to a court-appointed guardian.
(a) State-funded adoption assistance may be continued with the written consent of the commissioner to an individual who is a guardian appointed by a court for the child upon the death of both the adoptive parents in the case of a two-parent adoption, or the sole adoptive parent in the case of a single-parent adoption, unless the child is under the custody of a child-placing agency.
(b) Temporary assignment of adoption assistance may be approved by the commissioner for a maximum of six consecutive months from the death of the parent or parents and must adhere to the requirements and procedures prescribed by the commissioner. If, within six months, the child has not been adopted by a person agreed upon by the commissioner, or if a court has not appointed a legal guardian under either section 260C.325 or 524.5-313, or similar law of another jurisdiction, the adoption assistance shall terminate. Upon assignment of payments pursuant to this subdivision, funding shall be from state funds only.
History:
2012 c 216 art 3 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.45 — Extension Of Adoption Assistance Agreement.

259A.45 EXTENSION OF ADOPTION ASSISTANCE AGREEMENT.
Subdivision 1.
General requirements.
(a) Under certain limited circumstances, a child may qualify for extension of the adoption assistance agreement beyond the date the child attains age 18, up to the date the child attains the age of 21.
(b) A request for extension of the adoption assistance agreement must be completed in writing and submitted, including all supporting documentation, by the adoptive parent at least 60 calendar days prior to the date that the current agreement will terminate.
(c) A signed amendment to the current adoption assistance agreement must be fully executed between the adoptive parent and the commissioner at least ten business days prior to the termination of the current agreement. The request for extension and the fully executed amendment must be made according to the requirements and procedures prescribed by the commissioner, including documentation of eligibility, and on forms prescribed by the commissioner.
(d) If a child-placing agency is certifying a child for adoption assistance and the child will attain the age of 18 within 60 calendar days of submission, the request for extension must be completed in writing and submitted, including all supporting documentation, with the adoption assistance application.
Subd. 2.
Extension past age 18 for child adopted after 16th birthday.
A child who has attained the age of 16 prior to finalization of the child's adoption is eligible for extension of the adoption assistance agreement up to the date the child attains age 21 if the child is:
(1) dependent on the adoptive parent for care and financial support; and
(2)(i) completing a secondary education program or a program leading to an equivalent credential;
(ii) enrolled in an institution that provides postsecondary or vocational education;
(iii) participating in a program or activity designed to promote or remove barriers to employment;
(iv) employed for at least 80 hours per month; or
(v) incapable of doing any of the activities described in items (i) to (iv) due to a medical condition where incapability is supported by documentation from an expert according to the requirements and procedures prescribed by the commissioner.
Subd. 3.
Extension past age 18 for child adopted prior to 16th birthday.
A child who has not attained the age of 16 prior to finalization of the child's adoption is eligible for extension of the adoption assistance agreement up to the date the child attains the age of 21 if the child is:
(1) dependent on the adoptive parent for care and financial support; and
(2)(i) enrolled in a secondary education program or a program leading to the equivalent; or
(ii) incapable of sustaining employment because of the continuation of a physical or mental disability, upon which eligibility for adoption assistance was approved.
History:
2012 c 216 art 3 s 10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.50 — Overpayments Of Adoption Assistance.

259A.50 OVERPAYMENTS OF ADOPTION ASSISTANCE.
An amount of adoption assistance paid to an adoptive parent in excess of the payment that was actually due is recoverable by the commissioner, even when the overpayment was caused by agency error or circumstances outside the responsibility and control of the parent or provider. Adoption assistance amounts covered by this section include basic maintenance needs payments, monthly supplemental maintenance needs payments, reimbursement of nonrecurring adoption expenses, reimbursement of special nonmedical costs, and reimbursement of medical costs.
History:
2012 c 216 art 3 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.55 — Appeals And Fair Hearings.

