reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256S — Medical Assistance Elderly Waiver › Section 256S.213 — Rate Setting; Factors.

256S.213 RATE SETTING; FACTORS.
Subdivision 1.
Payroll taxes and benefits factor.
The payroll taxes and benefits factor is the sum of net payroll taxes and benefits, divided by the sum of all salaries for all nursing facilities on the most recent and available cost report.
Subd. 2.
General and administrative factor.
The general and administrative factor is 14.4 percent.
Subd. 3.
Program plan support factor.
(a) The program plan support factor is ten percent for the following services to cover the cost of direct service staff needed to provide support for the service when not engaged in direct contact with participants:
(1) adult day services;
(2) customized living; and
(3) foster care.
(b) The program plan support factor is 15.5 percent for the following services to cover the cost of direct service staff needed to provide support for the service when not engaged in direct contact with participants:
(1) chore services;
(2) companion services;
(3) homemaker assistance with personal care;
(4) homemaker cleaning;
(5) homemaker home management;
(6) in-home respite care;
(7) individual community living support; and
(8) out-of-home respite care.
Subd. 4.
Registered nurse management and supervision wage component.
The registered nurse management and supervision wage component equals 15 percent of the registered nurse adjusted base wage as defined in section 256S.214.
Subd. 5.
Unlicensed supervisor supervision wage component.
The unlicensed supervisor supervision wage component equals 15 percent of the unlicensed supervisor adjusted base wage as defined in section 256S.214.
Subd. 6.
Facility and equipment factor.
The facility and equipment factor for adult day services is 16.2 percent.
Subd. 7.
Food, supplies, and transportation factor.
The food, supplies, and transportation factor for adult day services is 24 percent.
Subd. 8.
Supplies and transportation factor.
The supplies and transportation factor for the following services is 1.56 percent:
(1) chore services;
(2) companion services;
(3) homemaker assistance with personal care;
(4) homemaker cleaning;
(5) homemaker home management;
(6) in-home respite care;
(7) individual community support services; and
(8) out-of-home respite care.
Subd. 9.
Absence factor.
The absence factor for the following services is 4.5 percent:
(1) adult day services;
(2) chore services;
(3) companion services;
(4) homemaker assistance with personal care;
(5) homemaker cleaning;
(6) homemaker home management;
(7) in-home respite care;
(8) individual community living support; and
(9) out-of-home respite care.
History:
2019 c 54 art 1 s 29; 2023 c 61 art 2 s 19
NOTE:
The amendment to this section by Laws 2023, chapter 61, article 2, section 19, is effective upon federal approval. The commissioner of human services shall notify the revisor of statutes when approval is obtained. Laws 2023, chapter 61, article 2, section 19, the effective date.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256S — Medical Assistance Elderly Waiver › Section 256S.214 — Rate Setting; Adjusted Base Wage.

256S.214 RATE SETTING; ADJUSTED BASE WAGE.
(a) For the purposes of section 256S.215, the adjusted base wage for each position equals the position's base wage under section 256S.212 plus:
(1) the position's base wage multiplied by the payroll taxes and benefits factor under section 256S.213, subdivision 1;
(2) the position's base wage multiplied by the applicable program plan support factor under section 256S.213, subdivision 3; and
(3) the position's base wage multiplied by the absence factor under section 256S.213, subdivision 9, if applicable.
(b) If the base wage described in paragraph (a) is below $16.68, the base wage must equal $16.68.
History:
2019 c 54 art 1 s 30; 2023 c 61 art 2 s 20
NOTE:
The amendment to this section by Laws 2023, chapter 61, article 2, section 20, is effective upon federal approval. The commissioner of human services shall notify the revisor of statutes when approval is obtained. Laws 2023, chapter 61, article 2, section 20, the effective date.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.01 — Records Required.

257.01 RECORDS REQUIRED.
Each person or authorized child-placing agency permitted by law to receive children, secure homes for children, or care for children, shall keep a record containing the name, age, former residence, legal status, health records, sex, race, and accumulated length of time in foster care, if applicable, of each child received; the name, former residence, occupation, health history, and character, of each birth parent; the date of reception, placing out, and adoption of each child, and the name, race, occupation, and residence of the person with whom a child is placed; the date of the removal of any child to another home and the reason for removal; the date of termination of the guardianship; the history of each child until the child reaches the age of 21 years, is legally adopted, or is discharged according to law; and further demographic and other information as is required by the commissioner of human services.
History:
(4560) Ex1919 c 51 s 1; 1951 c 644 s 1; 1973 c 725 s 47; 1983 c 278 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 s 31; 2012 c 216 art 6 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.02 — Surrender Of Parental Rights.

