On April 23, 2012, Governor Dayton signed S.F. 1675/ H.F. 1967 into law. This blog post will take an in depth look into Article 1. Future blog posts will address the remaining articles.
Article 1: Children and Families Policy Provisions

  1. Child Maltreatment Review Panel has been eliminated.
  2. MFIP transitional standard breakdown of food and cash has been taken out of statute and the standard will be published annually by the Department of Human Services.
  3. The venue for adoption proceedings shall occur in the county where the petitioner resides with the exception of children under guardianship of the commissioner.
  4. Siblings shall be placed together unless it has been determined that placement together is not in the best interest of a sibling after weighing the benefits of separate placement against the benefits of sibling connection for each sibling.
  5. Permanency Progress Reviews required for all children in foster care for 6 months. Each review shall address the following:
    1. Progress of the case;
    2. Active efforts for reunification;
    3. Reasonable efforts to finalize a permanency plan and make a placement in a home that will commit to being a legal permanent family for the child; and
    4. Active efforts to prevent the breakup of the Indian family and make placement according to placement preference under US Code, title 25,chapter 21, section 1915.

    6. kids and policy.jpg

  6. Notice of Court Proceeding to Relatives is required for relatives who:
    1. Respond to the agency’s notice indicating an interest in participating in planning for the child or being a permanency resource and has kept the court apprised of their address; or
    2. Has asked to be notified of court proceedings regarding the child.

    A parent may request to the court that a specific relative not be considered for placement due to safety reasons including past family or domestic violence.

  7. Parental non-compliance with out-of-home placement plans or visitation schedules: Courts may order social services to:
    1. Develop a plan for legally permanent placement;
    2. Consider, identify, recruit or support one or more permanency resources from the child’s relatives and foster parent to become a legally permanent home in the event a child cannot return home (any relative or foster parent must comply with background study and home study requirements)
  8. Independent Living Skills Plan must be completed for all children in out-of-home care who are 16 and older. An additional requirement of the plan is that youth must receive a free copy of their consumer credit report and the agency shall assist in the interpretation and resolution of inaccuracies.
  9. Placement Factors for Children: These have expanded from 8 to 10 factors. The placement factors did not change but statute now separates educational, medical and developmental needs.
  10. Court jurisdiction continues following a termination of parental rights and a parents consent to adopt until:
    1. The child is adopted;
    2. Until the child reaches the age of majority; or
    3. As long as the child continues or reenters foster care.
  11. Parents whose rights have been terminated retain the ability to enter into a contact/communication agreement if the court determines it to be in the best interest of the child.
  12. Transfer of Custody term moving toward the term Guardianship.
  13. Adoption language for Children Not Under State Guardianship is moving to 259C.
  14. Birth match data is being used when a child is the subject of a report alleging threatened harm.

How might these changes affect the child welfare system and service delivery? What changes will you need to make in your practice to address these changes?
*image courtesy of Child Welfare League of America