259A.55 APPEALS AND FAIR HEARINGS.
Subdivision 1.
Appeals for denials, modifications, or terminations.
An adoptive parent or a prospective adoptive parent has the right to appeal to the commissioner under section 256.045 for reasons including, but not limited to, when eligibility for adoption assistance is denied, when a specific payment or reimbursement is modified or denied, and when the agreement for an eligible child is terminated. A prospective adoptive parent who disagrees with a decision by the commissioner prior to finalization of the adoption may request review of the decision by the commissioner, or may appeal the decision under section 256.045.
Subd. 2.
Extenuating circumstances.
(a) An adoption assistance agreement must be signed and fully executed prior to the court order that finalizes the adoption. An adoptive parent who believes that extenuating circumstances exist, as to why the adoption was finalized prior to fully executing an adoption assistance agreement, may request a fair hearing. The parent has the responsibility to prove the existence of extenuating circumstances, such as:
(1) relevant facts regarding the child were known by the child-placing agency and not presented to the parent prior to finalization of the adoption; or
(2) the child-placing agency failed to advise a potential parent about the availability of adoption assistance for a child in the county-paid foster care system.
(b) If an appeals judge finds through the fair hearing process that extenuating circumstances existed and that the child met all eligibility criteria at the time the adoption was finalized, the effective date and any associated federal financial participation shall be retroactive to the date of the request for a fair hearing.
History:
2012 c 216 art 3 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.011 — Title, Intent, And Construction.

260.011 TITLE, INTENT, AND CONSTRUCTION.
Subdivision 1.
Citation.
Sections 260.011 to 260.92 may be cited as general provisions of the Juvenile Court Act.
Subd. 2.
[Repealed, 1999 c 139 art 4 s 3]
History:
1959 c 685 s 1; 1980 c 580 s 3; 1985 c 286 s 1; 1986 c 444; 1988 c 514 s 3; 1988 c 673 s 2; 1990 c 542 s 10; 1998 c 406 art 1 s 23,37; 1998 c 407 art 9 s 22; 1999 c 139 art 1 s 1; 2019 c 50 art 1 s 84
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.014 — Family First Prevention And Early Intervention Allocation Program.

260.014 FAMILY FIRST PREVENTION AND EARLY INTERVENTION ALLOCATION PROGRAM.
Subdivision 1.
Authorization.
The commissioner shall establish a program that allocates money to counties and federally recognized Tribes in Minnesota to provide prevention and early intervention services under the Family First Prevention Services Act.
Subd. 2.
Uses.
(a) Money allocated to counties and Tribes may be used for the following purposes:
(1) to implement or expand any service or program that is included in the state's prevention plan;
(2) to implement or expand any proposed service or program;
(3) to implement or expand any existing service or program; and
(4) any other use approved by the commissioner.
A county or a Tribe must use at least ten percent of the allocation to provide services and supports directly to families.
Subd. 3.
Payments.
(a) The commissioner shall allocate state money appropriated under this section to each county board or Tribe on a calendar-year basis using a formula established by the commissioner.
(b) A county agency or an initiative Tribe must submit a plan and report the use of money as determined by the commissioner.
(c) The commissioner may distribute money under this section for a two-year period.
Subd. 4.
Prohibition on supplanting existing money.
Money received under this section must be used to address prevention and early intervention staffing, programming, and other activities as determined by the commissioner. Money must not be used to supplant current county or Tribal expenditures for these purposes.
History:
2023 c 70 art 14 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.019 — Juvenile Court; Hennepin And Ramsey Counties.

260.019 JUVENILE COURT; HENNEPIN AND RAMSEY COUNTIES.
Subdivision 1.
Hennepin and Ramsey Counties; district court; juvenile court.
In Hennepin and Ramsey Counties, the district court is the juvenile court.
Subd. 2.
[Repealed, 2002 c 229 s 1]
Subd. 3.
[Repealed, 2002 c 229 s 1]
Subd. 4.
[Repealed, 2002 c 229 s 1]
History:
1978 c 750 s 7; 1981 c 292 s 2; 1986 c 444; 1999 c 139 art 4 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.021 — Juvenile Courts.