257.02 SURRENDER OF PARENTAL RIGHTS.
No person other than the parents or relatives may assume the permanent care and custody of a child under 14 years of age unless authorized so to do by an order or decree of court. However, if a parent of a child who is being cared for by a relative dies, or if the parent is not or cannot fulfill parental duties with respect to the child, the relative may bring a petition under section 260C.141. Except in proceedings for adoption or by a consent decree entered under section 257C.07, no parent may assign or otherwise transfer to another parental rights or duties with respect to the permanent care and custody of a child under 14 years of age. Any such transfer shall be void.
History:
(4561) Ex1919 c 51 s 2; 1986 c 444; 1996 c 421 s 2; 1997 c 112 s 1; 1999 c 139 art 4 s 2; 2002 c 304 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.025 — Custody Disputes.

257.025 CUSTODY DISPUTES.
(a) In any custody or parenting time proceeding involving unmarried parents, the court shall consider and evaluate all relevant factors in section 518.17, subdivision 1, to determine the best interests of the child.
(b) The fact that the parents of the child are not or were never married to each other shall not be determinative of the custody of the child.
(c) A person may seek custody of a child by filing a petition or motion pursuant to section 518.156.
(d) Section 518.619 applies to this section.
History:
1974 c 330 s 1; 1980 c 589 s 29; 1990 c 574 s 2; 1992 c 557 s 1; 2015 c 30 art 1 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.026 — Notification Of Residence With Certain Convicted Persons.

257.026 NOTIFICATION OF RESIDENCE WITH CERTAIN CONVICTED PERSONS.
A person who is granted or exercises custody of a child or parenting time with a child under this chapter or chapter 518 must notify the child's other parent, if any, the county social services agency, and the court that granted the custody or parenting time, if the person knowingly marries or lives in the same residence with a person who has been convicted of a crime listed in section 518.179, subdivision 2.
History:
2006 c 280 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.03 — Notice To Commissioner Of Human Services.

257.03 NOTICE TO COMMISSIONER OF HUMAN SERVICES.
Any person not exempted from the requirement for licensure under chapter 245A receiving a child in the person's home:
(1) because of the death, injury, or illness of the child's parent if the person intends to keep the child for more than 30 days; or
(2) with intent to adopt the child or keep the child permanently, except a person receiving a child from an authorized agency, must notify the commissioner of human services in writing within 30 days after the child is received. Notice shall state the true name of the child; the child's last previous address; the name and address of the child's parents or legal guardian and of persons with whom the child last resided; and the names and addresses of persons who placed the child in the home, arranged for, or assisted with arrangements for the child's placement there; and such other facts about the child or the home as the commissioner may require. It is the duty of the commissioner or a designated agent to investigate the circumstances surrounding the child's entry into the home and to take appropriate action to assure for the child, the biological parents, and the foster parents the full protection of all laws of Minnesota relating to custody and foster care of children. Except as provided by section 317A.907, no person shall solicit, receive, or accept any payment, promise of payment, or compensation, for placing a child in foster care or for assisting to place a child in foster care. Nor shall any person pay or promise to pay or in any way compensate any person, for placing or for assisting to place a child in foster care.
History:
(4562) Ex1919 c 51 s 3; 1949 c 227 s 1; 1951 c 644 s 2; 1955 c 587 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 403 art 3 s 96; 1989 c 304 s 132; 1996 c 421 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.035 — Emergency.

257.035 EMERGENCY.
A relative who acts to protect a child in an emergency or when a parent dies is not a custodian as defined under section 260C.007. If the relative is unable or unwilling to provide for the ongoing care, custody, and control of the child, the child may be considered a child in need of protection or services under section 260C.007. The relative may report the death or emergency to the local social service agency. Upon receiving the report, the local social service agency shall assess the circumstances and the needs of the child. The agency may place the child in foster care with a relative who meets the licensing standards under chapters 245A and 245C, and may pursue court action on behalf of the child.
History:
1996 c 421 s 4; 1999 c 139 art 4 s 2; 2003 c 15 art 1 s 33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.04 — Investigation.

257.04 INVESTIGATION.
Upon receipt of the notice provided for in section 257.03 the commissioner of human services or a designated agent of the commissioner shall visit the child and the home and shall continue to visit and supervise the home and the child or take other appropriate action to assure that the welfare of the child, biological parents and foster parents are fully protected.
History:
(4563) Ex1919 c 51 s 4; 1935 c 112 s 2; 1949 c 227 s 2; 1955 c 587 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 403 art 3 s 94
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.05 — Importation.

