SF3920

Purpose

Clarify and strengthen how Minnesota addresses child welfare cases involving African American and other disproportionately represented children. The bill aims to preserve families, prevent or minimize out-of-home placements, and promote timely reunification when safe. It also seeks to reduce disparities by requiring culturally informed practices, enhanced oversight, and data-driven remediation.

Main Provisions

• Active Reasonable Efforts (definition and standard)

  • Replaces or elevates the standard from “reasonable efforts” to “active reasonable efforts,” requiring continuous, collaborative, and culturally aware work with the child’s African American or disproportionately represented family.
  • Involves the family in all relevant services and plans, considers social and cultural values, and informs families about reporting noncompliance.
  • Focuses on preserving the family, preventing removal when possible, and reunifying the child with family as soon as it is safe.

• Prevention and Safety Planning

  • Before removing a child, agencies must work with the family to explore keeping the child at home with a safety plan tailored to the family’s needs.
  • The safety plan must address specific allegations, include economic supports if needed to prevent neglect, involve family and community supports, and be adjustable as needs change.
  • Out-of-home placement is prohibited unless the court finds clear and convincing evidence that the child would be at risk if kept at home.

• Visitation in Out-of-Home Placement

  • Agencies must promote regular, frequent visitation between the child and parents, custodians, siblings, and relatives.
  • If visitation is infrequent, agencies must identify barriers and take steps to increase visitation.

• Noncustodial/Relatives Placement

  • Before removing a child, agencies must identify and notify the child’s noncustodial or nonadjudicated parent and relatives, with information about legal resources.
  • Agencies must assess whether the noncustodial or nonadjudicated parent can care for the child and, if able and willing, may place the child with them with Agency support.
  • Relative search, engagement, and placement considerations apply.

• Termination of Parental Rights (TPR) Exceptions

  • The court may terminate parental rights if, among other conditions, there is no willing or able noncustodial parent or relative and certain safety concerns exist.
  • Adds presumptions and conditions related to abandonment, consistent pattern of unfitness, failure to correct placement conditions, egregious harm, and compliance with court orders and case plans.
  • Establishes clearer timelines and evidentiary standards around when active reasonable efforts are considered to have failed.

• Case Reviews and Oversight

  • Agencies must review all cases involving African American and other disproportionately represented children, identify trends, and create remediation plans to address disparities.
  • Requires summary reports to be shared with the African American Child Well-Being Advisory Council, the commissioner, and legislative leaders, with annual updates.
  • Data points include race, maltreatment reports, removals and reunifications, service referrals, and permanency outcomes.
  • Agencies must document barriers to reunification, access to culturally informed services, and efforts to engage fathers and relatives.
  • Remediation plans must aim for trauma-informed, positive child wellbeing outcomes.

Significant Changes to Law

• Higher standard and broader scope for active efforts to preserve families and prevent placement.
• Stronger emphasis on cultural and economic needs, family involvement, and community supports.
• Mandatory frequent visitation and proactive planning to keep siblings and relatives connected.
• Formal mechanism to locate and consider noncustodial and nonadjudicated parents for potential placement.
• Expanded, data-driven oversight to identify and address disproportionality and disparities in outcomes.
• Requirements for ongoing remediation plans and transparency in reporting.

Implementation and Oversight (What changes in practice)

• Agencies will need updated policies and training on active reasonable efforts, cultural responsiveness, and trauma-informed care.
• New or revised documentation for safety plans, visitation efforts, and relative notifications.
• Court proceedings will include findings about whether active reasonable efforts were provided and whether disproportionality factors were addressed.
• Regular data collection and reporting cycles to monitor progress and drive improvements.

Potential Impacts

• For families: greater involvement in planning, more supports to prevent removal, and improved access to culturally informed and family-centered services.
• For children: potential for fewer removals when safe, more consistent visitation, and faster pathways to reunification.
• For agencies: increased administrative requirements and data reporting, plus a focus on addressing racial disparities in outcomes.

Relevant Terms active reasonable efforts, African American, disproportionately represented, out-of-home placement, foster care, reunification, safety plan, family group consultation, culturally informed, trauma-informed, visitation, noncustodial parent, nonadjudicated parent, relative placement, relative search notice, court order, transfer of permanent legal and physical custody, termination of parental rights, substantial evidence, compliance portal, child welfare data, disproportionality, remediation plan, family preservation, guardianship, Title IV-E (federal funding requirements).