260.021 JUVENILE COURTS.
Subdivision 1.
[Repealed, 1978 c 750 s 9]
Subd. 2.
[Repealed, 1978 c 750 s 9]
Subd. 3.
[Repealed, 1978 c 750 s 9]
Subd. 4.
Juvenile court.
In counties now or hereafter having a population of not more than 200,000, the probate court is the juvenile court. At the primary or general election, the office of probate judge shall also be designated on the ballot as "Judge of the Juvenile Court."
History:
1959 c 685 s 3; 1965 c 316 s 1,2; 1971 c 25 s 49,50
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.031 — Referee.

260.031 REFEREE.
Subdivision 1.
Appointment.
The chief judge of the judicial district may appoint one or more suitable persons to act as referees. All referees are subject to the administrative authority and assignment power of the chief judge of the district as provided in section 484.69, subdivision 3, and are not limited to assignment to juvenile court. Referees shall hold office at the pleasure of the judges of the district court and shall be learned in the law, except that persons holding the office of referee on January 1, 1983, may continue to serve under the terms and conditions of their appointment. The compensation of a referee shall be fixed by the judge, approved by the county board and payable from the general revenue funds of the county not otherwise appropriated. Part time referees holding office in the Second Judicial District pursuant to this subdivision shall cease to hold office on July 31, 1984.
Subd. 2.
Referee hears case.
The judge may direct that any case or class of cases shall be heard in the first instance by the referee in the manner provided for the hearing of cases by the court.
Subd. 3.
Findings transmitted.
Upon the conclusion of the hearing in each case, the referee shall transmit to the judge all papers relating to the case, together with findings and recommendations in writing. Notice of the findings of the referee together with a statement relative to the right of rehearing shall be given to the minor, parents, guardian, or custodian of the minor whose case has been heard by the referee, and to any other person that the court may direct. This notice may be given at the hearing, or by certified mail or other service directed by the court.
Subd. 4.
Hearing request.
The minor and the minor's parents, guardians, or custodians are entitled to a hearing by the judge of the juvenile court if, within three days after receiving notice of the findings of the referee, they file a request with the court for a hearing. The court may allow such a hearing at any time.
Subd. 5.
Referee findings; decree of court.
In case no hearing before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the referee become the decree of the court when confirmed by an order of the judge. The final order of the court shall, in any event, be proof of such confirmation, and also of the fact that the matter was duly referred to the referee.
History:
1959 c 685 s 5; 1981 c 272 s 1; 1Sp1981 c 4 art 4 s 25; 1983 c 370 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.041 — Court Administrator; Court Reporter.

260.041 COURT ADMINISTRATOR; COURT REPORTER.
Subdivision 1.
Duties.
The court administrator of the juvenile court shall keep necessary books and records, issue summons and process, attend to the correspondence of the court, and in general perform such duties in the administration of the business of the court as the judge may direct.
Subd. 2.
Service as court administrator of juvenile court.
In counties having a population of not more than 200,000, the court administrator of the probate court shall serve as court administrator of the juvenile court.
Subd. 3.
Court reporters.
The judge of juvenile court, in counties not having a court reporter for the juvenile court, may appoint one or more qualified persons to serve as court reporters for the juvenile court in any matter or proceeding, whenever the court considers it necessary. The compensation of the court reporter shall be fixed by the judge and approved by the county board and shall be payable from general revenue funds not otherwise appropriated.
History:
1959 c 685 s 6; 1961 c 576 s 2; 1965 c 316 s 3; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.042 — Orientation And Educational Program.

260.042 ORIENTATION AND EDUCATIONAL PROGRAM.
The court shall make an orientation and educational program available for juveniles and their families in accordance with the program established, if any, by the supreme court.
History:
1995 c 226 art 3 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.105 — Salaries.

260.105 SALARIES.
All salaries and expenses to be paid by the county under the provisions of sections 244.19 and 260.021 to 260.042 shall be paid upon certification of the judge of juvenile court or upon such other authorization provided by law.
History:
1959 c 685 s 12; 1991 c 199 art 2 s 1; 2009 c 86 art 1 s 45
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.55 — Expense Of Returning Juveniles To State, Payment.