257.05 IMPORTATION.
Subdivision 1.
Notification and duties of commissioner.
No person, except as provided by subdivisions 2 and 3, shall bring or send into the state any child for the purpose of placing the child out or procuring the child's adoption without first obtaining the consent of the commissioner of human services, and such person shall conform to all rules of the commissioner of human services and laws of the state of Minnesota relating to protection of children in foster care. Before any child shall be brought or sent into the state for the purpose of being placed in foster care, the person bringing or sending the child into the state shall first notify the commissioner of human services of the person's intention, and shall obtain from the commissioner of human services a certificate stating that the home in which the child is to be placed is, in the opinion of the commissioner of human services, a suitable adoptive home for the child if legal adoption is contemplated or that the home meets the commissioner's requirements for licensing of foster homes if legal adoption is not contemplated. The commissioner is responsible for protecting the child's interests so long as the child remains within the state and until the child reaches the age of 18 or is legally adopted. Notice to the commissioner shall state the name, age, and personal description of the child, and the name and address of the person with whom the child is to be placed, and such other information about the child and the foster home as may be required by the commissioner.
Subd. 2.
Exempt relatives.
A parent, stepparent, grandparent, brother, sister and aunt or uncle in the first degree of the minor child who bring a child into the state for placement within their own home shall be exempt from the provisions of subdivision 1. This relationship may be by blood or marriage.
Subd. 3.
International adoptions.
Subject to state and federal laws and rules, adoption agencies licensed under chapter 245A and Minnesota Rules, parts 9545.0755 to 9545.0845, and county social services agencies are authorized to certify that the prospective adoptive home of a child brought into the state from another country for the purpose of adoption is a suitable home, or that the home meets the commissioner's requirements for licensing of foster homes if legal adoption is not contemplated.
History:
(4564) Ex1919 c 51 s 5; 1949 c 21 s 1; 1955 c 587 s 3; 1965 c 115 s 1; 1973 c 725 s 48; 1984 c 654 art 5 s 58; 1986 c 444; 1991 c 326 s 11; 1Sp2003 c 14 art 4 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.06 — Exportation.

257.06 EXPORTATION.
No person except a parent or guardian may take or send a child out of the state for purposes of placing the child in foster care without first obtaining the approval of the commissioner of human services.
History:
(4565) Ex1919 c 51 s 6; 1955 c 587 s 4; 1984 c 654 art 5 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.065 — Authorized Child-placing Agency Definition.

257.065 AUTHORIZED CHILD-PLACING AGENCY DEFINITION.
For the purposes of this chapter and chapter 259, "authorized child-placing agency" means the local social service agency under the authority of the local social services agency or human service board, or any agency licensed by the commissioner of human services or a comparable authority in the state or United States, to place children for foster care or adoption.
History:
1983 c 278 s 2; 1984 c 654 art 5 s 58; 1994 c 631 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0651 — Compliance With Indian Child Welfare Act.

257.0651 COMPLIANCE WITH INDIAN CHILD WELFARE ACT.
Sections 257.03 to 257.0725 and 260C.208 to 260C.215 must be construed consistently with the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.
History:
1993 c 291 s 1; 1999 c 139 art 4 s 2; 1Sp2003 c 14 art 11 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.066 — Rules.

257.066 RULES.
By December 31, 1989, the commissioner of human services shall revise Minnesota Rules, parts 9545.0750 to 9545.0830, 9560.0010 to 9560.0180, and 9560.0500 to 9560.0670 to ensure that, as conditions of licensure, social services and child-placing agencies meet the requirements of section 260C.215, subdivisions 6 and 7, and keep records in compliance with sections 257.01 and 259.79.
History:
1988 c 689 art 2 s 210; 1994 c 631 s 31; 1999 c 139 art 4 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0725 — Annual Report.