260.55 EXPENSE OF RETURNING JUVENILES TO STATE, PAYMENT.
The expense of returning juveniles to this state pursuant to the Interstate Compact for Juveniles shall be paid as follows:
(1) In the case of a runaway, the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense and if it finds the petitioner is able to do so, shall order that the petitioner pay all such expenses; otherwise the court shall arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for actual and necessary expenses; and the court may order that the petitioner reimburse the county for so much of said expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay such sum, the petitioner may be proceeded against for contempt.
(2) In the case of an escapee or absconder, if the juvenile is in the legal custody of the commissioner of corrections the commissioner shall bear the expense of the juvenile's return; otherwise the appropriate court shall, on petition of the person or agency entitled to the juvenile's custody or charged with the juvenile's supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for actual and necessary expenses. In this subsection "appropriate court" means the juvenile court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under Article VII of the compact, then the juvenile court of the county of the juvenile's residence during such supervision.
(3) In the case of a voluntary return of a runaway without requisition, the person entitled to the juvenile's legal custody shall pay the expense of transportation and the actual and necessary expenses of the person, if any, who returns such juvenile; but if financially unable to pay all the expenses the person may petition the juvenile court of the county of the petitioner's residence for an order arranging for the transportation as provided in paragraph (1). The court shall inquire summarily into the financial ability of the petitioner and, if it finds the petitioner is unable to bear any or all of the expense, the court shall arrange for such transportation at the expense of the county and shall order the county to reimburse the person, if any, who returns the juvenile, for actual and necessary expenses. The court may order that the petitioner reimburse the county for so much of said expense as the court finds the petitioner is able to pay. A petitioner who fails, without good cause, or refuses to pay such sum may be proceeded against for contempt.
History:
1957 c 892 s 5; 1974 c 125 s 2; 1986 c 444; 2014 c 218 s 8; 2017 c 40 art 1 s 88
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.56 — Counsel Or Guardian Ad Litem For Juvenile, Fees.

260.56 COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.
Any judge of this state who appoints counsel or a guardian ad litem pursuant to the provisions of the Interstate Compact for Juveniles may allow a reasonable fee on order of the court. The costs of the counsel must be paid by the county and the cost of the guardian ad litem, if any, must be paid by the state courts.
History:
1957 c 892 s 6; 1986 c 444; 1999 c 216 art 7 s 24; 2014 c 218 s 9; 2017 c 40 art 1 s 89
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.57 — Enforcement.

260.57 ENFORCEMENT.
The courts, departments, agencies, and officers of this state and its political subdivisions shall enforce the Interstate Compact for Juveniles and shall do all things appropriate to the effectuation of its purposes which may be within their respective jurisdictions.
History:
1957 c 892 s 7; 2017 c 40 art 1 s 90
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.751 — Citation.

260.751 CITATION.
Sections 260.751 to 260.835 may be cited as the "Minnesota Indian Family Preservation Act."
History:
1999 c 139 art 1 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.752 — Applicability.

260.752 APPLICABILITY.
Unless otherwise stated, sections 260.751 to 260.835 and the federal Indian Child Welfare Act are applicable without exception in any child placement proceeding involving an Indian child where custody is granted to someone other than a parent or an Indian custodian. Nothing in sections 260.751 to 260.835 is intended to apply to custody actions between parents or between a parent and Indian custodian.
History:
2023 c 16 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.753 — Purposes.

260.753 PURPOSES.
The purposes of the Minnesota Indian Family Preservation Act are to (1) protect the long-term interests, as defined by the Tribes, of Indian children, their families as defined by law or custom, and the child's Tribe; and (2) preserve the Indian family and Tribal identity, including an understanding that Indian children are damaged if family and child Tribal identity and contact are denied. Indian children are the future of the Tribes and are vital to their very existence.
History:
2015 c 78 art 1 s 13; 2023 c 16 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.754 — Policy On Tribal-state Relations.

260.754 POLICY ON TRIBAL-STATE RELATIONS.
(a) The state of Minnesota acknowledges federally recognized Indian Tribes as sovereign political entities that predate the existence of the United States and that have retained inherent sovereign authority to pass their own laws, maintain their own systems of governance, and determine their own jurisdiction. The sovereign authority of Tribes may only be limited by the federal government and not by any action of the state, including the state legislature and state courts.
(b) Inherently, as members of Indian Tribes recognized by the federal government, Indian people have rights and privileges as members of their Tribe which the state of Minnesota recognizes and protects.
(c) Indian people have a right to be protected from being disfranchised or deprived of any of the rights and privileges secured to any citizen in the state and to have the recognition and protection of the rights and privileges flowing from their membership in an Indian Tribe by any state action.
(d) The state of Minnesota recognizes all federally recognized Indian Tribes as having the inherent authority to determine their own jurisdiction for any and all Indian child custody or child placement proceedings regardless of whether the Tribe's members are on or off the reservation and regardless of the procedural posture of the proceeding.
(e) The state of Minnesota has long recognized the importance of Indian children to their Tribes not only as members of Tribal families and communities, but also as the Tribe's greatest resource as future members and leaders of the Tribe. The vitality of Indian children in the state of Minnesota is essential to the health and welfare of both the state and the Tribes and is essential to the future welfare and continued existence of the child's Tribe.
(f) The state of Minnesota recognizes that the historical deprivation of rights of Indian people and Indian Tribes has led to disparate out-of-home placement of Indian children.
History:
2023 c 16 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.7745 — County And Tribal Agreements; Maltreatment Assessments And Investigations Of Indian Children.

260.7745 COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
A Tribe and a county may enter a written agreement transferring responsibility for the screening and initial response to a child maltreatment report regarding an Indian child residing in the county where the child's reservation is located, from the county to the Tribe. An agreement under this section shall include a provision clarifying whether the county or the Tribe is responsible for ongoing case management stemming from a child maltreatment report.
History:
1Sp 2020 c 2 art 5 s 66; 2023 c 16 s 17,29,38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.775 — Placement Records.

260.775 PLACEMENT RECORDS.
(a) The commissioner of human services shall publish annually an inventory of all Indian children in residential facilities. The inventory shall include, by county and statewide, information on legal status, living arrangement, age, sex, tribe in which the child is a member or eligible for membership, accumulated length of time in foster care, and other demographic information deemed appropriate concerning all Indian children in residential facilities. The report must also state the extent to which authorized child-placing agencies comply with the order of preference described in United States Code, title 25, section 1901, et seq. The commissioner shall include the information required under this paragraph in the annual report on child maltreatment and on children in out-of-home placement under section 257.0725.
(b) This section expires January 1, 2032.
History:
1999 c 139 art 1 s 7; 2022 c 98 art 14 s 28
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.785 — Indian Child Welfare Grants.

260.785 INDIAN CHILD WELFARE GRANTS.
Subdivision 1.
Primary support grants.
The commissioner shall establish direct grants to Indian tribes, Indian organizations, and tribal social services agency programs located off-reservation that serve Indian children and their families to provide primary support for Indian child welfare programs to implement the Indian Family Preservation Act.
Subd. 2.
Special focus grants.
The commissioner shall establish direct grants to child-placing agencies, Tribes, Indian organizations, and other organizations for placement prevention and family reunification services for Indian children.
Subd. 3.
Compliance grants.
The commissioner shall establish direct grants to an Indian child welfare defense corporation, as defined in Minnesota Statutes 1996, section 611.216, subdivision 1a, to promote statewide compliance with the Indian Family Preservation Act and the Indian Child Welfare Act, United States Code, title 25, section 1901, et seq. The commissioner shall give priority consideration to applicants with demonstrated capability of providing legal advocacy services statewide.
Subd. 4.
Request for proposals.
The commissioner shall request proposals for grants under subdivisions 1, 2, and 3, and specify the information and criteria required.
History:
1999 c 139 art 1 s 9; 2016 c 158 art 1 s 150; 2023 c 16 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.786 — Child Welfare Staff Allocation For Tribes.