257.0725 ANNUAL REPORT.
(a) The commissioner of human services shall publish an annual report on child maltreatment and on children in out-of-home placement. The commissioner shall confer with counties, child welfare organizations, child advocacy organizations, the courts, and other groups on how to improve the content and utility of the department's annual report. In regard to child maltreatment, the report shall include the number and kinds of maltreatment reports received and any other data that the commissioner determines is appropriate to include in a report on child maltreatment. In regard to children in out-of-home placement, the report shall include, by county and statewide, information on legal status, living arrangement, age, sex, race, accumulated length of time in placement, reason for most recent placement, race of family with whom placed, school enrollments within seven days of placement pursuant to section 120A.21, and other information deemed appropriate on all children in out-of-home placement. Out-of-home placement includes placement in any facility by an authorized child-placing agency.
(b) This section expires January 1, 2032.
History:
1988 c 689 art 2 s 216; 1996 c 416 s 9; 1Sp2001 c 9 art 11 s 4; 2002 c 379 art 1 s 113; 1Sp2020 c 2 art 1 s 16; 2022 c 98 art 14 s 27
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0755 — Office Of Ombudsperson; Creation; Qualifications; Function.

257.0755 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS; FUNCTION.
Subdivision 1.
Creation.
Each ombudsperson shall operate independently from but in collaboration with the community-specific board that appointed the ombudsperson under section 257.0768: the Minnesota Council on Latino Affairs, the Council for Minnesotans of African Heritage, and the Council on Asian-Pacific Minnesotans.
Subd. 2.
Selection; qualifications.
The ombudsperson for each community shall be selected by the applicable community-specific board established in section 257.0768. Each ombudsperson serves in the unclassified service at the pleasure of the community-specific board and may be removed only for just cause. Each ombudsperson must be selected without regard to political affiliation, and shall be a person highly competent and qualified to analyze questions of law, administration, and public policy regarding the protection and placement of children from families of color. In addition, the ombudsperson must be experienced in dealing with communities of color and knowledgeable about the needs of those communities. No individual may serve as ombudsperson while holding any other public office.
Subd. 3.
Appropriation.
Money appropriated for each ombudsperson from the general fund or the special fund authorized by section 256.01, subdivision 2, paragraph (o), is under the control of each ombudsperson for which it is appropriated.
History:
1991 c 292 art 3 s 20; 1993 c 369 s 77; 1994 c 632 art 4 s 62; 1997 c 7 art 3 s 7; 2013 c 108 art 3 s 35; 2013 c 125 art 1 s 50; 2015 c 77 art 2 s 87; 1Sp2021 c 7 art 14 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.076 — Definitions.

257.076 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 257.0755 to 257.0768, the following terms shall have the meanings given them in this section.
Subd. 2.
Agency.
"Agency" means the divisions, officials, or employees of the state Departments of Human Services and Health and local district courts or a designated county social service agency as defined in section 256G.02, subdivision 7, engaged in providing child protection and placement services for children. "Agency" also means any individual, service, or program providing child protection or placement services in coordination with or under contract to any other entity specified in this subdivision.
Subd. 3.
Communities of color.
"Communities of color" means the following: Hispanic-Latino, Asian-Pacific, African, and African-American communities.
Subd. 4.
Compadrazgo.
"Compadrazgo" is a kinship institution within the Hispanic-Latino community used as a means of parenting and caring for children from birth to adulthood.
Subd. 5.
Family of color.
"Family of color" means any family with a child under the age of 18 who is identified by one or both parents or another trusted adult to be of Hispanic-Latino, Asian-Pacific, African, or African-American descent.
Subd. 6.
Facility.
"Facility" means any entity required to be licensed under chapter 245A.
Subd. 7.
Trusted adult.
"Trusted adult" means an individual recognized by the child's parent or legal guardian, the child's community, or both, as speaking for the child's best interest. The term includes compadrazgo and other individuals with a kinship or community relationship with the child.
History:
1991 c 292 art 3 s 21; 1Sp2021 c 7 art 14 s 9,10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0761 — Organization Of Office Of Ombudsperson.

257.0761 ORGANIZATION OF OFFICE OF OMBUDSPERSON.
Subdivision 1.
Staff; unclassified status; retirement.
The ombudsperson for each group specified in section 257.0755 may select, appoint, and compensate out of available funds the assistants and employees as deemed necessary to discharge responsibilities. All employees, except the secretarial and clerical staff, shall serve at the pleasure of the ombudsperson in the unclassified service. The ombudsperson and full-time staff shall be members of the Minnesota State Retirement Association.
Subd. 2.
Delegation to staff.
The ombudsperson may delegate to staff members any of the ombudsperson's authority or duties except the duty of formally making recommendations to an administrative agency or reports to the Office of the Governor, or to the legislature.
History:
1991 c 292 art 3 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0762 — Duties And Powers.