260.786 CHILD WELFARE STAFF ALLOCATION FOR TRIBES.
Subdivision 1.
Allocations.
The commissioner shall allocate $80,000 annually to each of Minnesota's federally recognized Tribes that, at the beginning of the fiscal year, have not joined and are not in the process of planning to join the American Indian Child welfare initiative under section 256.01, subdivision 14b. Tribes not participating in or planning to join the initiative as of July 1, 2023, are: Bois Fort Band of Chippewa, Fond du Lac Band of Lake Superior Chippewa, Grand Portage Band of Lake Superior Chippewa, Lower Sioux Indian Community, Prairie Island Indian Community, and Upper Sioux Indian Community.
Subd. 2.
Purposes.
Money must be used to address staffing for responding to notifications under the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act, to the extent necessary, or to provide other child protection and child welfare services. Money must not be used to supplant current Tribal expenditures for these purposes.
Subd. 3.
Reporting.
By June 1 each year, Tribes receiving this money shall provide a report to the commissioner. The report shall be written in a manner prescribed by the commissioner and must include an accounting of money spent, staff hired, job duties, and other information as required by the commissioner.
Subd. 4.
Redistribution of money.
If a Tribe joins the American Indian child welfare initiative, the payment for that Tribe shall be distributed equally among the remaining Tribes receiving an allocation under this section.
History:
2023 c 70 art 14 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.791 — Grant Applications.

260.791 GRANT APPLICATIONS.
A Tribe, Indian organization, or Tribal social services agency program located off-reservation may apply for primary support grants under section 260.785, subdivision 1. A child-placing agency, Tribe, Indian organization, or other social service organization may apply for special focus grants under section 260.785, subdivision 2. Civil legal service organizations eligible for grants under section 260.785, subdivision 3, may apply for grants under that section. Application may be made alone or in combination with other Tribes or Indian organizations.
History:
1999 c 139 art 1 s 10; art 4 s 2; 2023 c 16 s 32
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.805 — Continued Legal Responsibility Of Child-placing Agencies.

260.805 CONTINUED LEGAL RESPONSIBILITY OF CHILD-PLACING AGENCIES.
The legal responsibility of child-placing agencies to provide Indian child welfare services continues, and existing services must not be reduced because of the availability of these funds.
History:
1999 c 139 art 1 s 12; 2023 c 16 s 34
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.810 — Payments; Required Reports.

260.810 PAYMENTS; REQUIRED REPORTS.
Subdivision 1.
Payments.
The commissioner shall make grant payments to each approved program in four quarterly installments a year. The commissioner may certify an advance payment for the first quarter of the state fiscal year. Later payments must be made upon receipt by the state of a quarterly report on finances and program activities.
Subd. 2.
Quarterly report.
The commissioner shall specify requirements for reports, including quarterly fiscal reports, according to section 256.01, subdivision 2, paragraph (p). Each quarter, an approved program receiving an Indian child welfare grant shall submit a report to the commissioner that includes:
(1) a detailed accounting of grant money expended during the preceding quarter, specifying expenditures by line item and year to date; and
(2) a description of Indian child welfare activities conducted during the preceding quarter, including the number of clients served and the type of services provided.
The quarterly reports must be submitted no later than 30 days after the end of each quarter of the state fiscal year.
Subd. 3.
Final report.
A final evaluation report must be submitted by each approved program. It must include client outcomes, cost and effectiveness in meeting the goals of the Indian Family Preservation Act and permanency planning goals.
History:
1999 c 139 art 1 s 13; 2015 c 78 art 4 s 61
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.815 — Monitoring And Evaluation.

260.815 MONITORING AND EVALUATION.
The commissioner shall design and implement methods for monitoring the delivery and evaluating the effectiveness of Indian child welfare services funded through these grants.
History:
1999 c 139 art 1 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.821 — Grant Formula.

260.821 GRANT FORMULA.
Subdivision 1.
Primary support grants.
(a) The amount available for grants established under section 260.785, subdivision 1, to tribes, Indian organizations, and tribal social services agency programs located off-reservation is four-fifths of the total annual appropriation for Indian child welfare grants.
(b) The commissioner shall award tribes at least 70 percent of the amount set in paragraph (a) for primary support grants. Each tribe shall be awarded a base amount of five percent of the total amount set in this paragraph. In addition, each tribe shall be allocated a proportion of the balance of the amount set in this paragraph, less the total base amounts for all reservations. This proportion must equal the ratio of the tribe's on-reservation population to the state's total on-reservation population. Population data must be based on the most recent federal census data according to the state demographer's office.
(c) The commissioner shall award Indian organizations and tribal social services agency programs located off-reservation that serve Indian children and families up to 30 percent of the amount set in paragraph (a) for primary support grants. A maximum of four multiservice Indian organizations and tribal social services agency programs located off-reservation may be awarded grants under this paragraph. "Multiservice Indian organizations" means Indian organizations recognized by the Indian community as providing a broad continuum of social, educational, or cultural services, including Indian child welfare services designed to meet the unique needs of the Indian communities in Minneapolis, St. Paul, and Duluth. Grants may be awarded to programs that submit acceptable proposals, comply with the goals and the application process of the program, and have budgets that reflect appropriate and efficient use of funds. To maintain continuity of service in Indian communities, primary support grants awarded under this paragraph which meet the grant criteria and have demonstrated satisfactory performance as established by the commissioner may be awarded on a noncompetitive basis. The commissioner may revoke or deny funding for Indian organizations or tribal social services agencies failing to meet the grant criteria established by the commissioner, and the commissioner may request new proposals from Indian organizations or tribal social services agencies to the extent that funding is available.
Subd. 2.
Special focus grants.
The amount available for grants established under section 260.785, subdivision 2, for child-placing agencies, Tribes, Indian organizations, and other social services organizations is one-fifth of the total annual appropriation for Indian child welfare grants. The maximum award under this subdivision is $100,000 a year for programs approved by the commissioner.
History:
1999 c 139 art 1 s 15; 2023 c 16 s 35
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.831 — Undistributed Funds.

260.831 UNDISTRIBUTED FUNDS.
Undistributed funds must be reallocated by the Department of Human Services to any other grant categories established under section 260.785, subdivision 1 or 2, for the goals of this grant process. Undistributed funds are available until expended.
History:
1999 c 139 art 1 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.835 — American Indian Child Welfare Advisory Council.

260.835 AMERICAN INDIAN CHILD WELFARE ADVISORY COUNCIL.
Subdivision 1.
Creation.
The commissioner shall appoint an American Indian Advisory Council to help formulate policies and procedures relating to Indian child welfare services and to make recommendations regarding approval of grants provided under section 260.785, subdivisions 1, 2, and 3. The council shall consist of 17 members appointed by the commissioner and must include representatives of each of the 11 Minnesota reservations who are authorized by tribal resolution, one representative from the Duluth Urban Indian Community, three representatives from the Minneapolis Urban Indian Community, and two representatives from the St. Paul Urban Indian Community. Representatives from the urban Indian communities must be selected through an open appointments process under section 15.0597. The terms, compensation, and removal of American Indian Child Welfare Advisory Council members shall be as provided in section 15.059.
Subd. 2.
MS 2022 [Repealed, 2023 c 50 art 1 s 38]
[See Note.]
History:
1999 c 139 art 1 s 17; 1Sp2005 c 4 art 3 s 17; 2008 c 361 art 6 s 22; 2012 c 271 s 4; 2013 c 142 art 2 s 5; 2014 c 286 art 7 s 12; art 8 s 39; 2014 c 291 art 3 s 8; 2018 c 164 s 4; 2023 c 16 s 36
NOTE:
This section was also amended by Laws 2023, chapter 16, section 36, to read as follows:
"Subd 2.Expiration.
This section does not expire."
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.836 — Severability.

260.836 SEVERABILITY.
If any provision in sections 260.751 to 260.835 is held invalid or contrary to the Constitution of the United States or the Minnesota Constitution or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the provisions in sections 260.751 to 260.835 and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.
History:
2023 c 16 s 37
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.855 — Financial Responsibility.