257.0762 DUTIES AND POWERS.
Subdivision 1.
Duties.
(a) Each ombudsperson shall monitor agency compliance with all laws governing child protection and placement, as they impact on children of color. In particular, the ombudsperson shall monitor agency compliance with sections 260C.215; 260.751 to 260.835; and 260C.193, subdivision 3.
(b) The ombudsperson shall work with local state courts to ensure that:
(1) court officials, public policy makers, and service providers are trained in cultural diversity. The ombudsperson shall document and monitor court activities in order to heighten awareness of diverse belief systems and family relationships;
(2) experts from the appropriate community of color including tribal advocates are used as court advocates and are consulted in placement decisions that involve children of color;
(3) guardians ad litem and other individuals from communities of color are recruited, trained, and used in court proceedings to advocate on behalf of children of color; and
(4) training programs for bilingual workers are provided.
Subd. 2.
Powers.
Each ombudsperson has the authority to investigate decisions, acts, and other matters of an agency, program, or facility providing protection or placement services to children of color. In carrying out this authority and the duties in subdivision 1, each ombudsperson has the power to:
(1) prescribe the methods by which complaints are to be made, reviewed, and acted upon;
(2) determine the scope and manner of investigations to be made;
(3) investigate, upon a complaint or upon personal initiative, any action of any agency;
(4) request and be given access to any information in the possession of any agency deemed necessary for the discharge of responsibilities. The ombudsperson is authorized to set reasonable deadlines within which an agency must respond to requests for information. Data obtained from any agency under this clause shall retain the classification which it had under section 13.02 and shall be maintained and disseminated by the ombudsperson according to chapter 13;
(5) examine the records and documents of an agency;
(6) enter and inspect, during normal business hours, premises within the control of an agency; and
(7) subpoena any agency personnel to appear, testify, or produce documentary or other evidence which the ombudsperson deems relevant to a matter under inquiry, and may petition the appropriate state court to seek enforcement with the subpoena; provided, however, that any witness at a hearing or before an investigation as herein provided, shall possess the same privileges reserved to such a witness in the courts or under the laws of this state. The ombudsperson may compel nonagency individuals to testify or produce evidence according to procedures developed by the advisory board.
History:
1991 c 292 art 3 s 23; 1994 c 632 art 4 s 63; 1999 c 139 art 4 s 2; 1Sp2003 c 14 art 11 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0763 — Matters Appropriate For Review.

257.0763 MATTERS APPROPRIATE FOR REVIEW.
(a) In selecting matters for review, an ombudsperson should give particular attention to actions of an agency, facility, or program that:
(1) may be contrary to law or rule;
(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of an agency, facility, or program;
(3) may result in abuse or neglect of a child;
(4) may disregard the rights of a child or other individual served by an agency or facility; or
(5) may be unclear or inadequately explained, when reasons should have been revealed.
(b) An ombudsperson shall, in selecting matters for review, inform other interested agencies in order to avoid duplicating other investigations or regulatory efforts, including activities undertaken by a tribal organization under the authority of sections 260.751 to 260.835.
History:
1991 c 292 art 3 s 24; 1999 c 139 art 4 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0764 — Complaints.

257.0764 COMPLAINTS.
An ombudsperson may receive a complaint from any source concerning an action of an agency, facility, or program. After completing a review, the ombudsperson shall inform the complainant, agency, facility, or program. Services to a child shall not be unfavorably altered as a result of an investigation or complaint. An agency, facility, or program shall not retaliate or take adverse action, as defined in section 260E.07, paragraph (c), against an individual who, in good faith, makes a complaint or assists in an investigation.
History:
1991 c 292 art 3 s 25; 1Sp2020 c 2 art 8 s 108
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0765 — Recommendations To Agency.

257.0765 RECOMMENDATIONS TO AGENCY.
(a) If, after reviewing a complaint or conducting an investigation and considering the response of an agency, facility, or program and any other pertinent material, the ombudsperson determines that the complaint has merit or the investigation reveals a problem, the ombudsperson may recommend that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy;
(4) explain more fully the action in question; or
(5) take other action as authorized under section 257.0762.
(b) At the ombudsperson's request, the agency, facility, or program shall, within a reasonable time, inform the ombudsperson about the action taken on the recommendation or the reasons for not complying with it.
History:
1991 c 292 art 3 s 26
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0766 — Recommendations And Public Reports.