260.855 FINANCIAL RESPONSIBILITY.
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of article 5 thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of sections 518C.101 to 518C.902 also may be invoked.
History:
1999 c 139 art 1 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.861 — Appropriate Public Authorities Defined.

260.861 APPROPRIATE PUBLIC AUTHORITIES DEFINED.
The "appropriate public authorities" as used in article 3 of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the commissioner of human services. The commissioner of human services or the commissioner's delegate shall receive and act with reference to notices required by said article 3.
History:
1999 c 139 art 1 s 20
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.865 — Appropriate Authority In Receiving State Defined.

260.865 APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.
As used in paragraph (a) of article 5 of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to this state shall mean the commissioner of human services or the commissioner's delegate.
History:
1999 c 139 art 1 s 21
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.871 — Agreements.

260.871 AGREEMENTS.
The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of article 5 of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the commissioner of human services in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
History:
1999 c 139 art 1 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.875 — Requirements For Visitation; Supervision.

260.875 REQUIREMENTS FOR VISITATION; SUPERVISION.
Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under section 260C.212 shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of article 5 of the Interstate Compact on the Placement of Children.
History:
1999 c 139 art 1 s 23
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.881 — Certain Laws Not Applicable.

260.881 CERTAIN LAWS NOT APPLICABLE.
The provisions of section 257.06 shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.
History:
1999 c 139 art 1 s 24
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.885 — Court Jurisdiction Retained.

260.885 COURT JURISDICTION RETAINED.
Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to article 6 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in article 5 thereof.
History:
1999 c 139 art 1 s 25
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.91 — Executive Head Defined.

260.91 EXECUTIVE HEAD DEFINED.
As used in article 7 of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of said article 7.
History:
1999 c 139 art 1 s 26
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260 — Juvenile Court; Child Placement; Compacts › Section 260.925 — Application Of Laws; Gender-affirming Health Care.

260.925 APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH CARE.
A law of another state that authorizes a state agency to remove a child from the child's parent or guardian because the parent or guardian allowed the child to receive gender-affirming health care, as defined in section 543.23, paragraph (b), is against the public policy of this state and must not be enforced or applied in a case pending in a court in this state. A court order for the removal of a child issued in another state because the child's parent or guardian assisted the child in receiving gender-affirming care in this state must not be enforced in this state.
History:
2023 c 29 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260A — Truancy › Section 260A.01 — Truancy Programs And Services.

260A.01 TRUANCY PROGRAMS AND SERVICES.
(a) The programs in this chapter are designed to provide a continuum of intervention and services to support families and children in keeping children in school and combating truancy and educational neglect. School districts, county attorneys, and law enforcement may establish the programs and coordinate them with other community-based truancy services in order to provide the necessary and most effective intervention for children and their families. This continuum of intervention and services involves progressively intrusive intervention, beginning with strong service-oriented efforts at the school and community level and involving the court's authority only when necessary.
(b) Consistent with section 125A.091, subdivision 5, a parent's refusal to provide the parent's child with sympathomimetic medications does not constitute educational neglect.
History:
1995 c 226 art 3 s 37; 1Sp2001 c 6 art 3 s 14; 2004 c 294 art 5 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260A — Truancy › Section 260A.02 — Definitions.

260A.02 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to this chapter.
Subd. 2.
Board.
"Board" means a school attendance review board created under section 260A.05.
Subd. 3.
Continuing truant.
"Continuing truant" means a child who is subject to the compulsory instruction requirements of section 120A.22 and is absent from instruction in a school, as defined in section 120A.05, without valid excuse within a single school year for:
(1) three days if the child is in elementary school; or
(2) three or more class periods on three days if the child is in middle school, junior high school, or high school.
Nothing in this section shall prevent a school district or charter school from notifying a truant child's parent or legal guardian of the child's truancy or otherwise addressing a child's attendance problems prior to the child becoming a continuing truant.
History:
1995 c 226 art 3 s 38; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 2 s 41; 1998 c 397 art 11 s 3; 2013 c 116 art 4 s 5