257.0766 RECOMMENDATIONS AND PUBLIC REPORTS.
Subdivision 1.
Specific reports.
An ombudsperson may send conclusions and suggestions concerning any matter reviewed to the governor and shall provide copies of all reports to the advisory board and to the groups specified in section 257.0768, subdivision 1. Before making public a conclusion or recommendation that expressly or implicitly criticizes an agency, facility, program, or any person, the ombudsperson shall inform the governor and the affected agency, facility, program, or person concerning the conclusion or recommendation. When sending a conclusion or recommendation to the governor that is adverse to an agency, facility, program, or any person, the ombudsperson shall include any statement of reasonable length made by that agency, facility, program, or person in defense or mitigation of the ombudsperson's conclusion or recommendation.
Subd. 2.
General reports.
In addition to whatever conclusions or recommendations the ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall at the end of each year report to the governor concerning the exercise of the ombudsperson's functions during the preceding year.
History:
1991 c 292 art 3 s 27
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0767 — Civil Actions.

257.0767 CIVIL ACTIONS.
The ombudsperson and designees are not civilly liable for any action taken under sections 257.0755 to 257.0768 if the action was taken in good faith, was within the scope of the ombudsperson's authority, and did not constitute willful or reckless misconduct.
History:
1991 c 292 art 3 s 28
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0768 — Community-specific Boards.

257.0768 COMMUNITY-SPECIFIC BOARDS.
Subdivision 1.
Membership.
Three community-specific boards are created. Each board consists of five members. The chair of each of the following groups shall appoint the board for the community represented by the group: the Minnesota Council on Latino Affairs; the Council for Minnesotans of African Heritage; and the Council on Asian-Pacific Minnesotans. In making appointments, the chair must consult with other members of the council.
Subd. 2.
Compensation; chair.
Members do not receive compensation but are entitled to receive reimbursement for reasonable and necessary expenses incurred.
Subd. 3.
Meetings.
Each board shall meet regularly at the request of the appointing chair or the ombudsperson.
Subd. 4.
Duties.
Each board shall appoint the ombudsperson for its community. Each board shall advise and assist the ombudsperson for its community in selecting matters for attention; developing policies, plans, and programs to carry out the ombudspersons' functions and powers; establishing protocols for working with the communities of color; developing procedures for the ombudspersons' use of the subpoena power to compel testimony and evidence from nonagency individuals; and making reports and recommendations for changes designed to improve standards of competence, efficiency, justice, and protection of rights.
Subd. 5.
Terms, compensation, removal, and expiration.
The membership terms, compensation, and removal of members of each board and the filling of membership vacancies are governed by section 15.0575.
Subd. 6.
Joint meetings.
The members of the three community-specific boards shall meet jointly at least four times each year to advise the ombudspersons on overall policies, plans, protocols, and programs for the office.
History:
1986 c 444; 1991 c 292 art 3 s 29; 1994 c 632 art 4 s 64; 1997 c 7 art 3 s 8; 2015 c 77 art 2 s 87; 1Sp2021 c 7 art 14 s 11,12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.0769 — Funding For The Ombudsperson Program.

257.0769 FUNDING FOR THE OMBUDSPERSON PROGRAM.
Subdivision 1.
Appropriations.
(a) $23,000 from the special account authorized by section 256.01, subdivision 2, paragraph (o), is annually appropriated to the Office of Ombudsperson for American Indian Families for the purpose of section 3.9215.
(b) $69,000 from the special account authorized by section 256.01, subdivision 2, paragraph (o), is annually appropriated to the Office of Ombudsperson for Families for the purposes of sections 257.0755 to 257.0768.
Subd. 2.
Title IV-E reimbursement.
The commissioner shall obtain federal title IV-E financial participation for eligible activity by the ombudsperson for families under section 257.0755 and the ombudsperson for American Indian families under section 3.9215. The ombudsperson for families and the ombudsperson for American Indian families shall maintain and transmit to the Department of Human Services documentation that is necessary in order to obtain federal funds.
History:
1991 c 292 art 3 s 30; 1997 c 7 art 3 s 9; 1Sp2003 c 14 art 6 s 52; 2013 c 125 art 1 s 51; 2015 c 77 art 2 s 87; 1Sp2021 c 7 art 14 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.175 — Duties Of Commissioner Of Human Services.

257.175 DUTIES OF COMMISSIONER OF HUMAN SERVICES.
It shall be the duty of the commissioner of human services to promote the enforcement of all laws for the protection of children with developmental disabilities and dependent, neglected, and delinquent children, to cooperate to this end with juvenile courts and all reputable child-helping and child-placing agencies of a public or private character, and to take the initiative in all matters involving the interests of such children where adequate provision therefor has not already been made. The commissioner may appoint a chief executive officer and such assistants as shall be necessary to carry out the purposes of this section and section 257.33.
History:
(4456) 1917 c 194 s 3; 1965 c 45 s 37; 1980 c 589 s 30; 1984 c 654 art 5 s 58; 2014 c 312 art 27 s 77
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.33 — Duties Of Commissioner Of Human Services; Minor Parents.

257.33 DUTIES OF COMMISSIONER OF HUMAN SERVICES; MINOR PARENTS.
Subdivision 1.
Services to pregnant women.
It shall be the duty of the commissioner of human services to offer appropriate social services to any pregnant woman who is in need of social services under criteria prescribed by rule of the commissioner. The commissioner shall also offer appropriate social services to the woman and her child after the birth of the child.
Subd. 2.
Minor parents and their children.
(a) Every birth to a minor shall be reported by the hospital where the birth occurs, within three working days after the birth. The hospital shall make the report to the county social services agency in the county in which the minor mother resides and shall notify the minor that the report has been made. The county social services agency shall contact any minor mother who does not have a case manager who resides in the county and determine whether she has a plan for herself and her child. The plan must consider:
(1) the age of the minor parent;
(2) the involvement of the minor's parents or of other adults who provide active, ongoing guidance, support, and supervision;
(3) the involvement of the father of the minor's child, including steps being taken to establish paternity, if appropriate;
(4) a decision of the minor to keep and raise her child or place the child for adoption;
(5) completion of high school or a commissioner of education-selected high school equivalency program;
(6) current economic support of the minor parent and child and plans for economic self-sufficiency;
(7) parenting skills of the minor parent;
(8) living arrangement of the minor parent and child;
(9) child care and transportation needed for education, training, or employment;
(10) ongoing health care; and
(11) other services as needed to address personal or family problems or to facilitate the personal growth and development and economic self-sufficiency of the minor parent and child.
(b) If the minor parent does not have a plan for herself and child, the county social services agency shall work with her to develop a plan and shall provide case management services as needed to assure the resources and services are available to meet the plan requirements.
(c) If the minor parent refuses to plan for herself and her child or fails, without good cause, to follow through on an agreed-upon plan, the county social services agency may file a petition under section 260C.141 seeking an order for protective supervision under section 260C.201, subdivision 1, clause (a), on the grounds that the minor parent's child is dependent due to the state of immaturity of the minor parent. A contract with a minor parent under section 256J.54, subdivision 2, is an "agreed-upon plan" for purposes of this section.
History:
(4455) 1917 c 194 s 2; 1980 c 589 s 31; 1981 c 257 s 1; 1984 c 654 art 5 s 58; 1987 c 403 art 3 s 44; 1999 c 139 art 4 s 2; 1999 c 159 s 107; 1Sp2017 c 5 art 10 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.34 — Declaration Of Parentage.

257.34 DECLARATION OF PARENTAGE.
Subdivision 1.
Acknowledgment by parents.
The mother and father of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born may, in a writing signed by both of them before a notary public, declare and acknowledge under oath that they are the biological parents of the child. The declaration may provide that any such child born to the mother at any time before or up to ten months after the date of execution of the declaration is the biological child of the signatories. Execution of the declaration shall:
(a) have the same consequences as an acknowledgment by the signatories of parentage of the child for the purposes of sections 62A.041 and 62C.14, subdivision 5a;
(b) be conclusive evidence that the signatories are parents of the child for the purposes of sections 176.111, 197.75, and 197.752;
(c) create a presumption that the signatory is the biological father of the child for the purposes of sections 257.51 to 257.74;
(d) when timely filed with the Department of Health as provided in section 259.52, qualify as an affidavit stating the intention of the signatories to retain parental rights as provided in section 259.52 if it contains the information required by section 259.52 or rules promulgated thereunder;
(e) have the same consequences as a writing declaring paternity of the child for the purposes of section 524.2-109; and
(f) be conclusive evidence that the signatories are parents of the child for the purposes of chapter 573.
Subd. 2.
[Repealed, 1987 c 403 art 3 s 98]
Subd. 3.
Effect of declaration.
The declaration authorized by subdivision 1 shall not affect the rights or duties arising out of a parent-child relationship of any person not a signatory to the declaration claiming to be the parent of the child nor shall the declaration impair any rights of the child arising out of a parent-child relationship against any person not a signatory to the declaration.
Subd. 4.
Expiration of authority for declarations.
No acknowledgment of parentage shall be entered into on or after August 1, 1995, under this section. The mother and father of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born may before, on, or after August 1, 1995, sign a recognition of parentage under section 257.75.
History:
1980 c 561 s 3; 1981 c 349 s 1; 1983 c 7 s 7; 1983 c 243 s 5 subd 7; 1985 c 250 s 23; 1987 c 384 art 2 s 64; 1987 c 403 art 3 s 45; 1994 c 631 s 31; 1995 c 257 art 4 s 3; 2000 c 260 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.52 — Parent And Child Relationship Defined.

257.52 PARENT AND CHILD RELATIONSHIP DEFINED.
As used in sections 257.51 to 257.74, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.
History:
1980 c 589 s 2; 1986 c 444; 1987 c 403 art 3 s 96
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.54 — How Parent And Child Relationship Established.

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.
The parent and child relationship between a child and:
(a) the biological mother may be established by proof of her having given birth to the child, or under sections 257.51 to 257.74 or 257.75;
(b) the biological father may be established under sections 257.51 to 257.74 or 257.75; or
(c) an adoptive parent may be established by proof of adoption.
History:
1980 c 589 s 4; 1987 c 403 art 3 s 96; 1Sp1993 c 1 art 6 s 33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.541 — Custody And Parenting Time With Children Born Outside Of Marriage.

257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE.
Subdivision 1.
Mother's right to custody.
The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when the child was conceived has sole custody of the child until paternity has been established under sections 257.51 to 257.74, or until custody is determined in a separate proceeding under section 518.156.
Subd. 2.
Father's right to parenting time and custody.
(a) If paternity has been acknowledged under section 257.34 and paternity has been established under sections 257.51 to 257.74, the father's rights of parenting time or custody are determined under sections 518.17 and 518.175.
(b) If paternity has not been acknowledged under section 257.34 and paternity has been established under sections 257.51 to 257.74, the biological father may petition for rights of parenting time or custody in the paternity proceeding or in a separate proceeding under section 518.156.
Subd. 3.
Father's right to parenting time and custody; recognition of paternity.
If paternity has been recognized under section 257.75, the father may petition for rights of parenting time or custody in an independent action under section 518.156. The proceeding must be treated as an initial determination of custody under section 518.17. The provisions of chapter 518 apply with respect to the granting of custody and parenting time. An action to determine custody and parenting time may be commenced pursuant to chapter 518 without an adjudication of parentage. These proceedings may not be combined with any proceeding under chapter 518B.
History:
1983 c 308 s 3; 1987 c 403 art 3 s 96; 1990 c 574 s 3; 1Sp1993 c 1 art 6 s 34; 2000 c 444 art 2 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.56 — Artificial Insemination.

257.56 ARTIFICIAL INSEMINATION.
Subdivision 1.
Husband treated as biological father.
If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the biological father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The consent must be retained by the physician for at least four years after the confirmation of a pregnancy that occurs during the process of artificial insemination.
All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.
Subd. 2.
Donor not treated as biological father.
The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the biological father of a child thereby conceived.
History:
1980 c 589 s 6; 1987 c 126 s 1; 1987 c 403 art 3 s 96
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.58 — Limitation Of Actions; Exceptions.

257.58 LIMITATION OF ACTIONS; EXCEPTIONS.
Subdivision 1.
Actions for children without a presumed father.
Except as otherwise provided in section 259.52, an action to determine the existence of the father and child relationship as to a child who has no presumed father under section 257.55 is not barred until one year after the child reaches the age of majority.
Subd. 2.
Heirship.
Section 257.57 and this section do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.
History:
1980 c 589 s 8; 1983 c 308 s 5; 1985 c 131 s 5; 1997 c 218 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.59 — Jurisdiction; Venue.

257.59 JURISDICTION; VENUE.
Subdivision 1.
Court jurisdiction.
The district court has jurisdiction of an action brought under sections 257.51 to 257.74. The action may be joined with an action for dissolution, annulment, legal separation, custody under chapter 518, or reciprocal enforcement of support.
Subd. 2.
Acquisition of personal jurisdiction.
In addition to any other method provided by rule or statute, personal jurisdiction may be acquired by service in accordance with section 543.19.
Subd. 3.
Venue.
The action may be brought in the county in which the child or the defendant resides or is found or, if the defendant is deceased, in which proceedings for probate of the defendant's estate have been or could be commenced.
History:
1980 c 589 s 9; 1983 c 308 s 6; 1Sp1993 c 1 art 6 s 37; 1998 c 254 art 2 s 29